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1 | AN ACT to revise the law by combining multiple enactments | ||||||
2 | and making technical corrections.
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3 | Be it enacted by the People of the State of Illinois,
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4 | represented in the General Assembly:
| ||||||
5 | Section 1. Nature of this Act. | ||||||
6 | (a) This Act may be cited as the First 2022 General
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7 | Revisory Act. | ||||||
8 | (b) This Act is not intended to make any substantive | ||||||
9 | change in the law. It reconciles conflicts that have arisen | ||||||
10 | from multiple amendments and enactments and makes technical | ||||||
11 | corrections and revisions in the law. | ||||||
12 | This Act revises and, where appropriate, renumbers certain | ||||||
13 | Sections that have been added or amended by more than one | ||||||
14 | Public Act. In certain cases in which a repealed Act or Section | ||||||
15 | has been replaced with a successor law, this Act may | ||||||
16 | incorporate amendments to the repealed Act or Section into the | ||||||
17 | successor law. This Act also corrects errors, revises | ||||||
18 | cross-references, and deletes obsolete text. | ||||||
19 | (c) In this Act, the reference at the end of each amended | ||||||
20 | Section indicates the sources in the Session Laws of Illinois | ||||||
21 | that were used in the preparation of the text of that Section. | ||||||
22 | The text of the Section included in this Act is intended to | ||||||
23 | include the different versions of the Section found in the | ||||||
24 | Public Acts included in the list of sources, but may not |
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1 | include other versions of the Section to be found in Public | ||||||
2 | Acts not included in the list of sources. The list of sources | ||||||
3 | is not a part of the text of the Section. | ||||||
4 | (d) Public Acts 101-652 through 102-691 were considered in | ||||||
5 | the preparation of the combining revisories included in this | ||||||
6 | Act. Many of those combining revisories contain no striking or | ||||||
7 | underscoring because no additional changes are being made in | ||||||
8 | the material that is being combined. | ||||||
9 | Section 5. The Regulatory Sunset Act is amended by | ||||||
10 | changing Section 4.37 as follows: | ||||||
11 | (5 ILCS 80/4.37) | ||||||
12 | (Text of Section before amendment by P.A. 102-683 ) | ||||||
13 | Sec. 4.37. Acts and Articles repealed on January 1, 2027. | ||||||
14 | The following are repealed on January 1, 2027: | ||||||
15 | The Clinical Psychologist Licensing Act.
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16 | The Illinois Optometric Practice Act of 1987. | ||||||
17 | Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI, | ||||||
18 | and
XXXI 1/4 , and XXXI 3/4 of the Illinois Insurance Code.
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19 | The Boiler and Pressure Vessel Repairer Regulation Act. | ||||||
20 | The Marriage and Family Therapy Licensing Act. | ||||||
21 | The Boxing and Full-contact Martial Arts Act. | ||||||
22 | The Cemetery Oversight Act. | ||||||
23 | The Community Association Manager Licensing and | ||||||
24 | Disciplinary Act. |
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1 | The Detection of Deception Examiners Act. | ||||||
2 | The Home Inspector License Act. | ||||||
3 | The Massage Licensing Act. | ||||||
4 | The Medical Practice Act of 1987. | ||||||
5 | The Petroleum Equipment Contractors Licensing Act. | ||||||
6 | The Radiation Protection Act of 1990. | ||||||
7 | The Real Estate Appraiser Licensing Act of 2002. | ||||||
8 | The Registered Interior Designers Act. | ||||||
9 | The Landscape Architecture Registration Act. | ||||||
10 | The Water Well and Pump Installation Contractor's License | ||||||
11 | Act. | ||||||
12 | The Collateral Recovery Act. | ||||||
13 | (Source: P.A. 102-20, eff. 6-25-21; 102-284, eff. 8-6-21; | ||||||
14 | 102-437, eff. 8-20-21; 102-656, eff. 8-27-21; revised | ||||||
15 | 10-13-21.) | ||||||
16 | (Text of Section after amendment by P.A. 102-683 ) | ||||||
17 | Sec. 4.37. Acts and Articles repealed on January 1, 2027. | ||||||
18 | The following are repealed on January 1, 2027: | ||||||
19 | The Clinical Psychologist Licensing Act.
| ||||||
20 | The Illinois Optometric Practice Act of 1987. | ||||||
21 | Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI, | ||||||
22 | and
XXXI 1/4 , and XXXI 3/4 of the Illinois Insurance Code.
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23 | The Boiler and Pressure Vessel Repairer Regulation Act. | ||||||
24 | The Marriage and Family Therapy Licensing Act. | ||||||
25 | The Boxing and Full-contact Martial Arts Act. |
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| |||||||
1 | The Cemetery Oversight Act. | ||||||
2 | The Community Association Manager Licensing and | ||||||
3 | Disciplinary Act. | ||||||
4 | The Detection of Deception Examiners Act. | ||||||
5 | The Home Inspector License Act. | ||||||
6 | The Massage Licensing Act. | ||||||
7 | The Medical Practice Act of 1987. | ||||||
8 | The Petroleum Equipment Contractors Licensing Act. | ||||||
9 | The Radiation Protection Act of 1990. | ||||||
10 | The Real Estate Appraiser Licensing Act of 2002. | ||||||
11 | The Registered Interior Designers Act. | ||||||
12 | The Landscape Architecture Registration Act. | ||||||
13 | The Water Well and Pump Installation Contractor's License | ||||||
14 | Act. | ||||||
15 | The Collateral Recovery Act. | ||||||
16 | The Licensed Certified Professional Midwife Practice Act. | ||||||
17 | (Source: P.A. 102-20, eff. 6-25-21; 102-284, eff. 8-6-21; | ||||||
18 | 102-437, eff. 8-20-21; 102-656, eff. 8-27-21; 102-683, eff. | ||||||
19 | 10-1-22; revised 1-5-22.) | ||||||
20 | Section 10. The Illinois Administrative Procedure Act is | ||||||
21 | amended by changing Section 5-45 and by setting forth, | ||||||
22 | renumbering, and changing multiple
versions of Sections 5-45.8 | ||||||
23 | and 5-45.9 as follows: | ||||||
24 | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) |
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1 | Sec. 5-45. Emergency rulemaking. | ||||||
2 | (a) "Emergency" means the existence of any situation that | ||||||
3 | any agency
finds reasonably constitutes a threat to the public | ||||||
4 | interest, safety, or
welfare. | ||||||
5 | (b) If any agency finds that an
emergency exists that | ||||||
6 | requires adoption of a rule upon fewer days than
is required by | ||||||
7 | Section 5-40 and states in writing its reasons for that
| ||||||
8 | finding, the agency may adopt an emergency rule without prior | ||||||
9 | notice or
hearing upon filing a notice of emergency rulemaking | ||||||
10 | with the Secretary of
State under Section 5-70. The notice | ||||||
11 | shall include the text of the
emergency rule and shall be | ||||||
12 | published in the Illinois Register. Consent
orders or other | ||||||
13 | court orders adopting settlements negotiated by an agency
may | ||||||
14 | be adopted under this Section. Subject to applicable | ||||||
15 | constitutional or
statutory provisions, an emergency rule | ||||||
16 | becomes effective immediately upon
filing under Section 5-65 | ||||||
17 | or at a stated date less than 10 days
thereafter. The agency's | ||||||
18 | finding and a statement of the specific reasons
for the | ||||||
19 | finding shall be filed with the rule. The agency shall take
| ||||||
20 | reasonable and appropriate measures to make emergency rules | ||||||
21 | known to the
persons who may be affected by them. | ||||||
22 | (c) An emergency rule may be effective for a period of not | ||||||
23 | longer than
150 days, but the agency's authority to adopt an | ||||||
24 | identical rule under Section
5-40 is not precluded. No | ||||||
25 | emergency rule may be adopted more
than once in any 24-month | ||||||
26 | period, except that this limitation on the number
of emergency |
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1 | rules that may be adopted in a 24-month period does not apply
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2 | to (i) emergency rules that make additions to and deletions | ||||||
3 | from the Drug
Manual under Section 5-5.16 of the Illinois | ||||||
4 | Public Aid Code or the
generic drug formulary under Section | ||||||
5 | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||||||
6 | emergency rules adopted by the Pollution Control
Board before | ||||||
7 | July 1, 1997 to implement portions of the Livestock Management
| ||||||
8 | Facilities Act, (iii) emergency rules adopted by the Illinois | ||||||
9 | Department of Public Health under subsections (a) through (i) | ||||||
10 | of Section 2 of the Department of Public Health Act when | ||||||
11 | necessary to protect the public's health, (iv) emergency rules | ||||||
12 | adopted pursuant to subsection (n) of this Section, (v) | ||||||
13 | emergency rules adopted pursuant to subsection (o) of this | ||||||
14 | Section, or (vi) emergency rules adopted pursuant to | ||||||
15 | subsection (c-5) of this Section. Two or more emergency rules | ||||||
16 | having substantially the same
purpose and effect shall be | ||||||
17 | deemed to be a single rule for purposes of this
Section. | ||||||
18 | (c-5) To facilitate the maintenance of the program of | ||||||
19 | group health benefits provided to annuitants, survivors, and | ||||||
20 | retired employees under the State Employees Group Insurance | ||||||
21 | Act of 1971, rules to alter the contributions to be paid by the | ||||||
22 | State, annuitants, survivors, retired employees, or any | ||||||
23 | combination of those entities, for that program of group | ||||||
24 | health benefits, shall be adopted as emergency rules. The | ||||||
25 | adoption of those rules shall be considered an emergency and | ||||||
26 | necessary for the public interest, safety, and welfare. |
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1 | (d) In order to provide for the expeditious and timely | ||||||
2 | implementation
of the State's fiscal year 1999 budget, | ||||||
3 | emergency rules to implement any
provision of Public Act | ||||||
4 | 90-587 or 90-588
or any other budget initiative for fiscal | ||||||
5 | year 1999 may be adopted in
accordance with this Section by the | ||||||
6 | agency charged with administering that
provision or | ||||||
7 | initiative, except that the 24-month limitation on the | ||||||
8 | adoption
of emergency rules and the provisions of Sections | ||||||
9 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
10 | subsection (d). The adoption of emergency rules
authorized by | ||||||
11 | this subsection (d) shall be deemed to be necessary for the
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12 | public interest, safety, and welfare. | ||||||
13 | (e) In order to provide for the expeditious and timely | ||||||
14 | implementation
of the State's fiscal year 2000 budget, | ||||||
15 | emergency rules to implement any
provision of Public Act 91-24
| ||||||
16 | or any other budget initiative for fiscal year 2000 may be | ||||||
17 | adopted in
accordance with this Section by the agency charged | ||||||
18 | with administering that
provision or initiative, except that | ||||||
19 | the 24-month limitation on the adoption
of emergency rules and | ||||||
20 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
21 | rules adopted under this subsection (e). The adoption of | ||||||
22 | emergency rules
authorized by this subsection (e) shall be | ||||||
23 | deemed to be necessary for the
public interest, safety, and | ||||||
24 | welfare. | ||||||
25 | (f) In order to provide for the expeditious and timely | ||||||
26 | implementation
of the State's fiscal year 2001 budget, |
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1 | emergency rules to implement any
provision of Public Act | ||||||
2 | 91-712
or any other budget initiative for fiscal year 2001 may | ||||||
3 | be adopted in
accordance with this Section by the agency | ||||||
4 | charged with administering that
provision or initiative, | ||||||
5 | except that the 24-month limitation on the adoption
of | ||||||
6 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
7 | do not apply
to rules adopted under this subsection (f). The | ||||||
8 | adoption of emergency rules
authorized by this subsection (f) | ||||||
9 | shall be deemed to be necessary for the
public interest, | ||||||
10 | safety, and welfare. | ||||||
11 | (g) In order to provide for the expeditious and timely | ||||||
12 | implementation
of the State's fiscal year 2002 budget, | ||||||
13 | emergency rules to implement any
provision of Public Act 92-10
| ||||||
14 | or any other budget initiative for fiscal year 2002 may be | ||||||
15 | adopted in
accordance with this Section by the agency charged | ||||||
16 | with administering that
provision or initiative, except that | ||||||
17 | the 24-month limitation on the adoption
of emergency rules and | ||||||
18 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
19 | rules adopted under this subsection (g). The adoption of | ||||||
20 | emergency rules
authorized by this subsection (g) shall be | ||||||
21 | deemed to be necessary for the
public interest, safety, and | ||||||
22 | welfare. | ||||||
23 | (h) In order to provide for the expeditious and timely | ||||||
24 | implementation
of the State's fiscal year 2003 budget, | ||||||
25 | emergency rules to implement any
provision of Public Act | ||||||
26 | 92-597
or any other budget initiative for fiscal year 2003 may |
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1 | be adopted in
accordance with this Section by the agency | ||||||
2 | charged with administering that
provision or initiative, | ||||||
3 | except that the 24-month limitation on the adoption
of | ||||||
4 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
5 | do not apply
to rules adopted under this subsection (h). The | ||||||
6 | adoption of emergency rules
authorized by this subsection (h) | ||||||
7 | shall be deemed to be necessary for the
public interest, | ||||||
8 | safety, and welfare. | ||||||
9 | (i) In order to provide for the expeditious and timely | ||||||
10 | implementation
of the State's fiscal year 2004 budget, | ||||||
11 | emergency rules to implement any
provision of Public Act 93-20
| ||||||
12 | or any other budget initiative for fiscal year 2004 may be | ||||||
13 | adopted in
accordance with this Section by the agency charged | ||||||
14 | with administering that
provision or initiative, except that | ||||||
15 | the 24-month limitation on the adoption
of emergency rules and | ||||||
16 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
17 | rules adopted under this subsection (i). The adoption of | ||||||
18 | emergency rules
authorized by this subsection (i) shall be | ||||||
19 | deemed to be necessary for the
public interest, safety, and | ||||||
20 | welfare. | ||||||
21 | (j) In order to provide for the expeditious and timely | ||||||
22 | implementation of the provisions of the State's fiscal year | ||||||
23 | 2005 budget as provided under the Fiscal Year 2005 Budget | ||||||
24 | Implementation (Human Services) Act, emergency rules to | ||||||
25 | implement any provision of the Fiscal Year 2005 Budget | ||||||
26 | Implementation (Human Services) Act may be adopted in |
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1 | accordance with this Section by the agency charged with | ||||||
2 | administering that provision, except that the 24-month | ||||||
3 | limitation on the adoption of emergency rules and the | ||||||
4 | provisions of Sections 5-115 and 5-125 do not apply to rules | ||||||
5 | adopted under this subsection (j). The Department of Public | ||||||
6 | Aid may also adopt rules under this subsection (j) necessary | ||||||
7 | to administer the Illinois Public Aid Code and the Children's | ||||||
8 | Health Insurance Program Act. The adoption of emergency rules | ||||||
9 | authorized by this subsection (j) shall be deemed to be | ||||||
10 | necessary for the public interest, safety, and welfare.
| ||||||
11 | (k) In order to provide for the expeditious and timely | ||||||
12 | implementation of the provisions of the State's fiscal year | ||||||
13 | 2006 budget, emergency rules to implement any provision of | ||||||
14 | Public Act 94-48 or any other budget initiative for fiscal | ||||||
15 | year 2006 may be adopted in accordance with this Section by the | ||||||
16 | agency charged with administering that provision or | ||||||
17 | initiative, except that the 24-month limitation on the | ||||||
18 | adoption of emergency rules and the provisions of Sections | ||||||
19 | 5-115 and 5-125 do not apply to rules adopted under this | ||||||
20 | subsection (k). The Department of Healthcare and Family | ||||||
21 | Services may also adopt rules under this subsection (k) | ||||||
22 | necessary to administer the Illinois Public Aid Code, the | ||||||
23 | Senior Citizens and Persons with Disabilities Property Tax | ||||||
24 | Relief Act, the Senior Citizens and Disabled Persons | ||||||
25 | Prescription Drug Discount Program Act (now the Illinois | ||||||
26 | Prescription Drug Discount Program Act), and the Children's |
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| |||||||
1 | Health Insurance Program Act. The adoption of emergency rules | ||||||
2 | authorized by this subsection (k) shall be deemed to be | ||||||
3 | necessary for the public interest, safety, and welfare.
| ||||||
4 | (l) In order to provide for the expeditious and timely | ||||||
5 | implementation of the provisions of the
State's fiscal year | ||||||
6 | 2007 budget, the Department of Healthcare and Family Services | ||||||
7 | may adopt emergency rules during fiscal year 2007, including | ||||||
8 | rules effective July 1, 2007, in
accordance with this | ||||||
9 | subsection to the extent necessary to administer the | ||||||
10 | Department's responsibilities with respect to amendments to | ||||||
11 | the State plans and Illinois waivers approved by the federal | ||||||
12 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
13 | requirements of Title XIX and Title XXI of the federal Social | ||||||
14 | Security Act. The adoption of emergency rules
authorized by | ||||||
15 | this subsection (l) shall be deemed to be necessary for the | ||||||
16 | public interest,
safety, and welfare.
| ||||||
17 | (m) In order to provide for the expeditious and timely | ||||||
18 | implementation of the provisions of the
State's fiscal year | ||||||
19 | 2008 budget, the Department of Healthcare and Family Services | ||||||
20 | may adopt emergency rules during fiscal year 2008, including | ||||||
21 | rules effective July 1, 2008, in
accordance with this | ||||||
22 | subsection to the extent necessary to administer the | ||||||
23 | Department's responsibilities with respect to amendments to | ||||||
24 | the State plans and Illinois waivers approved by the federal | ||||||
25 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
26 | requirements of Title XIX and Title XXI of the federal Social |
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| |||||||
1 | Security Act. The adoption of emergency rules
authorized by | ||||||
2 | this subsection (m) shall be deemed to be necessary for the | ||||||
3 | public interest,
safety, and welfare.
| ||||||
4 | (n) In order to provide for the expeditious and timely | ||||||
5 | implementation of the provisions of the State's fiscal year | ||||||
6 | 2010 budget, emergency rules to implement any provision of | ||||||
7 | Public Act 96-45 or any other budget initiative authorized by | ||||||
8 | the 96th General Assembly for fiscal year 2010 may be adopted | ||||||
9 | in accordance with this Section by the agency charged with | ||||||
10 | administering that provision or initiative. The adoption of | ||||||
11 | emergency rules authorized by this subsection (n) shall be | ||||||
12 | deemed to be necessary for the public interest, safety, and | ||||||
13 | welfare. The rulemaking authority granted in this subsection | ||||||
14 | (n) shall apply only to rules promulgated during Fiscal Year | ||||||
15 | 2010. | ||||||
16 | (o) In order to provide for the expeditious and timely | ||||||
17 | implementation of the provisions of the State's fiscal year | ||||||
18 | 2011 budget, emergency rules to implement any provision of | ||||||
19 | Public Act 96-958 or any other budget initiative authorized by | ||||||
20 | the 96th General Assembly for fiscal year 2011 may be adopted | ||||||
21 | in accordance with this Section by the agency charged with | ||||||
22 | administering that provision or initiative. The adoption of | ||||||
23 | emergency rules authorized by this subsection (o) is deemed to | ||||||
24 | be necessary for the public interest, safety, and welfare. The | ||||||
25 | rulemaking authority granted in this subsection (o) applies | ||||||
26 | only to rules promulgated on or after July 1, 2010 (the |
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1 | effective date of Public Act 96-958) through June 30, 2011. | ||||||
2 | (p) In order to provide for the expeditious and timely | ||||||
3 | implementation of the provisions of Public Act 97-689, | ||||||
4 | emergency rules to implement any provision of Public Act | ||||||
5 | 97-689 may be adopted in accordance with this subsection (p) | ||||||
6 | by the agency charged with administering that provision or | ||||||
7 | initiative. The 150-day limitation of the effective period of | ||||||
8 | emergency rules does not apply to rules adopted under this | ||||||
9 | subsection (p), and the effective period may continue through | ||||||
10 | June 30, 2013. The 24-month limitation on the adoption of | ||||||
11 | emergency rules does not apply to rules adopted under this | ||||||
12 | subsection (p). The adoption of emergency rules authorized by | ||||||
13 | this subsection (p) is deemed to be necessary for the public | ||||||
14 | interest, safety, and welfare. | ||||||
15 | (q) In order to provide for the expeditious and timely | ||||||
16 | implementation of the provisions of Articles 7, 8, 9, 11, and | ||||||
17 | 12 of Public Act 98-104, emergency rules to implement any | ||||||
18 | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | ||||||
19 | may be adopted in accordance with this subsection (q) by the | ||||||
20 | agency charged with administering that provision or | ||||||
21 | initiative. The 24-month limitation on the adoption of | ||||||
22 | emergency rules does not apply to rules adopted under this | ||||||
23 | subsection (q). The adoption of emergency rules authorized by | ||||||
24 | this subsection (q) is deemed to be necessary for the public | ||||||
25 | interest, safety, and welfare. | ||||||
26 | (r) In order to provide for the expeditious and timely |
| |||||||
| |||||||
1 | implementation of the provisions of Public Act 98-651, | ||||||
2 | emergency rules to implement Public Act 98-651 may be adopted | ||||||
3 | in accordance with this subsection (r) by the Department of | ||||||
4 | Healthcare and Family Services. The 24-month limitation on the | ||||||
5 | adoption of emergency rules does not apply to rules adopted | ||||||
6 | under this subsection (r). The adoption of emergency rules | ||||||
7 | authorized by this subsection (r) is deemed to be necessary | ||||||
8 | for the public interest, safety, and welfare. | ||||||
9 | (s) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of Sections 5-5b.1 and 5A-2 | ||||||
11 | of the Illinois Public Aid Code, emergency rules to implement | ||||||
12 | any provision of Section 5-5b.1 or Section 5A-2 of the | ||||||
13 | Illinois Public Aid Code may be adopted in accordance with | ||||||
14 | this subsection (s) by the Department of Healthcare and Family | ||||||
15 | Services. The rulemaking authority granted in this subsection | ||||||
16 | (s) shall apply only to those rules adopted prior to July 1, | ||||||
17 | 2015. Notwithstanding any other provision of this Section, any | ||||||
18 | emergency rule adopted under this subsection (s) shall only | ||||||
19 | apply to payments made for State fiscal year 2015. The | ||||||
20 | adoption of emergency rules authorized by this subsection (s) | ||||||
21 | is deemed to be necessary for the public interest, safety, and | ||||||
22 | welfare. | ||||||
23 | (t) In order to provide for the expeditious and timely | ||||||
24 | implementation of the provisions of Article II of Public Act | ||||||
25 | 99-6, emergency rules to implement the changes made by Article | ||||||
26 | II of Public Act 99-6 to the Emergency Telephone System Act may |
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1 | be adopted in accordance with this subsection (t) by the | ||||||
2 | Department of State Police. The rulemaking authority granted | ||||||
3 | in this subsection (t) shall apply only to those rules adopted | ||||||
4 | prior to July 1, 2016. The 24-month limitation on the adoption | ||||||
5 | of emergency rules does not apply to rules adopted under this | ||||||
6 | subsection (t). The adoption of emergency rules authorized by | ||||||
7 | this subsection (t) is deemed to be necessary for the public | ||||||
8 | interest, safety, and welfare. | ||||||
9 | (u) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of the Burn Victims Relief | ||||||
11 | Act, emergency rules to implement any provision of the Act may | ||||||
12 | be adopted in accordance with this subsection (u) by the | ||||||
13 | Department of Insurance. The rulemaking authority granted in | ||||||
14 | this subsection (u) shall apply only to those rules adopted | ||||||
15 | prior to December 31, 2015. The adoption of emergency rules | ||||||
16 | authorized by this subsection (u) is deemed to be necessary | ||||||
17 | for the public interest, safety, and welfare. | ||||||
18 | (v) In order to provide for the expeditious and timely | ||||||
19 | implementation of the provisions of Public Act 99-516, | ||||||
20 | emergency rules to implement Public Act 99-516 may be adopted | ||||||
21 | in accordance with this subsection (v) by the Department of | ||||||
22 | Healthcare and Family Services. The 24-month limitation on the | ||||||
23 | adoption of emergency rules does not apply to rules adopted | ||||||
24 | under this subsection (v). The adoption of emergency rules | ||||||
25 | authorized by this subsection (v) is deemed to be necessary | ||||||
26 | for the public interest, safety, and welfare. |
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| |||||||
1 | (w) In order to provide for the expeditious and timely | ||||||
2 | implementation of the provisions of Public Act 99-796, | ||||||
3 | emergency rules to implement the changes made by Public Act | ||||||
4 | 99-796 may be adopted in accordance with this subsection (w) | ||||||
5 | by the Adjutant General. The adoption of emergency rules | ||||||
6 | authorized by this subsection (w) is deemed to be necessary | ||||||
7 | for the public interest, safety, and welfare. | ||||||
8 | (x) In order to provide for the expeditious and timely | ||||||
9 | implementation of the provisions of Public Act 99-906, | ||||||
10 | emergency rules to implement subsection (i) of Section | ||||||
11 | 16-115D, subsection (g) of Section 16-128A, and subsection (a) | ||||||
12 | of Section 16-128B of the Public Utilities Act may be adopted | ||||||
13 | in accordance with this subsection (x) by the Illinois | ||||||
14 | Commerce Commission. The rulemaking authority granted in this | ||||||
15 | subsection (x) shall apply only to those rules adopted within | ||||||
16 | 180 days after June 1, 2017 (the effective date of Public Act | ||||||
17 | 99-906). The adoption of emergency rules authorized by this | ||||||
18 | subsection (x) is deemed to be necessary for the public | ||||||
19 | interest, safety, and welfare. | ||||||
20 | (y) In order to provide for the expeditious and timely | ||||||
21 | implementation of the provisions of Public Act 100-23, | ||||||
22 | emergency rules to implement the changes made by Public Act | ||||||
23 | 100-23 to Section 4.02 of the Illinois Act on the Aging, | ||||||
24 | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | ||||||
25 | Section 55-30 of the Alcoholism and Other Drug Abuse and | ||||||
26 | Dependency Act, and Sections 74 and 75 of the Mental Health and |
| |||||||
| |||||||
1 | Developmental Disabilities Administrative Act may be adopted | ||||||
2 | in accordance with this subsection (y) by the respective | ||||||
3 | Department. The adoption of emergency rules authorized by this | ||||||
4 | subsection (y) is deemed to be necessary for the public | ||||||
5 | interest, safety, and welfare. | ||||||
6 | (z) In order to provide for the expeditious and timely | ||||||
7 | implementation of the provisions of Public Act 100-554, | ||||||
8 | emergency rules to implement the changes made by Public Act | ||||||
9 | 100-554 to Section 4.7 of the Lobbyist Registration Act may be | ||||||
10 | adopted in accordance with this subsection (z) by the | ||||||
11 | Secretary of State. The adoption of emergency rules authorized | ||||||
12 | by this subsection (z) is deemed to be necessary for the public | ||||||
13 | interest, safety, and welfare. | ||||||
14 | (aa) In order to provide for the expeditious and timely | ||||||
15 | initial implementation of the changes made to Articles 5, 5A, | ||||||
16 | 12, and 14 of the Illinois Public Aid Code under the provisions | ||||||
17 | of Public Act 100-581, the Department of Healthcare and Family | ||||||
18 | Services may adopt emergency rules in accordance with this | ||||||
19 | subsection (aa). The 24-month limitation on the adoption of | ||||||
20 | emergency rules does not apply to rules to initially implement | ||||||
21 | the changes made to Articles 5, 5A, 12, and 14 of the Illinois | ||||||
22 | Public Aid Code adopted under this subsection (aa). The | ||||||
23 | adoption of emergency rules authorized by this subsection (aa) | ||||||
24 | is deemed to be necessary for the public interest, safety, and | ||||||
25 | welfare. | ||||||
26 | (bb) In order to provide for the expeditious and timely |
| |||||||
| |||||||
1 | implementation of the provisions of Public Act 100-587, | ||||||
2 | emergency rules to implement the changes made by Public Act | ||||||
3 | 100-587 to Section 4.02 of the Illinois Act on the Aging, | ||||||
4 | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | ||||||
5 | subsection (b) of Section 55-30 of the Alcoholism and Other | ||||||
6 | Drug Abuse and Dependency Act, Section 5-104 of the | ||||||
7 | Specialized Mental Health Rehabilitation Act of 2013, and | ||||||
8 | Section 75 and subsection (b) of Section 74 of the Mental | ||||||
9 | Health and Developmental Disabilities Administrative Act may | ||||||
10 | be adopted in accordance with this subsection (bb) by the | ||||||
11 | respective Department. The adoption of emergency rules | ||||||
12 | authorized by this subsection (bb) is deemed to be necessary | ||||||
13 | for the public interest, safety, and welfare. | ||||||
14 | (cc) In order to provide for the expeditious and timely | ||||||
15 | implementation of the provisions of Public Act 100-587, | ||||||
16 | emergency rules may be adopted in accordance with this | ||||||
17 | subsection (cc) to implement the changes made by Public Act | ||||||
18 | 100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois | ||||||
19 | Pension Code by the Board created under Article 14 of the Code; | ||||||
20 | Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by | ||||||
21 | the Board created under Article 15 of the Code; and Sections | ||||||
22 | 16-190.5 and 16-190.6 of the Illinois Pension Code by the | ||||||
23 | Board created under Article 16 of the Code. The adoption of | ||||||
24 | emergency rules authorized by this subsection (cc) is deemed | ||||||
25 | to be necessary for the public interest, safety, and welfare. | ||||||
26 | (dd) In order to provide for the expeditious and timely |
| |||||||
| |||||||
1 | implementation of the provisions of Public Act 100-864, | ||||||
2 | emergency rules to implement the changes made by Public Act | ||||||
3 | 100-864 to Section 3.35 of the Newborn Metabolic Screening Act | ||||||
4 | may be adopted in accordance with this subsection (dd) by the | ||||||
5 | Secretary of State. The adoption of emergency rules authorized | ||||||
6 | by this subsection (dd) is deemed to be necessary for the | ||||||
7 | public interest, safety, and welfare. | ||||||
8 | (ee) In order to provide for the expeditious and timely | ||||||
9 | implementation of the provisions of Public Act 100-1172, | ||||||
10 | emergency rules implementing the Illinois Underground Natural | ||||||
11 | Gas Storage Safety Act may be adopted in accordance with this | ||||||
12 | subsection by the Department of Natural Resources. The | ||||||
13 | adoption of emergency rules authorized by this subsection is | ||||||
14 | deemed to be necessary for the public interest, safety, and | ||||||
15 | welfare. | ||||||
16 | (ff) In order to provide for the expeditious and timely | ||||||
17 | initial implementation of the changes made to Articles 5A and | ||||||
18 | 14 of the Illinois Public Aid Code under the provisions of | ||||||
19 | Public Act 100-1181, the Department of Healthcare and Family | ||||||
20 | Services may on a one-time-only basis adopt emergency rules in | ||||||
21 | accordance with this subsection (ff). The 24-month limitation | ||||||
22 | on the adoption of emergency rules does not apply to rules to | ||||||
23 | initially implement the changes made to Articles 5A and 14 of | ||||||
24 | the Illinois Public Aid Code adopted under this subsection | ||||||
25 | (ff). The adoption of emergency rules authorized by this | ||||||
26 | subsection (ff) is deemed to be necessary for the public |
| |||||||
| |||||||
1 | interest, safety, and welfare. | ||||||
2 | (gg) In order to provide for the expeditious and timely | ||||||
3 | implementation of the provisions of Public Act 101-1, | ||||||
4 | emergency rules may be adopted by the Department of Labor in | ||||||
5 | accordance with this subsection (gg) to implement the changes | ||||||
6 | made by Public Act 101-1 to the Minimum Wage Law. The adoption | ||||||
7 | of emergency rules authorized by this subsection (gg) is | ||||||
8 | deemed to be necessary for the public interest, safety, and | ||||||
9 | welfare. | ||||||
10 | (hh) In order to provide for the expeditious and timely | ||||||
11 | implementation of the provisions of Public Act 101-10, | ||||||
12 | emergency rules may be adopted in accordance with this | ||||||
13 | subsection (hh) to implement the changes made by Public Act | ||||||
14 | 101-10 to subsection (j) of Section 5-5.2 of the Illinois | ||||||
15 | Public Aid Code. The adoption of emergency rules authorized by | ||||||
16 | this subsection (hh) is deemed to be necessary for the public | ||||||
17 | interest, safety, and welfare. | ||||||
18 | (ii) In order to provide for the expeditious and timely | ||||||
19 | implementation of the provisions of Public Act 101-10, | ||||||
20 | emergency rules to implement the changes made by Public Act | ||||||
21 | 101-10 to Sections 5-5.4 and 5-5.4i of the Illinois Public Aid | ||||||
22 | Code may be adopted in accordance with this subsection (ii) by | ||||||
23 | the Department of Public Health. The adoption of emergency | ||||||
24 | rules authorized by this subsection (ii) is deemed to be | ||||||
25 | necessary for the public interest, safety, and welfare. | ||||||
26 | (jj) In order to provide for the expeditious and timely |
| |||||||
| |||||||
1 | implementation of the provisions of Public Act 101-10, | ||||||
2 | emergency rules to implement the changes made by Public Act | ||||||
3 | 101-10 to Section 74 of the Mental Health and Developmental | ||||||
4 | Disabilities Administrative Act may be adopted in accordance | ||||||
5 | with this subsection (jj) by the Department of Human Services. | ||||||
6 | The adoption of emergency rules authorized by this subsection | ||||||
7 | (jj) is deemed to be necessary for the public interest, | ||||||
8 | safety, and welfare. | ||||||
9 | (kk) In order to provide for the expeditious and timely | ||||||
10 | implementation of the Cannabis Regulation and Tax Act, Public | ||||||
11 | Act 101-27, and Public Act 102-98 this amendatory Act of the | ||||||
12 | 102nd General Assembly , the Department of Revenue, the | ||||||
13 | Department of Public Health, the Department of Agriculture, | ||||||
14 | the Department of State Police, and the Department of | ||||||
15 | Financial and Professional Regulation may adopt emergency | ||||||
16 | rules in accordance with this subsection (kk). The rulemaking | ||||||
17 | authority granted in this subsection (kk) shall apply only to | ||||||
18 | rules adopted before December 31, 2021. Notwithstanding the | ||||||
19 | provisions of subsection (c), emergency rules adopted under | ||||||
20 | this subsection (kk) shall be effective for 180 days. The | ||||||
21 | adoption of emergency rules authorized by this subsection (kk) | ||||||
22 | is deemed to be necessary for the public interest, safety, and | ||||||
23 | welfare. | ||||||
24 | (ll) In order to provide for the expeditious and timely | ||||||
25 | implementation of the provisions of the Leveling the Playing | ||||||
26 | Field for Illinois Retail Act, emergency rules may be adopted |
| |||||||
| |||||||
1 | in accordance with this subsection (ll) to implement the | ||||||
2 | changes made by the Leveling the Playing Field for Illinois | ||||||
3 | Retail Act. The adoption of emergency rules authorized by this | ||||||
4 | subsection (ll) is deemed to be necessary for the public | ||||||
5 | interest, safety, and welfare. | ||||||
6 | (mm) In order to provide for the expeditious and timely | ||||||
7 | implementation of the provisions of Section 25-70 of the | ||||||
8 | Sports Wagering Act, emergency rules to implement Section | ||||||
9 | 25-70 of the Sports Wagering Act may be adopted in accordance | ||||||
10 | with this subsection (mm) by the Department of the Lottery as | ||||||
11 | provided in the Sports Wagering Act. The adoption of emergency | ||||||
12 | rules authorized by this subsection (mm) is deemed to be | ||||||
13 | necessary for the public interest, safety, and welfare. | ||||||
14 | (nn) In order to provide for the expeditious and timely | ||||||
15 | implementation of the Sports Wagering Act, emergency rules to | ||||||
16 | implement the Sports Wagering Act may be adopted in accordance | ||||||
17 | with this subsection (nn) by the Illinois Gaming Board. The | ||||||
18 | adoption of emergency rules authorized by this subsection (nn) | ||||||
19 | is deemed to be necessary for the public interest, safety, and | ||||||
20 | welfare. | ||||||
21 | (oo) In order to provide for the expeditious and timely | ||||||
22 | implementation of the provisions of subsection (c) of Section | ||||||
23 | 20 of the Video Gaming Act, emergency rules to implement the | ||||||
24 | provisions of subsection (c) of Section 20 of the Video Gaming | ||||||
25 | Act may be adopted in accordance with this subsection (oo) by | ||||||
26 | the Illinois Gaming Board. The adoption of emergency rules |
| |||||||
| |||||||
1 | authorized by this subsection (oo) is deemed to be necessary | ||||||
2 | for the public interest, safety, and welfare. | ||||||
3 | (pp) In order to provide for the expeditious and timely
| ||||||
4 | implementation of the provisions of Section 50 of the Sexual
| ||||||
5 | Assault Evidence Submission Act, emergency rules to implement
| ||||||
6 | Section 50 of the Sexual Assault Evidence Submission Act may | ||||||
7 | be
adopted in accordance with this subsection (pp) by the
| ||||||
8 | Department of State Police. The adoption of emergency rules
| ||||||
9 | authorized by this subsection (pp) is deemed to be necessary
| ||||||
10 | for the public interest, safety, and welfare. | ||||||
11 | (qq) In order to provide for the expeditious and timely | ||||||
12 | implementation of the provisions of the Illinois Works Jobs | ||||||
13 | Program Act, emergency rules may be adopted in accordance with | ||||||
14 | this subsection (qq) to implement the Illinois Works Jobs | ||||||
15 | Program Act. The adoption of emergency rules authorized by | ||||||
16 | this subsection (qq) is deemed to be necessary for the public | ||||||
17 | interest, safety, and welfare. | ||||||
18 | (rr) In order to provide for the expeditious and timely | ||||||
19 | implementation of the provisions of subsection (c) of Section | ||||||
20 | 2-3.130 of the School Code, emergency rules to implement | ||||||
21 | subsection (c) of Section 2-3.130 of the School Code may be | ||||||
22 | adopted in accordance with this subsection (rr) by the State | ||||||
23 | Board of Education. The adoption of emergency rules authorized | ||||||
24 | by this subsection (rr) is deemed to be necessary for the | ||||||
25 | public interest, safety, and welfare. | ||||||
26 | (Source: P.A. 101-1, eff. 2-19-19; 101-10, Article 20, Section |
| |||||||
| |||||||
1 | 20-5, eff. 6-5-19; 101-10, Article 35, Section 35-5, eff. | ||||||
2 | 6-5-19; 101-27, eff. 6-25-19; 101-31, Article 15, Section | ||||||
3 | 15-5, eff. 6-28-19; 101-31, Article 25, Section 25-900, eff. | ||||||
4 | 6-28-19; 101-31, Article 35, Section 35-3, eff. 6-28-19; | ||||||
5 | 101-377, eff. 8-16-19; 101-601, eff. 12-10-19; 102-98, eff. | ||||||
6 | 7-15-21; 102-339, eff. 8-13-21; revised 10-6-21.) | ||||||
7 | (5 ILCS 100/5-45.8) | ||||||
8 | (Section scheduled to be repealed on June 17, 2022) | ||||||
9 | Sec. 5-45.8. Emergency rulemaking; federal American Rescue | ||||||
10 | Plan Act of 2021. To provide for the expeditious and timely | ||||||
11 | implementation of the distribution of federal Coronavirus | ||||||
12 | Local Fiscal Recovery Fund moneys to eligible units of local | ||||||
13 | government in accordance with the Section 9901 of the federal | ||||||
14 | American Rescue Plan Act of 2021, emergency rules may be | ||||||
15 | adopted by any State agency authorized thereunder to so | ||||||
16 | implement the distribution. The adoption of emergency rules | ||||||
17 | authorized by Section 5-45 and this Section is deemed to be | ||||||
18 | necessary for the public interest, safety, and welfare. | ||||||
19 | This Section is repealed June 17, 2022 ( one year after the | ||||||
20 | effective date of Public Act 102-16) this amendatory Act of | ||||||
21 | the 102nd General Assembly .
| ||||||
22 | (Source: P.A. 102-16, eff. 6-17-21; revised 10-22-21.) | ||||||
23 | (5 ILCS 100/5-45.9) | ||||||
24 | (Section scheduled to be repealed on June 17, 2022) |
| |||||||
| |||||||
1 | Sec. 5-45.9. Emergency rulemaking; Illinois Public Aid | ||||||
2 | Code. To provide for the expeditious and timely implementation | ||||||
3 | of the changes made to Articles 5 and 12 of the Illinois Public | ||||||
4 | Aid Code by Public Act 102-16 this amendatory Act of the 102nd | ||||||
5 | General Assembly , emergency rules implementing the changes | ||||||
6 | made to Articles 5 and 12 of the Illinois Public Aid Code by | ||||||
7 | Public Act 102-16 this amendatory Act of the 102nd General | ||||||
8 | Assembly may be adopted in accordance with Section 5-45 by the | ||||||
9 | Department of Healthcare and Family Services or other | ||||||
10 | department essential to the implementation of the changes. The | ||||||
11 | adoption of emergency rules authorized by Section 5-45 and | ||||||
12 | this Section is deemed to be necessary for the public | ||||||
13 | interest, safety, and welfare. | ||||||
14 | This Section is repealed June 17, 2022 ( one year after the | ||||||
15 | effective date of Public Act 102-16) this amendatory Act of | ||||||
16 | the 102nd General Assembly .
| ||||||
17 | (Source: P.A. 102-16, eff. 6-17-21; revised 10-25-21.)
| ||||||
18 | (5 ILCS 100/5-45.15)
| ||||||
19 | Sec. 5-45.15 5-45.8 . (Repealed). | ||||||
20 | (Source: P.A. 102-39, eff. 6-25-21; revised 1-5-22. Repealed | ||||||
21 | internally, eff. 1-1-22.)
| ||||||
22 | (5 ILCS 100/5-45.16)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2027) | ||||||
24 | Sec. 5-45.16 5-45.8 . Emergency rulemaking; Medicaid |
| |||||||
| |||||||
1 | eligibility expansion. To provide for the expeditious and | ||||||
2 | timely implementation of the changes made to paragraph 6 of | ||||||
3 | Section 5-2 of the Illinois Public Aid Code by Public Act | ||||||
4 | 102-43 this amendatory Act of the 102nd General Assembly , | ||||||
5 | emergency rules implementing the changes made to paragraph 6 | ||||||
6 | of Section 5-2 of the Illinois Public Aid Code by Public Act | ||||||
7 | 102-43 this amendatory Act of the 102nd General Assembly may | ||||||
8 | be adopted in accordance with Section 5-45 by the Department | ||||||
9 | of Healthcare and Family Services. The adoption of emergency | ||||||
10 | rules authorized by Section 5-45 and this Section is deemed to | ||||||
11 | be necessary for the public interest, safety, and welfare. | ||||||
12 | This Section is repealed on January 1, 2027.
| ||||||
13 | (Source: P.A. 102-43, eff. 7-6-21; revised 10-22-21.)
| ||||||
14 | (5 ILCS 100/5-45.17)
| ||||||
15 | Sec. 5-45.17 5-45.8 . (Repealed). | ||||||
16 | (Source: P.A. 102-104, eff. 7-22-21; revised 1-5-22. Repealed | ||||||
17 | internally, eff. 1-1-22.)
| ||||||
18 | (5 ILCS 100/5-45.18)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2027) | ||||||
20 | Sec. 5-45.18 5-45.8 . Emergency rulemaking; Nursing Home | ||||||
21 | Care Act. To provide for the expeditious and timely | ||||||
22 | implementation of Public Act 102-640 this amendatory Act of | ||||||
23 | the 102nd General Assembly , emergency rules implementing | ||||||
24 | Section 3-102.3 of the Nursing Home Care Act may be adopted in |
| |||||||
| |||||||
1 | accordance with Section 5-45 by the Department of Public | ||||||
2 | Health. The adoption of emergency rules authorized by Section | ||||||
3 | 5-45 and this Section is deemed to be necessary for the public | ||||||
4 | interest, safety, and welfare. | ||||||
5 | This Section is repealed on January 1, 2027.
| ||||||
6 | (Source: P.A. 102-640, eff. 8-27-21; revised 10-22-21.)
| ||||||
7 | (5 ILCS 100/5-45.19)
| ||||||
8 | (Section scheduled to be repealed on September 15, 2022) | ||||||
9 | Sec. 5-45.19 5-45.9 . Emergency rulemaking; Multi-Year | ||||||
10 | Integrated Grid Plans. To provide for the expeditious and | ||||||
11 | timely implementation of Section 16-105.17 of the Public | ||||||
12 | Utilities Act, emergency rules implementing Section 16-105.17 | ||||||
13 | of the Public Utilities Act may be adopted in accordance with | ||||||
14 | Section 5-45 by the Illinois Commerce Commission. The adoption | ||||||
15 | of emergency rules authorized by Section 5-45 and this Section | ||||||
16 | is deemed to be necessary for the public interest, safety, and | ||||||
17 | welfare. | ||||||
18 | This Section is repealed September 15, 2022 ( one year | ||||||
19 | after the effective date of Public Act 102-662) this | ||||||
20 | amendatory Act of the 102nd General Assembly .
| ||||||
21 | (Source: P.A. 102-662, eff. 9-15-21; revised 10-25-21.)
| ||||||
22 | Section 15. The Open Meetings Act is amended by changing | ||||||
23 | Section 2 as follows:
|
| |||||||
| |||||||
1 | (5 ILCS 120/2) (from Ch. 102, par. 42)
| ||||||
2 | Sec. 2. Open meetings.
| ||||||
3 | (a) Openness required. All meetings of public
bodies shall | ||||||
4 | be open to the public unless excepted in subsection (c)
and | ||||||
5 | closed in accordance with Section 2a.
| ||||||
6 | (b) Construction of exceptions. The exceptions contained | ||||||
7 | in subsection
(c) are in derogation of the requirement that | ||||||
8 | public bodies
meet in the open, and therefore, the exceptions | ||||||
9 | are to be strictly
construed, extending only to subjects | ||||||
10 | clearly within their scope.
The exceptions authorize but do | ||||||
11 | not require the holding of
a closed meeting to discuss a | ||||||
12 | subject included within an enumerated exception.
| ||||||
13 | (c) Exceptions. A public body may hold closed meetings to | ||||||
14 | consider the
following subjects:
| ||||||
15 | (1) The appointment, employment, compensation, | ||||||
16 | discipline, performance,
or dismissal of specific | ||||||
17 | employees, specific individuals who serve as independent | ||||||
18 | contractors in a park, recreational, or educational | ||||||
19 | setting, or specific volunteers of the public body or | ||||||
20 | legal counsel for
the public body, including hearing
| ||||||
21 | testimony on a complaint lodged against an employee, a | ||||||
22 | specific individual who serves as an independent | ||||||
23 | contractor in a park, recreational, or educational | ||||||
24 | setting, or a volunteer of the public body or
against | ||||||
25 | legal counsel for the public body to determine its | ||||||
26 | validity. However, a meeting to consider an increase in |
| |||||||
| |||||||
1 | compensation to a specific employee of a public body that | ||||||
2 | is subject to the Local Government Wage Increase | ||||||
3 | Transparency Act may not be closed and shall be open to the | ||||||
4 | public and posted and held in accordance with this Act.
| ||||||
5 | (2) Collective negotiating matters between the public | ||||||
6 | body and its
employees or their representatives, or | ||||||
7 | deliberations concerning salary
schedules for one or more | ||||||
8 | classes of employees.
| ||||||
9 | (3) The selection of a person to fill a public office,
| ||||||
10 | as defined in this Act, including a vacancy in a public | ||||||
11 | office, when the public
body is given power to appoint | ||||||
12 | under law or ordinance, or the discipline,
performance or | ||||||
13 | removal of the occupant of a public office, when the | ||||||
14 | public body
is given power to remove the occupant under | ||||||
15 | law or ordinance.
| ||||||
16 | (4) Evidence or testimony presented in open hearing, | ||||||
17 | or in closed
hearing where specifically authorized by law, | ||||||
18 | to
a quasi-adjudicative body, as defined in this Act, | ||||||
19 | provided that the body
prepares and makes available for | ||||||
20 | public inspection a written decision
setting forth its | ||||||
21 | determinative reasoning.
| ||||||
22 | (5) The purchase or lease of real property for the use | ||||||
23 | of
the public body, including meetings held for the | ||||||
24 | purpose of discussing
whether a particular parcel should | ||||||
25 | be acquired.
| ||||||
26 | (6) The setting of a price for sale or lease of |
| |||||||
| |||||||
1 | property owned
by the public body.
| ||||||
2 | (7) The sale or purchase of securities, investments, | ||||||
3 | or investment
contracts. This exception shall not apply to | ||||||
4 | the investment of assets or income of funds deposited into | ||||||
5 | the Illinois Prepaid Tuition Trust Fund.
| ||||||
6 | (8) Security procedures, school building safety and | ||||||
7 | security, and the use of personnel and
equipment to | ||||||
8 | respond to an actual, a threatened, or a reasonably
| ||||||
9 | potential danger to the safety of employees, students, | ||||||
10 | staff, the public, or
public
property.
| ||||||
11 | (9) Student disciplinary cases.
| ||||||
12 | (10) The placement of individual students in special | ||||||
13 | education
programs and other matters relating to | ||||||
14 | individual students.
| ||||||
15 | (11) Litigation, when an action against, affecting or | ||||||
16 | on behalf of the
particular public body has been filed and | ||||||
17 | is pending before a court or
administrative tribunal, or | ||||||
18 | when the public body finds that an action is
probable or | ||||||
19 | imminent, in which case the basis for the finding shall be
| ||||||
20 | recorded and entered into the minutes of the closed | ||||||
21 | meeting.
| ||||||
22 | (12) The establishment of reserves or settlement of | ||||||
23 | claims as provided
in the Local Governmental and | ||||||
24 | Governmental Employees Tort Immunity Act, if
otherwise the | ||||||
25 | disposition of a claim or potential claim might be
| ||||||
26 | prejudiced, or the review or discussion of claims, loss or |
| |||||||
| |||||||
1 | risk management
information, records, data, advice or | ||||||
2 | communications from or with respect
to any insurer of the | ||||||
3 | public body or any intergovernmental risk management
| ||||||
4 | association or self insurance pool of which the public | ||||||
5 | body is a member.
| ||||||
6 | (13) Conciliation of complaints of discrimination in | ||||||
7 | the sale or rental
of housing, when closed meetings are | ||||||
8 | authorized by the law or ordinance
prescribing fair | ||||||
9 | housing practices and creating a commission or
| ||||||
10 | administrative agency for their enforcement.
| ||||||
11 | (14) Informant sources, the hiring or assignment of | ||||||
12 | undercover personnel
or equipment, or ongoing, prior or | ||||||
13 | future criminal investigations, when
discussed by a public | ||||||
14 | body with criminal investigatory responsibilities.
| ||||||
15 | (15) Professional ethics or performance when | ||||||
16 | considered by an advisory
body appointed to advise a | ||||||
17 | licensing or regulatory agency on matters
germane to the | ||||||
18 | advisory body's field of competence.
| ||||||
19 | (16) Self evaluation, practices and procedures or | ||||||
20 | professional ethics,
when meeting with a representative of | ||||||
21 | a statewide association of which the
public body is a | ||||||
22 | member.
| ||||||
23 | (17) The recruitment, credentialing, discipline or | ||||||
24 | formal peer review
of physicians or other
health care | ||||||
25 | professionals, or for the discussion of matters protected | ||||||
26 | under the federal Patient Safety and Quality Improvement |
| |||||||
| |||||||
1 | Act of 2005, and the regulations promulgated thereunder, | ||||||
2 | including 42 C.F.R. Part 3 (73 FR 70732), or the federal | ||||||
3 | Health Insurance Portability and Accountability Act of | ||||||
4 | 1996, and the regulations promulgated thereunder, | ||||||
5 | including 45 C.F.R. Parts 160, 162, and 164, by a | ||||||
6 | hospital, or
other institution providing medical care, | ||||||
7 | that is operated by the public body.
| ||||||
8 | (18) Deliberations for decisions of the Prisoner | ||||||
9 | Review Board.
| ||||||
10 | (19) Review or discussion of applications received | ||||||
11 | under the
Experimental Organ Transplantation Procedures | ||||||
12 | Act.
| ||||||
13 | (20) The classification and discussion of matters | ||||||
14 | classified as
confidential or continued confidential by | ||||||
15 | the State Government Suggestion Award
Board.
| ||||||
16 | (21) Discussion of minutes of meetings lawfully closed | ||||||
17 | under this Act,
whether for purposes of approval by the | ||||||
18 | body of the minutes or semi-annual
review of the minutes | ||||||
19 | as mandated by Section 2.06.
| ||||||
20 | (22) Deliberations for decisions of the State
| ||||||
21 | Emergency Medical Services Disciplinary
Review Board.
| ||||||
22 | (23) The operation by a municipality of a municipal | ||||||
23 | utility or the
operation of a
municipal power agency or | ||||||
24 | municipal natural gas agency when the
discussion involves | ||||||
25 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
26 | of electricity or natural gas or (ii) the results
or |
| |||||||
| |||||||
1 | conclusions of load forecast studies.
| ||||||
2 | (24) Meetings of a residential health care facility | ||||||
3 | resident sexual
assault and death review
team or
the | ||||||
4 | Executive
Council under the Abuse Prevention Review
Team | ||||||
5 | Act.
| ||||||
6 | (25) Meetings of an independent team of experts under | ||||||
7 | Brian's Law. | ||||||
8 | (26) Meetings of a mortality review team appointed | ||||||
9 | under the Department of Juvenile Justice Mortality Review | ||||||
10 | Team Act. | ||||||
11 | (27) (Blank). | ||||||
12 | (28) Correspondence and records (i) that may not be | ||||||
13 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
14 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
15 | the Illinois Public Aid Code. | ||||||
16 | (29) Meetings between internal or external auditors | ||||||
17 | and governmental audit committees, finance committees, and | ||||||
18 | their equivalents, when the discussion involves internal | ||||||
19 | control weaknesses, identification of potential fraud risk | ||||||
20 | areas, known or suspected frauds, and fraud interviews | ||||||
21 | conducted in accordance with generally accepted auditing | ||||||
22 | standards of the United States of America. | ||||||
23 | (30) Those meetings or portions of meetings of a | ||||||
24 | fatality review team or the Illinois Fatality Review Team | ||||||
25 | Advisory Council during which a review of the death of an | ||||||
26 | eligible adult in which abuse or neglect is suspected, |
| |||||||
| |||||||
1 | alleged, or substantiated is conducted pursuant to Section | ||||||
2 | 15 of the Adult Protective Services Act. | ||||||
3 | (31) Meetings and deliberations for decisions of the | ||||||
4 | Concealed Carry Licensing Review Board under the Firearm | ||||||
5 | Concealed Carry Act. | ||||||
6 | (32) Meetings between the Regional Transportation | ||||||
7 | Authority Board and its Service Boards when the discussion | ||||||
8 | involves review by the Regional Transportation Authority | ||||||
9 | Board of employment contracts under Section 28d of the | ||||||
10 | Metropolitan Transit Authority Act and Sections 3A.18 and | ||||||
11 | 3B.26 of the Regional Transportation Authority Act. | ||||||
12 | (33) Those meetings or portions of meetings of the | ||||||
13 | advisory committee and peer review subcommittee created | ||||||
14 | under Section 320 of the Illinois Controlled Substances | ||||||
15 | Act during which specific controlled substance prescriber, | ||||||
16 | dispenser, or patient information is discussed. | ||||||
17 | (34) Meetings of the Tax Increment Financing Reform | ||||||
18 | Task Force under Section 2505-800 of the Department of | ||||||
19 | Revenue Law of the Civil Administrative Code of Illinois. | ||||||
20 | (35) Meetings of the group established to discuss | ||||||
21 | Medicaid capitation rates under Section 5-30.8 of the | ||||||
22 | Illinois Public Aid Code. | ||||||
23 | (36) Those deliberations or portions of deliberations | ||||||
24 | for decisions of the Illinois Gaming Board in which there | ||||||
25 | is discussed any of the following: (i) personal, | ||||||
26 | commercial, financial, or other information obtained from |
| |||||||
| |||||||
1 | any source that is privileged, proprietary, confidential, | ||||||
2 | or a trade secret; or (ii) information specifically | ||||||
3 | exempted from the disclosure by federal or State law. | ||||||
4 | (37) Deliberations for decisions of the Illinois Law
| ||||||
5 | Enforcement Training Standards Board, the Certification | ||||||
6 | Review Panel, and the Illinois State Police Merit Board | ||||||
7 | regarding certification and decertification. | ||||||
8 | (38) Meetings of the Ad Hoc Statewide Domestic
| ||||||
9 | Violence Fatality Review Committee of the Illinois | ||||||
10 | Criminal
Justice Information Authority Board that occur in | ||||||
11 | closed executive session under subsection (d) of Section | ||||||
12 | 35 of the Domestic Violence Fatality Review Act. | ||||||
13 | (39) Meetings of the regional review teams under | ||||||
14 | subsection (a) of Section 75 of the Domestic Violence | ||||||
15 | Fatality Review Act. | ||||||
16 | (40) (38) Meetings of the Firearm Owner's | ||||||
17 | Identification Card Review Board under Section 10 of the | ||||||
18 | Firearm Owners Identification Card Act. | ||||||
19 | (d) Definitions. For purposes of this Section:
| ||||||
20 | "Employee" means a person employed by a public body whose | ||||||
21 | relationship
with the public body constitutes an | ||||||
22 | employer-employee relationship under
the usual common law | ||||||
23 | rules, and who is not an independent contractor.
| ||||||
24 | "Public office" means a position created by or under the
| ||||||
25 | Constitution or laws of this State, the occupant of which is | ||||||
26 | charged with
the exercise of some portion of the sovereign |
| |||||||
| |||||||
1 | power of this State. The term
"public office" shall include | ||||||
2 | members of the public body, but it shall not
include | ||||||
3 | organizational positions filled by members thereof, whether
| ||||||
4 | established by law or by a public body itself, that exist to | ||||||
5 | assist the
body in the conduct of its business.
| ||||||
6 | "Quasi-adjudicative body" means an administrative body | ||||||
7 | charged by law or
ordinance with the responsibility to conduct | ||||||
8 | hearings, receive evidence or
testimony and make | ||||||
9 | determinations based
thereon, but does not include
local | ||||||
10 | electoral boards when such bodies are considering petition | ||||||
11 | challenges.
| ||||||
12 | (e) Final action. No final action may be taken at a closed | ||||||
13 | meeting.
Final action shall be preceded by a public recital of | ||||||
14 | the nature of the
matter being considered and other | ||||||
15 | information that will inform the
public of the business being | ||||||
16 | conducted.
| ||||||
17 | (Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19; | ||||||
18 | 101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff. | ||||||
19 | 8-20-21; 102-558, eff. 8-20-21; revised 10-6-21.) | ||||||
20 | Section 20. The Freedom of Information Act is amended by | ||||||
21 | changing Section 7.5 as follows:
| ||||||
22 | (5 ILCS 140/7.5)
| ||||||
23 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
24 | by the statutes referenced below, the following shall be |
| |||||||
| |||||||
1 | exempt from inspection and copying: | ||||||
2 | (a) All information determined to be confidential | ||||||
3 | under Section 4002 of the Technology Advancement and | ||||||
4 | Development Act. | ||||||
5 | (b) Library circulation and order records identifying | ||||||
6 | library users with specific materials under the Library | ||||||
7 | Records Confidentiality Act. | ||||||
8 | (c) Applications, related documents, and medical | ||||||
9 | records received by the Experimental Organ Transplantation | ||||||
10 | Procedures Board and any and all documents or other | ||||||
11 | records prepared by the Experimental Organ Transplantation | ||||||
12 | Procedures Board or its staff relating to applications it | ||||||
13 | has received. | ||||||
14 | (d) Information and records held by the Department of | ||||||
15 | Public Health and its authorized representatives relating | ||||||
16 | to known or suspected cases of sexually transmissible | ||||||
17 | disease or any information the disclosure of which is | ||||||
18 | restricted under the Illinois Sexually Transmissible | ||||||
19 | Disease Control Act. | ||||||
20 | (e) Information the disclosure of which is exempted | ||||||
21 | under Section 30 of the Radon Industry Licensing Act. | ||||||
22 | (f) Firm performance evaluations under Section 55 of | ||||||
23 | the Architectural, Engineering, and Land Surveying | ||||||
24 | Qualifications Based Selection Act. | ||||||
25 | (g) Information the disclosure of which is restricted | ||||||
26 | and exempted under Section 50 of the Illinois Prepaid |
| |||||||
| |||||||
1 | Tuition Act. | ||||||
2 | (h) Information the disclosure of which is exempted | ||||||
3 | under the State Officials and Employees Ethics Act, and | ||||||
4 | records of any lawfully created State or local inspector | ||||||
5 | general's office that would be exempt if created or | ||||||
6 | obtained by an Executive Inspector General's office under | ||||||
7 | that Act. | ||||||
8 | (i) Information contained in a local emergency energy | ||||||
9 | plan submitted to a municipality in accordance with a | ||||||
10 | local emergency energy plan ordinance that is adopted | ||||||
11 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
12 | (j) Information and data concerning the distribution | ||||||
13 | of surcharge moneys collected and remitted by carriers | ||||||
14 | under the Emergency Telephone System Act. | ||||||
15 | (k) Law enforcement officer identification information | ||||||
16 | or driver identification information compiled by a law | ||||||
17 | enforcement agency or the Department of Transportation | ||||||
18 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
19 | (l) Records and information provided to a residential | ||||||
20 | health care facility resident sexual assault and death | ||||||
21 | review team or the Executive Council under the Abuse | ||||||
22 | Prevention Review Team Act. | ||||||
23 | (m) Information provided to the predatory lending | ||||||
24 | database created pursuant to Article 3 of the Residential | ||||||
25 | Real Property Disclosure Act, except to the extent | ||||||
26 | authorized under that Article. |
| |||||||
| |||||||
1 | (n) Defense budgets and petitions for certification of | ||||||
2 | compensation and expenses for court appointed trial | ||||||
3 | counsel as provided under Sections 10 and 15 of the | ||||||
4 | Capital Crimes Litigation Act. This subsection (n) shall | ||||||
5 | apply until the conclusion of the trial of the case, even | ||||||
6 | if the prosecution chooses not to pursue the death penalty | ||||||
7 | prior to trial or sentencing. | ||||||
8 | (o) Information that is prohibited from being | ||||||
9 | disclosed under Section 4 of the Illinois Health and | ||||||
10 | Hazardous Substances Registry Act. | ||||||
11 | (p) Security portions of system safety program plans, | ||||||
12 | investigation reports, surveys, schedules, lists, data, or | ||||||
13 | information compiled, collected, or prepared by or for the | ||||||
14 | Department of Transportation under Sections 2705-300 and | ||||||
15 | 2705-616 of the Department of Transportation Law of the | ||||||
16 | Civil Administrative Code of Illinois, the Regional | ||||||
17 | Transportation Authority under Section 2.11 of the | ||||||
18 | Regional Transportation Authority Act, or the St. Clair | ||||||
19 | County Transit District under the Bi-State Transit Safety | ||||||
20 | Act. | ||||||
21 | (q) Information prohibited from being disclosed by the | ||||||
22 | Personnel Record Review Act. | ||||||
23 | (r) Information prohibited from being disclosed by the | ||||||
24 | Illinois School Student Records Act. | ||||||
25 | (s) Information the disclosure of which is restricted | ||||||
26 | under Section 5-108 of the Public Utilities Act.
|
| |||||||
| |||||||
1 | (t) All identified or deidentified health information | ||||||
2 | in the form of health data or medical records contained | ||||||
3 | in, stored in, submitted to, transferred by, or released | ||||||
4 | from the Illinois Health Information Exchange, and | ||||||
5 | identified or deidentified health information in the form | ||||||
6 | of health data and medical records of the Illinois Health | ||||||
7 | Information Exchange in the possession of the Illinois | ||||||
8 | Health Information Exchange Office due to its | ||||||
9 | administration of the Illinois Health Information | ||||||
10 | Exchange. The terms "identified" and "deidentified" shall | ||||||
11 | be given the same meaning as in the Health Insurance | ||||||
12 | Portability and Accountability Act of 1996, Public Law | ||||||
13 | 104-191, or any subsequent amendments thereto, and any | ||||||
14 | regulations promulgated thereunder. | ||||||
15 | (u) Records and information provided to an independent | ||||||
16 | team of experts under the Developmental Disability and | ||||||
17 | Mental Health Safety Act (also known as Brian's Law). | ||||||
18 | (v) Names and information of people who have applied | ||||||
19 | for or received Firearm Owner's Identification Cards under | ||||||
20 | the Firearm Owners Identification Card Act or applied for | ||||||
21 | or received a concealed carry license under the Firearm | ||||||
22 | Concealed Carry Act, unless otherwise authorized by the | ||||||
23 | Firearm Concealed Carry Act; and databases under the | ||||||
24 | Firearm Concealed Carry Act, records of the Concealed | ||||||
25 | Carry Licensing Review Board under the Firearm Concealed | ||||||
26 | Carry Act, and law enforcement agency objections under the |
| |||||||
| |||||||
1 | Firearm Concealed Carry Act. | ||||||
2 | (v-5) Records of the Firearm Owner's Identification | ||||||
3 | Card Review Board that are exempted from disclosure under | ||||||
4 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
5 | (w) Personally identifiable information which is | ||||||
6 | exempted from disclosure under subsection (g) of Section | ||||||
7 | 19.1 of the Toll Highway Act. | ||||||
8 | (x) Information which is exempted from disclosure | ||||||
9 | under Section 5-1014.3 of the Counties Code or Section | ||||||
10 | 8-11-21 of the Illinois Municipal Code. | ||||||
11 | (y) Confidential information under the Adult | ||||||
12 | Protective Services Act and its predecessor enabling | ||||||
13 | statute, the Elder Abuse and Neglect Act, including | ||||||
14 | information about the identity and administrative finding | ||||||
15 | against any caregiver of a verified and substantiated | ||||||
16 | decision of abuse, neglect, or financial exploitation of | ||||||
17 | an eligible adult maintained in the Registry established | ||||||
18 | under Section 7.5 of the Adult Protective Services Act. | ||||||
19 | (z) Records and information provided to a fatality | ||||||
20 | review team or the Illinois Fatality Review Team Advisory | ||||||
21 | Council under Section 15 of the Adult Protective Services | ||||||
22 | Act. | ||||||
23 | (aa) Information which is exempted from disclosure | ||||||
24 | under Section 2.37 of the Wildlife Code. | ||||||
25 | (bb) Information which is or was prohibited from | ||||||
26 | disclosure by the Juvenile Court Act of 1987. |
| |||||||
| |||||||
1 | (cc) Recordings made under the Law Enforcement | ||||||
2 | Officer-Worn Body Camera Act, except to the extent | ||||||
3 | authorized under that Act. | ||||||
4 | (dd) Information that is prohibited from being | ||||||
5 | disclosed under Section 45 of the Condominium and Common | ||||||
6 | Interest Community Ombudsperson Act. | ||||||
7 | (ee) Information that is exempted from disclosure | ||||||
8 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
9 | (ff) Information that is exempted from disclosure | ||||||
10 | under the Revised Uniform Unclaimed Property Act. | ||||||
11 | (gg) Information that is prohibited from being | ||||||
12 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
13 | Code. | ||||||
14 | (hh) Records that are exempt from disclosure under | ||||||
15 | Section 1A-16.7 of the Election Code. | ||||||
16 | (ii) Information which is exempted from disclosure | ||||||
17 | under Section 2505-800 of the Department of Revenue Law of | ||||||
18 | the Civil Administrative Code of Illinois. | ||||||
19 | (jj) Information and reports that are required to be | ||||||
20 | submitted to the Department of Labor by registering day | ||||||
21 | and temporary labor service agencies but are exempt from | ||||||
22 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
23 | and Temporary Labor Services Act. | ||||||
24 | (kk) Information prohibited from disclosure under the | ||||||
25 | Seizure and Forfeiture Reporting Act. | ||||||
26 | (ll) Information the disclosure of which is restricted |
| |||||||
| |||||||
1 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
2 | Aid Code. | ||||||
3 | (mm) Records that are exempt from disclosure under | ||||||
4 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
5 | (nn) Information that is exempt from disclosure under | ||||||
6 | Section 70 of the Higher Education Student Assistance Act. | ||||||
7 | (oo) Communications, notes, records, and reports | ||||||
8 | arising out of a peer support counseling session | ||||||
9 | prohibited from disclosure under the First Responders | ||||||
10 | Suicide Prevention Act. | ||||||
11 | (pp) Names and all identifying information relating to | ||||||
12 | an employee of an emergency services provider or law | ||||||
13 | enforcement agency under the First Responders Suicide | ||||||
14 | Prevention Act. | ||||||
15 | (qq) Information and records held by the Department of | ||||||
16 | Public Health and its authorized representatives collected | ||||||
17 | under the Reproductive Health Act. | ||||||
18 | (rr) Information that is exempt from disclosure under | ||||||
19 | the Cannabis Regulation and Tax Act. | ||||||
20 | (ss) Data reported by an employer to the Department of | ||||||
21 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
22 | Human Rights Act. | ||||||
23 | (tt) Recordings made under the Children's Advocacy | ||||||
24 | Center Act, except to the extent authorized under that | ||||||
25 | Act. | ||||||
26 | (uu) Information that is exempt from disclosure under |
| |||||||
| |||||||
1 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
2 | (vv) Information that is exempt from disclosure under | ||||||
3 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
4 | Public Aid Code. | ||||||
5 | (ww) Information that is exempt from disclosure under | ||||||
6 | Section 16.8 of the State Treasurer Act. | ||||||
7 | (xx) Information that is exempt from disclosure or | ||||||
8 | information that shall not be made public under the | ||||||
9 | Illinois Insurance Code. | ||||||
10 | (yy) Information prohibited from being disclosed under | ||||||
11 | the Illinois Educational Labor Relations Act. | ||||||
12 | (zz) Information prohibited from being disclosed under | ||||||
13 | the Illinois Public Labor Relations Act. | ||||||
14 | (aaa) Information prohibited from being disclosed | ||||||
15 | under Section 1-167 of the Illinois Pension Code. | ||||||
16 | (bbb) (ccc) Information that is prohibited from | ||||||
17 | disclosure by the Illinois Police Training Act and the | ||||||
18 | Illinois State Police Act. | ||||||
19 | (ccc) (ddd) Records exempt from disclosure under | ||||||
20 | Section
2605-304 of the Illinois Department of State | ||||||
21 | Police Law of the Civil
Administrative Code of Illinois. | ||||||
22 | (ddd) (bbb) Information prohibited from being | ||||||
23 | disclosed under Section 35 of the Address Confidentiality | ||||||
24 | for Victims of Domestic Violence, Sexual Assault, Human | ||||||
25 | Trafficking, or Stalking Act. | ||||||
26 | (eee) (ddd) Information prohibited from being |
| |||||||
| |||||||
1 | disclosed under subsection (b) of Section 75 of the | ||||||
2 | Domestic Violence Fatality Review Act. | ||||||
3 | (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; | ||||||
4 | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. | ||||||
5 | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, | ||||||
6 | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; | ||||||
7 | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. | ||||||
8 | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, | ||||||
9 | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; | ||||||
10 | 102-559, eff. 8-20-21; revised 10-5-21.) | ||||||
11 | Section 25. The Illinois Public Labor Relations Act is | ||||||
12 | amended by changing Sections 3, 9, and 10 as follows: | ||||||
13 | (5 ILCS 315/3) (from Ch. 48, par. 1603)
| ||||||
14 | Sec. 3. Definitions. As used in this Act, unless the | ||||||
15 | context
otherwise requires:
| ||||||
16 | (a) "Board" means the Illinois
Labor Relations Board or, | ||||||
17 | with respect to a matter over which the
jurisdiction of the | ||||||
18 | Board is assigned to the State Panel or the Local Panel
under | ||||||
19 | Section 5, the panel having jurisdiction over the matter.
| ||||||
20 | (b) "Collective bargaining" means bargaining over terms | ||||||
21 | and conditions
of employment, including hours, wages, and | ||||||
22 | other conditions of employment,
as detailed in Section 7 and | ||||||
23 | which are not excluded by Section 4.
| ||||||
24 | (c) "Confidential employee" means an employee who, in the |
| |||||||
| |||||||
1 | regular course
of his or her duties, assists and acts in a | ||||||
2 | confidential capacity to persons
who formulate, determine, and | ||||||
3 | effectuate management policies with regard
to labor relations | ||||||
4 | or who, in the regular course of his or her duties, has
| ||||||
5 | authorized access to information relating to the effectuation
| ||||||
6 | or review of the employer's collective bargaining policies.
| ||||||
7 | Determinations of confidential employee status shall be based | ||||||
8 | on actual employee job duties and not solely on written job | ||||||
9 | descriptions.
| ||||||
10 | (d) "Craft employees" means skilled journeymen, crafts | ||||||
11 | persons, and their
apprentices and helpers.
| ||||||
12 | (e) "Essential services employees" means those public | ||||||
13 | employees
performing functions so essential that the | ||||||
14 | interruption or termination of
the function will constitute a | ||||||
15 | clear and present danger to the health and
safety of the | ||||||
16 | persons in the affected community.
| ||||||
17 | (f) "Exclusive representative", except with respect to | ||||||
18 | non-State fire
fighters and paramedics employed by fire | ||||||
19 | departments and fire protection
districts, non-State peace | ||||||
20 | officers, and peace officers in the
Illinois State Police, | ||||||
21 | means the labor organization that has
been (i) designated by | ||||||
22 | the Board as the representative of a majority of public
| ||||||
23 | employees in an appropriate bargaining unit in accordance with | ||||||
24 | the procedures
contained in this Act ; , (ii) historically
| ||||||
25 | recognized by the State of Illinois or
any political | ||||||
26 | subdivision of the State before July 1, 1984
(the effective |
| |||||||
| |||||||
1 | date of this
Act) as the exclusive representative of the | ||||||
2 | employees in an appropriate
bargaining unit ; , (iii) after July | ||||||
3 | 1, 1984 (the
effective date of this Act) recognized by an
| ||||||
4 | employer upon evidence, acceptable to the Board, that the | ||||||
5 | labor
organization has been designated as the exclusive | ||||||
6 | representative by a
majority of the employees in an | ||||||
7 | appropriate bargaining unit;
(iv) recognized as the exclusive | ||||||
8 | representative of personal
assistants under Executive Order | ||||||
9 | 2003-8 prior to July 16, 2003 ( the effective date of Public Act | ||||||
10 | 93-204) this
amendatory
Act of the 93rd General Assembly , and | ||||||
11 | the organization shall be considered to
be the
exclusive | ||||||
12 | representative of the personal assistants
as defined
in this | ||||||
13 | Section; or (v) recognized as the exclusive representative of | ||||||
14 | child and day care home providers, including licensed and | ||||||
15 | license exempt providers, pursuant to an election held under | ||||||
16 | Executive Order 2005-1 prior to January 1, 2006 ( the effective | ||||||
17 | date of Public Act 94-320) this amendatory Act of the 94th | ||||||
18 | General Assembly , and the organization shall be considered to | ||||||
19 | be the exclusive representative of the child and day care home | ||||||
20 | providers as defined in this Section.
| ||||||
21 | With respect to non-State fire fighters and paramedics | ||||||
22 | employed by fire
departments and fire protection districts, | ||||||
23 | non-State peace officers, and
peace officers in the Illinois | ||||||
24 | State Police,
"exclusive representative" means the labor | ||||||
25 | organization that has
been (i) designated by the Board as the | ||||||
26 | representative of a majority of peace
officers or fire |
| |||||||
| |||||||
1 | fighters in an appropriate bargaining unit in accordance
with | ||||||
2 | the procedures contained in this Act, (ii)
historically | ||||||
3 | recognized
by the State of Illinois or any political | ||||||
4 | subdivision of the State before
January 1, 1986 (the effective | ||||||
5 | date of this amendatory Act of 1985) as the exclusive
| ||||||
6 | representative by a majority of the peace officers or fire | ||||||
7 | fighters in an
appropriate bargaining unit, or (iii) after | ||||||
8 | January 1,
1986 (the effective date of this amendatory
Act of | ||||||
9 | 1985) recognized by an employer upon evidence, acceptable to | ||||||
10 | the
Board, that the labor organization has been designated as | ||||||
11 | the exclusive
representative by a majority of the peace | ||||||
12 | officers or fire fighters in an
appropriate bargaining unit.
| ||||||
13 | Where a historical pattern of representation exists for | ||||||
14 | the workers of a water system that was owned by a public | ||||||
15 | utility, as defined in Section 3-105 of the Public Utilities | ||||||
16 | Act, prior to becoming certified employees of a municipality | ||||||
17 | or municipalities once the municipality or municipalities have | ||||||
18 | acquired the water system as authorized in Section 11-124-5 of | ||||||
19 | the Illinois Municipal Code, the Board shall find the labor | ||||||
20 | organization that has historically represented the workers to | ||||||
21 | be the exclusive representative under this Act, and shall find | ||||||
22 | the unit represented by the exclusive representative to be the | ||||||
23 | appropriate unit. | ||||||
24 | (g) "Fair share agreement" means an agreement between the | ||||||
25 | employer and
an employee organization under which all or any | ||||||
26 | of the employees in a
collective bargaining unit are required |
| |||||||
| |||||||
1 | to pay their proportionate share of
the costs of the | ||||||
2 | collective bargaining process, contract administration, and
| ||||||
3 | pursuing matters affecting wages, hours, and other conditions | ||||||
4 | of employment,
but not to exceed the amount of dues uniformly | ||||||
5 | required of members. The
amount certified by the exclusive | ||||||
6 | representative shall not include any fees
for contributions | ||||||
7 | related to the election or support of any candidate for
| ||||||
8 | political office. Nothing in this subsection (g) shall
| ||||||
9 | preclude an employee from making
voluntary political | ||||||
10 | contributions in conjunction with his or her fair share
| ||||||
11 | payment.
| ||||||
12 | (g-1) "Fire fighter" means, for the purposes of this Act | ||||||
13 | only, any
person who has been or is hereafter appointed to a | ||||||
14 | fire department or fire
protection district or employed by a | ||||||
15 | state university and sworn or
commissioned to perform fire | ||||||
16 | fighter duties or paramedic duties, including paramedics | ||||||
17 | employed by a unit of local government, except that the
| ||||||
18 | following persons are not included: part-time fire fighters,
| ||||||
19 | auxiliary, reserve or voluntary fire fighters, including paid | ||||||
20 | on-call fire
fighters, clerks and dispatchers or other | ||||||
21 | civilian employees of a fire
department or fire protection | ||||||
22 | district who are not routinely expected to
perform fire | ||||||
23 | fighter duties, or elected officials.
| ||||||
24 | (g-2) "General Assembly of the State of Illinois" means | ||||||
25 | the
legislative branch of the government of the State of | ||||||
26 | Illinois, as provided
for under Article IV of the Constitution |
| |||||||
| |||||||
1 | of the State of Illinois, and
includes , but is not limited to , | ||||||
2 | the House of Representatives, the Senate,
the Speaker of the | ||||||
3 | House of Representatives, the Minority Leader of the
House of | ||||||
4 | Representatives, the President of the Senate, the Minority | ||||||
5 | Leader
of the Senate, the Joint Committee on Legislative | ||||||
6 | Support Services , and any
legislative support services agency | ||||||
7 | listed in the Legislative Commission
Reorganization Act of | ||||||
8 | 1984.
| ||||||
9 | (h) "Governing body" means, in the case of the State, the | ||||||
10 | State Panel of
the Illinois Labor Relations Board, the | ||||||
11 | Director of the Department of Central
Management Services, and | ||||||
12 | the Director of the Department of Labor; the county
board in | ||||||
13 | the case of a county; the corporate authorities in the case of | ||||||
14 | a
municipality; and the appropriate body authorized to provide | ||||||
15 | for expenditures
of its funds in the case of any other unit of | ||||||
16 | government.
| ||||||
17 | (i) "Labor organization" means any organization in which | ||||||
18 | public employees
participate and that exists for the purpose, | ||||||
19 | in whole or in part, of dealing
with a public employer | ||||||
20 | concerning wages, hours, and other terms and conditions
of | ||||||
21 | employment, including the settlement of grievances.
| ||||||
22 | (i-5) "Legislative liaison" means a person who is an | ||||||
23 | employee of a State agency, the Attorney General, the | ||||||
24 | Secretary of State, the Comptroller, or the Treasurer, as the | ||||||
25 | case may be, and whose job duties require the person to | ||||||
26 | regularly communicate in the course of his or her employment |
| |||||||
| |||||||
1 | with any official or staff of the General Assembly of the State | ||||||
2 | of Illinois for the purpose of influencing any legislative | ||||||
3 | action. | ||||||
4 | (j) "Managerial employee" means an individual who is | ||||||
5 | engaged
predominantly in executive and management functions | ||||||
6 | and is charged with the
responsibility of directing the | ||||||
7 | effectuation of management policies
and practices. | ||||||
8 | Determination of managerial employee status shall be based on | ||||||
9 | actual employee job duties and not solely on written job | ||||||
10 | descriptions. With respect only to State employees in | ||||||
11 | positions under the jurisdiction of the Attorney General, | ||||||
12 | Secretary of State, Comptroller, or Treasurer (i) that were | ||||||
13 | certified in a bargaining unit on or after December 2, 2008, | ||||||
14 | (ii) for which a petition is filed with the Illinois Public | ||||||
15 | Labor Relations Board on or after April 5, 2013 (the effective | ||||||
16 | date of Public Act 97-1172), or (iii) for which a petition is | ||||||
17 | pending before the Illinois Public Labor Relations Board on | ||||||
18 | that date, "managerial employee" means an individual who is | ||||||
19 | engaged in executive and management functions or who is | ||||||
20 | charged with the effectuation of management policies and | ||||||
21 | practices or who represents management interests by taking or | ||||||
22 | recommending discretionary actions that effectively control or | ||||||
23 | implement policy. Nothing in this definition prohibits an | ||||||
24 | individual from also meeting the definition of "supervisor" | ||||||
25 | under subsection (r) of this Section.
| ||||||
26 | (k) "Peace officer" means, for the purposes of this Act |
| |||||||
| |||||||
1 | only, any
persons who have been or are hereafter appointed to a | ||||||
2 | police force,
department, or agency and sworn or commissioned | ||||||
3 | to perform police duties,
except that the following persons | ||||||
4 | are not
included: part-time police
officers, special police | ||||||
5 | officers, auxiliary police as defined by Section
3.1-30-20 of | ||||||
6 | the Illinois Municipal Code, night watchmen, "merchant | ||||||
7 | police",
court security officers as defined by Section | ||||||
8 | 3-6012.1 of the Counties
Code,
temporary employees, traffic | ||||||
9 | guards or wardens, civilian parking meter and
parking | ||||||
10 | facilities personnel or other individuals specially appointed | ||||||
11 | to
aid or direct traffic at or near schools or public functions | ||||||
12 | or to aid in
civil defense or disaster, parking enforcement | ||||||
13 | employees who are not
commissioned as peace officers and who | ||||||
14 | are not armed and who are not
routinely expected to effect | ||||||
15 | arrests, parking lot attendants, clerks and
dispatchers or | ||||||
16 | other civilian employees of a police department who are not
| ||||||
17 | routinely expected to effect arrests, or elected officials.
| ||||||
18 | (l) "Person" includes one or more individuals, labor | ||||||
19 | organizations, public
employees, associations, corporations, | ||||||
20 | legal representatives, trustees,
trustees in bankruptcy, | ||||||
21 | receivers, or the State of Illinois or any political
| ||||||
22 | subdivision of the State or governing body, but does not | ||||||
23 | include the General
Assembly of the State of Illinois or any | ||||||
24 | individual employed by the General
Assembly of the State of | ||||||
25 | Illinois.
| ||||||
26 | (m) "Professional employee" means any employee engaged in |
| |||||||
| |||||||
1 | work predominantly
intellectual and varied in character rather | ||||||
2 | than routine mental, manual,
mechanical or physical work; | ||||||
3 | involving the consistent exercise of discretion
and adjustment | ||||||
4 | in its performance; of such a character that the output | ||||||
5 | produced
or the result accomplished cannot be standardized in | ||||||
6 | relation to a given
period of time; and requiring advanced | ||||||
7 | knowledge in a field of science or
learning customarily | ||||||
8 | acquired by a prolonged course of specialized intellectual
| ||||||
9 | instruction and study in an institution of higher learning or | ||||||
10 | a hospital,
as distinguished from a general academic education | ||||||
11 | or from apprenticeship
or from training in the performance of | ||||||
12 | routine mental, manual, or physical
processes; or any employee | ||||||
13 | who has completed the courses of specialized
intellectual | ||||||
14 | instruction and study prescribed in this subsection (m) and is
| ||||||
15 | performing related
work under the supervision of a | ||||||
16 | professional person to qualify to become
a professional | ||||||
17 | employee as defined in this subsection (m).
| ||||||
18 | (n) "Public employee" or "employee", for the purposes of | ||||||
19 | this Act, means
any individual employed by a public employer, | ||||||
20 | including (i) interns and residents
at public hospitals, (ii) | ||||||
21 | as of July 16, 2003 ( the effective date of Public Act 93-204) | ||||||
22 | this amendatory Act of the 93rd General
Assembly , but not
| ||||||
23 | before, personal assistants working under the Home
Services
| ||||||
24 | Program under Section 3 of the Rehabilitation of Persons with | ||||||
25 | Disabilities Act, subject to
the
limitations set forth in this | ||||||
26 | Act and in the Rehabilitation of Persons with Disabilities
|
| |||||||
| |||||||
1 | Act,
(iii) as of January 1, 2006 ( the effective date of Public | ||||||
2 | Act 94-320) this amendatory Act of the 94th General Assembly , | ||||||
3 | but not before, child and day care home providers | ||||||
4 | participating in the child care assistance program under | ||||||
5 | Section 9A-11 of the Illinois Public Aid Code, subject to the | ||||||
6 | limitations set forth in this Act and in Section 9A-11 of the | ||||||
7 | Illinois Public Aid Code, (iv) as of January 29, 2013 (the | ||||||
8 | effective date of Public Act 97-1158), but not before except | ||||||
9 | as otherwise provided in this subsection (n), home care and | ||||||
10 | home health workers who function as personal assistants and | ||||||
11 | individual maintenance home health workers and who also work | ||||||
12 | under the Home Services Program under Section 3 of the | ||||||
13 | Rehabilitation of Persons with Disabilities Act, no matter | ||||||
14 | whether the State provides those services through direct | ||||||
15 | fee-for-service arrangements, with the assistance of a managed | ||||||
16 | care organization or other intermediary, or otherwise, (v) | ||||||
17 | beginning on July 19, 2013 ( the effective date of Public Act | ||||||
18 | 98-100) this amendatory Act of the 98th General Assembly and | ||||||
19 | notwithstanding any other provision of this Act, any person | ||||||
20 | employed by a public employer and who is classified as or who | ||||||
21 | holds the employment title of Chief Stationary Engineer, | ||||||
22 | Assistant Chief Stationary Engineer, Sewage Plant Operator, | ||||||
23 | Water Plant Operator, Stationary Engineer, Plant Operating | ||||||
24 | Engineer, and any other employee who holds the position of: | ||||||
25 | Civil Engineer V, Civil Engineer VI, Civil Engineer VII, | ||||||
26 | Technical Manager I, Technical Manager II, Technical Manager |
| |||||||
| |||||||
1 | III, Technical Manager IV, Technical Manager V, Technical | ||||||
2 | Manager VI, Realty Specialist III, Realty Specialist IV, | ||||||
3 | Realty Specialist V, Technical Advisor I, Technical Advisor | ||||||
4 | II, Technical Advisor III, Technical Advisor IV, or Technical | ||||||
5 | Advisor V employed by the Department of Transportation who is | ||||||
6 | in a position which is certified in a bargaining unit on or | ||||||
7 | before July 19, 2013 ( the effective date of Public Act 98-100) | ||||||
8 | this amendatory Act of the 98th General Assembly , and (vi) | ||||||
9 | beginning on July 19, 2013 ( the effective date of Public Act | ||||||
10 | 98-100) this amendatory Act of the 98th General Assembly and | ||||||
11 | notwithstanding any other provision of this Act, any mental | ||||||
12 | health administrator in the Department of Corrections who is | ||||||
13 | classified as or who holds the position of Public Service | ||||||
14 | Administrator (Option 8K), any employee of the Office of the | ||||||
15 | Inspector General in the Department of Human Services who is | ||||||
16 | classified as or who holds the position of Public Service | ||||||
17 | Administrator (Option 7), any Deputy of Intelligence in the | ||||||
18 | Department of Corrections who is classified as or who holds | ||||||
19 | the position of Public Service Administrator (Option 7), and | ||||||
20 | any employee of the Illinois State Police who handles issues | ||||||
21 | concerning the Illinois State Police Sex Offender Registry and | ||||||
22 | who is classified as or holds the position of Public Service | ||||||
23 | Administrator (Option 7), but excluding all of the following: | ||||||
24 | employees of the
General Assembly of the State of Illinois; | ||||||
25 | elected officials; executive
heads of a department; members of | ||||||
26 | boards or commissions; the Executive
Inspectors General; any |
| |||||||
| |||||||
1 | special Executive Inspectors General; employees of each
Office | ||||||
2 | of an Executive Inspector General;
commissioners and employees | ||||||
3 | of the Executive Ethics Commission; the Auditor
General's | ||||||
4 | Inspector General; employees of the Office of the Auditor | ||||||
5 | General's
Inspector General; the Legislative Inspector | ||||||
6 | General; any special Legislative
Inspectors General; employees | ||||||
7 | of the Office
of the Legislative Inspector General;
| ||||||
8 | commissioners and employees of the Legislative Ethics | ||||||
9 | Commission;
employees
of any
agency, board or commission | ||||||
10 | created by this Act; employees appointed to
State positions of | ||||||
11 | a temporary or emergency nature; all employees of school
| ||||||
12 | districts and higher education institutions except | ||||||
13 | firefighters and peace
officers employed
by a state university | ||||||
14 | and except peace officers employed by a school district in its | ||||||
15 | own police department in existence on July 23, 2010 ( the | ||||||
16 | effective date of Public Act 96-1257) this amendatory Act of | ||||||
17 | the 96th General Assembly ; managerial employees; short-term | ||||||
18 | employees; legislative liaisons; a person who is a State | ||||||
19 | employee under the jurisdiction of the Office of the Attorney | ||||||
20 | General who is licensed to practice law or whose position | ||||||
21 | authorizes, either directly or indirectly, meaningful input | ||||||
22 | into government decision-making on issues where there is room | ||||||
23 | for principled disagreement on goals or their implementation; | ||||||
24 | a person who is a State employee under the jurisdiction of the | ||||||
25 | Office of the Comptroller who holds the position of Public | ||||||
26 | Service Administrator or whose position is otherwise exempt |
| |||||||
| |||||||
1 | under the Comptroller Merit Employment Code; a person who is a | ||||||
2 | State employee under the jurisdiction of the Secretary of | ||||||
3 | State who holds the position classification of Executive I or | ||||||
4 | higher, whose position authorizes, either directly or | ||||||
5 | indirectly, meaningful input into government decision-making | ||||||
6 | on issues where there is room for principled disagreement on | ||||||
7 | goals or their implementation, or who is otherwise exempt | ||||||
8 | under the Secretary of State Merit Employment Code; employees | ||||||
9 | in the Office of the Secretary of State who are completely | ||||||
10 | exempt from jurisdiction B of the Secretary of State Merit | ||||||
11 | Employment Code and who are in Rutan-exempt positions on or | ||||||
12 | after April 5, 2013 (the effective date of Public Act | ||||||
13 | 97-1172); a person who is a State employee under the | ||||||
14 | jurisdiction of the Treasurer who holds a position that is | ||||||
15 | exempt from the State Treasurer Employment Code; any employee | ||||||
16 | of a State agency who (i) holds the title or position of, or | ||||||
17 | exercises substantially similar duties as a legislative | ||||||
18 | liaison, Agency General Counsel, Agency Chief of Staff, Agency | ||||||
19 | Executive Director, Agency Deputy Director, Agency Chief | ||||||
20 | Fiscal Officer, Agency Human Resources Director, Public | ||||||
21 | Information Officer, or Chief Information Officer and (ii) was | ||||||
22 | neither included in a bargaining unit nor subject to an active | ||||||
23 | petition for certification in a bargaining unit; any employee | ||||||
24 | of a State agency who (i) is in a position that is | ||||||
25 | Rutan-exempt, as designated by the employer, and completely | ||||||
26 | exempt from jurisdiction B of the Personnel Code and (ii) was |
| |||||||
| |||||||
1 | neither included in a bargaining unit nor subject to an active | ||||||
2 | petition for certification in a bargaining unit; any term | ||||||
3 | appointed employee of a State agency pursuant to Section 8b.18 | ||||||
4 | or 8b.19 of the Personnel Code who was neither included in a | ||||||
5 | bargaining unit nor subject to an active petition for | ||||||
6 | certification in a bargaining unit; any employment position | ||||||
7 | properly designated pursuant to Section 6.1 of this Act;
| ||||||
8 | confidential employees; independent contractors; and | ||||||
9 | supervisors except as
provided in this Act.
| ||||||
10 | Home care
and home health workers who function as personal | ||||||
11 | assistants and individual maintenance home health workers and | ||||||
12 | who also work under the Home Services Program under Section 3 | ||||||
13 | of the Rehabilitation of Persons with Disabilities Act shall | ||||||
14 | not be considered
public
employees for any purposes not | ||||||
15 | specifically provided for in Public Act 93-204 or Public Act | ||||||
16 | 97-1158, including , but not limited to, purposes of vicarious
| ||||||
17 | liability in tort
and purposes of statutory retirement or | ||||||
18 | health insurance benefits. Home care and home health workers | ||||||
19 | who function as personal assistants and individual maintenance | ||||||
20 | home health workers and who also work under the Home Services | ||||||
21 | Program under Section 3 of the Rehabilitation of Persons with | ||||||
22 | Disabilities Act shall not be covered by the State Employees
| ||||||
23 | Group
Insurance Act of 1971.
| ||||||
24 | Child and day care home providers shall not be considered | ||||||
25 | public employees for any purposes not specifically provided | ||||||
26 | for in Public Act 94-320 this amendatory Act of the 94th |
| |||||||
| |||||||
1 | General Assembly , including , but not limited to, purposes of | ||||||
2 | vicarious liability in tort and purposes of statutory | ||||||
3 | retirement or health insurance benefits. Child and day care | ||||||
4 | home providers shall not be covered by the State Employees | ||||||
5 | Group Insurance Act of 1971. | ||||||
6 | Notwithstanding Section 9, subsection (c), or any other | ||||||
7 | provisions of
this Act, all peace officers above the rank of | ||||||
8 | captain in
municipalities with more than 1,000,000 inhabitants | ||||||
9 | shall be excluded
from this Act.
| ||||||
10 | (o) Except as otherwise in subsection (o-5), "public | ||||||
11 | employer" or "employer" means the State of Illinois; any
| ||||||
12 | political subdivision of the State, unit of local government | ||||||
13 | or school
district; authorities including departments, | ||||||
14 | divisions, bureaus, boards,
commissions, or other agencies of | ||||||
15 | the foregoing entities; and any person
acting within the scope | ||||||
16 | of his or her authority, express or implied, on
behalf of those | ||||||
17 | entities in dealing with its employees.
As of July 16, 2003 | ||||||
18 | ( the effective date of Public Act 93-204) the amendatory Act | ||||||
19 | of the 93rd General Assembly ,
but not
before, the State of | ||||||
20 | Illinois shall be considered the employer of the personal | ||||||
21 | assistants working under the Home Services Program
under
| ||||||
22 | Section 3 of the Rehabilitation of Persons with Disabilities | ||||||
23 | Act, subject to the
limitations set forth
in this Act and in | ||||||
24 | the Rehabilitation of Persons with Disabilities Act. As of | ||||||
25 | January 29, 2013 (the effective date of Public Act 97-1158), | ||||||
26 | but not before except as otherwise provided in this subsection |
| |||||||
| |||||||
1 | (o), the State shall be considered the employer of home care | ||||||
2 | and home health workers who function as personal assistants | ||||||
3 | and individual maintenance home health workers and who also | ||||||
4 | work under the Home Services Program under Section 3 of the | ||||||
5 | Rehabilitation of Persons with Disabilities Act, no matter | ||||||
6 | whether the State provides those services through direct | ||||||
7 | fee-for-service arrangements, with the assistance of a managed | ||||||
8 | care organization or other intermediary, or otherwise, but | ||||||
9 | subject to the limitations set forth in this Act and the | ||||||
10 | Rehabilitation of Persons with Disabilities Act. The State | ||||||
11 | shall not
be
considered to be the employer of home care and | ||||||
12 | home health workers who function as personal
assistants and | ||||||
13 | individual maintenance home health workers and who also work | ||||||
14 | under the Home Services Program under Section 3 of the | ||||||
15 | Rehabilitation of Persons with Disabilities Act, for any
| ||||||
16 | purposes not specifically provided for in Public Act 93-204 or | ||||||
17 | Public Act 97-1158, including but not limited to, purposes of | ||||||
18 | vicarious liability in tort
and
purposes of statutory | ||||||
19 | retirement or health insurance benefits. Home care and home | ||||||
20 | health workers who function as
personal assistants and | ||||||
21 | individual maintenance home health workers and who also work | ||||||
22 | under the Home Services Program under Section 3 of the | ||||||
23 | Rehabilitation of Persons with Disabilities Act shall not be | ||||||
24 | covered by the State Employees Group
Insurance Act of 1971.
As | ||||||
25 | of January 1, 2006 ( the effective date of Public Act 94-320) | ||||||
26 | this amendatory Act of the 94th General Assembly but not |
| |||||||
| |||||||
1 | before, the State of Illinois shall be considered the employer | ||||||
2 | of the day and child care home providers participating in the | ||||||
3 | child care assistance program under Section 9A-11 of the | ||||||
4 | Illinois Public Aid Code, subject to the limitations set forth | ||||||
5 | in this Act and in Section 9A-11 of the Illinois Public Aid | ||||||
6 | Code. The State shall not be considered to be the employer of | ||||||
7 | child and day care home providers for any purposes not | ||||||
8 | specifically provided for in Public Act 94-320 this amendatory | ||||||
9 | Act of the 94th General Assembly , including , but not limited | ||||||
10 | to, purposes of vicarious liability in tort and purposes of | ||||||
11 | statutory retirement or health insurance benefits. Child and | ||||||
12 | day care home providers shall not be covered by the State | ||||||
13 | Employees Group Insurance Act of 1971. | ||||||
14 | "Public employer" or
"employer" as used in this Act, | ||||||
15 | however, does not
mean and shall not include the General | ||||||
16 | Assembly of the State of Illinois,
the Executive Ethics | ||||||
17 | Commission, the Offices of the Executive Inspectors
General, | ||||||
18 | the Legislative Ethics Commission, the Office of the | ||||||
19 | Legislative
Inspector General, the Office of the Auditor | ||||||
20 | General's Inspector General, the Office of the Governor, the | ||||||
21 | Governor's Office of Management and Budget, the Illinois | ||||||
22 | Finance Authority, the Office of the Lieutenant Governor, the | ||||||
23 | State Board of Elections, and educational employers or | ||||||
24 | employers as defined in the Illinois
Educational Labor | ||||||
25 | Relations Act, except with respect to a state university in
| ||||||
26 | its employment of firefighters and peace officers and except |
| |||||||
| |||||||
1 | with respect to a school district in the employment of peace | ||||||
2 | officers in its own police department in existence on July 23, | ||||||
3 | 2010 ( the effective date of Public Act 96-1257) this | ||||||
4 | amendatory Act of the 96th General Assembly . County boards and | ||||||
5 | county
sheriffs shall be
designated as joint or co-employers | ||||||
6 | of county peace officers appointed
under the authority of a | ||||||
7 | county sheriff. Nothing in this subsection
(o) shall be | ||||||
8 | construed
to prevent the State Panel or the Local Panel
from | ||||||
9 | determining that employers are joint or co-employers.
| ||||||
10 | (o-5) With respect to
wages, fringe
benefits, hours, | ||||||
11 | holidays, vacations, proficiency
examinations, sick leave, and | ||||||
12 | other conditions of
employment, the public employer of public | ||||||
13 | employees who are court reporters, as
defined in the Court | ||||||
14 | Reporters Act, shall be determined as
follows:
| ||||||
15 | (1) For court reporters employed by the Cook County | ||||||
16 | Judicial
Circuit, the chief judge of the Cook County | ||||||
17 | Circuit
Court is the public employer and employer | ||||||
18 | representative.
| ||||||
19 | (2) For court reporters employed by the 12th, 18th, | ||||||
20 | 19th, and, on and after December 4, 2006, the 22nd | ||||||
21 | judicial
circuits, a group consisting of the chief judges | ||||||
22 | of those circuits, acting
jointly by majority vote, is the | ||||||
23 | public employer and employer representative.
| ||||||
24 | (3) For court reporters employed by all other judicial | ||||||
25 | circuits,
a group consisting of the chief judges of those | ||||||
26 | circuits, acting jointly by
majority vote, is the public |
| |||||||
| |||||||
1 | employer and employer representative.
| ||||||
2 | (p) "Security employee" means an employee who is | ||||||
3 | responsible for the
supervision and control of inmates at | ||||||
4 | correctional facilities. The term
also includes other | ||||||
5 | non-security employees in bargaining units having the
majority | ||||||
6 | of employees being responsible for the supervision and control | ||||||
7 | of
inmates at correctional facilities.
| ||||||
8 | (q) "Short-term employee" means an employee who is | ||||||
9 | employed for less
than 2 consecutive calendar quarters during | ||||||
10 | a calendar year and who does
not have a reasonable assurance | ||||||
11 | that he or she will be rehired by the
same employer for the | ||||||
12 | same service in a subsequent calendar year.
| ||||||
13 | (q-5) "State agency" means an agency directly responsible | ||||||
14 | to the Governor, as defined in Section 3.1 of the Executive | ||||||
15 | Reorganization Implementation Act, and the Illinois Commerce | ||||||
16 | Commission, the Illinois Workers' Compensation Commission, the | ||||||
17 | Civil Service Commission, the Pollution Control Board, the | ||||||
18 | Illinois Racing Board, and the Illinois State Police Merit | ||||||
19 | Board. | ||||||
20 | (r) "Supervisor" is: | ||||||
21 | (1) An employee whose principal work is substantially
| ||||||
22 | different from that of his or her subordinates and who has | ||||||
23 | authority, in the
interest of the employer, to hire, | ||||||
24 | transfer, suspend, lay off, recall,
promote, discharge, | ||||||
25 | direct, reward, or discipline employees, to adjust
their | ||||||
26 | grievances, or to effectively recommend any of those |
| |||||||
| |||||||
1 | actions, if the
exercise
of that authority is not of a | ||||||
2 | merely routine or clerical nature, but
requires the | ||||||
3 | consistent use of independent judgment. Except with | ||||||
4 | respect to
police employment, the term "supervisor" | ||||||
5 | includes only those individuals
who devote a preponderance | ||||||
6 | of their employment time to exercising that
authority, | ||||||
7 | State supervisors notwithstanding. Determinations of | ||||||
8 | supervisor status shall be based on actual employee job | ||||||
9 | duties and not solely on written job descriptions. Nothing | ||||||
10 | in this definition prohibits an individual from also | ||||||
11 | meeting the definition of "managerial employee" under | ||||||
12 | subsection (j) of this Section. In addition, in | ||||||
13 | determining
supervisory status in police employment, rank | ||||||
14 | shall not be determinative.
The Board shall consider, as | ||||||
15 | evidence of bargaining unit inclusion or
exclusion, the | ||||||
16 | common law enforcement policies and relationships between
| ||||||
17 | police officer ranks and certification under applicable | ||||||
18 | civil service law,
ordinances, personnel codes, or | ||||||
19 | Division 2.1 of Article 10 of the Illinois
Municipal Code, | ||||||
20 | but these factors shall not
be the sole or predominant | ||||||
21 | factors considered by the Board in determining
police | ||||||
22 | supervisory status.
| ||||||
23 | Notwithstanding the provisions of the preceding | ||||||
24 | paragraph, in determining
supervisory status in fire | ||||||
25 | fighter employment, no fire fighter shall be
excluded as a | ||||||
26 | supervisor who has established representation rights under
|
| |||||||
| |||||||
1 | Section 9 of this Act. Further, in new fire fighter units, | ||||||
2 | employees shall
consist of fire fighters of the rank of | ||||||
3 | company officer and below. If a company officer otherwise | ||||||
4 | qualifies as a supervisor under the preceding paragraph, | ||||||
5 | however, he or she shall
not be included in the fire | ||||||
6 | fighter
unit. If there is no rank between that of chief and | ||||||
7 | the
highest company officer, the employer may designate a | ||||||
8 | position on each
shift as a Shift Commander, and the | ||||||
9 | persons occupying those positions shall
be supervisors. | ||||||
10 | All other ranks above that of company officer shall be
| ||||||
11 | supervisors.
| ||||||
12 | (2) With respect only to State employees in positions | ||||||
13 | under the jurisdiction of the Attorney General, Secretary | ||||||
14 | of State, Comptroller, or Treasurer (i) that were | ||||||
15 | certified in a bargaining unit on or after December 2, | ||||||
16 | 2008, (ii) for which a petition is filed with the Illinois | ||||||
17 | Public Labor Relations Board on or after April 5, 2013 | ||||||
18 | (the effective date of Public Act 97-1172), or (iii) for | ||||||
19 | which a petition is pending before the Illinois Public | ||||||
20 | Labor Relations Board on that date, an employee who | ||||||
21 | qualifies as a supervisor under (A) Section 152 of the | ||||||
22 | National Labor Relations Act and (B) orders of the | ||||||
23 | National Labor Relations Board interpreting that provision | ||||||
24 | or decisions of courts reviewing decisions of the National | ||||||
25 | Labor Relations Board. | ||||||
26 | (s)(1) "Unit" means a class of jobs or positions that are |
| |||||||
| |||||||
1 | held by
employees whose collective interests may suitably be | ||||||
2 | represented by a labor
organization for collective bargaining. | ||||||
3 | Except with respect to non-State fire
fighters and paramedics | ||||||
4 | employed by fire departments and fire protection
districts, | ||||||
5 | non-State peace officers, and peace officers in the Illinois | ||||||
6 | State Police, a bargaining unit determined by the Board shall | ||||||
7 | not include both
employees and supervisors, or supervisors | ||||||
8 | only, except as provided in paragraph
(2) of this subsection | ||||||
9 | (s) and except for bargaining units in existence on July
1, | ||||||
10 | 1984 (the effective date of this Act). With respect to | ||||||
11 | non-State fire
fighters and paramedics employed by fire | ||||||
12 | departments and fire protection
districts, non-State peace | ||||||
13 | officers, and peace officers in the Illinois State Police, a | ||||||
14 | bargaining unit determined by the Board shall not include both
| ||||||
15 | supervisors and nonsupervisors, or supervisors only, except as | ||||||
16 | provided in
paragraph (2) of this subsection (s) and except | ||||||
17 | for bargaining units in
existence on January 1, 1986 (the | ||||||
18 | effective date of this amendatory Act of
1985). A bargaining | ||||||
19 | unit determined by the Board to contain peace officers
shall | ||||||
20 | contain no employees other than peace officers unless | ||||||
21 | otherwise agreed to
by the employer and the labor organization | ||||||
22 | or labor organizations involved.
Notwithstanding any other | ||||||
23 | provision of this Act, a bargaining unit, including a
| ||||||
24 | historical bargaining unit, containing sworn peace officers of | ||||||
25 | the Department
of Natural Resources (formerly designated the | ||||||
26 | Department of Conservation) shall
contain no employees other |
| |||||||
| |||||||
1 | than such sworn peace officers upon the effective
date of this | ||||||
2 | amendatory Act of 1990 or upon the expiration date of any
| ||||||
3 | collective bargaining agreement in effect upon the effective | ||||||
4 | date of this
amendatory Act of 1990 covering both such sworn | ||||||
5 | peace officers and other
employees.
| ||||||
6 | (2) Notwithstanding the exclusion of supervisors from | ||||||
7 | bargaining units
as provided in paragraph (1) of this | ||||||
8 | subsection (s), a public
employer may agree to permit its | ||||||
9 | supervisory employees to form bargaining units
and may bargain | ||||||
10 | with those units. This Act shall apply if the public employer
| ||||||
11 | chooses to bargain under this subsection.
| ||||||
12 | (3) Public employees who are court reporters, as defined
| ||||||
13 | in the Court Reporters Act,
shall be divided into 3 units for | ||||||
14 | collective bargaining purposes. One unit
shall be court | ||||||
15 | reporters employed by the Cook County Judicial Circuit; one
| ||||||
16 | unit shall be court reporters employed by the 12th, 18th, | ||||||
17 | 19th, and, on and after December 4, 2006, the 22nd judicial
| ||||||
18 | circuits; and one unit shall be court reporters employed by | ||||||
19 | all other
judicial circuits.
| ||||||
20 | (t) "Active petition for certification in a bargaining | ||||||
21 | unit" means a petition for certification filed with the Board | ||||||
22 | under one of the following case numbers: S-RC-11-110; | ||||||
23 | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | ||||||
24 | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | ||||||
25 | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | ||||||
26 | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; |
| |||||||
| |||||||
1 | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | ||||||
2 | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | ||||||
3 | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | ||||||
4 | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | ||||||
5 | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; | ||||||
6 | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; | ||||||
7 | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | ||||||
8 | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; | ||||||
9 | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or | ||||||
10 | S-RC-07-100. | ||||||
11 | (Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21; | ||||||
12 | revised 10-13-21.)
| ||||||
13 | (5 ILCS 315/9) (from Ch. 48, par. 1609)
| ||||||
14 | Sec. 9. Elections; recognition.
| ||||||
15 | (a) Whenever in accordance with such
regulations as may be | ||||||
16 | prescribed by the Board a petition has been filed:
| ||||||
17 | (1) by a public employee or group of public employees | ||||||
18 | or any labor
organization acting in their behalf | ||||||
19 | demonstrating that 30% of the public
employees in an | ||||||
20 | appropriate unit (A) wish to be represented for the
| ||||||
21 | purposes of collective bargaining by a labor organization | ||||||
22 | as exclusive
representative, or (B) asserting that the | ||||||
23 | labor organization which has been
certified or is | ||||||
24 | currently recognized by the public employer as bargaining
| ||||||
25 | representative is no longer the representative of the |
| |||||||
| |||||||
1 | majority of public
employees in the unit; or
| ||||||
2 | (2) by a public employer alleging that one or more | ||||||
3 | labor organizations
have presented to it a claim that they | ||||||
4 | be recognized as the representative
of a majority of the | ||||||
5 | public employees in an appropriate unit, the Board
shall | ||||||
6 | investigate such petition, and if it has reasonable cause | ||||||
7 | to believe
that a question of representation exists, shall | ||||||
8 | provide for an appropriate
hearing upon due notice. Such | ||||||
9 | hearing shall be held at the offices of
the Board or such | ||||||
10 | other location as the Board deems appropriate.
If it finds | ||||||
11 | upon the record of the hearing that a question of
| ||||||
12 | representation exists, it shall direct an election in | ||||||
13 | accordance with
subsection (d) of this Section, which | ||||||
14 | election shall be held not later than
120 days after the | ||||||
15 | date the petition was filed regardless of whether that
| ||||||
16 | petition was filed before or after July 1, 1988 ( the | ||||||
17 | effective date of Public Act 85-924) this amendatory
Act | ||||||
18 | of 1987 ; provided, however, the Board may extend the time | ||||||
19 | for holding an
election by an additional 60 days if, upon | ||||||
20 | motion by a person who has filed
a petition under this | ||||||
21 | Section or is the subject of a petition filed under
this | ||||||
22 | Section and is a party to such hearing, or upon the Board's | ||||||
23 | own
motion, the Board finds that good cause has been shown | ||||||
24 | for extending the
election date; provided further, that | ||||||
25 | nothing in this Section shall prohibit
the Board, in its | ||||||
26 | discretion, from extending the time for holding an
|
| |||||||
| |||||||
1 | election for so long as may be necessary under the | ||||||
2 | circumstances, where the
purpose for such extension is to | ||||||
3 | permit resolution by the Board of an
unfair labor practice | ||||||
4 | charge filed by one of the parties to a
representational | ||||||
5 | proceeding against the other based upon conduct which may
| ||||||
6 | either affect the existence of a question concerning | ||||||
7 | representation or have
a tendency to interfere with a fair | ||||||
8 | and free election, where the party
filing the charge has | ||||||
9 | not filed a request to proceed with the election; and
| ||||||
10 | provided further that prior to the expiration of the total | ||||||
11 | time allotted
for holding an election, a person who has | ||||||
12 | filed a petition under this
Section or is the subject of a | ||||||
13 | petition filed under this Section and is a
party to such | ||||||
14 | hearing or the Board, may move for and obtain the entry
of | ||||||
15 | an order in the circuit court of the county in which the | ||||||
16 | majority of the
public employees sought to be represented | ||||||
17 | by such person reside, such order
extending the date upon | ||||||
18 | which the election shall be held. Such order shall
be | ||||||
19 | issued by the circuit court only upon a judicial finding | ||||||
20 | that there has
been a sufficient showing that there is | ||||||
21 | good cause to extend the election
date beyond such period | ||||||
22 | and shall require the Board to hold the
election as soon as | ||||||
23 | is feasible given the totality of the circumstances.
Such | ||||||
24 | 120-day 120 day period may be extended one or more times by | ||||||
25 | the agreement
of all parties to the hearing to a date | ||||||
26 | certain without the necessity of
obtaining a court order. |
| |||||||
| |||||||
1 | The showing of interest in support of a petition filed | ||||||
2 | under paragraph (1) of this subsection (a) may be | ||||||
3 | evidenced by electronic communications, and such writing | ||||||
4 | or communication may be evidenced by the electronic | ||||||
5 | signature of the employee as provided under Section 5-120 | ||||||
6 | of the Electronic Commerce Security Act. The showing of | ||||||
7 | interest shall be valid only if signed within 12 months | ||||||
8 | prior to the filing of the petition. Nothing in this | ||||||
9 | Section prohibits the waiving
of hearings by stipulation | ||||||
10 | for the purpose of a consent election in conformity
with | ||||||
11 | the rules and regulations of the Board or an election in a | ||||||
12 | unit agreed
upon by the parties. Other interested employee | ||||||
13 | organizations may intervene
in the proceedings in the | ||||||
14 | manner and within the time period specified by
rules and | ||||||
15 | regulations of the Board. Interested parties who are | ||||||
16 | necessary
to the proceedings may also intervene in the | ||||||
17 | proceedings in the manner and
within the time period | ||||||
18 | specified by the rules and regulations of the Board.
| ||||||
19 | (a-5) The Board shall designate an exclusive | ||||||
20 | representative for purposes
of
collective bargaining when the | ||||||
21 | representative demonstrates a showing of
majority interest by | ||||||
22 | employees in the unit. If the parties to a dispute are
without
| ||||||
23 | agreement on the means to ascertain the choice, if any, of | ||||||
24 | employee
organization
as their representative, the Board shall | ||||||
25 | ascertain the employees' choice of
employee organization, on | ||||||
26 | the basis of dues deduction authorization or other
evidence, |
| |||||||
| |||||||
1 | or, if necessary, by conducting an election. The showing of | ||||||
2 | interest in support of a petition filed under this subsection | ||||||
3 | (a-5) may be evidenced by electronic communications, and such | ||||||
4 | writing or communication may be evidenced by the electronic | ||||||
5 | signature of the employee as provided under Section 5-120 of | ||||||
6 | the Electronic Commerce Security Act. The showing of interest | ||||||
7 | shall be valid only if signed within 12 months prior to the | ||||||
8 | filing of the petition. All evidence submitted by an employee | ||||||
9 | organization to the Board to ascertain an employee's choice of | ||||||
10 | an employee organization is confidential and shall not be | ||||||
11 | submitted to the employer for review. The Board shall | ||||||
12 | ascertain the employee's choice of employee organization | ||||||
13 | within 120 days after the filing of the majority interest | ||||||
14 | petition; however, the Board may extend time by an additional | ||||||
15 | 60 days, upon its own motion or upon the motion of a party to | ||||||
16 | the proceeding. If either party provides
to the Board, before | ||||||
17 | the designation of a representative, clear and convincing
| ||||||
18 | evidence that the dues deduction authorizations, and other | ||||||
19 | evidence upon which
the Board would otherwise rely to | ||||||
20 | ascertain the employees' choice of
representative, are | ||||||
21 | fraudulent or were obtained through coercion, the Board
shall | ||||||
22 | promptly thereafter conduct an election. The Board shall also | ||||||
23 | investigate
and consider a party's allegations that the dues | ||||||
24 | deduction authorizations and
other evidence submitted in | ||||||
25 | support of a designation of representative without
an election | ||||||
26 | were subsequently changed, altered, withdrawn, or withheld as |
| |||||||
| |||||||
1 | a
result of employer fraud, coercion, or any other unfair | ||||||
2 | labor practice by the
employer. If the Board determines that a | ||||||
3 | labor organization would have had a
majority interest but for | ||||||
4 | an employer's fraud, coercion, or unfair labor
practice, it | ||||||
5 | shall designate the labor organization as an exclusive
| ||||||
6 | representative without conducting an
election. If a hearing is | ||||||
7 | necessary to resolve any issues of representation under this | ||||||
8 | Section, the Board shall conclude its hearing process and | ||||||
9 | issue a certification of the entire appropriate unit not later | ||||||
10 | than 120 days after the date the petition was filed. The | ||||||
11 | 120-day period may be extended one or more times by the | ||||||
12 | agreement of all parties to a hearing to a date certain.
| ||||||
13 | (a-6) A labor organization or an employer may file a unit | ||||||
14 | clarification petition seeking to clarify an existing | ||||||
15 | bargaining unit. Unit clarification petitions may be filed if: | ||||||
16 | (1) substantial changes occur in the duties and functions of | ||||||
17 | an existing job title, raising an issue as to the title's unit | ||||||
18 | placement; (2) an existing job title that is logically | ||||||
19 | encompassed within the existing unit was inadvertently | ||||||
20 | excluded by the parties at the time the unit was established; | ||||||
21 | (3) a newly created job title is logically encompassed within | ||||||
22 | an existing unit; (4) a significant change takes place in | ||||||
23 | statutory or case law that affects the bargaining rights of | ||||||
24 | employees; (5) a determination needs to be made as to the unit | ||||||
25 | placement of positions in dispute following a majority | ||||||
26 | interest certification of representative issued under |
| |||||||
| |||||||
1 | subsection (a-5); (6) a determination needs to be made as to | ||||||
2 | the unit placement of positions in dispute following a | ||||||
3 | certification of representative issued following a direction | ||||||
4 | of election under subsection (d); (7) the parties have agreed | ||||||
5 | to eliminate a position or title because the employer no | ||||||
6 | longer uses it; (8) the parties have agreed to exclude some of | ||||||
7 | the positions in a title or classification from a bargaining | ||||||
8 | unit and include others; or (9) as prescribed in rules set by | ||||||
9 | the Board. The Board shall conclude its investigation, | ||||||
10 | including any hearing process deemed necessary, and issue a | ||||||
11 | certification of clarified unit or dismiss the petition not | ||||||
12 | later than 120 days after the date the petition was filed. The | ||||||
13 | 120-day period may be extended one or more times by the | ||||||
14 | agreement of all parties to a hearing to a date certain. | ||||||
15 | (b) The Board shall decide in each case, in order to assure | ||||||
16 | public employees
the fullest freedom in exercising the rights | ||||||
17 | guaranteed by this Act, a unit
appropriate for the purpose of | ||||||
18 | collective bargaining, based upon but not
limited to such | ||||||
19 | factors as: historical pattern of recognition; community
of | ||||||
20 | interest including employee skills and functions; degree of | ||||||
21 | functional
integration; interchangeability and contact among | ||||||
22 | employees; fragmentation
of employee groups; common | ||||||
23 | supervision, wages, hours and other working
conditions of the | ||||||
24 | employees involved; and the desires of the employees.
For | ||||||
25 | purposes of this subsection, fragmentation shall not be the | ||||||
26 | sole or
predominant factor used by the Board in determining an |
| |||||||
| |||||||
1 | appropriate
bargaining unit. Except with respect to non-State | ||||||
2 | fire fighters and
paramedics employed by fire departments and | ||||||
3 | fire protection districts,
non-State peace officers and peace | ||||||
4 | officers in the Illinois State Police, a single bargaining | ||||||
5 | unit determined by the
Board may not include both supervisors | ||||||
6 | and nonsupervisors, except for
bargaining units in existence | ||||||
7 | on the effective date of this Act. With
respect to non-State | ||||||
8 | fire fighters and paramedics employed by fire
departments and | ||||||
9 | fire protection districts, non-State peace officers and
peace | ||||||
10 | officers in the Illinois State Police, a single bargaining
| ||||||
11 | unit determined by the Board may not include both supervisors | ||||||
12 | and
nonsupervisors, except for bargaining units in existence | ||||||
13 | on January 1, 1986 ( the effective
date of Public Act 84-1104) | ||||||
14 | this amendatory Act of 1985 .
| ||||||
15 | In cases involving an historical pattern of recognition, | ||||||
16 | and in cases where
the employer has recognized the union as the | ||||||
17 | sole and exclusive bargaining
agent for a specified existing | ||||||
18 | unit, the Board shall find the employees
in the unit then | ||||||
19 | represented by the union pursuant to the recognition to
be the | ||||||
20 | appropriate unit.
| ||||||
21 | Notwithstanding the above factors, where the majority of | ||||||
22 | public employees
of a craft so decide, the Board shall | ||||||
23 | designate such craft as a unit
appropriate for the purposes of | ||||||
24 | collective bargaining.
| ||||||
25 | The Board shall not decide that any unit is appropriate if | ||||||
26 | such unit
includes both professional and nonprofessional |
| |||||||
| |||||||
1 | employees, unless a majority
of each group votes for inclusion | ||||||
2 | in such unit.
| ||||||
3 | (c) Nothing in this Act shall interfere with or negate the | ||||||
4 | current
representation rights or patterns and practices of | ||||||
5 | labor organizations
which have historically represented public | ||||||
6 | employees for the purpose of
collective bargaining, including | ||||||
7 | but not limited to the negotiations of
wages, hours and | ||||||
8 | working conditions, discussions of employees' grievances,
| ||||||
9 | resolution of jurisdictional disputes, or the establishment | ||||||
10 | and maintenance
of prevailing wage rates, unless a majority of | ||||||
11 | employees so represented
express a contrary desire pursuant to | ||||||
12 | the procedures set forth in this Act.
| ||||||
13 | (d) In instances where the employer does not voluntarily | ||||||
14 | recognize a labor
organization as the exclusive bargaining | ||||||
15 | representative for a unit of
employees, the Board shall | ||||||
16 | determine the majority representative of the
public employees | ||||||
17 | in an appropriate collective bargaining unit by conducting
a | ||||||
18 | secret ballot election, except as otherwise provided in | ||||||
19 | subsection (a-5). Such a secret ballot election may be | ||||||
20 | conducted electronically, using an electronic voting system, | ||||||
21 | in addition to paper ballot voting systems.
Within 7 days | ||||||
22 | after the Board issues its
bargaining unit determination and | ||||||
23 | direction of election or the execution of
a stipulation for | ||||||
24 | the purpose of a consent election, the public employer
shall | ||||||
25 | submit to the labor organization the complete names and | ||||||
26 | addresses of
those employees who are determined by the Board |
| |||||||
| |||||||
1 | to be eligible to
participate in the election. When the Board | ||||||
2 | has determined that a labor
organization has been fairly and | ||||||
3 | freely chosen by a majority of employees
in an appropriate | ||||||
4 | unit, it shall certify such organization as the exclusive
| ||||||
5 | representative. If the Board determines that a majority of | ||||||
6 | employees in an
appropriate unit has fairly and freely chosen | ||||||
7 | not to be represented by a
labor organization, it shall so | ||||||
8 | certify. The Board may also revoke the
certification of the | ||||||
9 | public employee organizations as exclusive bargaining
| ||||||
10 | representatives which have been found by a secret ballot | ||||||
11 | election to be no
longer the majority representative.
| ||||||
12 | (e) The Board shall not conduct an election in any | ||||||
13 | bargaining unit or
any subdivision thereof within which a | ||||||
14 | valid election has been held in the
preceding 12-month period. | ||||||
15 | The Board shall determine who is eligible to
vote in an | ||||||
16 | election and shall establish rules governing the conduct of | ||||||
17 | the
election or conduct affecting the results of the election. | ||||||
18 | The Board shall
include on a ballot in a representation | ||||||
19 | election a choice of "no
representation". A labor organization | ||||||
20 | currently representing the bargaining
unit of employees shall | ||||||
21 | be placed on the ballot in any representation
election. In any | ||||||
22 | election where none of the choices on the ballot receives
a | ||||||
23 | majority, a runoff election shall be conducted between the 2 | ||||||
24 | choices
receiving the largest number of valid votes cast in | ||||||
25 | the election. A labor
organization which receives a majority | ||||||
26 | of the votes cast in an election
shall be certified by the |
| |||||||
| |||||||
1 | Board as exclusive representative of all public
employees in | ||||||
2 | the unit.
| ||||||
3 | (f) A labor
organization shall be designated as the | ||||||
4 | exclusive representative by a
public employer, provided that | ||||||
5 | the labor
organization represents a majority of the public | ||||||
6 | employees in an
appropriate unit. Any employee organization | ||||||
7 | which is designated or selected
by the majority of public | ||||||
8 | employees, in a unit of the public employer
having no other | ||||||
9 | recognized or certified representative, as their
| ||||||
10 | representative for purposes of collective bargaining may | ||||||
11 | request
recognition by the public employer in writing. The | ||||||
12 | public employer shall
post such request for a period of at | ||||||
13 | least 20 days following its receipt
thereof on bulletin boards | ||||||
14 | or other places used or reserved for employee
notices.
| ||||||
15 | (g) Within the 20-day period any other interested employee | ||||||
16 | organization
may petition the Board in the manner specified by | ||||||
17 | rules and regulations
of the Board, provided that such | ||||||
18 | interested employee organization has been
designated by at | ||||||
19 | least 10% of the employees in an appropriate bargaining
unit | ||||||
20 | which includes all or some of the employees in the unit | ||||||
21 | recognized
by the employer. In such event, the Board shall | ||||||
22 | proceed with the petition
in the same manner as provided by | ||||||
23 | paragraph (1) of subsection (a) of this
Section.
| ||||||
24 | (h) No election shall be directed by the Board in any | ||||||
25 | bargaining unit
where there is in force a valid collective | ||||||
26 | bargaining agreement. The Board,
however, may process an |
| |||||||
| |||||||
1 | election petition filed between 90 and 60 days prior
to the | ||||||
2 | expiration of the date of an agreement, and may further | ||||||
3 | refine, by
rule or decision, the implementation of this | ||||||
4 | provision.
Where more than 4 years have elapsed since the | ||||||
5 | effective date of the agreement,
the agreement shall continue | ||||||
6 | to bar an election, except that the Board may
process an | ||||||
7 | election petition filed between 90 and 60 days prior to the end | ||||||
8 | of
the fifth year of such an agreement, and between 90 and 60 | ||||||
9 | days prior to the
end of each successive year of such | ||||||
10 | agreement.
| ||||||
11 | (i) An order of the Board dismissing a representation | ||||||
12 | petition,
determining and certifying that a labor organization | ||||||
13 | has been fairly and
freely chosen by a majority of employees in | ||||||
14 | an appropriate bargaining unit,
determining and certifying | ||||||
15 | that a labor organization has not been fairly
and freely | ||||||
16 | chosen by a majority of employees in the bargaining unit or
| ||||||
17 | certifying a labor organization as the exclusive | ||||||
18 | representative of
employees in an appropriate bargaining unit | ||||||
19 | because of a determination by
the Board that the labor | ||||||
20 | organization is the historical bargaining
representative of | ||||||
21 | employees in the bargaining unit, is a final order. Any
person | ||||||
22 | aggrieved by any such order issued on or after July 1, 1988 | ||||||
23 | ( the effective date of Public Act 85-924)
this amendatory Act | ||||||
24 | of 1987 may apply for and obtain judicial review in
accordance | ||||||
25 | with provisions of the Administrative Review Law, as now or
| ||||||
26 | hereafter amended, except that such review shall be afforded |
| |||||||
| |||||||
1 | directly in
the Appellate Court for the district in which the | ||||||
2 | aggrieved party resides
or transacts business.
Any direct | ||||||
3 | appeal to the Appellate Court shall be filed within 35 days | ||||||
4 | from
the date that a copy of the decision sought to be reviewed | ||||||
5 | was served upon the
party affected by the decision.
| ||||||
6 | (Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21; | ||||||
7 | 102-596, eff. 8-27-21; revised 10-15-21.)
| ||||||
8 | (5 ILCS 315/10) (from Ch. 48, par. 1610)
| ||||||
9 | Sec. 10. Unfair labor practices.
| ||||||
10 | (a) It shall be an unfair labor practice
for an employer or | ||||||
11 | its agents:
| ||||||
12 | (1) to interfere with, restrain , or coerce public | ||||||
13 | employees in the
exercise of the rights guaranteed in this | ||||||
14 | Act or to dominate or interfere
with the formation, | ||||||
15 | existence or administration of any labor organization
or | ||||||
16 | contribute financial or other support to it; provided, an | ||||||
17 | employer shall
not be prohibited from permitting employees | ||||||
18 | to confer with him during
working hours without loss of | ||||||
19 | time or pay;
| ||||||
20 | (2) to discriminate in regard to hire or tenure of | ||||||
21 | employment or any term
or condition of employment in order | ||||||
22 | to encourage or discourage membership
in or other support | ||||||
23 | for any labor organization. Nothing in this Act or any
| ||||||
24 | other law precludes a public employer from making an | ||||||
25 | agreement with a labor
organization to require as a |
| |||||||
| |||||||
1 | condition of employment the payment of a fair
share under | ||||||
2 | paragraph (e) of Section 6;
| ||||||
3 | (3) to discharge or otherwise discriminate against a | ||||||
4 | public employee because
he has signed or filed an | ||||||
5 | affidavit, petition , or charge or provided any
information | ||||||
6 | or testimony under this Act;
| ||||||
7 | (4) to refuse to bargain collectively in good faith | ||||||
8 | with a labor
organization which is the exclusive | ||||||
9 | representative of public employees in
an appropriate unit, | ||||||
10 | including, but not limited to, the discussing of
| ||||||
11 | grievances with the exclusive representative;
| ||||||
12 | (5) to violate any of the rules and regulations | ||||||
13 | established by the Board
with jurisdiction over them | ||||||
14 | relating to the conduct of representation elections
or the | ||||||
15 | conduct affecting the representation elections;
| ||||||
16 | (6) to expend or cause the expenditure of public funds | ||||||
17 | to any external
agent, individual, firm, agency, | ||||||
18 | partnership , or association in any attempt
to influence | ||||||
19 | the outcome of representational elections held pursuant to
| ||||||
20 | Section 9 of this Act; provided , that nothing in this | ||||||
21 | subsection shall be
construed to limit an employer's right | ||||||
22 | to internally communicate with its
employees as provided | ||||||
23 | in subsection (c) of this Section, to be represented
on | ||||||
24 | any matter pertaining to unit determinations, unfair labor | ||||||
25 | practice
charges or pre-election conferences in any formal | ||||||
26 | or informal proceeding
before the Board, or to seek or |
| |||||||
| |||||||
1 | obtain advice from legal counsel.
Nothing in this | ||||||
2 | paragraph shall be construed to prohibit an employer from
| ||||||
3 | expending or causing the expenditure of public funds on, | ||||||
4 | or seeking or
obtaining services or advice from, any | ||||||
5 | organization, group, or association
established by and | ||||||
6 | including public or educational employers, whether
covered | ||||||
7 | by this Act, the Illinois Educational Labor Relations Act | ||||||
8 | or the
public employment labor relations law of any other | ||||||
9 | state or the federal
government, provided that such | ||||||
10 | services or advice are generally available
to the | ||||||
11 | membership of the organization, group or association, and | ||||||
12 | are not
offered solely in an attempt to influence the | ||||||
13 | outcome of a particular
representational election;
| ||||||
14 | (7) to refuse to reduce a collective bargaining | ||||||
15 | agreement to writing
or to refuse to sign such agreement;
| ||||||
16 | (8) to interfere with, restrain, coerce, deter, or | ||||||
17 | discourage public employees or applicants to be public | ||||||
18 | employees from: (i) becoming or remaining members of a | ||||||
19 | labor organization; (ii) authorizing representation by a | ||||||
20 | labor organization; or (iii) authorizing dues or fee | ||||||
21 | deductions to a labor organization, nor shall the employer | ||||||
22 | intentionally permit outside third parties to use its | ||||||
23 | email or other communication systems to engage in that | ||||||
24 | conduct. An employer's good faith implementation of a | ||||||
25 | policy to block the use of its email or other | ||||||
26 | communication systems for such purposes shall be a defense |
| |||||||
| |||||||
1 | to an unfair labor practice; | ||||||
2 | (9) to disclose to any person or entity information | ||||||
3 | set forth in subsection (c-5) of Section 6 of this Act that | ||||||
4 | the employer knows or should know will be used to | ||||||
5 | interfere with, restrain, coerce, deter, or discourage any | ||||||
6 | public employee from: (i) becoming or remaining members of | ||||||
7 | a labor organization, (ii) authorizing representation by a | ||||||
8 | labor organization, or (iii) authorizing dues or fee | ||||||
9 | deductions to a labor organization; or | ||||||
10 | (10) to promise, threaten, or take any action: (i) to | ||||||
11 | permanently replace an employee who participates in a | ||||||
12 | lawful strike as provided under Section 17; (ii) to | ||||||
13 | discriminate against an employee who is working or has | ||||||
14 | unconditionally offered to return to work for the employer | ||||||
15 | because the employee supported or participated in such a | ||||||
16 | lawful strike; or (iii) to lock out lockout , suspend, or | ||||||
17 | otherwise withhold employment from employees in order to | ||||||
18 | influence the position of such employees or the | ||||||
19 | representative of such employees in collective bargaining | ||||||
20 | prior to a lawful strike. | ||||||
21 | (b) It shall be an unfair labor practice for a labor | ||||||
22 | organization or its agents:
| ||||||
23 | (1) to restrain or coerce public employees in the | ||||||
24 | exercise of the rights
guaranteed in this Act, provided, | ||||||
25 | (i) that this paragraph shall
not impair the right of a | ||||||
26 | labor organization to prescribe its own rules
with respect |
| |||||||
| |||||||
1 | to the acquisition or retention of membership therein or | ||||||
2 | the
determination of fair share payments and (ii) that a | ||||||
3 | labor organization
or its agents shall commit an unfair | ||||||
4 | labor practice under this paragraph in
duty of fair | ||||||
5 | representation cases only by intentional misconduct in
| ||||||
6 | representing employees under this Act;
| ||||||
7 | (2) to restrain or coerce a public employer in the | ||||||
8 | selection of his
representatives for the purposes of | ||||||
9 | collective bargaining or the settlement
of grievances; or
| ||||||
10 | (3) to cause, or attempt to cause, an employer to | ||||||
11 | discriminate against
an employee in violation of | ||||||
12 | subsection (a)(2);
| ||||||
13 | (4) to refuse to bargain collectively in good faith | ||||||
14 | with a public employer,
if it has been designated in | ||||||
15 | accordance with the provisions of this Act
as the | ||||||
16 | exclusive representative of public employees in an | ||||||
17 | appropriate unit;
| ||||||
18 | (5) to violate any of the rules and regulations | ||||||
19 | established by the
boards with jurisdiction over them | ||||||
20 | relating to the conduct of
representation elections or the | ||||||
21 | conduct affecting the representation elections;
| ||||||
22 | (6) to discriminate against any employee because he | ||||||
23 | has signed or filed
an affidavit, petition , or charge or | ||||||
24 | provided any information or testimony
under this Act;
| ||||||
25 | (7) to picket or cause to be picketed, or threaten to | ||||||
26 | picket or cause
to be picketed, any public employer where |
| |||||||
| |||||||
1 | an object thereof is forcing or
requiring an employer to | ||||||
2 | recognize or bargain with a labor organization
of the | ||||||
3 | representative of its employees, or forcing or requiring | ||||||
4 | the employees
of an employer to accept or select such | ||||||
5 | labor organization as their collective
bargaining | ||||||
6 | representative, unless such labor organization is | ||||||
7 | currently
certified as the representative of such | ||||||
8 | employees:
| ||||||
9 | (A) where the employer has lawfully recognized in | ||||||
10 | accordance with this
Act any labor organization and a | ||||||
11 | question concerning representation may
not | ||||||
12 | appropriately be raised under Section 9 of this Act;
| ||||||
13 | (B) where within the preceding 12 months a valid | ||||||
14 | election under Section
9 of this Act has been | ||||||
15 | conducted; or
| ||||||
16 | (C) where such picketing has been conducted | ||||||
17 | without a petition under Section
9 being filed within | ||||||
18 | a reasonable period of time not to exceed 30 days from
| ||||||
19 | the commencement of such picketing; provided that when | ||||||
20 | such a petition has
been filed the Board shall | ||||||
21 | forthwith, without regard to the provisions of
| ||||||
22 | subsection (a) of Section 9 or the absence of a showing | ||||||
23 | of a substantial
interest on the part of the labor | ||||||
24 | organization, direct an election in such
unit as the | ||||||
25 | Board finds to be appropriate and shall certify the | ||||||
26 | results
thereof; provided further, that nothing in |
| |||||||
| |||||||
1 | this subparagraph shall be construed
to prohibit any | ||||||
2 | picketing or other publicity for the purpose of | ||||||
3 | truthfully
advising the public that an employer does | ||||||
4 | not employ members of, or have a
contract with, a labor | ||||||
5 | organization unless an effect of such picketing is
to | ||||||
6 | induce any individual employed by any other person in | ||||||
7 | the course of his
employment, not to pick up, deliver, | ||||||
8 | or transport any goods or not to
perform any services; | ||||||
9 | or
| ||||||
10 | (8) to refuse to reduce a collective bargaining | ||||||
11 | agreement to writing
or to refuse to sign such agreement.
| ||||||
12 | (c) The expressing of any views, argument, or opinion or | ||||||
13 | the
dissemination thereof, whether in written, printed, | ||||||
14 | graphic, or visual
form, shall not constitute or be evidence | ||||||
15 | of an unfair labor practice under
any of the provisions of this | ||||||
16 | Act, if such expression contains no threat of
reprisal or | ||||||
17 | force or promise of benefit.
| ||||||
18 | (d) The employer shall not discourage public employees or | ||||||
19 | applicants to be public employees from becoming or remaining | ||||||
20 | union members or authorizing dues deductions, and shall not | ||||||
21 | otherwise interfere with the relationship between employees | ||||||
22 | and their exclusive bargaining representative. The employer | ||||||
23 | shall refer all inquiries about union membership to the | ||||||
24 | exclusive bargaining representative, except that the employer | ||||||
25 | may communicate with employees regarding payroll processes and | ||||||
26 | procedures. The employer will establish email policies in an |
| |||||||
| |||||||
1 | effort to prohibit the use of its email system by outside | ||||||
2 | sources. | ||||||
3 | (Source: P.A. 101-620, eff. 12-20-19; 102-596, eff. 8-27-21; | ||||||
4 | revised 12-2-21.)
| ||||||
5 | Section 30. The State Employee Indemnification Act is | ||||||
6 | amended by changing Section 1 as follows: | ||||||
7 | (5 ILCS 350/1) (from Ch. 127, par. 1301)
| ||||||
8 | Sec. 1. Definitions. For the purpose of this Act:
| ||||||
9 | (a) The term "State" means the State of Illinois, the | ||||||
10 | General
Assembly, the court, or any State office, department, | ||||||
11 | division, bureau,
board, commission, or committee, the | ||||||
12 | governing boards of the public
institutions of higher | ||||||
13 | education created by the State, the Illinois
National Guard, | ||||||
14 | the Illinois State Guard, the Comprehensive Health Insurance | ||||||
15 | Board, any poison control
center designated under the Poison | ||||||
16 | Control System Act that receives State
funding, or any other | ||||||
17 | agency or instrumentality of the State. It
does not mean any | ||||||
18 | local public entity as that term is defined in Section
1-206 of | ||||||
19 | the Local Governmental and Governmental Employees Tort | ||||||
20 | Immunity
Act or a pension fund.
| ||||||
21 | (b) The term "employee" means: any present or former | ||||||
22 | elected or
appointed officer, trustee or employee of the | ||||||
23 | State, or of a pension
fund;
any present or former | ||||||
24 | commissioner or employee of the Executive Ethics
Commission or |
| |||||||
| |||||||
1 | of the Legislative Ethics Commission; any present or former
| ||||||
2 | Executive, Legislative, or Auditor General's Inspector | ||||||
3 | General; any present or
former employee of an Office of an | ||||||
4 | Executive, Legislative, or Auditor General's
Inspector | ||||||
5 | General; any present or former member of the Illinois National
| ||||||
6 | Guard
while on active duty; any present or former member of the | ||||||
7 | Illinois State
Guard
while on State active duty; individuals | ||||||
8 | or organizations who contract with the
Department of | ||||||
9 | Corrections, the Department of Juvenile Justice, the | ||||||
10 | Comprehensive Health Insurance Board, or the
Department of | ||||||
11 | Veterans' Affairs to provide services; individuals or
| ||||||
12 | organizations who contract with the Department of Human | ||||||
13 | Services (as
successor to the Department of Mental Health and | ||||||
14 | Developmental
Disabilities) to provide services including but | ||||||
15 | not limited to treatment and
other services for sexually | ||||||
16 | violent persons; individuals or organizations who
contract | ||||||
17 | with the Department of
Military
Affairs for youth programs; | ||||||
18 | individuals or
organizations who contract to perform carnival | ||||||
19 | and amusement ride safety
inspections for the Department of | ||||||
20 | Labor; individuals who contract with the Office of the State's | ||||||
21 | Attorneys Appellate Prosecutor to provide legal services, but | ||||||
22 | only when performing duties within the scope of the Office's | ||||||
23 | prosecutorial activities; individual representatives of or
| ||||||
24 | designated organizations authorized to represent the Office of | ||||||
25 | State Long-Term
Ombudsman for the Department on Aging; | ||||||
26 | individual representatives of or
organizations designated by |
| |||||||
| |||||||
1 | the Department on Aging in the performance of their
duties as | ||||||
2 | adult protective services agencies or regional administrative | ||||||
3 | agencies
under the Adult Protective Services Act; individuals | ||||||
4 | or organizations appointed as members of a review team or the | ||||||
5 | Advisory Council under the Adult Protective Services Act; | ||||||
6 | individuals or organizations who perform
volunteer services | ||||||
7 | for the State where such volunteer relationship is reduced
to | ||||||
8 | writing; individuals who serve on any public entity (whether | ||||||
9 | created by law
or administrative action) described in | ||||||
10 | paragraph (a) of this Section; individuals or not for profit | ||||||
11 | organizations who, either as volunteers, where
such volunteer | ||||||
12 | relationship is reduced to writing, or pursuant to contract,
| ||||||
13 | furnish professional advice or consultation to any agency or | ||||||
14 | instrumentality of
the State; individuals who serve as foster | ||||||
15 | parents for the Department of
Children and Family Services | ||||||
16 | when caring for youth in care as defined in Section 4d of the | ||||||
17 | Children and Family Services Act; individuals who serve as | ||||||
18 | members of an independent team of experts under the | ||||||
19 | Developmental Disability and Mental Health Safety Act (also | ||||||
20 | known as Brian's Law); and individuals
who serve as | ||||||
21 | arbitrators pursuant to Part 10A of
Article II of the Code of | ||||||
22 | Civil Procedure and the rules of the Supreme Court
| ||||||
23 | implementing Part 10A, each as now or hereafter amended; the | ||||||
24 | members of the Certification Review Panel under the Illinois | ||||||
25 | Police Training Act; the term "employee" does not mean an
| ||||||
26 | independent contractor except as provided in this Section. The |
| |||||||
| |||||||
1 | term includes an
individual appointed as an inspector by the | ||||||
2 | Director of the Illinois State Police when
performing duties | ||||||
3 | within the scope of the activities of a Metropolitan
| ||||||
4 | Enforcement Group or a law enforcement organization | ||||||
5 | established under the
Intergovernmental Cooperation Act. An | ||||||
6 | individual who renders professional
advice and consultation to | ||||||
7 | the State through an organization which qualifies as
an | ||||||
8 | "employee" under the Act is also an employee. The term | ||||||
9 | includes the estate
or personal representative of an employee.
| ||||||
10 | (c) The term "pension fund" means a retirement system or | ||||||
11 | pension
fund created under the Illinois Pension Code.
| ||||||
12 | (Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 1-1-22; | ||||||
13 | 102-538, eff. 8-20-21; revised 10-6-21.)
| ||||||
14 | Section 35. The State Employees Group Insurance Act of | ||||||
15 | 1971 is amended by changing Sections 3 and 6.11 as follows:
| ||||||
16 | (5 ILCS 375/3) (from Ch. 127, par. 523)
| ||||||
17 | Sec. 3. Definitions. Unless the context otherwise | ||||||
18 | requires, the
following words and phrases as used in this Act | ||||||
19 | shall have the following
meanings. The Department may define | ||||||
20 | these and other words and phrases
separately for the purpose | ||||||
21 | of implementing specific programs providing benefits
under | ||||||
22 | this Act.
| ||||||
23 | (a) "Administrative service organization" means any | ||||||
24 | person, firm or
corporation experienced in the handling of |
| |||||||
| |||||||
1 | claims which is
fully qualified, financially sound and capable | ||||||
2 | of meeting the service
requirements of a contract of | ||||||
3 | administration executed with the Department.
| ||||||
4 | (b) "Annuitant" means (1) an employee who retires, or has | ||||||
5 | retired,
on or after January 1, 1966 on an immediate annuity | ||||||
6 | under the provisions
of Articles 2, 14 (including an employee | ||||||
7 | who has elected to receive an alternative retirement | ||||||
8 | cancellation payment under Section 14-108.5 of the Illinois | ||||||
9 | Pension Code in lieu of an annuity or who meets the criteria | ||||||
10 | for retirement, but in lieu of receiving an annuity under that | ||||||
11 | Article has elected to receive an accelerated pension benefit | ||||||
12 | payment under Section 14-147.5 of that Article), 15 (including | ||||||
13 | an employee who has retired under the optional
retirement | ||||||
14 | program established under Section 15-158.2 or who meets the | ||||||
15 | criteria for retirement but in lieu of receiving an annuity | ||||||
16 | under that Article has elected to receive an accelerated | ||||||
17 | pension benefit payment under Section 15-185.5 of the | ||||||
18 | Article), paragraph
paragraphs (2), (3), or (5) of Section | ||||||
19 | 16-106 (including an employee who meets the criteria for | ||||||
20 | retirement, but in lieu of receiving an annuity under that | ||||||
21 | Article has elected to receive an accelerated pension benefit | ||||||
22 | payment under Section 16-190.5 of the Illinois Pension Code), | ||||||
23 | or
Article 18 of the Illinois Pension Code; (2) any person who | ||||||
24 | was receiving
group insurance coverage under this Act as of | ||||||
25 | March 31, 1978 by
reason of his status as an annuitant, even | ||||||
26 | though the annuity in relation
to which such coverage was |
| |||||||
| |||||||
1 | provided is a proportional annuity based on less
than the | ||||||
2 | minimum period of service required for a retirement annuity in
| ||||||
3 | the system involved; (3) any person not otherwise covered by | ||||||
4 | this Act
who has retired as a participating member under | ||||||
5 | Article 2 of the Illinois
Pension Code but is ineligible for | ||||||
6 | the retirement annuity under Section
2-119 of the Illinois | ||||||
7 | Pension Code; (4) the spouse of any person who
is receiving a | ||||||
8 | retirement annuity under Article 18 of the Illinois Pension
| ||||||
9 | Code and who is covered under a group health insurance program | ||||||
10 | sponsored
by a governmental employer other than the State of | ||||||
11 | Illinois and who has
irrevocably elected to waive his or her | ||||||
12 | coverage under this Act and to have
his or her spouse | ||||||
13 | considered as the "annuitant" under this Act and not as
a | ||||||
14 | "dependent"; or (5) an employee who retires, or has retired, | ||||||
15 | from a
qualified position, as determined according to rules | ||||||
16 | promulgated by the
Director, under a qualified local | ||||||
17 | government, a qualified rehabilitation
facility, a qualified | ||||||
18 | domestic violence shelter or service, or a qualified child | ||||||
19 | advocacy center. (For definition
of "retired employee", see | ||||||
20 | (p) post).
| ||||||
21 | (b-5) (Blank).
| ||||||
22 | (b-6) (Blank).
| ||||||
23 | (b-7) (Blank).
| ||||||
24 | (c) "Carrier" means (1) an insurance company, a | ||||||
25 | corporation organized
under the Limited Health Service | ||||||
26 | Organization Act or the Voluntary Health
Services Plans Act, a |
| |||||||
| |||||||
1 | partnership, or other nongovernmental organization,
which is | ||||||
2 | authorized to do group life or group health insurance business | ||||||
3 | in
Illinois, or (2) the State of Illinois as a self-insurer.
| ||||||
4 | (d) "Compensation" means salary or wages payable on a | ||||||
5 | regular
payroll by the State Treasurer on a warrant of the | ||||||
6 | State Comptroller out
of any State, trust or federal fund, or | ||||||
7 | by the Governor of the State
through a disbursing officer of | ||||||
8 | the State out of a trust or out of
federal funds, or by any | ||||||
9 | Department out of State, trust, federal or
other funds held by | ||||||
10 | the State Treasurer or the Department, to any person
for | ||||||
11 | personal services currently performed, and ordinary or | ||||||
12 | accidental
disability benefits under Articles 2, 14, 15 | ||||||
13 | (including ordinary or accidental
disability benefits under | ||||||
14 | the optional retirement program established under
Section | ||||||
15 | 15-158.2), paragraph paragraphs (2), (3), or (5) of
Section | ||||||
16 | 16-106, or Article 18 of the Illinois Pension Code, for | ||||||
17 | disability
incurred after January 1, 1966, or benefits payable | ||||||
18 | under the Workers'
Compensation or Occupational Diseases Act | ||||||
19 | or benefits payable under a sick
pay plan established in | ||||||
20 | accordance with Section 36 of the State Finance Act.
| ||||||
21 | "Compensation" also means salary or wages paid to an employee | ||||||
22 | of any
qualified local government, qualified rehabilitation | ||||||
23 | facility,
qualified domestic violence shelter or service, or | ||||||
24 | qualified child advocacy center.
| ||||||
25 | (e) "Commission" means the State Employees Group Insurance | ||||||
26 | Advisory
Commission authorized by this Act. Commencing July 1, |
| |||||||
| |||||||
1 | 1984, "Commission"
as used in this Act means the Commission on | ||||||
2 | Government Forecasting and Accountability as
established by | ||||||
3 | the Legislative Commission Reorganization Act of 1984.
| ||||||
4 | (f) "Contributory", when referred to as contributory | ||||||
5 | coverage, shall
mean optional coverages or benefits elected by | ||||||
6 | the member toward the cost of
which such member makes | ||||||
7 | contribution, or which are funded in whole or in part
through | ||||||
8 | the acceptance of a reduction in earnings or the foregoing of | ||||||
9 | an
increase in earnings by an employee, as distinguished from | ||||||
10 | noncontributory
coverage or benefits which are paid entirely | ||||||
11 | by the State of Illinois
without reduction of the member's | ||||||
12 | salary.
| ||||||
13 | (g) "Department" means any department, institution, board,
| ||||||
14 | commission, officer, court or any agency of the State | ||||||
15 | government
receiving appropriations and having power to | ||||||
16 | certify payrolls to the
Comptroller authorizing payments of | ||||||
17 | salary and wages against such
appropriations as are made by | ||||||
18 | the General Assembly from any State fund, or
against trust | ||||||
19 | funds held by the State Treasurer and includes boards of
| ||||||
20 | trustees of the retirement systems created by Articles 2, 14, | ||||||
21 | 15, 16, and
18 of the Illinois Pension Code. "Department" also | ||||||
22 | includes the Illinois
Comprehensive Health Insurance Board, | ||||||
23 | the Board of Examiners established under
the Illinois Public | ||||||
24 | Accounting Act, and the Illinois Finance Authority.
| ||||||
25 | (h) "Dependent", when the term is used in the context of | ||||||
26 | the health
and life plan, means a member's spouse and any child |
| |||||||
| |||||||
1 | (1) from
birth to age 26 including an adopted child, a child | ||||||
2 | who lives with the
member from the time of the placement for | ||||||
3 | adoption until entry
of an order of adoption, a stepchild or | ||||||
4 | adjudicated child, or a child who lives with the member
if such | ||||||
5 | member is a court appointed guardian of the child or (2)
age 19 | ||||||
6 | or over who has a mental or physical disability from a cause | ||||||
7 | originating prior to the age of 19 (age 26 if enrolled as an | ||||||
8 | adult child dependent). For
the health plan only, the term | ||||||
9 | "dependent" also includes (1) any person
enrolled prior to the | ||||||
10 | effective date of this Section who is dependent upon
the | ||||||
11 | member to the extent that the member may claim such person as a
| ||||||
12 | dependent for income tax deduction purposes and (2) any person | ||||||
13 | who
has received after June 30, 2000 an organ transplant and | ||||||
14 | who is financially
dependent upon the member and eligible to | ||||||
15 | be claimed as a dependent for income
tax purposes. A member | ||||||
16 | requesting to cover any dependent must provide documentation | ||||||
17 | as requested by the Department of Central Management Services | ||||||
18 | and file with the Department any and all forms required by the | ||||||
19 | Department.
| ||||||
20 | (i) "Director" means the Director of the Illinois | ||||||
21 | Department of Central
Management Services.
| ||||||
22 | (j) "Eligibility period" means the period of time a member | ||||||
23 | has to
elect enrollment in programs or to select benefits | ||||||
24 | without regard to
age, sex or health.
| ||||||
25 | (k) "Employee" means and includes each officer or employee | ||||||
26 | in the
service of a department who (1) receives his |
| |||||||
| |||||||
1 | compensation for
service rendered to the department on a | ||||||
2 | warrant issued pursuant to a payroll
certified by a department | ||||||
3 | or on a warrant or check issued and drawn by a
department upon | ||||||
4 | a trust, federal or other fund or on a warrant issued
pursuant | ||||||
5 | to a payroll certified by an elected or duly appointed officer
| ||||||
6 | of the State or who receives payment of the performance of | ||||||
7 | personal
services on a warrant issued pursuant to a payroll | ||||||
8 | certified by a
Department and drawn by the Comptroller upon | ||||||
9 | the State Treasurer against
appropriations made by the General | ||||||
10 | Assembly from any fund or against
trust funds held by the State | ||||||
11 | Treasurer, and (2) is employed full-time or
part-time in a | ||||||
12 | position normally requiring actual performance of duty
during | ||||||
13 | not less than 1/2 of a normal work period, as established by | ||||||
14 | the
Director in cooperation with each department, except that | ||||||
15 | persons elected
by popular vote will be considered employees | ||||||
16 | during the entire
term for which they are elected regardless | ||||||
17 | of hours devoted to the
service of the State, and (3) except | ||||||
18 | that "employee" does not include any
person who is not | ||||||
19 | eligible by reason of such person's employment to
participate | ||||||
20 | in one of the State retirement systems under Articles 2, 14, 15
| ||||||
21 | (either the regular Article 15 system or the optional | ||||||
22 | retirement program
established under Section 15-158.2), or 18, | ||||||
23 | or under paragraph (2), (3), or
(5) of Section 16-106, of the | ||||||
24 | Illinois
Pension Code, but such term does include persons who | ||||||
25 | are employed during
the 6-month 6 month qualifying period | ||||||
26 | under Article 14 of the Illinois Pension
Code. Such term also |
| |||||||
| |||||||
1 | includes any person who (1) after January 1, 1966,
is | ||||||
2 | receiving ordinary or accidental disability benefits under | ||||||
3 | Articles
2, 14, 15 (including ordinary or accidental | ||||||
4 | disability benefits under the
optional retirement program | ||||||
5 | established under Section 15-158.2), paragraph paragraphs
(2), | ||||||
6 | (3), or (5) of Section 16-106, or Article 18 of the
Illinois | ||||||
7 | Pension Code, for disability incurred after January 1, 1966, | ||||||
8 | (2)
receives total permanent or total temporary disability | ||||||
9 | under the Workers'
Compensation Act or Occupational Disease | ||||||
10 | Act as a result of injuries
sustained or illness contracted in | ||||||
11 | the course of employment with the
State of Illinois, or (3) is | ||||||
12 | not otherwise covered under this Act and has
retired as a | ||||||
13 | participating member under Article 2 of the Illinois Pension
| ||||||
14 | Code but is ineligible for the retirement annuity under | ||||||
15 | Section 2-119 of
the Illinois Pension Code. However, a person | ||||||
16 | who satisfies the criteria
of the foregoing definition of | ||||||
17 | "employee" except that such person is made
ineligible to | ||||||
18 | participate in the State Universities Retirement System by
| ||||||
19 | clause (4) of subsection (a) of Section 15-107 of the Illinois | ||||||
20 | Pension
Code is also an "employee" for the purposes of this | ||||||
21 | Act. "Employee" also
includes any person receiving or eligible | ||||||
22 | for benefits under a sick pay
plan established in accordance | ||||||
23 | with Section 36 of the State Finance Act.
"Employee" also | ||||||
24 | includes (i) each officer or employee in the service of a
| ||||||
25 | qualified local government, including persons appointed as | ||||||
26 | trustees of
sanitary districts regardless of hours devoted to |
| |||||||
| |||||||
1 | the service of the
sanitary district, (ii) each employee in | ||||||
2 | the service of a qualified
rehabilitation facility, (iii) each | ||||||
3 | full-time employee in the service of a
qualified domestic | ||||||
4 | violence shelter or service, and (iv) each full-time employee | ||||||
5 | in the service of a qualified child advocacy center, as | ||||||
6 | determined according to
rules promulgated by the Director.
| ||||||
7 | (l) "Member" means an employee, annuitant, retired | ||||||
8 | employee , or survivor. In the case of an annuitant or retired | ||||||
9 | employee who first becomes an annuitant or retired employee on | ||||||
10 | or after January 13, 2012 (the effective date of Public Act | ||||||
11 | 97-668), the individual must meet the minimum vesting | ||||||
12 | requirements of the applicable retirement system in order to | ||||||
13 | be eligible for group insurance benefits under that system. In | ||||||
14 | the case of a survivor who first becomes a survivor on or after | ||||||
15 | January 13, 2012 (the effective date of Public Act 97-668), | ||||||
16 | the deceased employee, annuitant, or retired employee upon | ||||||
17 | whom the annuity is based must have been eligible to | ||||||
18 | participate in the group insurance system under the applicable | ||||||
19 | retirement system in order for the survivor to be eligible for | ||||||
20 | group insurance benefits under that system.
| ||||||
21 | (m) "Optional coverages or benefits" means those coverages | ||||||
22 | or
benefits available to the member on his or her voluntary | ||||||
23 | election, and at
his or her own expense.
| ||||||
24 | (n) "Program" means the group life insurance, health | ||||||
25 | benefits and other
employee benefits designed and contracted | ||||||
26 | for by the Director under this Act.
|
| |||||||
| |||||||
1 | (o) "Health plan" means a health benefits
program offered
| ||||||
2 | by the State of Illinois for persons eligible for the plan.
| ||||||
3 | (p) "Retired employee" means any person who would be an | ||||||
4 | annuitant as
that term is defined herein but for the fact that | ||||||
5 | such person retired prior to
January 1, 1966. Such term also | ||||||
6 | includes any person formerly employed by
the University of | ||||||
7 | Illinois in the Cooperative Extension Service who would
be an | ||||||
8 | annuitant but for the fact that such person was made | ||||||
9 | ineligible to
participate in the State Universities Retirement | ||||||
10 | System by clause (4) of
subsection (a) of Section 15-107 of the | ||||||
11 | Illinois
Pension Code.
| ||||||
12 | (q) "Survivor" means a person receiving an annuity as a | ||||||
13 | survivor of an
employee or of an annuitant. "Survivor" also | ||||||
14 | includes: (1) the surviving
dependent of a person who | ||||||
15 | satisfies the definition of "employee" except that
such person | ||||||
16 | is made ineligible to participate in the State Universities
| ||||||
17 | Retirement System by clause (4) of subsection (a)
of Section | ||||||
18 | 15-107 of the Illinois Pension Code; (2) the surviving
| ||||||
19 | dependent of any person formerly employed by the University of | ||||||
20 | Illinois in
the Cooperative Extension Service who would be an | ||||||
21 | annuitant except for the
fact that such person was made | ||||||
22 | ineligible to participate in the State
Universities Retirement | ||||||
23 | System by clause (4) of subsection (a) of Section
15-107 of the | ||||||
24 | Illinois Pension Code; (3) the surviving dependent of a person | ||||||
25 | who was an annuitant under this Act by virtue of receiving an | ||||||
26 | alternative retirement cancellation payment under Section |
| |||||||
| |||||||
1 | 14-108.5 of the Illinois Pension Code; and (4) a person who | ||||||
2 | would be receiving an annuity as a survivor of an annuitant | ||||||
3 | except that the annuitant elected on or after June 4, 2018 to | ||||||
4 | receive an accelerated pension benefit payment under Section | ||||||
5 | 14-147.5, 15-185.5, or 16-190.5 of the Illinois Pension Code | ||||||
6 | in lieu of receiving an annuity.
| ||||||
7 | (q-2) "SERS" means the State Employees' Retirement System | ||||||
8 | of Illinois, created under Article 14 of the Illinois Pension | ||||||
9 | Code.
| ||||||
10 | (q-3) "SURS" means the State Universities Retirement | ||||||
11 | System, created under Article 15 of the Illinois Pension Code.
| ||||||
12 | (q-4) "TRS" means the Teachers' Retirement System of the | ||||||
13 | State of Illinois, created under Article 16 of the Illinois | ||||||
14 | Pension Code.
| ||||||
15 | (q-5) (Blank).
| ||||||
16 | (q-6) (Blank).
| ||||||
17 | (q-7) (Blank).
| ||||||
18 | (r) "Medical services" means the services provided within | ||||||
19 | the scope
of their licenses by practitioners in all categories | ||||||
20 | licensed under the
Medical Practice Act of 1987.
| ||||||
21 | (s) "Unit of local government" means any county, | ||||||
22 | municipality,
township, school district (including a | ||||||
23 | combination of school districts under
the Intergovernmental | ||||||
24 | Cooperation Act), special district or other unit,
designated | ||||||
25 | as a
unit of local government by law, which exercises limited | ||||||
26 | governmental
powers or powers in respect to limited |
| |||||||
| |||||||
1 | governmental subjects, any
not-for-profit association with a | ||||||
2 | membership that primarily includes
townships and township | ||||||
3 | officials, that has duties that include provision of
research | ||||||
4 | service, dissemination of information, and other acts for the
| ||||||
5 | purpose of improving township government, and that is funded | ||||||
6 | wholly or
partly in accordance with Section 85-15 of the | ||||||
7 | Township Code; any
not-for-profit corporation or association, | ||||||
8 | with a membership consisting
primarily of municipalities, that | ||||||
9 | operates its own utility system, and
provides research, | ||||||
10 | training, dissemination of information, or other acts to
| ||||||
11 | promote cooperation between and among municipalities that | ||||||
12 | provide utility
services and for the advancement of the goals | ||||||
13 | and purposes of its
membership;
the Southern Illinois | ||||||
14 | Collegiate Common Market, which is a consortium of higher
| ||||||
15 | education institutions in Southern Illinois; the Illinois | ||||||
16 | Association of
Park Districts; and any hospital provider that | ||||||
17 | is owned by a county that has 100 or fewer hospital beds and | ||||||
18 | has not already joined the program. "Qualified
local | ||||||
19 | government" means a unit of local government approved by the | ||||||
20 | Director and
participating in a program created under | ||||||
21 | subsection (i) of Section 10 of this
Act.
| ||||||
22 | (t) "Qualified rehabilitation facility" means any | ||||||
23 | not-for-profit
organization that is accredited by the | ||||||
24 | Commission on Accreditation of
Rehabilitation Facilities or | ||||||
25 | certified by the Department
of Human Services (as successor to | ||||||
26 | the Department of Mental Health
and Developmental |
| |||||||
| |||||||
1 | Disabilities) to provide services to persons with
disabilities
| ||||||
2 | and which receives funds from the State of Illinois for | ||||||
3 | providing those
services, approved by the Director and | ||||||
4 | participating in a program created
under subsection (j) of | ||||||
5 | Section 10 of this Act.
| ||||||
6 | (u) "Qualified domestic violence shelter or service" means | ||||||
7 | any Illinois
domestic violence shelter or service and its | ||||||
8 | administrative offices funded
by the Department of Human | ||||||
9 | Services (as successor to the Illinois Department of
Public | ||||||
10 | Aid),
approved by the Director and
participating in a program | ||||||
11 | created under subsection (k) of Section 10.
| ||||||
12 | (v) "TRS benefit recipient" means a person who:
| ||||||
13 | (1) is not a "member" as defined in this Section; and
| ||||||
14 | (2) is receiving a monthly benefit or retirement | ||||||
15 | annuity
under Article 16 of the Illinois Pension Code or | ||||||
16 | would be receiving such monthly benefit or retirement | ||||||
17 | annuity except that the benefit recipient elected on or | ||||||
18 | after June 4, 2018 to receive an accelerated pension | ||||||
19 | benefit payment under Section 16-190.5 of the Illinois | ||||||
20 | Pension Code in lieu of receiving an annuity; and
| ||||||
21 | (3) either (i) has at least 8 years of creditable | ||||||
22 | service under Article
16 of the Illinois Pension Code, or | ||||||
23 | (ii) was enrolled in the health insurance
program offered | ||||||
24 | under that Article on January 1, 1996, or (iii) is the | ||||||
25 | survivor
of a benefit recipient who had at least 8
years of | ||||||
26 | creditable service under Article 16 of the Illinois |
| |||||||
| |||||||
1 | Pension Code or
was enrolled in the health insurance | ||||||
2 | program offered under that Article on June 21, 1995 (the | ||||||
3 | effective date of Public Act 89-25), or (iv) is a | ||||||
4 | recipient or
survivor of a recipient of a disability | ||||||
5 | benefit under Article 16 of the
Illinois Pension Code.
| ||||||
6 | (w) "TRS dependent beneficiary" means a person who:
| ||||||
7 | (1) is not a "member" or "dependent" as defined in | ||||||
8 | this Section; and
| ||||||
9 | (2) is a TRS benefit recipient's: (A) spouse, (B) | ||||||
10 | dependent parent who
is receiving at least half of his or | ||||||
11 | her support from the TRS benefit
recipient, or (C) | ||||||
12 | natural, step, adjudicated, or adopted child who is (i) | ||||||
13 | under age 26, (ii) was, on January 1, 1996, participating | ||||||
14 | as a dependent
beneficiary in the health insurance program | ||||||
15 | offered under Article 16 of the
Illinois Pension Code, or | ||||||
16 | (iii) age 19 or over who has a mental or physical | ||||||
17 | disability from a cause originating prior to the age of 19 | ||||||
18 | (age 26 if enrolled as an adult child).
| ||||||
19 | "TRS dependent beneficiary" does not include, as indicated | ||||||
20 | under paragraph (2) of this subsection (w), a dependent of the | ||||||
21 | survivor of a TRS benefit recipient who first becomes a | ||||||
22 | dependent of a survivor of a TRS benefit recipient on or after | ||||||
23 | January 13, 2012 (the effective date of Public Act 97-668) | ||||||
24 | unless that dependent would have been eligible for coverage as | ||||||
25 | a dependent of the deceased TRS benefit recipient upon whom | ||||||
26 | the survivor benefit is based. |
| |||||||
| |||||||
1 | (x) "Military leave" refers to individuals in basic
| ||||||
2 | training for reserves, special/advanced training, annual | ||||||
3 | training, emergency
call up, activation by the President of | ||||||
4 | the United States, or any other training or duty in service to | ||||||
5 | the United States Armed Forces.
| ||||||
6 | (y) (Blank).
| ||||||
7 | (z) "Community college benefit recipient" means a person | ||||||
8 | who:
| ||||||
9 | (1) is not a "member" as defined in this Section; and
| ||||||
10 | (2) is receiving a monthly survivor's annuity or | ||||||
11 | retirement annuity
under Article 15 of the Illinois | ||||||
12 | Pension Code or would be receiving such monthly survivor's | ||||||
13 | annuity or retirement annuity except that the benefit | ||||||
14 | recipient elected on or after June 4, 2018 to receive an | ||||||
15 | accelerated pension benefit payment under Section 15-185.5 | ||||||
16 | of the Illinois Pension Code in lieu of receiving an | ||||||
17 | annuity; and
| ||||||
18 | (3) either (i) was a full-time employee of a community | ||||||
19 | college district or
an association of community college | ||||||
20 | boards created under the Public Community
College Act | ||||||
21 | (other than an employee whose last employer under Article | ||||||
22 | 15 of the
Illinois Pension Code was a community college | ||||||
23 | district subject to Article VII
of the Public Community | ||||||
24 | College Act) and was eligible to participate in a group
| ||||||
25 | health benefit plan as an employee during the time of | ||||||
26 | employment with a
community college district (other than a |
| |||||||
| |||||||
1 | community college district subject to
Article VII of the | ||||||
2 | Public Community College Act) or an association of | ||||||
3 | community
college boards, or (ii) is the survivor of a | ||||||
4 | person described in item (i).
| ||||||
5 | (aa) "Community college dependent beneficiary" means a | ||||||
6 | person who:
| ||||||
7 | (1) is not a "member" or "dependent" as defined in | ||||||
8 | this Section; and
| ||||||
9 | (2) is a community college benefit recipient's: (A) | ||||||
10 | spouse, (B) dependent
parent who is receiving at least | ||||||
11 | half of his or her support from the community
college | ||||||
12 | benefit recipient, or (C) natural, step, adjudicated, or | ||||||
13 | adopted child who is (i)
under age 26, or (ii)
age 19 or | ||||||
14 | over and has a mental or physical disability from a cause | ||||||
15 | originating prior to the age of 19 (age 26 if enrolled as | ||||||
16 | an adult child).
| ||||||
17 | "Community college dependent beneficiary" does not | ||||||
18 | include, as indicated under paragraph (2) of this subsection | ||||||
19 | (aa), a dependent of the survivor of a community college | ||||||
20 | benefit recipient who first becomes a dependent of a survivor | ||||||
21 | of a community college benefit recipient on or after January | ||||||
22 | 13, 2012 (the effective date of Public Act 97-668) unless that | ||||||
23 | dependent would have been eligible for coverage as a dependent | ||||||
24 | of the deceased community college benefit recipient upon whom | ||||||
25 | the survivor annuity is based. | ||||||
26 | (bb) "Qualified child advocacy center" means any Illinois |
| |||||||
| |||||||
1 | child advocacy center and its administrative offices funded by | ||||||
2 | the Department of Children and Family Services, as defined by | ||||||
3 | the Children's Advocacy Center Act (55 ILCS 80/), approved by | ||||||
4 | the Director and participating in a program created under | ||||||
5 | subsection (n) of Section 10.
| ||||||
6 | (cc) "Placement for adoption" means the assumption and | ||||||
7 | retention by a member of a legal obligation for total or | ||||||
8 | partial support of a child in anticipation of adoption of the | ||||||
9 | child. The child's placement with the member terminates upon | ||||||
10 | the termination of such legal obligation. | ||||||
11 | (Source: P.A. 101-242, eff. 8-9-19; 102-558, eff. 8-20-21; | ||||||
12 | revised 12-2-21.)
| ||||||
13 | (5 ILCS 375/6.11)
| ||||||
14 | Sec. 6.11. Required health benefits; Illinois Insurance | ||||||
15 | Code
requirements. The program of health
benefits shall | ||||||
16 | provide the post-mastectomy care benefits required to be | ||||||
17 | covered
by a policy of accident and health insurance under | ||||||
18 | Section 356t of the Illinois
Insurance Code. The program of | ||||||
19 | health benefits shall provide the coverage
required under | ||||||
20 | Sections 356g, 356g.5, 356g.5-1, 356m, 356q,
356u, 356w, 356x, | ||||||
21 | 356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, | ||||||
22 | 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22, | ||||||
23 | 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, | ||||||
24 | 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, and | ||||||
25 | 356z.51 and 356z.43 of the
Illinois Insurance Code.
The |
| |||||||
| |||||||
1 | program of health benefits must comply with Sections 155.22a, | ||||||
2 | 155.37, 355b, 356z.19, 370c, and 370c.1 and Article XXXIIB of | ||||||
3 | the
Illinois Insurance Code. The Department of Insurance shall | ||||||
4 | enforce the requirements of this Section with respect to | ||||||
5 | Sections 370c and 370c.1 of the Illinois Insurance Code; all | ||||||
6 | other requirements of this Section shall be enforced by the | ||||||
7 | Department of Central Management Services.
| ||||||
8 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
9 | any, is conditioned on the rules being adopted in accordance | ||||||
10 | with all provisions of the Illinois Administrative Procedure | ||||||
11 | Act and all rules and procedures of the Joint Committee on | ||||||
12 | Administrative Rules; any purported rule not so adopted, for | ||||||
13 | whatever reason, is unauthorized. | ||||||
14 | (Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20; | ||||||
15 | 101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff. | ||||||
16 | 1-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103, | ||||||
17 | eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; | ||||||
18 | 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; revised | ||||||
19 | 10-26-21.) | ||||||
20 | Section 40. The Sick Leave Bank Act is amended by changing | ||||||
21 | Section 5.10 as follows:
| ||||||
22 | (5 ILCS 400/5.10) (from Ch. 127, par. 4255.10)
| ||||||
23 | Sec. 5.10.
"Agency" means any branch, department, board, | ||||||
24 | committee or
commission of State government, but does not |
| |||||||
| |||||||
1 | include units of local
government, school districts , or boards | ||||||
2 | of election commissioners, or the State Board of Education.
| ||||||
3 | (Source: P.A. 102-539, eff. 8-20-21; revised 12-2-21.)
| ||||||
4 | Section 45. The Illinois Governmental Ethics Act is | ||||||
5 | amended by changing Sections 4A-102 and 4A-107 as follows: | ||||||
6 | (5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
| ||||||
7 | Sec. 4A-102. The statement of economic interests required | ||||||
8 | by this Article
shall include the economic interests of the | ||||||
9 | person making the statement as
provided in this Section. | ||||||
10 | (a) The interest (if constructively controlled by the
| ||||||
11 | person making the statement) of a spouse or any other party, | ||||||
12 | shall be
considered to be the same as the interest of the | ||||||
13 | person making the
statement. Campaign receipts shall not be | ||||||
14 | included in this statement. The following interests shall be | ||||||
15 | listed by all persons required to file: | ||||||
16 | (1) each asset that has a value of more than $10,000 as | ||||||
17 | of the end of the preceding calendar year and is: (i) held | ||||||
18 | in the filer's name, (ii) held jointly by the filer with | ||||||
19 | his or her spouse, or (iii) held jointly by the filer with | ||||||
20 | his or her minor child or children. For a beneficial | ||||||
21 | interest in a trust, the value is based on the total value | ||||||
22 | of the assets either subject to the beneficial interest, | ||||||
23 | or from which income is to be derived for the benefit of | ||||||
24 | the beneficial interest, regardless of whether any |
| |||||||
| |||||||
1 | distributions have been made for the benefit of the | ||||||
2 | beneficial interest; | ||||||
3 | (2) excluding the income from the position that | ||||||
4 | requires the filing of a statement of economic interests | ||||||
5 | under this Act, each source of income in excess of $7,500 | ||||||
6 | during the preceding calendar year (as required to be | ||||||
7 | reported on the filer's federal income tax return covering | ||||||
8 | the preceding calendar year) for the filer and his or her | ||||||
9 | spouse and, if the sale or transfer of an asset produced | ||||||
10 | more than $7,500 in capital gains during the preceding | ||||||
11 | calendar year, the transaction date on which that asset | ||||||
12 | was sold or transferred; | ||||||
13 | (3) each creditor of a debt in excess of $10,000 that, | ||||||
14 | during the preceding calendar year, was: (i) owed by the | ||||||
15 | filer, (ii) owed jointly by the filer with his or her | ||||||
16 | spouse or (iii) owed jointly by the filer with his or her | ||||||
17 | minor child or children; | ||||||
18 | (4) the name of each unit of government of which the | ||||||
19 | filer or his or her spouse was an employee, contractor, or | ||||||
20 | office holder during the preceding calendar year other | ||||||
21 | than the unit or units of government in relation to which | ||||||
22 | the person is required to file and the title of the | ||||||
23 | position or nature of the contractual services; | ||||||
24 | (5) each person known to the filer to be registered as | ||||||
25 | a lobbyist with any unit of government in the State of | ||||||
26 | Illinois: (i) with whom the filer maintains an economic |
| |||||||
| |||||||
1 | relationship, or (ii) who is a member of the filer's | ||||||
2 | family; and | ||||||
3 | (6) each source and type of gift or gifts, or | ||||||
4 | honorarium or honoraria, valued singly or in the aggregate | ||||||
5 | in excess of $500 that was received during the preceding | ||||||
6 | calendar year, excluding any gift or gifts from a member | ||||||
7 | of the filer's family that was not known to the filer to be | ||||||
8 | registered as a lobbyist with any unit of government in | ||||||
9 | the State of Illinois ; and . | ||||||
10 | (7) the name of any spouse or immediate family member | ||||||
11 | living with such person employed by a public utility in | ||||||
12 | this State and the name of the public utility that employs | ||||||
13 | such person. | ||||||
14 | For the purposes of this Section, the unit of local | ||||||
15 | government in relation to which a person is required to file | ||||||
16 | under item (e) of Section 4A-101.5 shall be the unit of local | ||||||
17 | government that contributes to the pension fund of which such | ||||||
18 | person is a member of the board. | ||||||
19 | (b) Beginning December 1, 2025, and for every 5 years | ||||||
20 | thereafter, the Secretary of State shall adjust the amounts | ||||||
21 | specified under this Section that prompt disclosure under this | ||||||
22 | Act for purposes of inflation as determined by the Consumer | ||||||
23 | Price Index for All Urban Consumers as issued by the United | ||||||
24 | States Department of Labor and rounded to the nearest $100. | ||||||
25 | The Secretary shall publish this information on the official | ||||||
26 | website of the Secretary of State, and make changes to the |
| |||||||
| |||||||
1 | statement of economic interests form to be completed for the | ||||||
2 | following year. | ||||||
3 | (c) The Secretary of State shall develop and make publicly | ||||||
4 | available on his or her website written guidance relating to | ||||||
5 | the completion and filing of the statement of economic | ||||||
6 | interests upon which a filer may reasonably and in good faith | ||||||
7 | rely.
| ||||||
8 | (d) The following interest shall also be listed by | ||||||
9 | persons listed in items (a) through (f) of Section 4A-101: | ||||||
10 | the name of any spouse or immediate family member living | ||||||
11 | with such person employed by a public utility in this | ||||||
12 | State and the name of the public utility that employs such | ||||||
13 | person. is | ||||||
14 | (Source: P.A. 101-221, eff. 8-9-19; 102-662, eff. 9-15-21; | ||||||
15 | 102-664, eff. 1-1-22; revised 11-17-21.)
| ||||||
16 | (5 ILCS 420/4A-107) (from Ch. 127, par. 604A-107)
| ||||||
17 | Sec. 4A-107. Any person required to file a statement of | ||||||
18 | economic interests
under this Article who willfully files a | ||||||
19 | false or incomplete statement shall be
guilty of a Class A | ||||||
20 | misdemeanor; provided, a filer's statement made in reasonable, | ||||||
21 | good faith reliance on the guidance provided by the Secretary | ||||||
22 | of State pursuant to Section 4A-102 or his or her ethics | ||||||
23 | officer shall not constitute a willful false or incomplete | ||||||
24 | statement.
| ||||||
25 | Except when the fees and penalties for late filing have |
| |||||||
| |||||||
1 | been waived under Section 4A-105, failure to file a statement | ||||||
2 | within the time prescribed shall result in
ineligibility for, | ||||||
3 | or forfeiture of, office or position of employment, as
the | ||||||
4 | case may be; provided, however, that if the notice of failure | ||||||
5 | to
file a statement of economic interests provided in Section | ||||||
6 | 4A-105 of this
Act is not given by the Secretary of State or | ||||||
7 | the county clerk, as the case
may be, no forfeiture shall | ||||||
8 | result if a statement is filed within 30 days
of actual notice | ||||||
9 | of the failure to file. The Secretary of State shall provide | ||||||
10 | the Attorney General with the names of persons who failed to | ||||||
11 | file a statement. The county clerk shall provide the State's | ||||||
12 | Attorney of the county of the entity for which the filing of a | ||||||
13 | statement of economic interest is required with the name of | ||||||
14 | persons who failed to file a statement.
| ||||||
15 | The Attorney General, with respect to offices or positions | ||||||
16 | described in
items (a) through (f) and items (j), (l), (n), and | ||||||
17 | (p) of Section 4A-101 of this
Act, or the State's
Attorney of | ||||||
18 | the county of the entity for which the filing of statements of
| ||||||
19 | economic interests is required, with respect to offices or | ||||||
20 | positions
described in items (a) through (e) of
Section | ||||||
21 | 4A-101.5,
shall bring an action in quo warranto against any | ||||||
22 | person who has failed to file
by either May 31 or June 30 of | ||||||
23 | any given year and for whom the fees and penalties for late | ||||||
24 | filing have not been waived under Section 4A-105.
| ||||||
25 | (Source: P.A. 101-221, eff. 8-9-19; 102-664, eff. 1-1-22; | ||||||
26 | revised 12-16-21.)
|
| |||||||
| |||||||
1 | Section 50. The State Officials and Employees Ethics Act | ||||||
2 | is amended by changing Section 5-50 as follows: | ||||||
3 | (5 ILCS 430/5-50)
| ||||||
4 | Sec. 5-50. Ex parte communications; special government | ||||||
5 | agents.
| ||||||
6 | (a) This Section applies to ex
parte communications made | ||||||
7 | to any agency listed in subsection (e).
| ||||||
8 | (b) "Ex parte communication" means any written or oral | ||||||
9 | communication by any
person
that imparts or requests material
| ||||||
10 | information
or makes a material argument regarding
potential | ||||||
11 | action concerning regulatory, quasi-adjudicatory, investment, | ||||||
12 | or
licensing
matters pending before or under consideration by | ||||||
13 | the agency.
"Ex parte
communication" does not include the | ||||||
14 | following: (i) statements by
a person publicly made in a | ||||||
15 | public forum; (ii) statements regarding
matters of procedure | ||||||
16 | and practice, such as format, the
number of copies required, | ||||||
17 | the manner of filing, and the status
of a matter; and (iii) | ||||||
18 | statements made by a
State employee of the agency to the agency | ||||||
19 | head or other employees of that
agency.
| ||||||
20 | (b-5) An ex parte communication received by an agency,
| ||||||
21 | agency head, or other agency employee from an interested party | ||||||
22 | or
his or her official representative or attorney shall | ||||||
23 | promptly be
memorialized and made a part of the record.
| ||||||
24 | (c) An ex parte communication received by any agency, |
| |||||||
| |||||||
1 | agency head, or
other agency
employee, other than an ex parte | ||||||
2 | communication described in subsection (b-5),
shall immediately | ||||||
3 | be reported to that agency's ethics officer by the recipient
| ||||||
4 | of the communication and by any other employee of that agency | ||||||
5 | who responds to
the communication. The ethics officer shall | ||||||
6 | require that the ex parte
communication
be promptly made a | ||||||
7 | part of the record. The ethics officer shall promptly
file the | ||||||
8 | ex parte communication with the
Executive Ethics Commission, | ||||||
9 | including all written
communications, all written responses to | ||||||
10 | the communications, and a memorandum
prepared by the ethics | ||||||
11 | officer stating the nature and substance of all oral
| ||||||
12 | communications, the identity and job title of the person to | ||||||
13 | whom each
communication was made,
all responses made, the | ||||||
14 | identity and job title of the person making each
response,
the | ||||||
15 | identity of each person from whom the written or oral ex parte
| ||||||
16 | communication was received, the individual or entity | ||||||
17 | represented by that
person, any action the person requested or | ||||||
18 | recommended, and any other pertinent
information.
The | ||||||
19 | disclosure shall also contain the date of any
ex parte | ||||||
20 | communication.
| ||||||
21 | (d) "Interested party" means a person or entity whose | ||||||
22 | rights,
privileges, or interests are the subject of or are | ||||||
23 | directly affected by
a regulatory, quasi-adjudicatory, | ||||||
24 | investment, or licensing matter.
For purposes of an ex parte | ||||||
25 | communication received by either the Illinois Commerce | ||||||
26 | Commission or the Illinois Power Agency, "interested party" |
| |||||||
| |||||||
1 | also includes: (1) an organization comprised of 2 or more | ||||||
2 | businesses, persons, nonprofit entities, or any combination | ||||||
3 | thereof, that are working in concert to advance public policy | ||||||
4 | advocated by the organization, or (2) any party selling | ||||||
5 | renewable energy resources procured by the Illinois Power | ||||||
6 | Agency pursuant to Section 16-111.5 of the Public Utilities | ||||||
7 | Act and Section 1-75 of the Illinois Power Agency Act.
| ||||||
8 | (e) This Section applies to the following agencies:
| ||||||
9 | Executive Ethics Commission
| ||||||
10 | Illinois Commerce Commission
| ||||||
11 | Illinois Power Agency | ||||||
12 | Educational Labor Relations Board
| ||||||
13 | State Board of Elections
| ||||||
14 | Illinois Gaming Board
| ||||||
15 | Health Facilities and Services Review Board
| ||||||
16 | Illinois Workers' Compensation Commission
| ||||||
17 | Illinois Labor Relations Board
| ||||||
18 | Illinois Liquor Control Commission
| ||||||
19 | Pollution Control Board
| ||||||
20 | Property Tax Appeal Board
| ||||||
21 | Illinois Racing Board
| ||||||
22 | Illinois Purchased Care Review Board
| ||||||
23 | Illinois State Police Merit Board
| ||||||
24 | Motor Vehicle Review Board
| ||||||
25 | Prisoner Review Board
| ||||||
26 | Civil Service Commission
|
| |||||||
| |||||||
1 | Personnel Review Board for the Treasurer
| ||||||
2 | Merit Commission for the Secretary of State
| ||||||
3 | Merit Commission for the Office of the Comptroller | ||||||
4 | Court of Claims
| ||||||
5 | Board of Review of the Department of Employment Security
| ||||||
6 | Department of Insurance
| ||||||
7 | Department of Professional Regulation and licensing boards
| ||||||
8 | under the Department
| ||||||
9 | Department of Public Health and licensing boards under the
| ||||||
10 | Department
| ||||||
11 | Office of Banks and Real Estate and licensing boards under
| ||||||
12 | the Office | ||||||
13 | State Employees Retirement System Board of Trustees
| ||||||
14 | Judges Retirement System Board of Trustees
| ||||||
15 | General Assembly Retirement System Board of Trustees
| ||||||
16 | Illinois Board of Investment
| ||||||
17 | State Universities Retirement System Board of Trustees
| ||||||
18 | Teachers Retirement System Officers Board of Trustees
| ||||||
19 | (f) Any person who fails to (i) report an ex parte | ||||||
20 | communication to an
ethics officer, (ii) make information part | ||||||
21 | of the record, or (iii) make a
filing
with the Executive Ethics | ||||||
22 | Commission as required by this Section or as required
by
| ||||||
23 | Section 5-165 of the Illinois Administrative Procedure Act | ||||||
24 | violates this Act.
| ||||||
25 | (Source: P.A. 102-538, eff. 8-20-21; 102-662, eff. 9-15-21; | ||||||
26 | revised 11-17-21.) |
| |||||||
| |||||||
1 | Section 55. The Community-Law Enforcement and Other First | ||||||
2 | Responder Partnership for Deflection and Substance Use | ||||||
3 | Disorder Treatment Act is amended by changing Sections 10 and | ||||||
4 | 35 as follows: | ||||||
5 | (5 ILCS 820/10)
| ||||||
6 | Sec. 10. Definitions. In this Act:
| ||||||
7 | "Case management" means those services which will assist | ||||||
8 | persons in gaining access to needed social, educational, | ||||||
9 | medical, substance use and mental health treatment, and other | ||||||
10 | services.
| ||||||
11 | "Community member or organization" means an individual | ||||||
12 | volunteer, resident, public office, or a not-for-profit | ||||||
13 | organization, religious institution, charitable organization, | ||||||
14 | or other public body committed to the improvement of | ||||||
15 | individual and family mental and physical well-being and the | ||||||
16 | overall social welfare of the community, and may include | ||||||
17 | persons with lived experience in recovery from substance use | ||||||
18 | disorder, either themselves or as family members.
| ||||||
19 | "Other first responder" means and includes emergency | ||||||
20 | medical services providers that are public units of | ||||||
21 | government, fire departments and districts, and officials and | ||||||
22 | responders representing and employed by these entities. | ||||||
23 | "Deflection program" means a program in which a peace | ||||||
24 | officer or member of a law enforcement agency or other first |
| |||||||
| |||||||
1 | responder facilitates contact between an individual and a | ||||||
2 | licensed substance use treatment provider or clinician for | ||||||
3 | assessment and coordination of treatment planning, including | ||||||
4 | co-responder approaches that incorporate behavioral health, | ||||||
5 | peer, or social work professionals with law enforcement or | ||||||
6 | other first responders at the scene. This facilitation | ||||||
7 | includes defined criteria for eligibility and communication | ||||||
8 | protocols agreed to by the law enforcement agency or other | ||||||
9 | first responder entity and the licensed treatment provider for | ||||||
10 | the purpose of providing substance use treatment to those | ||||||
11 | persons in lieu of arrest or further justice system | ||||||
12 | involvement, or unnecessary admissions to the emergency | ||||||
13 | department. Deflection programs may include, but are not | ||||||
14 | limited to, the following types of responses: | ||||||
15 | (1) a post-overdose deflection response initiated by a | ||||||
16 | peace officer or law enforcement agency subsequent to | ||||||
17 | emergency administration of medication to reverse an | ||||||
18 | overdose, or in cases of severe substance use disorder | ||||||
19 | with acute risk for overdose;
| ||||||
20 | (2) a self-referral deflection response initiated by | ||||||
21 | an individual by contacting a peace officer or law | ||||||
22 | enforcement agency or other first responder in the | ||||||
23 | acknowledgment of their substance use or disorder;
| ||||||
24 | (3) an active outreach deflection response initiated | ||||||
25 | by a peace officer or law enforcement agency or other | ||||||
26 | first responder as a result of proactive identification of |
| |||||||
| |||||||
1 | persons thought likely to have a substance use disorder;
| ||||||
2 | (4) an officer or other first responder prevention | ||||||
3 | deflection response initiated by a peace officer or law | ||||||
4 | enforcement agency in response to a community call when no | ||||||
5 | criminal charges are present; and | ||||||
6 | (5) an officer intervention deflection response when | ||||||
7 | criminal charges are present but held in abeyance pending | ||||||
8 | engagement with treatment.
| ||||||
9 | "Law enforcement agency" means a municipal police | ||||||
10 | department or county sheriff's office of this State, the | ||||||
11 | Illinois State Police, or other law enforcement agency whose | ||||||
12 | officers, by statute, are granted and authorized to exercise | ||||||
13 | powers similar to those conferred upon any peace officer | ||||||
14 | employed by a law enforcement agency of this State.
| ||||||
15 | "Licensed treatment provider" means an organization | ||||||
16 | licensed by the Department of Human Services to perform an | ||||||
17 | activity or service, or a coordinated range of those | ||||||
18 | activities or services, as the Department of Human Services | ||||||
19 | may establish by rule, such as the broad range of emergency, | ||||||
20 | outpatient, intensive outpatient, and residential services and | ||||||
21 | care, including assessment, diagnosis, case management, | ||||||
22 | medical, psychiatric, psychological and social services, | ||||||
23 | medication-assisted treatment, care and counseling, and | ||||||
24 | recovery support, which may be extended to persons to assess | ||||||
25 | or treat substance use disorder or to families of those | ||||||
26 | persons.
|
| |||||||
| |||||||
1 | "Peace officer" means any peace officer or member of any | ||||||
2 | duly organized State, county, or municipal peace officer unit, | ||||||
3 | any police force of another State, or any police force whose | ||||||
4 | members, by statute, are granted and authorized to exercise | ||||||
5 | powers similar to those conferred upon any peace officer | ||||||
6 | employed by a law enforcement agency of this State.
| ||||||
7 | "Substance use disorder" means a pattern of use of alcohol | ||||||
8 | or other drugs leading to clinical or functional impairment, | ||||||
9 | in accordance with the definition in the Diagnostic and | ||||||
10 | Statistical Manual of Mental Disorders (DSM-5), or in any | ||||||
11 | subsequent editions.
| ||||||
12 | "Treatment" means the broad range of emergency, | ||||||
13 | outpatient, intensive outpatient, and residential services and | ||||||
14 | care (including assessment, diagnosis, case management, | ||||||
15 | medical, psychiatric, psychological and social services, | ||||||
16 | medication-assisted treatment, care and counseling, and | ||||||
17 | recovery support) which may be extended to persons who have | ||||||
18 | substance use disorders, persons with mental illness, or | ||||||
19 | families of those persons.
| ||||||
20 | (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21; | ||||||
21 | revised 10-6-21.) | ||||||
22 | (5 ILCS 820/35) | ||||||
23 | Sec. 35. Funding.
| ||||||
24 | (a) The General Assembly may appropriate funds to the | ||||||
25 | Illinois Criminal Justice Information Authority for the |
| |||||||
| |||||||
1 | purpose of funding law enforcement agencies or other first | ||||||
2 | responder entities for services provided by deflection program | ||||||
3 | partners as part of deflection programs subject to subsection | ||||||
4 | (d) of Section 15 of this Act.
| ||||||
5 | (a.1) Up to 10 percent of appropriated funds may be | ||||||
6 | expended on activities related to knowledge dissemination, | ||||||
7 | training, technical assistance, or other similar activities | ||||||
8 | intended to increase practitioner and public awareness of | ||||||
9 | deflection and/or to support its implementation. The Illinois | ||||||
10 | Criminal Justice Information Authority may adopt guidelines | ||||||
11 | and requirements to direct the distribution of funds for these | ||||||
12 | activities. | ||||||
13 | (b) For all appropriated funds not distributed under | ||||||
14 | subsection (a.1) a.1 , the Illinois Criminal Justice | ||||||
15 | Information Authority may adopt guidelines and requirements to | ||||||
16 | direct the distribution of funds for expenses related to | ||||||
17 | deflection programs. Funding shall be made available to | ||||||
18 | support both new and existing deflection programs in a broad | ||||||
19 | spectrum of geographic regions in this State, including urban, | ||||||
20 | suburban, and rural communities. Funding for deflection | ||||||
21 | programs shall be prioritized for communities that have been | ||||||
22 | impacted by the war on drugs, communities that have a | ||||||
23 | police/community relations issue, and communities that have a | ||||||
24 | disproportionate lack of access to mental health and drug | ||||||
25 | treatment. Activities eligible for funding under this Act may | ||||||
26 | include, but are not limited to, the following:
|
| |||||||
| |||||||
1 | (1) activities related to program administration, | ||||||
2 | coordination, or management, including, but not limited | ||||||
3 | to, the development of collaborative partnerships with | ||||||
4 | licensed treatment providers and community members or | ||||||
5 | organizations; collection of program data; or monitoring | ||||||
6 | of compliance with a local deflection program plan;
| ||||||
7 | (2) case management including case management provided | ||||||
8 | prior to assessment, diagnosis, and engagement in | ||||||
9 | treatment, as well as assistance navigating and gaining | ||||||
10 | access to various treatment modalities and support | ||||||
11 | services;
| ||||||
12 | (3) peer recovery or recovery support services that | ||||||
13 | include the perspectives of persons with the experience of | ||||||
14 | recovering from a substance use disorder, either | ||||||
15 | themselves or as family members;
| ||||||
16 | (4) transportation to a licensed treatment provider or | ||||||
17 | other program partner location; | ||||||
18 | (5) program evaluation activities ; . | ||||||
19 | (6) naloxone and related supplies necessary for | ||||||
20 | carrying out overdose reversal for purposes of | ||||||
21 | distribution to program participants or for use by law | ||||||
22 | enforcement or other first responders; and | ||||||
23 | (7) treatment necessary to prevent gaps in service | ||||||
24 | delivery between linkage and coverage by other funding | ||||||
25 | sources when otherwise non-reimbursable. | ||||||
26 | (c) Specific linkage agreements with recovery support |
| |||||||
| |||||||
1 | services or self-help entities may be a requirement of the | ||||||
2 | program services protocols. All deflection programs shall | ||||||
3 | encourage the involvement of key family members and | ||||||
4 | significant others as a part of a family-based approach to | ||||||
5 | treatment. All deflection programs are encouraged to use | ||||||
6 | evidence-based practices and outcome measures in the provision | ||||||
7 | of substance use disorder treatment and medication-assisted | ||||||
8 | treatment for persons with opioid use disorders.
| ||||||
9 | (Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19; | ||||||
10 | 101-652, eff. 7-1-21; revised 11-24-21.) | ||||||
11 | Section 60. The Gun Trafficking Information Act is amended | ||||||
12 | by changing Section 10-5 as follows: | ||||||
13 | (5 ILCS 830/10-5)
| ||||||
14 | Sec. 10-5. Gun trafficking information.
| ||||||
15 | (a) The Illinois State Police shall use all reasonable | ||||||
16 | efforts in making publicly available, on a regular and ongoing
| ||||||
17 | basis, key information related to firearms used in the
| ||||||
18 | commission of crimes in this State, including, but not limited
| ||||||
19 | to: reports on crimes committed with firearms, locations where
| ||||||
20 | the crimes occurred, the number of persons killed or injured | ||||||
21 | in
the commission of the crimes, the state where the firearms | ||||||
22 | used
originated, the Federal Firearms Licensee that sold the | ||||||
23 | firearm, the type of firearms used, annual statistical | ||||||
24 | information concerning Firearm Owner's Identification Card and |
| |||||||
| |||||||
1 | concealed carry license applications, revocations, and | ||||||
2 | compliance with Section 9.5 of the Firearm Owners | ||||||
3 | Identification Card Act, firearm restraining order | ||||||
4 | dispositions, and firearm dealer license certification | ||||||
5 | inspections. The Illinois State Police
shall make the | ||||||
6 | information available on its
website, which may be presented | ||||||
7 | in a dashboard format, in addition to electronically filing a | ||||||
8 | report with the
Governor and the General Assembly. The report | ||||||
9 | to the General
Assembly shall be filed with the Clerk of the | ||||||
10 | House of
Representatives and the Secretary of the Senate in | ||||||
11 | electronic
form only, in the manner that the Clerk and the | ||||||
12 | Secretary shall
direct.
| ||||||
13 | (b) The Illinois State Police shall study, on a regular | ||||||
14 | and ongoing basis, and compile reports on the number of | ||||||
15 | Firearm Owner's Identification Card checks to determine | ||||||
16 | firearms trafficking or straw purchase patterns. The Illinois | ||||||
17 | State Police shall, to the extent not inconsistent with law, | ||||||
18 | share such reports and underlying data with academic centers, | ||||||
19 | foundations, and law enforcement agencies studying firearms | ||||||
20 | trafficking, provided that personally identifying information | ||||||
21 | is protected. For purposes of this subsection (b), a Firearm | ||||||
22 | Owner's Identification Card number is not personally | ||||||
23 | identifying information, provided that no other personal | ||||||
24 | information of the card holder is attached to the record. The | ||||||
25 | Illinois State Police may create and attach an alternate | ||||||
26 | unique identifying number to each Firearm Owner's |
| |||||||
| |||||||
1 | Identification Card number, instead of releasing the Firearm | ||||||
2 | Owner's Identification Card number itself. | ||||||
3 | (c) Each department, office, division, and agency of this
| ||||||
4 | State shall, to the extent not inconsistent with law, | ||||||
5 | cooperate
fully with the Illinois State Police and furnish the
| ||||||
6 | Illinois State Police with all relevant information and | ||||||
7 | assistance on a
timely basis as is necessary to accomplish the | ||||||
8 | purpose of this
Act. The Illinois Criminal Justice Information | ||||||
9 | Authority shall submit the information required in subsection | ||||||
10 | (a) of this Section to the Illinois State Police, and any other | ||||||
11 | information as the Illinois State Police may request, to | ||||||
12 | assist the Illinois State Police in carrying out its duties | ||||||
13 | under this Act.
| ||||||
14 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
15 | revised 10-5-21.) | ||||||
16 | Section 65. The Election Code is amended by changing | ||||||
17 | Section 19-2 as follows: | ||||||
18 | (10 ILCS 5/19-2) (from Ch. 46, par. 19-2) | ||||||
19 | Sec. 19-2. Except as otherwise provided in this Code, any | ||||||
20 | elector as defined in Section 19-1 may by mail or | ||||||
21 | electronically on the website of the appropriate election | ||||||
22 | authority, not more than 90 nor less than 5 days prior to the
| ||||||
23 | date of such election, or by personal delivery not more than 90 | ||||||
24 | nor less
than one day prior to the date of such election, make |
| |||||||
| |||||||
1 | application to the
county clerk or to the Board of Election | ||||||
2 | Commissioners for an official
ballot for the voter's precinct | ||||||
3 | to be voted at such election to . Such a ballot shall be | ||||||
4 | delivered to the elector only upon separate application by the | ||||||
5 | elector for each election. Voters who make an application for | ||||||
6 | permanent vote by mail ballot status shall follow the | ||||||
7 | procedures specified in Section 19-3 and may apply year round. | ||||||
8 | Voters whose application for permanent vote by mail status is | ||||||
9 | accepted by the election authority shall remain on the | ||||||
10 | permanent vote by mail list until the voter requests to be | ||||||
11 | removed from permanent vote by mail status, the voter provides | ||||||
12 | notice to the election authority of a change in registration | ||||||
13 | that affects their registration status, or the election | ||||||
14 | authority receives confirmation that the voter has | ||||||
15 | subsequently registered to vote in another election authority | ||||||
16 | jurisdiction. The URL address at which voters may | ||||||
17 | electronically request a vote by mail ballot shall be fixed no | ||||||
18 | later than 90 calendar days before an election and shall not be | ||||||
19 | changed until after the election.
| ||||||
20 | (Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21; | ||||||
21 | 102-687, eff. 12-17-21; revised 1-5-22.)
| ||||||
22 | Section 70. The Secretary of State Act is amended by | ||||||
23 | setting forth, renumbering, and changing multiple
versions of | ||||||
24 | Section 35 as follows: |
| |||||||
| |||||||
1 | (15 ILCS 305/35) | ||||||
2 | (Section scheduled to be repealed on July 1, 2022) | ||||||
3 | Sec. 35. Task Force on Best Practices and Licensing of | ||||||
4 | Non-Transplant Organ Donation Organizations. | ||||||
5 | (a) The General Assembly finds and declares that: | ||||||
6 | (1) Non-transplant organ donation organizations that | ||||||
7 | accept or process whole body donations or body parts not | ||||||
8 | for transplantation owe a duty of transparency and | ||||||
9 | safekeeping to the donor and his or her next of kin. | ||||||
10 | Medical and scientific research is critical to a continued | ||||||
11 | understanding of the human body, disease, and training the | ||||||
12 | next generation of medical professionals, funeral home | ||||||
13 | directors, coroners, and mortuary students. Non-transplant | ||||||
14 | organ donation organizations do not include organizations | ||||||
15 | that receive body parts for the purposes of | ||||||
16 | transplantation. | ||||||
17 | (2) Recently, non-transplant organizations that | ||||||
18 | receive or process whole body donation or body part | ||||||
19 | donation not for transplantation purposes, have misused or | ||||||
20 | mishandled donor bodies and body parts. | ||||||
21 | (3) Neither State nor federal law adequately regulates | ||||||
22 | this industry. | ||||||
23 | (b) As used in this Section, "Task Force" means the Task | ||||||
24 | Force on Best Practices and Licensing of Non-Transplant Organ | ||||||
25 | Donation Organizations. | ||||||
26 | (c) There is created a Task Force on Best Practices and |
| |||||||
| |||||||
1 | Licensing of Non-Transplant Organ Donation Organizations to | ||||||
2 | review and report on national standards for best practices in | ||||||
3 | relation to the licensing and regulation of organizations that | ||||||
4 | solicit or accept non-transplantation whole bodies and body | ||||||
5 | parts, including licensing standards, State regulation, | ||||||
6 | identification of bodies and body parts, and sanctions. The | ||||||
7 | goal of the Task Force is to research the industry, | ||||||
8 | investigate State and local standards, and provide | ||||||
9 | recommendations to the General Assembly and Office of the | ||||||
10 | Governor. | ||||||
11 | (d) The Task Force's report shall include, but not be | ||||||
12 | limited to, standards for organizations that accept whole body | ||||||
13 | and body part donation, the application process for licensure, | ||||||
14 | best practices regarding consent, the identification, | ||||||
15 | labeling, handling and return of bodies and body parts to | ||||||
16 | ensure proper end-use and return to the next of kin, and best | ||||||
17 | practices for ensuring donors and next of kin are treated with | ||||||
18 | transparency and dignity. The report shall also evaluate and | ||||||
19 | make a recommendation as to the area of State government most | ||||||
20 | appropriate for licensing organizations and regulation of the | ||||||
21 | industry. The report shall also make a recommendation on | ||||||
22 | legislation to enact the findings of the Task Force. | ||||||
23 | (e) The Task Force shall meet no less than 5 times between | ||||||
24 | July 9, 2021 ( the effective date of Public Act 102-96) this | ||||||
25 | amendatory Act of the 102nd General Assembly and December 31, | ||||||
26 | 2021. The Task Force shall prepare a report that summarizes |
| |||||||
| |||||||
1 | its work and makes recommendations resulting from its review. | ||||||
2 | The Task Force shall submit the report of its findings and | ||||||
3 | recommendations to the Governor and General Assembly no later | ||||||
4 | than January 15, 2022. | ||||||
5 | (f) The Task Force shall consist of the following 8 | ||||||
6 | members: | ||||||
7 | (1) the Secretary of State or his or her designee; | ||||||
8 | (2) one member appointed by the Secretary of State | ||||||
9 | from the Department of Organ Donor of the Office of the | ||||||
10 | Secretary of State; | ||||||
11 | (3) one member appointed by the President of the | ||||||
12 | Senate; | ||||||
13 | (4) one member appointed by the Minority Leader of the | ||||||
14 | Senate; | ||||||
15 | (5) one member appointed by the Speaker of the House | ||||||
16 | of Representatives; | ||||||
17 | (6) one member appointed by the Minority Leader of the | ||||||
18 | House of Representatives; | ||||||
19 | (7) one member appointed by the Director of Public | ||||||
20 | Health; and | ||||||
21 | (8) one member from a University or Mortuary School | ||||||
22 | that has experience in receiving whole body donations, | ||||||
23 | appointed by the Governor. | ||||||
24 | (g) The Secretary of State shall designate which member | ||||||
25 | shall serve as chairperson and facilitate the Task Force. The | ||||||
26 | members of the Task Force shall be appointed no later than 90 |
| |||||||
| |||||||
1 | days after July 9, 2021 ( the effective date of Public Act | ||||||
2 | 102-96) this amendatory Act of the 102nd General Assembly . | ||||||
3 | Vacancies in the membership of the Task Force shall be filled | ||||||
4 | in the same manner as the original appointment. The members of | ||||||
5 | the Task Force shall not receive compensation for serving as | ||||||
6 | members of the Task Force. | ||||||
7 | (h) The Office of the Secretary of State shall provide the | ||||||
8 | Task Force with administrative and other support. | ||||||
9 | (i) This Section is repealed on July 1, 2022.
| ||||||
10 | (Source: P.A. 102-96, eff. 7-9-21; revised 10-27-21.)
| ||||||
11 | (15 ILCS 305/36)
| ||||||
12 | Sec. 36 35 . Authority to accept electronic signatures. | ||||||
13 | (a) Through the adoption of administrative rules, the | ||||||
14 | Secretary may authorize the filing of documents with his or | ||||||
15 | her office that have been signed by electronic means. | ||||||
16 | (b) The administrative rules adopted by the Secretary | ||||||
17 | shall set forth the following: | ||||||
18 | (1) the type of electronic signature required; | ||||||
19 | (2) the manner and format in which the electronic | ||||||
20 | signature must be affixed to the electronic record; | ||||||
21 | (3) the types of transactions which may be filed with | ||||||
22 | his or her office with electronic signatures; | ||||||
23 | (4) the procedures for seeking certification of | ||||||
24 | compliance with electronic signature requirements; and | ||||||
25 | (5) the date on which the Secretary will begin |
| |||||||
| |||||||
1 | accepting electronic signatures. | ||||||
2 | (c) Any entity seeking to provide services to third | ||||||
3 | parties for the execution of electronic signatures for filing | ||||||
4 | with the Secretary of State shall apply for a certification of | ||||||
5 | compliance with the requirements for the submission of | ||||||
6 | electronic signatures. To receive a certification of | ||||||
7 | compliance, the entity must establish the ability to comply | ||||||
8 | with all of the requirements of this Section and the | ||||||
9 | administrative rules adopted pursuant to this Section. There | ||||||
10 | is no limitation on the number of entities that may be issued a | ||||||
11 | certification of compliance. The Secretary shall include on | ||||||
12 | its Internet website a list of the entities that have been | ||||||
13 | issued a certification of compliance. | ||||||
14 | (d) The Secretary shall only accept electronic signatures | ||||||
15 | created by use of the services of an entity that has received a | ||||||
16 | certification of compliance as set forth in this Section. | ||||||
17 | (e) An electronic signature must meet all of the following | ||||||
18 | requirements: | ||||||
19 | (1) Be executed or adopted by a person with the intent | ||||||
20 | to sign the document so as to indicate the person's | ||||||
21 | approval of the information contained in the document. | ||||||
22 | (2) Be attached to or logically associated with the | ||||||
23 | information contained in the document being signed. | ||||||
24 | (3) Be capable of reliable identification and | ||||||
25 | authentication of the person as the signer. Identification | ||||||
26 | and authentication may be accomplished through additional |
| |||||||
| |||||||
1 | security procedures or processes if reliably correlated to | ||||||
2 | the electronic signature. | ||||||
3 | (4) Be linked to the document in a manner that would | ||||||
4 | invalidate the electronic signature if the document is | ||||||
5 | changed. | ||||||
6 | (5) Be linked to the document so as to preserve its | ||||||
7 | integrity as an accurate and complete record for the full | ||||||
8 | retention period of the document. | ||||||
9 | (6) Be compatible with the standards and technology | ||||||
10 | for electronic signatures that are generally used in | ||||||
11 | commerce and industry and by state governments. | ||||||
12 | (f) If the Secretary determines an electronic signature is | ||||||
13 | not in compliance with this Section or the administrative | ||||||
14 | rules adopted pursuant to this Section, or is not in | ||||||
15 | compliance with other applicable statutory or regulatory | ||||||
16 | provisions, the Secretary may refuse to accept the signature. | ||||||
17 | (g) Electronic signatures accepted by the Secretary of | ||||||
18 | State shall have the same force and effect as manual | ||||||
19 | signatures. | ||||||
20 | (h) Electronic delivery of records accepted by the | ||||||
21 | Secretary of State shall have the same force and effect as | ||||||
22 | physical delivery of records. | ||||||
23 | (i) Electronic records and electronic signatures accepted | ||||||
24 | by the Secretary of State shall be admissible in all | ||||||
25 | administrative, quasi-judicial, and judicial proceedings. In | ||||||
26 | any such proceeding, nothing in the application of the rules |
| |||||||
| |||||||
1 | of evidence shall apply so as to deny the admissibility of an | ||||||
2 | electronic record or electronic signature into evidence on the | ||||||
3 | sole ground that it is an electronic record or electronic | ||||||
4 | signature, or on the grounds that it is not in its original | ||||||
5 | form or is not an original. Information in the form of an | ||||||
6 | electronic record shall be given due evidentiary weight by the | ||||||
7 | trier of fact.
| ||||||
8 | (Source: P.A. 102-213, eff. 1-1-22; revised 10-27-21.)
| ||||||
9 | Section 75. The Secretary of State Merit Employment Code | ||||||
10 | is amended by changing Section 10b.1 as follows:
| ||||||
11 | (15 ILCS 310/10b.1) (from Ch. 124, par. 110b.1)
| ||||||
12 | Sec. 10b.1. Competitive examinations.
| ||||||
13 | (a) For open competitive
examinations to test the relative | ||||||
14 | fitness of applicants for the
respective positions. Tests | ||||||
15 | shall be designed to eliminate those who
are not qualified for | ||||||
16 | entrance into the Office of the Secretary of State
and to | ||||||
17 | discover the relative fitness of those who are qualified. The
| ||||||
18 | Director may use any one of or any combination of the following
| ||||||
19 | examination methods which in his judgment best serves this | ||||||
20 | end:
investigation of education and experience; test of | ||||||
21 | cultural knowledge;
test of capacity; test of knowledge; test | ||||||
22 | of manual skill; test of
linguistic ability; test of | ||||||
23 | character; test of physical skill; test of
psychological | ||||||
24 | fitness. No person with a record of misdemeanor
convictions |
| |||||||
| |||||||
1 | except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
| ||||||
2 | 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15, | ||||||
3 | 14-4, 16-1, 21.1-3, 24-3.1,
24-5, 25-1, 28-3, 31-1, 31-4, | ||||||
4 | 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions | ||||||
5 | (a)(1) and (a)(2)(C) of Section 11-14.3,
and paragraphs (1), | ||||||
6 | (6), and (8) of subsection (a) sub-sections 1, 6 and 8 of | ||||||
7 | Section 24-1 of the Criminal Code of
1961 or the Criminal Code | ||||||
8 | of 2012, or arrested for any cause but not convicted thereon | ||||||
9 | shall be
disqualified from taking such examinations or | ||||||
10 | subsequent appointment
unless the person is attempting to | ||||||
11 | qualify for a position which would
give him the powers of a | ||||||
12 | peace officer, in which case the person's
conviction or arrest | ||||||
13 | record may be considered as a factor in determining
the | ||||||
14 | person's fitness for the position. All examinations shall be
| ||||||
15 | announced publicly at least 2 weeks in advance of the date of
| ||||||
16 | examinations and may be advertised through the press, radio or | ||||||
17 | other
media.
| ||||||
18 | The Director may, at his discretion, accept the results of
| ||||||
19 | competitive examinations conducted by any merit system | ||||||
20 | established by
Federal law or by the law of any state State , | ||||||
21 | and may compile eligible lists
therefrom or may add the names | ||||||
22 | of successful candidates in examinations
conducted by those | ||||||
23 | merit systems to existing eligible lists in
accordance with | ||||||
24 | their respective ratings. No person who is a
non-resident of | ||||||
25 | the State of Illinois may be appointed from those
eligible | ||||||
26 | lists, however, unless the requirement that applicants be
|
| |||||||
| |||||||
1 | residents of the State of Illinois is waived by the Director of
| ||||||
2 | Personnel and unless there are less than 3 Illinois residents | ||||||
3 | available
for appointment from the appropriate eligible list. | ||||||
4 | The results of the
examinations conducted by other merit | ||||||
5 | systems may not be used unless
they are comparable in | ||||||
6 | difficulty and comprehensiveness to examinations
conducted by | ||||||
7 | the Department of Personnel for similar positions. Special
| ||||||
8 | linguistic options may also be established where deemed | ||||||
9 | appropriate.
| ||||||
10 | (b) The Director of Personnel may require that each person | ||||||
11 | seeking
employment with the Secretary of State, as part of the | ||||||
12 | application
process, authorize an investigation to determine | ||||||
13 | if the applicant has
ever been convicted of a crime and if so, | ||||||
14 | the disposition of those
convictions; this authorization shall | ||||||
15 | indicate the scope of the inquiry
and the agencies which may be | ||||||
16 | contacted. Upon this authorization, the
Director of Personnel | ||||||
17 | may request and receive information and assistance
from any | ||||||
18 | federal, state or local governmental agency as part of the
| ||||||
19 | authorized investigation. The investigation shall be | ||||||
20 | undertaken after the
fingerprinting of an applicant in the | ||||||
21 | form and manner prescribed by the
Illinois State Police. The | ||||||
22 | investigation shall consist of a criminal
history records | ||||||
23 | check performed by the Illinois State Police and the
Federal | ||||||
24 | Bureau of Investigation, or some other entity that has the | ||||||
25 | ability to
check the applicant's fingerprints against the | ||||||
26 | fingerprint records now and
hereafter filed in the Illinois |
| |||||||
| |||||||
1 | State Police and Federal Bureau of
Investigation criminal | ||||||
2 | history records databases. If the Illinois State Police and | ||||||
3 | the Federal Bureau of Investigation
conduct an investigation | ||||||
4 | directly for the Secretary of State's Office, then
the | ||||||
5 | Illinois State Police shall charge a fee for conducting the | ||||||
6 | criminal
history records check, which shall be deposited in | ||||||
7 | the State Police Services
Fund and shall not exceed the actual | ||||||
8 | cost of the records check. The
Illinois State Police shall
| ||||||
9 | provide information concerning any criminal convictions, and | ||||||
10 | their
disposition, brought against the applicant or | ||||||
11 | prospective employee of
the Secretary of State upon request of | ||||||
12 | the Department of Personnel when
the request is made in the | ||||||
13 | form and manner required by the Illinois State Police. The | ||||||
14 | information derived from this investigation,
including the | ||||||
15 | source of this information, and any conclusions or
| ||||||
16 | recommendations derived from this information by the Director | ||||||
17 | of
Personnel shall be provided to the applicant or prospective | ||||||
18 | employee, or
his designee, upon request to the Director of | ||||||
19 | Personnel prior to any
final action by the Director of | ||||||
20 | Personnel on the application. No
information obtained from | ||||||
21 | such investigation may be placed in any
automated information | ||||||
22 | system. Any criminal convictions and their
disposition | ||||||
23 | information obtained by the Director of Personnel shall be
| ||||||
24 | confidential and may not be transmitted outside the Office of | ||||||
25 | the
Secretary of State, except as required herein, and may not | ||||||
26 | be
transmitted to anyone within the Office of the Secretary of |
| |||||||
| |||||||
1 | State except
as needed for the purpose of evaluating the | ||||||
2 | application. The only
physical identity materials which the | ||||||
3 | applicant or prospective employee
can be required to provide | ||||||
4 | the Director of Personnel are photographs or
fingerprints; | ||||||
5 | these shall be returned to the applicant or prospective
| ||||||
6 | employee upon request to the Director of Personnel, after the
| ||||||
7 | investigation has been completed and no copy of these | ||||||
8 | materials may be
kept by the Director of Personnel or any | ||||||
9 | agency to which such identity
materials were transmitted. Only | ||||||
10 | information and standards which bear a
reasonable and rational | ||||||
11 | relation to the performance of an employee shall
be used by the | ||||||
12 | Director of Personnel. The Secretary of State shall
adopt | ||||||
13 | rules and regulations for the administration of this Section. | ||||||
14 | Any
employee of the Secretary of State who gives or causes to | ||||||
15 | be given away
any confidential information concerning any | ||||||
16 | criminal convictions and
their disposition of an applicant or | ||||||
17 | prospective employee shall be
guilty of a Class A misdemeanor | ||||||
18 | unless release of such information is
authorized by this | ||||||
19 | Section.
| ||||||
20 | (Source: P.A. 102-538, eff. 8-20-21; revised 12-2-21.)
| ||||||
21 | Section 80. The State Comptroller Act is amended by | ||||||
22 | setting forth and renumbering multiple
versions of Section 28 | ||||||
23 | as follows: | ||||||
24 | (15 ILCS 405/28) |
| |||||||
| |||||||
1 | Sec. 28. State Comptroller purchase of real property. | ||||||
2 | (a) Subject to the provisions of the Public Contract Fraud
| ||||||
3 | Act, the State Comptroller, on behalf of the State of | ||||||
4 | Illinois, is
authorized during State fiscal years 2021 and | ||||||
5 | 2022 to acquire
real property located in the City of | ||||||
6 | Springfield, which the State Comptroller deems necessary to | ||||||
7 | properly carry out
the powers and duties vested in him or her. | ||||||
8 | Real property
acquired under this Section may be acquired | ||||||
9 | subject to any
third party interests in the property that do | ||||||
10 | not prevent the
State Comptroller from exercising the intended | ||||||
11 | beneficial use of
such property. This subsection (a) is | ||||||
12 | inoperative on and after July 1, 2022. | ||||||
13 | (b) Subject to the provisions of the Comptroller's
| ||||||
14 | Procurement Rules, which shall be substantially in accordance
| ||||||
15 | with the requirements of the Illinois Procurement Code, the
| ||||||
16 | State Comptroller may: | ||||||
17 | (1) enter into contracts relating to construction,
| ||||||
18 | reconstruction, or renovation projects for any such
| ||||||
19 | buildings or lands acquired under subsection (a); and | ||||||
20 | (2) equip, lease, repair, operate, and maintain those | ||||||
21 | grounds,
buildings, and facilities as may be appropriate | ||||||
22 | to carry out
his or her statutory purposes and duties. | ||||||
23 | (c) The State Comptroller may enter into agreements for | ||||||
24 | the purposes of exercising his or her authority under this | ||||||
25 | Section. | ||||||
26 | (d) The exercise of the authority vested in the |
| |||||||
| |||||||
1 | Comptroller to acquire
property under this
Section is subject | ||||||
2 | to appropriation. | ||||||
3 | (e) The Capital Facility and Technology Modernization Fund | ||||||
4 | is hereby created as a special fund in the State treasury. | ||||||
5 | Subject to appropriation, moneys in the Fund shall be used by | ||||||
6 | the Comptroller for the purchase, reconstruction, lease, | ||||||
7 | repair, and maintenance of real property as may be acquired | ||||||
8 | under this Section, including for expenses related to the | ||||||
9 | modernization and maintenance of information technology | ||||||
10 | systems and infrastructure.
| ||||||
11 | (Source: P.A. 101-665, eff. 4-2-21.)
| ||||||
12 | (15 ILCS 405/29)
| ||||||
13 | Sec. 29 28 . Comptroller recess appointments. If, during a | ||||||
14 | recess of the Senate, there is a
vacancy in an office filled by | ||||||
15 | appointment by the Comptroller by
and with the advice and | ||||||
16 | consent of the Senate, the Comptroller
shall make a temporary | ||||||
17 | appointment until the next meeting of
the Senate, when he or | ||||||
18 | she shall make a nomination to fill such
office. Any | ||||||
19 | nomination not acted upon by the Senate within 60 session
days | ||||||
20 | after the receipt thereof shall be deemed to have
received the | ||||||
21 | advice and consent of the Senate. No person rejected by the | ||||||
22 | Senate for an office
shall, except at the Senate's request, be | ||||||
23 | nominated again for
that office at the same session or be | ||||||
24 | appointed to that
office during a recess of that Senate.
| ||||||
25 | (Source: P.A. 102-291, eff. 8-6-21; revised 10-27-21.)
|
| |||||||
| |||||||
1 | Section 85. The Comptroller Merit Employment Code is | ||||||
2 | amended by changing Section 10b.1 as follows:
| ||||||
3 | (15 ILCS 410/10b.1) (from Ch. 15, par. 426)
| ||||||
4 | Sec. 10b.1. Competitive examinations. For open competitive | ||||||
5 | examinations
to test the relative fitness of applicants for | ||||||
6 | the respective positions.
Tests shall be designed to eliminate | ||||||
7 | those who are not qualified for entrance
into the Office of the | ||||||
8 | Comptroller and to discover the relative fitness
of those who | ||||||
9 | are qualified. The Director may use any one of or any | ||||||
10 | combination
of the following examination methods which in his | ||||||
11 | judgment best serves this
end: investigation of education and | ||||||
12 | experience; test of cultural knowledge;
test of capacity; test | ||||||
13 | of knowledge; test of manual skill; test of linguistic
| ||||||
14 | ability; test of character; test of physical skill; test of | ||||||
15 | psychological
fitness. No person with a record of misdemeanor | ||||||
16 | convictions except those
under Sections 11-1.50, 11-6, 11-7, | ||||||
17 | 11-9, 11-14, 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, | ||||||
18 | 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, | ||||||
19 | 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, | ||||||
20 | subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and | ||||||
21 | paragraphs (1), (6), and (8) of subsection (a) sub-sections 1, | ||||||
22 | 6 and
8 of Section 24-1 of the Criminal Code of 1961 or the | ||||||
23 | Criminal Code of 2012, or arrested for any cause
but not | ||||||
24 | convicted thereon shall be disqualified
from taking such |
| |||||||
| |||||||
1 | examinations or subsequent appointment unless the person
is | ||||||
2 | attempting to qualify for a position which entails financial
| ||||||
3 | responsibilities,
in which case the person's conviction or | ||||||
4 | arrest record
may be considered as a factor in determining the | ||||||
5 | person's fitness for the
position. All examinations shall be | ||||||
6 | announced publicly at least 2 weeks
in advance of the date of | ||||||
7 | examinations and may be advertised through the
press, radio or | ||||||
8 | other media.
| ||||||
9 | The Director may, at his or her discretion, accept the | ||||||
10 | results of
competitive examinations
conducted by any merit | ||||||
11 | system established by Federal law or by the law of
any state | ||||||
12 | State , and may compile eligible lists therefrom or may add the | ||||||
13 | names
of successful candidates in examinations conducted by | ||||||
14 | those merit systems
to existing eligible lists in accordance | ||||||
15 | with their respective ratings.
No person who is a non-resident | ||||||
16 | of the State of Illinois may be appointed
from those eligible | ||||||
17 | lists, however, unless the requirement that applicants
be | ||||||
18 | residents of the State of Illinois is waived by the Director of | ||||||
19 | Human
Resources
and unless there are less than 3 Illinois | ||||||
20 | residents available for appointment
from the appropriate | ||||||
21 | eligible list. The results of the examinations conducted
by | ||||||
22 | other merit systems may not be used unless they are comparable | ||||||
23 | in difficulty
and comprehensiveness to examinations conducted | ||||||
24 | by the Department of Human
Resources
for similar positions. | ||||||
25 | Special linguistic options may also be established
where | ||||||
26 | deemed appropriate.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13; | ||||||
2 | revised 12-2-21.)
| ||||||
3 | Section 90. The Deposit of State Moneys Act is amended by | ||||||
4 | changing Section 22.5 as follows:
| ||||||
5 | (15 ILCS 520/22.5) (from Ch. 130, par. 41a)
| ||||||
6 | (For force and effect of certain provisions, see Section | ||||||
7 | 90 of P.A. 94-79) | ||||||
8 | Sec. 22.5. Permitted investments. The State Treasurer may | ||||||
9 | invest and reinvest any State money in the State Treasury
| ||||||
10 | which is not needed for current expenditures due or about to | ||||||
11 | become due, in
obligations of the United States government or | ||||||
12 | its agencies or of National
Mortgage Associations established | ||||||
13 | by or under the National Housing Act, 12
U.S.C. 1701 et seq., | ||||||
14 | or
in mortgage participation certificates representing | ||||||
15 | undivided interests in
specified, first-lien conventional | ||||||
16 | residential Illinois mortgages that are
underwritten, insured, | ||||||
17 | guaranteed, or purchased by the Federal Home Loan
Mortgage | ||||||
18 | Corporation or in Affordable Housing Program Trust Fund Bonds | ||||||
19 | or
Notes as defined in and issued pursuant to the Illinois | ||||||
20 | Housing Development
Act. All such obligations shall be | ||||||
21 | considered as cash and may
be delivered over as cash by a State | ||||||
22 | Treasurer to his successor.
| ||||||
23 | The State Treasurer may purchase
any state bonds with any | ||||||
24 | money in the State Treasury that has been set
aside and held |
| |||||||
| |||||||
1 | for the payment of the principal of and interest on the
bonds. | ||||||
2 | The bonds shall be considered as cash and may be delivered over
| ||||||
3 | as cash by the State Treasurer to his successor.
| ||||||
4 | The State Treasurer may invest or
reinvest any State money | ||||||
5 | in the State Treasury
that is not needed for current | ||||||
6 | expenditures due or about to become
due, or any money in the | ||||||
7 | State Treasury that has been set aside and
held for the payment | ||||||
8 | of the principal of and interest on any State
bonds, in bonds | ||||||
9 | issued by counties or municipal corporations of the
State of | ||||||
10 | Illinois.
| ||||||
11 | The State Treasurer may invest or reinvest up to 5% of the | ||||||
12 | College Savings Pool Administrative Trust Fund, the Illinois | ||||||
13 | Public Treasurer Investment Pool (IPTIP) Administrative Trust | ||||||
14 | Fund, and the State Treasurer's Administrative Fund that is | ||||||
15 | not needed for current expenditures due or about to become | ||||||
16 | due, in common or preferred stocks of publicly traded | ||||||
17 | corporations, partnerships, or limited liability companies, | ||||||
18 | organized in the United States, with assets exceeding | ||||||
19 | $500,000,000 if: (i) the purchases do not exceed 1% of the | ||||||
20 | corporation's or the limited liability company's outstanding | ||||||
21 | common and preferred stock; (ii) no more than 10% of the total | ||||||
22 | funds are invested in any one publicly traded corporation, | ||||||
23 | partnership, or limited liability company; and (iii) the | ||||||
24 | corporation or the limited liability company has not been | ||||||
25 | placed on the list of restricted companies by the Illinois | ||||||
26 | Investment Policy Board under Section 1-110.16 of the Illinois |
| |||||||
| |||||||
1 | Pension Code.
| ||||||
2 | Whenever the total amount of vouchers presented to the | ||||||
3 | Comptroller under Section 9 of the State Comptroller Act | ||||||
4 | exceeds the funds available in the General Revenue Fund by | ||||||
5 | $1,000,000,000 or more, then the State Treasurer may invest | ||||||
6 | any State money in the State Treasury, other than money in the | ||||||
7 | General Revenue Fund, Health Insurance Reserve Fund, Attorney | ||||||
8 | General Court Ordered and Voluntary Compliance Payment | ||||||
9 | Projects Fund, Attorney General Whistleblower Reward and | ||||||
10 | Protection Fund, and Attorney General's State Projects and | ||||||
11 | Court Ordered Distribution Fund, which is not needed for | ||||||
12 | current expenditures, due or about to become due, or any money | ||||||
13 | in the State Treasury which has been set aside and held for the | ||||||
14 | payment of the principal of and the interest on any State bonds | ||||||
15 | with the Office of the Comptroller in order to enable the | ||||||
16 | Comptroller to pay outstanding vouchers. At any time, and from | ||||||
17 | time to time outstanding, such investment shall not be greater | ||||||
18 | than $2,000,000,000. Such investment shall be deposited into | ||||||
19 | the General Revenue Fund or Health Insurance Reserve Fund as | ||||||
20 | determined by the Comptroller. Such investment shall be repaid | ||||||
21 | by the Comptroller with an interest rate tied to the London | ||||||
22 | Interbank Offered Rate (LIBOR) or the Federal Funds Rate or an | ||||||
23 | equivalent market established variable rate, but in no case | ||||||
24 | shall such interest rate exceed the lesser of the penalty rate | ||||||
25 | established under the State Prompt Payment Act or the timely | ||||||
26 | pay interest rate under Section 368a of the Illinois Insurance |
| |||||||
| |||||||
1 | Code. The State Treasurer and the Comptroller shall enter into | ||||||
2 | an intergovernmental agreement to establish procedures for | ||||||
3 | such investments, which market established variable rate to | ||||||
4 | which the interest rate for the investments should be tied, | ||||||
5 | and other terms which the State Treasurer and Comptroller | ||||||
6 | reasonably believe to be mutually beneficial concerning these | ||||||
7 | investments by the State Treasurer. The State Treasurer and | ||||||
8 | Comptroller shall also enter into a written agreement for each | ||||||
9 | such investment that specifies the period of the investment, | ||||||
10 | the payment interval, the interest rate to be paid, the funds | ||||||
11 | in the State Treasury from which the State Treasurer will draw | ||||||
12 | the investment, and other terms upon which the State Treasurer | ||||||
13 | and Comptroller mutually agree. Such investment agreements | ||||||
14 | shall be public records and the State Treasurer shall post the | ||||||
15 | terms of all such investment agreements on the State | ||||||
16 | Treasurer's official website. In compliance with the | ||||||
17 | intergovernmental agreement, the Comptroller shall order and | ||||||
18 | the State Treasurer shall transfer amounts sufficient for the | ||||||
19 | payment of principal and interest invested by the State | ||||||
20 | Treasurer with the Office of the Comptroller under this | ||||||
21 | paragraph from the General Revenue Fund or the Health | ||||||
22 | Insurance Reserve Fund to the respective funds in the State | ||||||
23 | Treasury from which the State Treasurer drew the investment. | ||||||
24 | Public Act 100-1107 shall constitute an irrevocable and | ||||||
25 | continuing authority for all amounts necessary for the payment | ||||||
26 | of principal and interest on the investments made with the |
| |||||||
| |||||||
1 | Office of the Comptroller by the State Treasurer under this | ||||||
2 | paragraph, and the irrevocable and continuing authority for | ||||||
3 | and direction to the Comptroller and State Treasurer to make | ||||||
4 | the necessary transfers. | ||||||
5 | The State Treasurer may invest or
reinvest any State money | ||||||
6 | in the State Treasury that is not needed for current
| ||||||
7 | expenditure, due or about to become due, or any money in the | ||||||
8 | State Treasury
that has been set aside and held for the payment | ||||||
9 | of the principal of and
the interest on any State bonds, in any | ||||||
10 | of the following:
| ||||||
11 | (1) Bonds, notes, certificates of indebtedness, | ||||||
12 | Treasury bills, or other
securities now or hereafter | ||||||
13 | issued that are guaranteed by the full faith
and credit of | ||||||
14 | the United States of America as to principal and interest.
| ||||||
15 | (2) Bonds, notes, debentures, or other similar | ||||||
16 | obligations of the United
States of America, its agencies, | ||||||
17 | and instrumentalities, or other obligations that are | ||||||
18 | issued or guaranteed by supranational entities; provided, | ||||||
19 | that at the time of investment, the entity has the United | ||||||
20 | States government as a shareholder.
| ||||||
21 | (2.5) Bonds, notes, debentures, or other similar | ||||||
22 | obligations of a
foreign government, other than the | ||||||
23 | Republic of the Sudan, that are guaranteed by the full | ||||||
24 | faith and credit of that
government as to principal and | ||||||
25 | interest, but only if the foreign government
has not | ||||||
26 | defaulted and has met its payment obligations in a timely |
| |||||||
| |||||||
1 | manner on
all similar obligations for a period of at least | ||||||
2 | 25 years immediately before
the time of acquiring those | ||||||
3 | obligations.
| ||||||
4 | (3) Interest-bearing savings accounts, | ||||||
5 | interest-bearing certificates of
deposit, | ||||||
6 | interest-bearing time deposits, or any other investments
| ||||||
7 | constituting direct obligations of any bank as defined by | ||||||
8 | the Illinois
Banking Act.
| ||||||
9 | (4) Interest-bearing accounts, certificates of | ||||||
10 | deposit, or any other
investments constituting direct | ||||||
11 | obligations of any savings and loan
associations | ||||||
12 | incorporated under the laws of this State or any other | ||||||
13 | state or
under the laws of the United States.
| ||||||
14 | (5) Dividend-bearing share accounts, share certificate | ||||||
15 | accounts, or
class of share accounts of a credit union | ||||||
16 | chartered under the laws of this
State or the laws of the | ||||||
17 | United States; provided, however, the principal
office of | ||||||
18 | the credit union must be located within the State of | ||||||
19 | Illinois.
| ||||||
20 | (6) Bankers' acceptances of banks whose senior | ||||||
21 | obligations are rated in
the top 2 rating categories by 2 | ||||||
22 | national rating agencies and maintain that
rating during | ||||||
23 | the term of the investment and the bank has not been placed | ||||||
24 | on the list of restricted companies by the Illinois | ||||||
25 | Investment Policy Board under Section 1-110.16 of the | ||||||
26 | Illinois Pension Code.
|
| |||||||
| |||||||
1 | (7) Short-term obligations of either corporations or | ||||||
2 | limited liability companies organized in the United
States | ||||||
3 | with assets exceeding $500,000,000 if (i) the obligations | ||||||
4 | are rated
at the time of purchase at one of the 3 highest | ||||||
5 | classifications established
by at least 2 standard rating | ||||||
6 | services and mature not later than 270
days from the date | ||||||
7 | of purchase, (ii) the purchases do not exceed 10% of
the | ||||||
8 | corporation's or the limited liability company's | ||||||
9 | outstanding obligations, (iii) no more than one-third of
| ||||||
10 | the public agency's funds are invested in short-term | ||||||
11 | obligations of
either corporations or limited liability | ||||||
12 | companies, and (iv) the corporation or the limited | ||||||
13 | liability company has not been placed on the list of | ||||||
14 | restricted companies by the Illinois Investment Policy | ||||||
15 | Board under Section 1-110.16 of the Illinois Pension Code.
| ||||||
16 | (7.5) Obligations of either corporations or limited | ||||||
17 | liability companies organized in the United States, that | ||||||
18 | have a significant presence in this State, with assets | ||||||
19 | exceeding $500,000,000 if: (i) the obligations are rated | ||||||
20 | at the time of purchase at one of the 3 highest | ||||||
21 | classifications established by at least 2 standard rating | ||||||
22 | services and mature more than 270 days, but less than 10 | ||||||
23 | years, from the date of purchase; (ii) the purchases do | ||||||
24 | not exceed 10% of the corporation's or the limited | ||||||
25 | liability company's outstanding obligations; (iii) no more | ||||||
26 | than one-third of the public agency's funds are invested |
| |||||||
| |||||||
1 | in such obligations of corporations or limited liability | ||||||
2 | companies; and (iv) the corporation or the limited | ||||||
3 | liability company has not been placed on the list of | ||||||
4 | restricted companies by the Illinois Investment Policy | ||||||
5 | Board under Section 1-110.16 of the Illinois Pension Code. | ||||||
6 | (8) Money market mutual funds registered under the | ||||||
7 | Investment Company
Act of 1940.
| ||||||
8 | (9) The Public Treasurers' Investment Pool created | ||||||
9 | under Section 17 of
the State Treasurer Act or in a fund | ||||||
10 | managed, operated, and administered by
a bank.
| ||||||
11 | (10) Repurchase agreements of government securities | ||||||
12 | having the meaning
set out in the Government Securities | ||||||
13 | Act of 1986, as now or hereafter amended or succeeded, | ||||||
14 | subject to the provisions
of that Act and the regulations | ||||||
15 | issued thereunder.
| ||||||
16 | (11) Investments made in accordance with the | ||||||
17 | Technology Development
Act.
| ||||||
18 | (12) Investments made in accordance with the Student | ||||||
19 | Investment Account Act. | ||||||
20 | (13) Investments constituting direct obligations of a | ||||||
21 | community development financial institution, which is | ||||||
22 | certified by the United States Treasury Community | ||||||
23 | Development Financial Institutions Fund and is operating | ||||||
24 | in the State of Illinois. | ||||||
25 | (14) Investments constituting direct obligations of a | ||||||
26 | minority depository institution, as designated by the |
| |||||||
| |||||||
1 | Federal Deposit Insurance Corporation, that is operating | ||||||
2 | in the State of Illinois. | ||||||
3 | (15) (13) Investments made in accordance with any | ||||||
4 | other law that authorizes the State Treasurer to invest or | ||||||
5 | deposit funds. | ||||||
6 | For purposes of this Section, "agencies" of the United | ||||||
7 | States
Government includes:
| ||||||
8 | (i) the federal land banks, federal intermediate | ||||||
9 | credit banks, banks for
cooperatives, federal farm credit | ||||||
10 | banks, or any other entity authorized
to issue debt | ||||||
11 | obligations under the Farm Credit Act of 1971 (12 U.S.C. | ||||||
12 | 2001
et seq.) and Acts amendatory thereto;
| ||||||
13 | (ii) the federal home loan banks and the federal home | ||||||
14 | loan
mortgage corporation;
| ||||||
15 | (iii) the Commodity Credit Corporation; and
| ||||||
16 | (iv) any other agency created by Act of Congress.
| ||||||
17 | The State Treasurer may lend any securities
acquired under | ||||||
18 | this Act. However, securities may be lent under this Section
| ||||||
19 | only in accordance with Federal Financial Institution | ||||||
20 | Examination Council
guidelines and only if the securities are | ||||||
21 | collateralized at a level sufficient
to assure the safety of | ||||||
22 | the securities, taking into account market value
fluctuation. | ||||||
23 | The securities may be collateralized by cash or collateral
| ||||||
24 | acceptable under Sections 11 and 11.1.
| ||||||
25 | (Source: P.A. 101-81, eff. 7-12-19; 101-206, eff. 8-2-19; | ||||||
26 | 101-586, eff. 8-26-19; 101-657, eff. 3-23-21; 102-297, eff. |
| |||||||
| |||||||
1 | 8-6-21; 102-558, eff. 8-20-21; revised 10-6-21.)
| ||||||
2 | Section 95. The Civil Administrative Code of Illinois is | ||||||
3 | amended by changing Section 5-715 as follows: | ||||||
4 | (20 ILCS 5/5-715) | ||||||
5 | Sec. 5-715. Expedited licensure for service members and | ||||||
6 | spouses. | ||||||
7 | (a) In this Section, "service member" means any person | ||||||
8 | who, at the time of application under this Section, is an | ||||||
9 | active duty member of the United States Armed Forces or any | ||||||
10 | reserve component of the United States Armed Forces, the Coast | ||||||
11 | Guard, or the National Guard of any state, commonwealth, or | ||||||
12 | territory of the United States or the District of Columbia or | ||||||
13 | whose active duty service concluded within the preceding 2 | ||||||
14 | years before application. | ||||||
15 | (a-5) The Department of Financial and Professional | ||||||
16 | Regulation shall within 180 days after January 1, 2020 (the | ||||||
17 | effective date of Public Act 101-240) designate one staff | ||||||
18 | member as the military liaison within the Department of | ||||||
19 | Financial and Professional Regulation to ensure proper | ||||||
20 | enactment of the requirements of this Section. The military | ||||||
21 | liaison's responsibilities shall also include, but are not | ||||||
22 | limited to: (1) the management of all expedited applications | ||||||
23 | to ensure processing within 30 days after receipt of a | ||||||
24 | completed application; (2) coordination with all military |
| |||||||
| |||||||
1 | installation military and family support center directors | ||||||
2 | within this State, including virtual, phone, or in-person | ||||||
3 | periodic meetings with each military installation military and | ||||||
4 | family support center; and (3) training by the military | ||||||
5 | liaison to all directors of each division that issues an | ||||||
6 | occupational or professional license to ensure proper | ||||||
7 | application of this Section. At the end of each calendar year, | ||||||
8 | the military liaison shall provide an annual report | ||||||
9 | documenting the expedited licensure program for service | ||||||
10 | members and spouses, and shall deliver that report to the | ||||||
11 | Secretary of Financial and Professional Regulation and the | ||||||
12 | Lieutenant Governor. | ||||||
13 | (b) Each director of a department that issues an | ||||||
14 | occupational or professional license is authorized to and | ||||||
15 | shall issue an expedited license to a service member who meets | ||||||
16 | the requirements under this Section. Review and determination | ||||||
17 | of an application for a license issued by the department shall | ||||||
18 | be expedited by the department within 30 days after the date on | ||||||
19 | which the department receives all necessary documentation | ||||||
20 | required for licensure, including any required information | ||||||
21 | from State and federal agencies. An expedited license shall be | ||||||
22 | issued by the department to any service members meeting the | ||||||
23 | application requirements of this Section, regardless of | ||||||
24 | whether the service member currently resides in this State. | ||||||
25 | The service member shall apply to the department on forms | ||||||
26 | provided by the department. An application must include proof |
| |||||||
| |||||||
1 | that: | ||||||
2 | (1) the applicant is a service member; | ||||||
3 | (2) the applicant holds a valid license in good | ||||||
4 | standing for the occupation or profession issued by | ||||||
5 | another state, commonwealth, possession, or territory of | ||||||
6 | the United States, the District of Columbia, or any | ||||||
7 | foreign jurisdiction; | ||||||
8 | (2.5) the applicant meets the requirements and | ||||||
9 | standards for licensure through endorsement or reciprocity | ||||||
10 | for the occupation or profession for which the applicant | ||||||
11 | is applying; | ||||||
12 | (3) the applicant is assigned to a duty station in | ||||||
13 | this State, has established legal residence in this State, | ||||||
14 | or will reside in this State within 6 months after the date | ||||||
15 | of application for licensure; | ||||||
16 | (4) a complete set of the applicant's fingerprints has | ||||||
17 | been submitted to the Illinois State Police for statewide | ||||||
18 | and national criminal history checks, if applicable to the | ||||||
19 | requirements of the department issuing the license; the | ||||||
20 | applicant shall pay the fee to the Illinois State Police | ||||||
21 | or to the fingerprint vendor for electronic fingerprint | ||||||
22 | processing; no temporary occupational or professional | ||||||
23 | license shall be issued to an applicant if the statewide | ||||||
24 | or national criminal history check discloses information | ||||||
25 | that would cause the denial of an application for | ||||||
26 | licensure under any applicable occupational or |
| |||||||
| |||||||
1 | professional licensing Act; | ||||||
2 | (5) the applicant is not ineligible for licensure | ||||||
3 | pursuant to Section 2105-165 of the Civil Administrative | ||||||
4 | Code of Illinois; | ||||||
5 | (6) the applicant has submitted an application for | ||||||
6 | full licensure; and | ||||||
7 | (7) the applicant has paid the required fee; fees | ||||||
8 | shall not be refundable. | ||||||
9 | (c) Each director of a department that issues an | ||||||
10 | occupational or professional license is authorized to and | ||||||
11 | shall issue an expedited license to the spouse of a service | ||||||
12 | member who meets the requirements under this Section. Review | ||||||
13 | and determination of an application for a license shall be | ||||||
14 | expedited by the department within 30 days after the date on | ||||||
15 | which the department receives all necessary documentation | ||||||
16 | required for licensure, including information from State and | ||||||
17 | federal agencies. An expedited license shall be issued by the | ||||||
18 | department to any spouse of a service member meeting the | ||||||
19 | application requirements of this Section, regardless of | ||||||
20 | whether the spouse or the service member currently resides | ||||||
21 | reside in this State. The spouse of a service member shall | ||||||
22 | apply to the department on forms provided by the department. | ||||||
23 | An application must include proof that: | ||||||
24 | (1) the applicant is the spouse of a service member; | ||||||
25 | (2) the applicant holds a valid license in good | ||||||
26 | standing for the occupation or profession issued by |
| |||||||
| |||||||
1 | another state, commonwealth, possession, or territory of | ||||||
2 | the United States, the District of Columbia, or any | ||||||
3 | foreign jurisdiction; | ||||||
4 | (2.5) the applicant meets the requirements and | ||||||
5 | standards for licensure through endorsement or reciprocity | ||||||
6 | for the occupation or profession for which the applicant | ||||||
7 | is applying; | ||||||
8 | (3) the applicant's spouse is assigned to a duty | ||||||
9 | station in this State, has established legal residence in | ||||||
10 | this State, or will reside in this State within 6 months | ||||||
11 | after the date of application for licensure; | ||||||
12 | (4) a complete set of the applicant's fingerprints has | ||||||
13 | been submitted to the Illinois State Police for statewide | ||||||
14 | and national criminal history checks, if applicable to the | ||||||
15 | requirements of the department issuing the license; the | ||||||
16 | applicant shall pay the fee to the Illinois State Police | ||||||
17 | or to the fingerprint vendor for electronic fingerprint | ||||||
18 | processing; no temporary occupational or professional | ||||||
19 | license shall be issued to an applicant if the statewide | ||||||
20 | or national criminal history check discloses information | ||||||
21 | that would cause the denial of an application for | ||||||
22 | licensure under any applicable occupational or | ||||||
23 | professional licensing Act; | ||||||
24 | (5) the applicant is not ineligible for licensure | ||||||
25 | pursuant to Section 2105-165 of the Civil Administrative | ||||||
26 | Code of Illinois; |
| |||||||
| |||||||
1 | (6) the applicant has submitted an application for | ||||||
2 | full licensure; and | ||||||
3 | (7) the applicant has paid the required fee; fees | ||||||
4 | shall not be refundable. | ||||||
5 | (c-5) If a service member or his or her spouse relocates | ||||||
6 | from this State, he or she shall be provided an opportunity to | ||||||
7 | place his or her license in inactive status through | ||||||
8 | coordination with the military liaison. If the service member | ||||||
9 | or his or her spouse returns to this State, he or she may | ||||||
10 | reactivate the license in accordance with the statutory | ||||||
11 | provisions regulating the profession and any applicable | ||||||
12 | administrative rules. The license reactivation shall be | ||||||
13 | expedited and completed within 30 days after receipt of a | ||||||
14 | completed application to reactivate the license. A license | ||||||
15 | reactivation is only applicable when the valid license for | ||||||
16 | which the first issuance of a license was predicated is still | ||||||
17 | valid and in good standing. An application to reactivate a | ||||||
18 | license must include proof that
the applicant still holds a | ||||||
19 | valid license in good standing for the occupation or | ||||||
20 | profession issued in another State, commonwealth, possession, | ||||||
21 | or territory of the United States, the District of Columbia, | ||||||
22 | or any foreign jurisdiction. | ||||||
23 | (d) All relevant experience of a service member or his or | ||||||
24 | her spouse in the discharge of official duties, including | ||||||
25 | full-time and part-time experience, shall be credited in the | ||||||
26 | calculation of any years of practice in an occupation or |
| |||||||
| |||||||
1 | profession as may be required under any applicable | ||||||
2 | occupational or professional licensing Act. All relevant | ||||||
3 | training provided by the military and completed by a service | ||||||
4 | member shall be credited to that service member as meeting any | ||||||
5 | training or education requirement under any applicable | ||||||
6 | occupational or professional licensing Act, provided that the | ||||||
7 | training or education is determined by the department to meet | ||||||
8 | the requirements under any applicable Act and is not otherwise | ||||||
9 | contrary to any other licensure requirement. | ||||||
10 | (e) A department may adopt any rules necessary for the | ||||||
11 | implementation and administration of this Section and shall by | ||||||
12 | rule provide for fees for the administration of this Section.
| ||||||
13 | (Source: P.A. 101-240, eff. 1-1-20; 102-384, eff. 1-1-22; | ||||||
14 | 102-538, eff. 8-20-21; revised 1-15-22.) | ||||||
15 | Section 100. The Substance Use Disorder Act is amended by | ||||||
16 | changing Section 30-5 as follows:
| ||||||
17 | (20 ILCS 301/30-5)
| ||||||
18 | Sec. 30-5. Patients' rights established.
| ||||||
19 | (a) For purposes of this Section, "patient" means any | ||||||
20 | person who is
receiving or has received early intervention, | ||||||
21 | treatment, or other recovery support services under
this Act | ||||||
22 | or any category of service licensed as "intervention" under | ||||||
23 | this Act.
| ||||||
24 | (b) No patient shall be deprived of any rights, benefits,
|
| |||||||
| |||||||
1 | or privileges guaranteed by law, the Constitution of the | ||||||
2 | United States of
America, or the Constitution of the State of | ||||||
3 | Illinois solely because of his
or her status as a patient.
| ||||||
4 | (c) Persons who have substance use disorders who are
also | ||||||
5 | suffering from medical conditions shall not be discriminated | ||||||
6 | against in
admission or treatment by any hospital that | ||||||
7 | receives support in any form supported in whole or in part by | ||||||
8 | funds appropriated to any State
department or agency.
| ||||||
9 | (d) Every patient shall have impartial access to services | ||||||
10 | without regard to
race, religion, sex, ethnicity, age, sexual | ||||||
11 | orientation, gender identity, marital status, or other | ||||||
12 | disability.
| ||||||
13 | (e) Patients shall be permitted the free exercise of | ||||||
14 | religion.
| ||||||
15 | (f) Every patient's personal dignity shall be recognized | ||||||
16 | in the provision
of services, and a patient's personal privacy | ||||||
17 | shall be assured and protected
within the constraints of his | ||||||
18 | or her individual treatment.
| ||||||
19 | (g) Treatment services shall be provided in the least | ||||||
20 | restrictive
environment possible.
| ||||||
21 | (h) Each patient receiving treatment services shall be | ||||||
22 | provided an individual treatment plan, which
shall be | ||||||
23 | periodically reviewed and updated as mandated by | ||||||
24 | administrative rule.
| ||||||
25 | (i) Treatment shall be person-centered, meaning that every | ||||||
26 | patient shall be permitted to participate in the planning of |
| |||||||
| |||||||
1 | his
or her total care and medical treatment to the extent that | ||||||
2 | his or her condition permits.
| ||||||
3 | (j) A person shall not be denied treatment solely because | ||||||
4 | he or she has withdrawn
from treatment against medical advice | ||||||
5 | on a prior occasion or had prior treatment episodes.
| ||||||
6 | (k) The patient in residential treatment shall be | ||||||
7 | permitted visits by family and
significant others, unless such | ||||||
8 | visits are clinically contraindicated.
| ||||||
9 | (l) A patient in residential treatment shall be allowed to | ||||||
10 | conduct private telephone
conversations with family and | ||||||
11 | friends unless clinically contraindicated.
| ||||||
12 | (m) A patient in residential treatment shall be permitted | ||||||
13 | to send and receive mail without
hindrance, unless clinically | ||||||
14 | contraindicated.
| ||||||
15 | (n) A patient shall be permitted to manage his or her own | ||||||
16 | financial affairs unless
the patient or the patient's | ||||||
17 | guardian, or if the patient is a minor, the patient's parent, | ||||||
18 | authorizes
another competent person to do so.
| ||||||
19 | (o) A patient shall be permitted to request the opinion of | ||||||
20 | a consultant at
his or her own expense, or to request an | ||||||
21 | in-house review of a treatment plan, as
provided in the | ||||||
22 | specific procedures of the provider. A treatment provider is
| ||||||
23 | not liable for the negligence of any consultant.
| ||||||
24 | (p) Unless otherwise prohibited by State or federal law, | ||||||
25 | every patient
shall be permitted to obtain from his or her own | ||||||
26 | physician, the treatment provider, or
the treatment provider's |
| |||||||
| |||||||
1 | consulting physician complete and current information
| ||||||
2 | concerning the nature of care, procedures, and treatment that | ||||||
3 | he or she will receive.
| ||||||
4 | (q) A patient shall be permitted to refuse to participate | ||||||
5 | in any
experimental research or medical procedure without | ||||||
6 | compromising his or her access to
other, non-experimental | ||||||
7 | services. Before a patient is placed in an
experimental | ||||||
8 | research or medical procedure, the provider must first obtain | ||||||
9 | his
or her informed written consent or otherwise comply with | ||||||
10 | the federal requirements
regarding the protection of human | ||||||
11 | subjects contained in 45 CFR C.F.R.
Part 46.
| ||||||
12 | (r) All medical treatment and procedures shall be | ||||||
13 | administered as ordered
by a physician and in accordance with | ||||||
14 | all Department rules.
| ||||||
15 | (s) Every patient in treatment shall be permitted to | ||||||
16 | refuse medical treatment and to
know the consequences of such | ||||||
17 | action. Such refusal by a patient shall free the
treatment | ||||||
18 | licensee from the obligation to provide the treatment.
| ||||||
19 | (t) Unless otherwise prohibited by State or federal law, | ||||||
20 | every patient,
patient's guardian, or parent, if the patient | ||||||
21 | is a minor, shall be permitted to
inspect and copy all clinical | ||||||
22 | and other records kept by the intervention or treatment | ||||||
23 | licensee
or by his or her physician concerning his or her care | ||||||
24 | and maintenance. The licensee
or physician may charge a | ||||||
25 | reasonable fee for the duplication of a record.
| ||||||
26 | (u) No owner, licensee, administrator, employee, or agent |
| |||||||
| |||||||
1 | of a licensed intervention or treatment
program shall abuse or | ||||||
2 | neglect a patient. It is the duty of any individual who becomes | ||||||
3 | aware of such abuse or neglect to report it to
the Department | ||||||
4 | immediately.
| ||||||
5 | (v) The licensee may refuse access to any
person if the | ||||||
6 | actions of that person are or could be
injurious to the health | ||||||
7 | and safety of a patient or the licensee, or if the
person seeks | ||||||
8 | access for commercial purposes.
| ||||||
9 | (w) All patients admitted to community-based treatment | ||||||
10 | facilities shall be considered voluntary treatment patients | ||||||
11 | and such patients shall not be contained within a locked | ||||||
12 | setting.
| ||||||
13 | (x) Patients and their families or legal guardians shall | ||||||
14 | have the right to
present complaints to the provider or the | ||||||
15 | Department concerning the quality of care provided to the | ||||||
16 | patient,
without threat of discharge or reprisal in any form | ||||||
17 | or manner whatsoever. The complaint process and procedure | ||||||
18 | shall be adopted by the Department by rule. The
treatment | ||||||
19 | provider shall have in place a mechanism for receiving and | ||||||
20 | responding
to such complaints, and shall inform the patient | ||||||
21 | and the patient's family or legal
guardian of this mechanism | ||||||
22 | and how to use it. The provider shall analyze any
complaint | ||||||
23 | received and, when indicated, take appropriate corrective | ||||||
24 | action.
Every patient and his or her family member or legal | ||||||
25 | guardian who makes a complaint
shall receive a timely response | ||||||
26 | from the provider that substantively addresses
the complaint. |
| |||||||
| |||||||
1 | The provider shall inform the patient and the patient's family | ||||||
2 | or legal
guardian about other sources of assistance if the | ||||||
3 | provider has not resolved the
complaint to the satisfaction of | ||||||
4 | the patient or the patient's family or legal guardian.
| ||||||
5 | (y) A patient may refuse to perform labor at a program | ||||||
6 | unless such labor
is a part of the patient's individual | ||||||
7 | treatment plan as documented in the patient's clinical
record.
| ||||||
8 | (z) A person who is in need of services may apply for | ||||||
9 | voluntary admission
in the manner and with the rights provided | ||||||
10 | for under
regulations promulgated by the Department. If a | ||||||
11 | person is refused admission, then staff, subject to rules
| ||||||
12 | promulgated by the Department, shall refer the person to | ||||||
13 | another facility or to other appropriate services.
| ||||||
14 | (aa) No patient shall be denied services based solely on | ||||||
15 | HIV status.
Further, records and information governed by the | ||||||
16 | AIDS Confidentiality Act and
the AIDS Confidentiality and | ||||||
17 | Testing Code (77 Ill. Adm. Code 697) shall be
maintained in | ||||||
18 | accordance therewith.
| ||||||
19 | (bb) Records of the identity, diagnosis, prognosis or | ||||||
20 | treatment of any
patient maintained in connection with the | ||||||
21 | performance of any service or
activity relating to substance | ||||||
22 | use disorder education, early
intervention, intervention, | ||||||
23 | training, or treatment that is
regulated, authorized, or | ||||||
24 | directly or indirectly assisted by any Department or
agency of | ||||||
25 | this State or under any provision of this Act shall be | ||||||
26 | confidential
and may be disclosed only in accordance with the |
| |||||||
| |||||||
1 | provisions of federal law and
regulations concerning the | ||||||
2 | confidentiality of substance use disorder patient
records as | ||||||
3 | contained in 42 U.S.C. Sections 290dd-2 and 42 CFR C.F.R.
Part | ||||||
4 | 2, or any successor federal statute or regulation.
| ||||||
5 | (1) The following are exempt from the confidentiality | ||||||
6 | protections set
forth in 42 CFR C.F.R. Section 2.12(c):
| ||||||
7 | (A) Veteran's Administration records.
| ||||||
8 | (B) Information obtained by the Armed Forces.
| ||||||
9 | (C) Information given to qualified service | ||||||
10 | organizations.
| ||||||
11 | (D) Communications within a program or between a | ||||||
12 | program and an entity
having direct administrative | ||||||
13 | control over that program.
| ||||||
14 | (E) Information given to law enforcement personnel | ||||||
15 | investigating a
patient's commission of a crime on the | ||||||
16 | program premises or against program
personnel.
| ||||||
17 | (F) Reports under State law of incidents of | ||||||
18 | suspected child abuse and
neglect; however, | ||||||
19 | confidentiality restrictions continue to
apply to the | ||||||
20 | records and any follow-up information for disclosure | ||||||
21 | and use in
civil or criminal proceedings arising from | ||||||
22 | the report of suspected abuse or
neglect.
| ||||||
23 | (2) If the information is not exempt, a disclosure can | ||||||
24 | be made only under
the following circumstances:
| ||||||
25 | (A) With patient consent as set forth in 42 CFR | ||||||
26 | C.F.R. Sections 2.1(b)(1)
and 2.31, and as consistent |
| |||||||
| |||||||
1 | with pertinent State law.
| ||||||
2 | (B) For medical emergencies as set forth in 42 CFR | ||||||
3 | C.F.R. Sections
2.1(b)(2) and 2.51.
| ||||||
4 | (C) For research activities as set forth in 42 CFR | ||||||
5 | C.F.R. Sections
2.1(b)(2) and 2.52.
| ||||||
6 | (D) For audit evaluation activities as set forth | ||||||
7 | in 42 CFR C.F.R. Section
2.53.
| ||||||
8 | (E) With a court order as set forth in 42 CFR | ||||||
9 | C.F.R. Sections 2.61 through
2.67.
| ||||||
10 | (3) The restrictions on disclosure and use of patient | ||||||
11 | information apply
whether the holder of the information | ||||||
12 | already has it, has other means of
obtaining it, is a law | ||||||
13 | enforcement or other official, has obtained a subpoena,
or | ||||||
14 | asserts any other justification for a disclosure or use | ||||||
15 | that is not
permitted by 42 CFR C.F.R. Part 2. Any court | ||||||
16 | orders authorizing disclosure of
patient records under | ||||||
17 | this Act must comply with the procedures and criteria set
| ||||||
18 | forth in 42 CFR C.F.R. Sections 2.64 and 2.65. Except as | ||||||
19 | authorized by a court
order granted under this Section, no | ||||||
20 | record referred to in this Section may be
used to initiate | ||||||
21 | or substantiate any charges against a patient or to | ||||||
22 | conduct
any investigation of a patient.
| ||||||
23 | (4) The prohibitions of this subsection shall apply to | ||||||
24 | records concerning
any person who has been a patient, | ||||||
25 | regardless of whether or when the person ceases to
be a | ||||||
26 | patient.
|
| |||||||
| |||||||
1 | (5) Any person who discloses the content of any record | ||||||
2 | referred to in this
Section except as authorized shall, | ||||||
3 | upon conviction, be guilty of a Class A
misdemeanor.
| ||||||
4 | (6) The Department shall prescribe regulations to | ||||||
5 | carry out the purposes
of
this subsection. These | ||||||
6 | regulations may contain such definitions, and may
provide | ||||||
7 | for such safeguards and procedures, including procedures | ||||||
8 | and criteria
for the issuance and scope of court orders, | ||||||
9 | as in the judgment of the
Department are necessary or | ||||||
10 | proper to effectuate the purposes of this Section,
to | ||||||
11 | prevent circumvention or evasion thereof, or to facilitate | ||||||
12 | compliance
therewith.
| ||||||
13 | (cc) Each patient shall be given a written explanation of | ||||||
14 | all the rights
enumerated in this Section and a copy, signed by | ||||||
15 | the patient, shall be kept in every patient record. If a | ||||||
16 | patient is unable to read such written
explanation, it shall | ||||||
17 | be read to the patient in a language that the patient
| ||||||
18 | understands. A copy of all the rights enumerated in this | ||||||
19 | Section shall be
posted in a conspicuous place within the | ||||||
20 | program where it may readily be
seen and read by program | ||||||
21 | patients and visitors.
| ||||||
22 | (dd) The program shall ensure that its staff is familiar | ||||||
23 | with and observes
the rights and responsibilities enumerated | ||||||
24 | in this Section.
| ||||||
25 | (ee) Licensed organizations shall comply with the right of | ||||||
26 | any adolescent to consent to treatment without approval of the |
| |||||||
| |||||||
1 | parent or legal guardian in accordance with the Consent by | ||||||
2 | Minors to Health Care Services Medical Procedures Act. | ||||||
3 | (ff) At the point of admission for services, licensed | ||||||
4 | organizations must obtain written informed consent, as defined | ||||||
5 | in Section 1-10 and in administrative rule, from each client, | ||||||
6 | patient, or legal guardian. | ||||||
7 | (Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19; | ||||||
8 | revised 12-1-21.)
| ||||||
9 | Section 105. The Department of Central Management Services | ||||||
10 | Law of the
Civil Administrative Code of Illinois is amended by | ||||||
11 | by setting forth and renumbering multiple
versions of Section | ||||||
12 | 405-535 as follows: | ||||||
13 | (20 ILCS 405/405-535) | ||||||
14 | Sec. 405-535. Race and gender wage reports. | ||||||
15 | (a) Each State agency and public institution of higher | ||||||
16 | education shall annually submit to the Commission on Equity | ||||||
17 | and Inclusion a report, categorized by both race and gender, | ||||||
18 | specifying the respective wage earnings of employees of that | ||||||
19 | State agency or public institution of higher education. | ||||||
20 | (b) The Commission shall compile the information submitted | ||||||
21 | under this Section and make that information available to the | ||||||
22 | public on the Internet website of the Commission. | ||||||
23 | (c) The Commission shall annually submit a report of the | ||||||
24 | information compiled under this Section to the Governor and |
| |||||||
| |||||||
1 | the General Assembly. | ||||||
2 | (d) As used in this Section: | ||||||
3 | "Public institution of higher education" has the meaning | ||||||
4 | provided in Section 1 of the Board of Higher Education Act. | ||||||
5 | "State agency" has the meaning provided in subsection (b) | ||||||
6 | of Section 405-5. | ||||||
7 | (Source: P.A. 101-657, Article 25, Section 25-5, eff. 3-23-21; | ||||||
8 | 102-29, eff. 6-25-21.)
| ||||||
9 | (20 ILCS 405/405-536)
| ||||||
10 | Sec. 405-536 405-535 . State building municipal | ||||||
11 | identification card access. Any State-owned building that | ||||||
12 | requires the display of a State-issued identification card for | ||||||
13 | the purpose of gaining access to the premises shall, in | ||||||
14 | addition to other acceptable forms of identification, accept | ||||||
15 | the use of any Illinois municipal identification card as an | ||||||
16 | acceptable form of identification for the purpose of entering | ||||||
17 | the premises. An Illinois municipal
identification card may | ||||||
18 | not be sufficient to access certain secure
areas within the | ||||||
19 | premises and may require additional authorization or | ||||||
20 | identification at the discretion of the premises' security, | ||||||
21 | the Department of
Central Management Services, or the user | ||||||
22 | agency. | ||||||
23 | For the purposes of this Section, "municipal | ||||||
24 | identification card" means a photo identification card that is | ||||||
25 | issued by an Illinois municipality, as defined under Section |
| |||||||
| |||||||
1 | 1-1-2 of the Illinois Municipal Code, in accordance with its | ||||||
2 | ordinances or codes that consists of the photo, name, and | ||||||
3 | address of the card holder.
| ||||||
4 | (Source: P.A. 102-561, eff. 1-1-22; revised 10-27-21.)
| ||||||
5 | Section 110. The Personnel Code is amended by changing | ||||||
6 | Sections 4c and 8b.1 as follows: | ||||||
7 | (20 ILCS 415/4c) (from Ch. 127, par. 63b104c) | ||||||
8 | Sec. 4c. General exemptions. The following positions in | ||||||
9 | State
service shall be exempt from jurisdictions A, B, and C, | ||||||
10 | unless the
jurisdictions shall be extended as provided in this | ||||||
11 | Act:
| ||||||
12 | (1) All officers elected by the people.
| ||||||
13 | (2) All positions under the Lieutenant Governor, | ||||||
14 | Secretary of State,
State Treasurer, State Comptroller, | ||||||
15 | State Board of Education, Clerk of
the Supreme Court,
| ||||||
16 | Attorney General, and State Board of Elections.
| ||||||
17 | (3) Judges, and officers and employees of the courts, | ||||||
18 | and notaries
public.
| ||||||
19 | (4) All officers and employees of the Illinois General | ||||||
20 | Assembly, all
employees of legislative commissions, all | ||||||
21 | officers and employees of the
Illinois Legislative | ||||||
22 | Reference Bureau and the Legislative Printing Unit.
| ||||||
23 | (5) All positions in the Illinois National Guard and | ||||||
24 | Illinois State
Guard, paid from federal funds or positions
|
| |||||||
| |||||||
1 | in the State Military Service filled by enlistment and | ||||||
2 | paid from State
funds.
| ||||||
3 | (6) All employees of the Governor at the executive | ||||||
4 | mansion and on
his immediate personal staff.
| ||||||
5 | (7) Directors of Departments, the Adjutant General, | ||||||
6 | the Assistant
Adjutant General, the Director of the | ||||||
7 | Illinois Emergency
Management Agency, members of boards | ||||||
8 | and commissions, and all other
positions appointed by the | ||||||
9 | Governor by and with the consent of the
Senate.
| ||||||
10 | (8) The presidents, other principal administrative | ||||||
11 | officers, and
teaching, research and extension faculties | ||||||
12 | of
Chicago State University, Eastern Illinois University, | ||||||
13 | Governors State
University, Illinois State University, | ||||||
14 | Northeastern Illinois University,
Northern Illinois | ||||||
15 | University, Western Illinois University, the Illinois
| ||||||
16 | Community College Board, Southern Illinois
University, | ||||||
17 | Illinois Board of Higher Education, University of
| ||||||
18 | Illinois, State Universities Civil Service System, | ||||||
19 | University Retirement
System of Illinois, and the | ||||||
20 | administrative officers and scientific and
technical staff | ||||||
21 | of the Illinois State Museum.
| ||||||
22 | (9) All other employees except the presidents, other | ||||||
23 | principal
administrative officers, and teaching, research | ||||||
24 | and extension faculties
of the universities under the | ||||||
25 | jurisdiction of the Board of Regents and
the colleges and | ||||||
26 | universities under the jurisdiction of the Board of
|
| |||||||
| |||||||
1 | Governors of State Colleges and Universities, Illinois | ||||||
2 | Community College
Board, Southern Illinois University, | ||||||
3 | Illinois Board of Higher Education,
Board of Governors of | ||||||
4 | State Colleges and Universities, the Board of
Regents, | ||||||
5 | University of Illinois, State Universities Civil Service
| ||||||
6 | System, University Retirement System of Illinois, so long | ||||||
7 | as these are
subject to the provisions of the State | ||||||
8 | Universities Civil Service Act.
| ||||||
9 | (10) The Illinois State Police so long as they are | ||||||
10 | subject to the merit
provisions of the Illinois State | ||||||
11 | Police Act.
Employees of the Illinois State Police Merit | ||||||
12 | Board are subject to the provisions of this Code.
| ||||||
13 | (11) (Blank).
| ||||||
14 | (12) The technical and engineering staffs of the | ||||||
15 | Department of
Transportation, the Department of Nuclear | ||||||
16 | Safety, the Pollution Control
Board, and the Illinois | ||||||
17 | Commerce Commission, and the technical and engineering
| ||||||
18 | staff providing architectural and engineering services in | ||||||
19 | the Department of
Central Management Services.
| ||||||
20 | (13) All employees of the Illinois State Toll Highway | ||||||
21 | Authority.
| ||||||
22 | (14) The Secretary of the Illinois Workers' | ||||||
23 | Compensation Commission.
| ||||||
24 | (15) All persons who are appointed or employed by the | ||||||
25 | Director of
Insurance under authority of Section 202 of | ||||||
26 | the Illinois Insurance Code
to assist the Director of |
| |||||||
| |||||||
1 | Insurance in discharging his responsibilities
relating to | ||||||
2 | the rehabilitation, liquidation, conservation, and
| ||||||
3 | dissolution of companies that are subject to the | ||||||
4 | jurisdiction of the
Illinois Insurance Code.
| ||||||
5 | (16) All employees of the St. Louis Metropolitan Area | ||||||
6 | Airport
Authority.
| ||||||
7 | (17) All investment officers employed by the Illinois | ||||||
8 | State Board of
Investment.
| ||||||
9 | (18) Employees of the Illinois Young Adult | ||||||
10 | Conservation Corps program,
administered by the Illinois | ||||||
11 | Department of Natural Resources, authorized
grantee under | ||||||
12 | Title VIII of the Comprehensive
Employment and Training | ||||||
13 | Act of 1973, 29 U.S.C. USC 993.
| ||||||
14 | (19) Seasonal employees of the Department of | ||||||
15 | Agriculture for the
operation of the Illinois State Fair | ||||||
16 | and the DuQuoin State Fair, no one
person receiving more | ||||||
17 | than 29 days of such employment in any calendar year.
| ||||||
18 | (20) All "temporary" employees hired under the | ||||||
19 | Department of Natural
Resources' Illinois Conservation | ||||||
20 | Service, a youth
employment program that hires young | ||||||
21 | people to work in State parks for a period
of one year or | ||||||
22 | less.
| ||||||
23 | (21) All hearing officers of the Human Rights | ||||||
24 | Commission.
| ||||||
25 | (22) All employees of the Illinois Mathematics and | ||||||
26 | Science Academy.
|
| |||||||
| |||||||
1 | (23) All employees of the Kankakee River Valley Area
| ||||||
2 | Airport Authority.
| ||||||
3 | (24) The commissioners and employees of the Executive | ||||||
4 | Ethics
Commission.
| ||||||
5 | (25) The Executive Inspectors General, including | ||||||
6 | special Executive
Inspectors General, and employees of | ||||||
7 | each Office of an
Executive Inspector General.
| ||||||
8 | (26) The commissioners and employees of the | ||||||
9 | Legislative Ethics
Commission.
| ||||||
10 | (27) The Legislative Inspector General, including | ||||||
11 | special Legislative
Inspectors General, and employees of | ||||||
12 | the Office of
the Legislative Inspector General.
| ||||||
13 | (28) The Auditor General's Inspector General and | ||||||
14 | employees of the Office
of the Auditor General's Inspector | ||||||
15 | General.
| ||||||
16 | (29) All employees of the Illinois Power Agency. | ||||||
17 | (30) Employees having demonstrable, defined advanced | ||||||
18 | skills in accounting, financial reporting, or technical | ||||||
19 | expertise who are employed within executive branch | ||||||
20 | agencies and whose duties are directly related to the | ||||||
21 | submission to the Office of the Comptroller of financial | ||||||
22 | information for the publication of the Comprehensive | ||||||
23 | Annual Financial Report. | ||||||
24 | (31) All employees of the Illinois Sentencing Policy | ||||||
25 | Advisory Council. | ||||||
26 | (Source: P.A. 101-652, eff. 1-1-22; 102-291, eff. 8-6-21; |
| |||||||
| |||||||
1 | 102-538, eff. 8-20-21; revised 10-5-21.)
| ||||||
2 | (20 ILCS 415/8b.1) (from Ch. 127, par. 63b108b.1)
| ||||||
3 | Sec. 8b.1. For open competitive
examinations to test the | ||||||
4 | relative fitness of
applicants for the respective positions. | ||||||
5 | Tests shall be designed to eliminate those who are not | ||||||
6 | qualified for
entrance into or promotion within the service, | ||||||
7 | and to discover the relative
fitness of those who are | ||||||
8 | qualified. The Director may use any one of or any
combination | ||||||
9 | of the following examination methods which in his judgment | ||||||
10 | best
serves this end: investigation of education; | ||||||
11 | investigation of experience;
test of cultural knowledge; test | ||||||
12 | of capacity; test of knowledge; test of
manual skill; test of | ||||||
13 | linguistic ability; test of character; test of
physical | ||||||
14 | fitness; test of psychological fitness. No person with a | ||||||
15 | record of
misdemeanor convictions except those under Sections | ||||||
16 | 11-1.50, 11-6, 11-7, 11-9,
11-14, 11-15, 11-17, 11-18, 11-19, | ||||||
17 | 11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1,
| ||||||
18 | 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, | ||||||
19 | 32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section | ||||||
20 | 11-14.3, and paragraphs (1), (6), and (8) of subsection (a)
| ||||||
21 | sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code of | ||||||
22 | 1961 or the Criminal Code of 2012, or
arrested for any cause | ||||||
23 | but not convicted thereon shall be disqualified from
taking | ||||||
24 | such examinations or subsequent appointment, unless the person | ||||||
25 | is
attempting to qualify for a position which would give him |
| |||||||
| |||||||
1 | the powers of a
peace officer, in which case the person's | ||||||
2 | conviction or arrest record may
be considered as a factor in | ||||||
3 | determining the person's fitness for the
position. The | ||||||
4 | eligibility conditions specified for the position of
Assistant | ||||||
5 | Director of Healthcare and Family Services in the Department | ||||||
6 | of Healthcare and Family Services in Section
5-230 of the | ||||||
7 | Departments of State Government Law of the Civil | ||||||
8 | Administrative Code of Illinois (20 ILCS
5/5-230) shall be | ||||||
9 | applied to that position in addition to other
standards, tests | ||||||
10 | or criteria established by the Director. All examinations
| ||||||
11 | shall be announced publicly at least 2 weeks in advance of the | ||||||
12 | date of the
examinations and may be advertised through the | ||||||
13 | press, radio and other
media. The Director may, however, in | ||||||
14 | his discretion, continue to receive
applications and examine | ||||||
15 | candidates long enough to assure a sufficient
number of | ||||||
16 | eligibles to meet the needs of the service and may add the | ||||||
17 | names
of successful candidates to existing eligible lists in | ||||||
18 | accordance with
their respective ratings.
| ||||||
19 | The Director may, in his discretion, accept the results of | ||||||
20 | competitive
examinations conducted by any merit system | ||||||
21 | established by federal law or by
the law of any state State , | ||||||
22 | and may compile eligible lists therefrom or may add
the names | ||||||
23 | of successful candidates in examinations conducted by those | ||||||
24 | merit
systems to existing eligible lists in accordance with | ||||||
25 | their respective
ratings. No person who is a non-resident of | ||||||
26 | the State of Illinois may be
appointed from those eligible |
| |||||||
| |||||||
1 | lists, however, unless the requirement that
applicants be | ||||||
2 | residents of the State of Illinois is waived by the Director
of | ||||||
3 | Central Management Services and unless there are less than 3 | ||||||
4 | Illinois
residents available
for appointment from the | ||||||
5 | appropriate eligible list. The results of the
examinations | ||||||
6 | conducted by other merit systems may not be used unless they
| ||||||
7 | are comparable in difficulty and comprehensiveness to | ||||||
8 | examinations
conducted by the Department of Central Management | ||||||
9 | Services
for similar positions. Special
linguistic options may | ||||||
10 | also be established where deemed appropriate.
| ||||||
11 | When an agency requests an open competitive eligible list | ||||||
12 | from the Department, the Director shall also provide to the | ||||||
13 | agency a Successful Disability Opportunities Program eligible | ||||||
14 | candidate list. | ||||||
15 | (Source: P.A. 101-192, eff. 1-1-20; revised 12-2-21.)
| ||||||
16 | Section 115. The Children and Family Services Act is | ||||||
17 | amended by changing Section 7.3a as follows: | ||||||
18 | (20 ILCS 505/7.3a) | ||||||
19 | Sec. 7.3a. Normalcy parenting for children in foster care; | ||||||
20 | participation in childhood activities. | ||||||
21 | (a) Legislative findings. | ||||||
22 | (1) Every day parents make important decisions about | ||||||
23 | their child's
participation in extracurricular activities. | ||||||
24 | Caregivers for children in out-of-home
care are faced with |
| |||||||
| |||||||
1 | making the same decisions. | ||||||
2 | (2) When a caregiver makes decisions, he or she must | ||||||
3 | consider applicable laws, rules, and regulations to | ||||||
4 | safeguard the health, safety, and best interests of a | ||||||
5 | child in out-of-home care. | ||||||
6 | (3) Participation in extracurricular activities is | ||||||
7 | important to a child's
well-being, not only emotionally, | ||||||
8 | but also in developing valuable life skills. | ||||||
9 | (4) The General Assembly recognizes the importance of | ||||||
10 | making every effort to normalize
the lives of children in | ||||||
11 | out-of-home care and to empower a caregiver
to approve or | ||||||
12 | not approve a child's participation in appropriate | ||||||
13 | extracurricular activities based on
the caregiver's own | ||||||
14 | assessment using the reasonable and prudent
parent | ||||||
15 | standard, without prior approval of the Department, the
| ||||||
16 | caseworker, or the court. | ||||||
17 | (5) Nothing in this Section shall be presumed to | ||||||
18 | discourage or diminish the engagement of families and | ||||||
19 | guardians in the child's life activities. | ||||||
20 | (b) Definitions. As used in this Section: | ||||||
21 | "Appropriate activities" means activities or items that | ||||||
22 | are generally
accepted as suitable for children of the same | ||||||
23 | chronological age or
developmental level of maturity. | ||||||
24 | Appropriateness is based on the development
of cognitive, | ||||||
25 | emotional, physical, and behavioral capacity that is
typical | ||||||
26 | for an age or age group, taking into account the individual |
| |||||||
| |||||||
1 | child's cognitive, emotional, physical, and behavioral | ||||||
2 | development. | ||||||
3 | "Caregiver" means a person with whom the child is placed | ||||||
4 | in
out-of-home care or a designated official for child care | ||||||
5 | facilities
licensed by the Department as
defined in the Child | ||||||
6 | Care Act of 1969. | ||||||
7 | "Reasonable and prudent parent standard" means the | ||||||
8 | standard
characterized by careful and sensible parental | ||||||
9 | decisions that maintain
the child's health, safety, and best | ||||||
10 | interests while at the same time
supporting the child's | ||||||
11 | emotional and developmental growth that a
caregiver shall use | ||||||
12 | when determining whether to allow a child in out-of-home care | ||||||
13 | to participate in extracurricular, enrichment, cultural, and | ||||||
14 | social
activities. | ||||||
15 | (c) Requirements for decision-making. | ||||||
16 | (1) Each child who comes into the care and custody of | ||||||
17 | the Department
is fully entitled to participate in | ||||||
18 | appropriate extracurricular,
enrichment, cultural, and | ||||||
19 | social activities in a manner that allows that child to | ||||||
20 | participate in his or her community to the fullest extent | ||||||
21 | possible. | ||||||
22 | (2) Caregivers must use the reasonable and prudent | ||||||
23 | parent standard
in determining whether to give permission | ||||||
24 | for a child in out-of-home
care to participate in | ||||||
25 | appropriate extracurricular, enrichment, cultural, and | ||||||
26 | social activities.
Caregivers are expected to promote and |
| |||||||
| |||||||
1 | support a child's participation in such activities. When | ||||||
2 | using the reasonable and prudent parent standard, the
| ||||||
3 | caregiver shall consider: | ||||||
4 | (A) the child's age, maturity, and developmental | ||||||
5 | level to promote the
overall health, safety, and best | ||||||
6 | interests of the child; | ||||||
7 | (B) the best interest of the child based on | ||||||
8 | information known by the
caregiver; | ||||||
9 | (C) the importance and fundamental value of | ||||||
10 | encouraging the child's emotional and
developmental | ||||||
11 | growth gained through participation in activities in | ||||||
12 | his or her community; | ||||||
13 | (D) the importance and fundamental value of | ||||||
14 | providing the child with the most family-like
living | ||||||
15 | experience possible; and | ||||||
16 | (E) the behavioral history of the child and the | ||||||
17 | child's ability to safely
participate in the proposed | ||||||
18 | activity. | ||||||
19 | (3) A caregiver is not liable for harm
caused to a | ||||||
20 | child in out-of-home care who participates in an activity | ||||||
21 | approved by
the caregiver, provided that the caregiver has | ||||||
22 | acted as a reasonable
and prudent parent in permitting the | ||||||
23 | child to engage in the activity. | ||||||
24 | (c-5) No youth in care shall be required to store his or | ||||||
25 | her belongings in plastic bags or in similar forms of | ||||||
26 | disposable containers, including, but not limited to, trash |
| |||||||
| |||||||
1 | bags, paper or plastic shopping bags, or pillow cases when | ||||||
2 | relocating from one placement type to another placement type | ||||||
3 | or when discharged from the custody or guardianship of the | ||||||
4 | Department. The Department shall ensure that each youth in | ||||||
5 | care has appropriate baggage and other items to store his or | ||||||
6 | her belongings when moving through the State's child welfare | ||||||
7 | system. As used in this subsection, "purchase of service | ||||||
8 | agency" means any entity that contracts with the Department to | ||||||
9 | provide services that are consistent with the purposes of this | ||||||
10 | Act. | ||||||
11 | (d) Rulemaking. The Department shall adopt, by rule,
| ||||||
12 | procedures no later than June 1, 2017 that promote and protect | ||||||
13 | the ability
of children to participate in appropriate | ||||||
14 | extracurricular,
enrichment, cultural, and social activities.
| ||||||
15 | (e) The Department shall ensure that every youth in care | ||||||
16 | who is entering his or her final year of high school has | ||||||
17 | completed a Free Application for Federal Student Aid form, if | ||||||
18 | applicable, or an application for State financial aid on or | ||||||
19 | after October 1, but no later than November 1, of the youth's | ||||||
20 | final year of high school. | ||||||
21 | (Source: P.A. 102-70, eff. 1-1-22; 102-545, eff. 1-1-22; | ||||||
22 | revised 10-5-21.) | ||||||
23 | Section 120. The Department of Commerce and Economic | ||||||
24 | Opportunity Law of the
Civil Administrative Code of Illinois | ||||||
25 | is amended by setting forth and renumbering multiple
versions |
| |||||||
| |||||||
1 | of Section 605-1055 and by changing Section 605-1057 as | ||||||
2 | follows: | ||||||
3 | (20 ILCS 605/605-1055) | ||||||
4 | Sec. 605-1055. Illinois SBIR/STTR Matching Funds Program. | ||||||
5 | (a) There is established the Illinois Small Business | ||||||
6 | Innovation Research (SBIR) and Small Business Technology | ||||||
7 | Transfer (STTR) Matching Funds Program to be administered by | ||||||
8 | the Department. In order to foster job creation and economic | ||||||
9 | development in the State, the Department may make grants to | ||||||
10 | eligible businesses to match funds received by the business as | ||||||
11 | an SBIR or STTR Phase I award and to encourage businesses to | ||||||
12 | apply for Phase II awards. | ||||||
13 | (b) In order to be eligible for a grant under this Section, | ||||||
14 | a business must satisfy all of the following conditions: | ||||||
15 | (1) The business must be a for-profit, Illinois-based | ||||||
16 | business. For the purposes of this Section, an | ||||||
17 | Illinois-based business is one that has its principal | ||||||
18 | place of business in this State; | ||||||
19 | (2) The business must have received an SBIR/STTR Phase | ||||||
20 | I award from a participating federal agency in response to | ||||||
21 | a specific federal solicitation. To receive the full | ||||||
22 | match, the business must also have submitted a final Phase | ||||||
23 | I report, demonstrated that the sponsoring agency has | ||||||
24 | interest in the Phase II proposal, and submitted a Phase | ||||||
25 | II proposal to the agency. |
| |||||||
| |||||||
1 | (3) The business must satisfy all federal SBIR/STTR | ||||||
2 | requirements. | ||||||
3 | (4) The business shall not receive concurrent funding | ||||||
4 | support from other sources that duplicates the purpose of | ||||||
5 | this Section. | ||||||
6 | (5) The business must certify that at least 51% of the | ||||||
7 | research described in the federal SBIR/STTR Phase II | ||||||
8 | proposal will be conducted in this State and that the | ||||||
9 | business will remain an Illinois-based business for the | ||||||
10 | duration of the SBIR/STTR Phase II project. | ||||||
11 | (6) The business must demonstrate its ability to | ||||||
12 | conduct research in its SBIR/STTR Phase II proposal. | ||||||
13 | (c) The Department may award grants to match the funds | ||||||
14 | received by a business through an SBIR/STTR Phase I proposal | ||||||
15 | up to a maximum of $50,000. Seventy-five percent of the total | ||||||
16 | grant shall be remitted to the business upon receipt of the | ||||||
17 | SBIR/STTR Phase I award and application for funds under this | ||||||
18 | Section. Twenty-five percent of the total grant shall be | ||||||
19 | remitted to the business upon submission by the business of | ||||||
20 | the Phase II application to the funding agency and acceptance | ||||||
21 | of the Phase I report by the funding agency. A business may | ||||||
22 | receive only one grant under this Section per year. A business | ||||||
23 | may receive only one grant under this Section with respect to | ||||||
24 | each federal proposal submission. Over its lifetime, a | ||||||
25 | business may receive a maximum of 5 awards under this Section. | ||||||
26 | (d) A business shall apply, under oath, to the Department |
| |||||||
| |||||||
1 | for a grant under this Section on a form prescribed by the | ||||||
2 | Department that includes at least all of the following: | ||||||
3 | (1) the name of the business, the form of business | ||||||
4 | organization under which it is operated, and the names and | ||||||
5 | addresses of the principals or management of the business; | ||||||
6 | (2) an acknowledgment of receipt of the Phase I report | ||||||
7 | and Phase II proposal by the relevant federal agency; and | ||||||
8 | (3) any other information necessary for the Department | ||||||
9 | to evaluate the application.
| ||||||
10 | (Source: P.A. 101-657, eff. 3-23-21.) | ||||||
11 | (20 ILCS 605/605-1057) | ||||||
12 | (Section scheduled to be repealed on July 1, 2031) | ||||||
13 | Sec. 605-1057. State-designated cultural districts. | ||||||
14 | (a) As used in this Section, "State-designated cultural | ||||||
15 | district" means a geographical area certified under this | ||||||
16 | Section that has a distinct, historic, and cultural identity. | ||||||
17 | Municipalities or 501(c)(3) organizations working on behalf of | ||||||
18 | a certified geographical area should seek to: | ||||||
19 | (1) Promote a distinct historic and cultural | ||||||
20 | community. | ||||||
21 | (2) Encourage economic development and support | ||||||
22 | supports entrepreneurship in the geographic area and | ||||||
23 | community. | ||||||
24 | (3) Encourage the preservation and development of | ||||||
25 | historic and culturally significant structures, |
| |||||||
| |||||||
1 | traditions, and languages. | ||||||
2 | (4) Foster local cultural development and education. | ||||||
3 | (5) Provide a focal point for celebrating and | ||||||
4 | strengthening the unique cultural identity of the | ||||||
5 | community. | ||||||
6 | (6) Promote growth and opportunity without generating | ||||||
7 | displacement or expanding inequality. | ||||||
8 | (b) Administrative authority. The Department of Commerce | ||||||
9 | and Economic Opportunity shall establish criteria and | ||||||
10 | guidelines for State-designated cultural districts by rule in | ||||||
11 | accordance with qualifying criteria outlined in subsection | ||||||
12 | (c). In executing its powers and duties under this Section, | ||||||
13 | the Department shall: | ||||||
14 | (1) establish a competitive application system by | ||||||
15 | which a community may apply for certification as a | ||||||
16 | State-designated cultural district; | ||||||
17 | (2) provide technical assistance for State-designated | ||||||
18 | cultural districts by collaborating with all relevant | ||||||
19 | offices and grantees of the Department to help them | ||||||
20 | identify and achieve their goals for cultural | ||||||
21 | preservation, including, but not limited to, promotional | ||||||
22 | support of State-designated cultural districts and support | ||||||
23 | for small businesses looking to access resources; | ||||||
24 | (3) collaborate with other State agencies, units of | ||||||
25 | local government, community organizations, and private | ||||||
26 | entities to maximize the benefits of State-designated |
| |||||||
| |||||||
1 | cultural districts; and | ||||||
2 | (4) establish an advisory committee to advise the | ||||||
3 | Department on program rules and the certification process. | ||||||
4 | The advisory committee shall reflect the diversity of the | ||||||
5 | State of Illinois, including geographic, racial, and | ||||||
6 | ethnic diversity. The advisory committee must include: | ||||||
7 | (A) a representative of the Department of Commerce | ||||||
8 | and Economic Opportunity appointed by the Director; | ||||||
9 | (B) a representative of the Department of | ||||||
10 | Agriculture appointed by the Director of Agriculture; | ||||||
11 | (C) a representative of the Illinois Housing | ||||||
12 | Development Authority appointed by the Executive | ||||||
13 | Director of the Illinois Housing Development | ||||||
14 | Authority; | ||||||
15 | (D) two members of the House of Representatives | ||||||
16 | appointed one each by the Speaker of the House of | ||||||
17 | Representatives and the Minority Leader of the House | ||||||
18 | of Representatives; | ||||||
19 | (E) two members of the Senate appointed one each | ||||||
20 | by the President of the Senate and the Minority Leader | ||||||
21 | of the Senate; and | ||||||
22 | (F) four community representatives appointed by | ||||||
23 | the Governor representing diverse racial, ethnic, and | ||||||
24 | geographic groups not captured in the membership of | ||||||
25 | the other designees, with the input of community and | ||||||
26 | stakeholder groups. |
| |||||||
| |||||||
1 | (c) Certification. A geographical area within the State | ||||||
2 | may be certified as a State-designated cultural district by | ||||||
3 | applying to the Department for certification. Certification as | ||||||
4 | a State-designated cultural district shall be for a period of | ||||||
5 | 10 years, after which the district may renew certification | ||||||
6 | every 5 years. A municipality or 501(c)(3) organization may | ||||||
7 | apply for certification on behalf of a geographic area. The | ||||||
8 | applying entity is responsible for complying with reporting | ||||||
9 | requirements under subsection (f). The Department shall | ||||||
10 | develop criteria to assess whether an applicant qualifies for | ||||||
11 | certification under this Section. That criteria must include a | ||||||
12 | demonstration that the applicant and the community: | ||||||
13 | (1) have been historically impacted and are currently | ||||||
14 | at risk of losing their cultural identity because of | ||||||
15 | gentrification, displacement, or the COVID-19 pandemic; | ||||||
16 | (2) can demonstrate a history of economic | ||||||
17 | disinvestment; and | ||||||
18 | (3) can demonstrate strong community support for the | ||||||
19 | cultural district designation through active and formal | ||||||
20 | participation by community organizations and municipal and | ||||||
21 | regional government agencies or officials. | ||||||
22 | (d) Each applicant shall be encouraged by the Department | ||||||
23 | to: | ||||||
24 | (1) have development plans that include and prioritize | ||||||
25 | the preservation of local businesses and retention of | ||||||
26 | existing residents and businesses; and |
| |||||||
| |||||||
1 | (2) have an education framework in place informed with | ||||||
2 | a vision of food justice, social justice, community | ||||||
3 | sustainability, and social equity. | ||||||
4 | (e) The Department shall award no more than 5 | ||||||
5 | State-designated cultural districts every year. At no point | ||||||
6 | shall the total amount of State-designated cultural districts | ||||||
7 | be more than 15, unless otherwise directed by the Director of | ||||||
8 | the Department of Commerce and Economic Opportunity in | ||||||
9 | consultation with the advisory committee. | ||||||
10 | (f) Within 12 months after being designated a cultural | ||||||
11 | district, the State-designated cultural district shall submit | ||||||
12 | a report to the Department detailing its current programs and | ||||||
13 | goals for the next 4 years of its designation. For each year | ||||||
14 | thereafter that the district remains a State-designated | ||||||
15 | cultural district, it shall submit a report to the Department | ||||||
16 | on the status of the program and future developments of the | ||||||
17 | district. Any State-designated cultural district that fails to | ||||||
18 | file a report for 2 consecutive years shall lose its status. | ||||||
19 | (g) This Section is repealed on July 1, 2031.
| ||||||
20 | (Source: P.A. 102-628, eff. 1-1-22; revised 12-6-21.) | ||||||
21 | (20 ILCS 605/605-1080) | ||||||
22 | (Section scheduled to be repealed on January 1, 2024) | ||||||
23 | Sec. 605-1080 605-1055 . Personal care products industry | ||||||
24 | supplier disparity study. | ||||||
25 | (a) The Department shall compile and publish a disparity |
| |||||||
| |||||||
1 | study by December 31, 2022 that: (1) evaluates whether there | ||||||
2 | exists intentional discrimination at the
supplier or | ||||||
3 | distribution level for retailers of beauty products, | ||||||
4 | cosmetics, hair
care supplies, and personal care products in | ||||||
5 | the State of Illinois; and (2) if so,
evaluates the impact of | ||||||
6 | such discrimination on the State and includes
recommendations | ||||||
7 | for reducing or eliminating any barriers to entry to those
| ||||||
8 | wishing to establish businesses at the retail level involving | ||||||
9 | such products.
The Department shall forward a copy of its | ||||||
10 | findings and recommendations to
the General Assembly and | ||||||
11 | Governor. | ||||||
12 | (b) The Department may compile, collect, or otherwise | ||||||
13 | gather data necessary for the administration of this Section | ||||||
14 | and to carry out the Department's duty relating to the | ||||||
15 | recommendation of policy changes. The Department shall compile | ||||||
16 | all of the data into a single report, submit the report to the | ||||||
17 | Governor and the General Assembly, and publish the report on | ||||||
18 | its website. | ||||||
19 | (c) This Section is repealed on January 1, 2024.
| ||||||
20 | (Source: P.A. 101-658, eff. 3-23-21; revised 11-2-21.)
| ||||||
21 | (20 ILCS 605/605-1085)
| ||||||
22 | Sec. 605-1085 605-1055 . The Illinois Small Business Fund. | ||||||
23 | The Illinois Small Business Fund is created as a | ||||||
24 | nonappropriated separate and apart trust fund in the State | ||||||
25 | Treasury. The Department shall use moneys in the Fund to |
| |||||||
| |||||||
1 | manage proceeds that result from investments that the | ||||||
2 | Department has undertaken through economic development | ||||||
3 | programs, including, but not limited to, the Department's | ||||||
4 | Venture Capital Investment Program. The Department may use | ||||||
5 | moneys collected to reinvest in small business and economic | ||||||
6 | development initiatives through grants or loans. The Fund may | ||||||
7 | receive any grants or other moneys designated for small | ||||||
8 | business growth from the State, or any unit of federal or local | ||||||
9 | government, or any other person, firm, partnership, or | ||||||
10 | corporation. Any interest earnings that are attributable to | ||||||
11 | moneys in the Fund must be deposited into the Fund.
| ||||||
12 | (Source: P.A. 102-330, eff. 1-1-22; revised 11-2-21.)
| ||||||
13 | (20 ILCS 605/605-1090)
| ||||||
14 | Sec. 605-1090 605-1055 . Illinois Innovation Voucher | ||||||
15 | Program. | ||||||
16 | (a) The Department is authorized to establish the Illinois | ||||||
17 | Innovation Voucher Program to be administered in accordance | ||||||
18 | with this Section for the purpose of fostering research and | ||||||
19 | development in key industry clusters leading to the creation | ||||||
20 | of new products and services that can be marketed by Illinois | ||||||
21 | businesses. Subject to appropriation, the Department may award | ||||||
22 | innovation vouchers to eligible businesses to offset a portion | ||||||
23 | of expenses incurred through a collaborative research | ||||||
24 | engagement with an Illinois institution of higher education. | ||||||
25 | (b) Subject to appropriation, the Department may award |
| |||||||
| |||||||
1 | matching funds in the form of innovation vouchers up to 75% of | ||||||
2 | the cost of the research engagement not to exceed $75,000. A | ||||||
3 | business may receive only one innovation voucher under this | ||||||
4 | Section per year. | ||||||
5 | (c) The Department, when administering the Program under | ||||||
6 | this Section: | ||||||
7 | (1) must encourage participation among small and | ||||||
8 | mid-sized businesses; | ||||||
9 | (2) must encourage participation in the Program in | ||||||
10 | diverse geographic and economic areas, including urban, | ||||||
11 | suburban, and rural areas of the State; and | ||||||
12 | (3) must encourage participation in the Program from | ||||||
13 | businesses that operate in key industries, as defined by | ||||||
14 | the Department. These industries include, but are not | ||||||
15 | limited to, the following: (i) agribusiness and agtech; | ||||||
16 | (ii) energy; (iii) information technology; (iv) life | ||||||
17 | sciences and healthcare; (v) manufacturing; and (vi) | ||||||
18 | transportation and logistics. | ||||||
19 | (d) In order to be eligible for an innovation voucher | ||||||
20 | under this Section, a business must satisfy all of the | ||||||
21 | following conditions: | ||||||
22 | (1) the business must be an Illinois-based business. | ||||||
23 | For the purposes of this Section, "Illinois-based | ||||||
24 | business" means a business that has its principal place of | ||||||
25 | business in this State or that employs at least 100 | ||||||
26 | full-time employees, as defined under Section 5-5 of the |
| |||||||
| |||||||
1 | Economic Development for a Growing Economy Tax Credit Act, | ||||||
2 | in this State; | ||||||
3 | (2) the business must remain in this State for the | ||||||
4 | duration of research engagement; and | ||||||
5 | (3) the partnering institution of higher education | ||||||
6 | must be an Illinois-based institution of higher education | ||||||
7 | and non-profit. For the purposes of this Section, | ||||||
8 | "Illinois-based institution of higher education" means an | ||||||
9 | institution of higher education that has its main physical | ||||||
10 | campus in this State. | ||||||
11 | (e) The Department may adopt any rules necessary to
| ||||||
12 | administer the provisions of this Section.
| ||||||
13 | (Source: P.A. 102-648, eff. 8-27-21; revised 11-2-21.)
| ||||||
14 | Section 125. The Illinois Enterprise Zone Act is amended | ||||||
15 | by changing Section 5.5 as follows:
| ||||||
16 | (20 ILCS 655/5.5)
(from Ch. 67 1/2, par. 609.1)
| ||||||
17 | Sec. 5.5. High Impact Business.
| ||||||
18 | (a) In order to respond to unique opportunities to assist | ||||||
19 | in the
encouragement, development, growth, and expansion of | ||||||
20 | the private sector through
large scale investment and | ||||||
21 | development projects, the Department is authorized
to receive | ||||||
22 | and approve applications for the designation of "High Impact
| ||||||
23 | Businesses" in Illinois subject to the following conditions:
| ||||||
24 | (1) such applications may be submitted at any time |
| |||||||
| |||||||
1 | during the year;
| ||||||
2 | (2) such business is not located, at the time of | ||||||
3 | designation, in
an enterprise zone designated pursuant to | ||||||
4 | this Act;
| ||||||
5 | (3) the business intends to do one or more of the | ||||||
6 | following:
| ||||||
7 | (A) the business intends to make a minimum | ||||||
8 | investment of
$12,000,000 which will be placed in | ||||||
9 | service in qualified property and
intends to create | ||||||
10 | 500 full-time equivalent jobs at a designated location
| ||||||
11 | in Illinois or intends to make a minimum investment of | ||||||
12 | $30,000,000 which
will be placed in service in | ||||||
13 | qualified property and intends to retain 1,500
| ||||||
14 | full-time retained jobs at a designated location in | ||||||
15 | Illinois.
The business must certify in writing that | ||||||
16 | the investments would not be
placed in service in | ||||||
17 | qualified property and the job creation or job
| ||||||
18 | retention would not occur without the tax credits and | ||||||
19 | exemptions set forth
in subsection (b) of this | ||||||
20 | Section. The terms "placed in service" and
"qualified | ||||||
21 | property" have the same meanings as described in | ||||||
22 | subsection (h)
of Section 201 of the Illinois Income | ||||||
23 | Tax Act; or
| ||||||
24 | (B) the business intends to establish a new | ||||||
25 | electric generating
facility at a designated location | ||||||
26 | in Illinois. "New electric generating
facility", for |
| |||||||
| |||||||
1 | purposes of this Section, means a newly constructed | ||||||
2 | newly-constructed
electric
generation plant
or a newly | ||||||
3 | constructed newly-constructed generation capacity | ||||||
4 | expansion at an existing electric
generation
plant, | ||||||
5 | including the transmission lines and associated
| ||||||
6 | equipment that transfers electricity from points of | ||||||
7 | supply to points of
delivery, and for which such new | ||||||
8 | foundation construction commenced not sooner
than July | ||||||
9 | 1,
2001. Such facility shall be designed to provide | ||||||
10 | baseload electric
generation and shall operate on a | ||||||
11 | continuous basis throughout the year;
and (i) shall | ||||||
12 | have an aggregate rated generating capacity of at | ||||||
13 | least 1,000
megawatts for all new units at one site if | ||||||
14 | it uses natural gas as its primary
fuel and foundation | ||||||
15 | construction of the facility is commenced on
or before | ||||||
16 | December 31, 2004, or shall have an aggregate rated | ||||||
17 | generating
capacity of at least 400 megawatts for all | ||||||
18 | new units at one site if it uses
coal or gases derived | ||||||
19 | from coal
as its primary fuel and
shall support the | ||||||
20 | creation of at least 150 new Illinois coal mining | ||||||
21 | jobs, or
(ii) shall be funded through a federal | ||||||
22 | Department of Energy grant before December 31, 2010 | ||||||
23 | and shall support the creation of Illinois
coal-mining
| ||||||
24 | jobs, or (iii) shall use coal gasification or | ||||||
25 | integrated gasification-combined cycle units
that | ||||||
26 | generate
electricity or chemicals, or both, and shall |
| |||||||
| |||||||
1 | support the creation of Illinois
coal-mining
jobs.
The
| ||||||
2 | business must certify in writing that the investments | ||||||
3 | necessary to establish
a new electric generating | ||||||
4 | facility would not be placed in service and the
job | ||||||
5 | creation in the case of a coal-fueled plant
would not | ||||||
6 | occur without the tax credits and exemptions set forth | ||||||
7 | in
subsection (b-5) of this Section. The term "placed | ||||||
8 | in service" has
the same meaning as described in | ||||||
9 | subsection
(h) of Section 201 of the Illinois Income | ||||||
10 | Tax Act; or
| ||||||
11 | (B-5) the business intends to establish a new | ||||||
12 | gasification
facility at a designated location in | ||||||
13 | Illinois. As used in this Section, "new gasification | ||||||
14 | facility" means a newly constructed coal gasification | ||||||
15 | facility that generates chemical feedstocks or | ||||||
16 | transportation fuels derived from coal (which may | ||||||
17 | include, but are not limited to, methane, methanol, | ||||||
18 | and nitrogen fertilizer), that supports the creation | ||||||
19 | or retention of Illinois coal-mining jobs, and that | ||||||
20 | qualifies for financial assistance from the Department | ||||||
21 | before December 31, 2010. A new gasification facility | ||||||
22 | does not include a pilot project located within | ||||||
23 | Jefferson County or within a county adjacent to | ||||||
24 | Jefferson County for synthetic natural gas from coal; | ||||||
25 | or | ||||||
26 | (C) the business intends to establish
production |
| |||||||
| |||||||
1 | operations at a new coal mine, re-establish production | ||||||
2 | operations at
a closed coal mine, or expand production | ||||||
3 | at an existing coal mine
at a designated location in | ||||||
4 | Illinois not sooner than July 1, 2001;
provided that | ||||||
5 | the
production operations result in the creation of | ||||||
6 | 150 new Illinois coal mining
jobs as described in | ||||||
7 | subdivision (a)(3)(B) of this Section, and further
| ||||||
8 | provided that the coal extracted from such mine is | ||||||
9 | utilized as the predominant
source for a new electric | ||||||
10 | generating facility.
The business must certify in | ||||||
11 | writing that the
investments necessary to establish a | ||||||
12 | new, expanded, or reopened coal mine would
not
be | ||||||
13 | placed in service and the job creation would not
occur | ||||||
14 | without the tax credits and exemptions set forth in | ||||||
15 | subsection (b-5) of
this Section. The term "placed in | ||||||
16 | service" has
the same meaning as described in | ||||||
17 | subsection (h) of Section 201 of the
Illinois Income | ||||||
18 | Tax Act; or
| ||||||
19 | (D) the business intends to construct new | ||||||
20 | transmission facilities or
upgrade existing | ||||||
21 | transmission facilities at designated locations in | ||||||
22 | Illinois,
for which construction commenced not sooner | ||||||
23 | than July 1, 2001. For the
purposes of this Section, | ||||||
24 | "transmission facilities" means transmission lines
| ||||||
25 | with a voltage rating of 115 kilovolts or above, | ||||||
26 | including associated
equipment, that transfer |
| |||||||
| |||||||
1 | electricity from points of supply to points of
| ||||||
2 | delivery and that transmit a majority of the | ||||||
3 | electricity generated by a new
electric generating | ||||||
4 | facility designated as a High Impact Business in | ||||||
5 | accordance
with this Section. The business must | ||||||
6 | certify in writing that the investments
necessary to | ||||||
7 | construct new transmission facilities or upgrade | ||||||
8 | existing
transmission facilities would not be placed | ||||||
9 | in service
without the tax credits and exemptions set | ||||||
10 | forth in subsection (b-5) of this
Section. The term | ||||||
11 | "placed in service" has the
same meaning as described | ||||||
12 | in subsection (h) of Section 201 of the Illinois
| ||||||
13 | Income Tax Act; or
| ||||||
14 | (E) the business intends to establish a new wind | ||||||
15 | power facility at a designated location in Illinois. | ||||||
16 | For purposes of this Section, "new wind power | ||||||
17 | facility" means a newly constructed electric | ||||||
18 | generation facility, a newly constructed expansion of | ||||||
19 | an existing electric generation facility, or the | ||||||
20 | replacement of an existing electric generation | ||||||
21 | facility, including the demolition and removal of an | ||||||
22 | electric generation facility irrespective of whether | ||||||
23 | it will be replaced, placed in service or replaced on | ||||||
24 | or after July 1, 2009, that generates electricity | ||||||
25 | using wind energy devices, and such facility shall be | ||||||
26 | deemed to include any permanent structures associated |
| |||||||
| |||||||
1 | with the electric generation facility and all | ||||||
2 | associated transmission lines, substations, and other | ||||||
3 | equipment related to the generation of electricity | ||||||
4 | from wind energy devices. For purposes of this | ||||||
5 | Section, "wind energy device" means any device, with a | ||||||
6 | nameplate capacity of at least 0.5 megawatts, that is | ||||||
7 | used in the process of converting kinetic energy from | ||||||
8 | the wind to generate electricity; or | ||||||
9 | (E-5) the business intends to establish a new | ||||||
10 | utility-scale solar facility at a designated location | ||||||
11 | in Illinois. For purposes of this Section, "new | ||||||
12 | utility-scale solar power facility" means a newly | ||||||
13 | constructed electric generation facility, or a newly | ||||||
14 | constructed expansion of an existing electric | ||||||
15 | generation facility, placed in service on or after | ||||||
16 | July 1, 2021, that (i) generates electricity using | ||||||
17 | photovoltaic cells and (ii) has a nameplate capacity | ||||||
18 | that is greater than 5,000 kilowatts, and such | ||||||
19 | facility shall be deemed to include all associated | ||||||
20 | transmission lines, substations, energy storage | ||||||
21 | facilities, and other equipment related to the | ||||||
22 | generation and storage of electricity from | ||||||
23 | photovoltaic cells; or | ||||||
24 | (F) the business commits to (i) make a minimum | ||||||
25 | investment of $500,000,000, which will be placed in | ||||||
26 | service in a qualified property, (ii) create 125 |
| |||||||
| |||||||
1 | full-time equivalent jobs at a designated location in | ||||||
2 | Illinois, (iii) establish a fertilizer plant at a | ||||||
3 | designated location in Illinois that complies with the | ||||||
4 | set-back standards as described in Table 1: Initial | ||||||
5 | Isolation and Protective Action Distances in the 2012 | ||||||
6 | Emergency Response Guidebook published by the United | ||||||
7 | States Department of Transportation, (iv) pay a | ||||||
8 | prevailing wage for employees at that location who are | ||||||
9 | engaged in construction activities, and (v) secure an | ||||||
10 | appropriate level of general liability insurance to | ||||||
11 | protect against catastrophic failure of the fertilizer | ||||||
12 | plant or any of its constituent systems; in addition, | ||||||
13 | the business must agree to enter into a construction | ||||||
14 | project labor agreement including provisions | ||||||
15 | establishing wages, benefits, and other compensation | ||||||
16 | for employees performing work under the project labor | ||||||
17 | agreement at that location; for the purposes of this | ||||||
18 | Section, "fertilizer plant" means a newly constructed | ||||||
19 | or upgraded plant utilizing gas used in the production | ||||||
20 | of anhydrous ammonia and downstream nitrogen | ||||||
21 | fertilizer products for resale; for the purposes of | ||||||
22 | this Section, "prevailing wage" means the hourly cash | ||||||
23 | wages plus fringe benefits for training and
| ||||||
24 | apprenticeship programs approved by the U.S. | ||||||
25 | Department of Labor, Bureau of
Apprenticeship and | ||||||
26 | Training, health and welfare, insurance, vacations and
|
| |||||||
| |||||||
1 | pensions paid generally, in the
locality in which the | ||||||
2 | work is being performed, to employees engaged in
work | ||||||
3 | of a similar character on public works; this paragraph | ||||||
4 | (F) applies only to businesses that submit an | ||||||
5 | application to the Department within 60 days after | ||||||
6 | July 25, 2013 (the effective date of Public Act | ||||||
7 | 98-109); and | ||||||
8 | (4) no later than 90 days after an application is | ||||||
9 | submitted, the
Department shall notify the applicant of | ||||||
10 | the Department's determination of
the qualification of the | ||||||
11 | proposed High Impact Business under this Section.
| ||||||
12 | (b) Businesses designated as High Impact Businesses | ||||||
13 | pursuant to
subdivision (a)(3)(A) of this Section shall | ||||||
14 | qualify for the credits and
exemptions described in the
| ||||||
15 | following Acts: Section 9-222 and Section 9-222.1A of the | ||||||
16 | Public Utilities
Act,
subsection (h)
of Section 201 of the | ||||||
17 | Illinois Income Tax Act,
and Section 1d of
the
Retailers' | ||||||
18 | Occupation Tax Act; provided that these credits and
exemptions
| ||||||
19 | described in these Acts shall not be authorized until the | ||||||
20 | minimum
investments set forth in subdivision (a)(3)(A) of this
| ||||||
21 | Section have been placed in
service in qualified properties | ||||||
22 | and, in the case of the exemptions
described in the Public | ||||||
23 | Utilities Act and Section 1d of the Retailers'
Occupation Tax | ||||||
24 | Act, the minimum full-time equivalent jobs or full-time | ||||||
25 | retained jobs set
forth in subdivision (a)(3)(A) of this | ||||||
26 | Section have been
created or retained.
Businesses designated |
| |||||||
| |||||||
1 | as High Impact Businesses under
this Section shall also
| ||||||
2 | qualify for the exemption described in Section 5l of the | ||||||
3 | Retailers' Occupation
Tax Act. The credit provided in | ||||||
4 | subsection (h) of Section 201 of the Illinois
Income Tax Act | ||||||
5 | shall be applicable to investments in qualified property as | ||||||
6 | set
forth in subdivision (a)(3)(A) of this Section.
| ||||||
7 | (b-5) Businesses designated as High Impact Businesses | ||||||
8 | pursuant to
subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C), | ||||||
9 | and (a)(3)(D) of this Section shall qualify
for the credits | ||||||
10 | and exemptions described in the following Acts: Section 51 of
| ||||||
11 | the Retailers' Occupation Tax Act, Section 9-222 and Section | ||||||
12 | 9-222.1A of the
Public Utilities Act, and subsection (h) of | ||||||
13 | Section 201 of the Illinois Income
Tax Act; however, the | ||||||
14 | credits and exemptions authorized under Section 9-222 and
| ||||||
15 | Section 9-222.1A of the Public Utilities Act, and subsection | ||||||
16 | (h) of Section 201
of the Illinois Income Tax Act shall not be | ||||||
17 | authorized until the new electric
generating facility, the new | ||||||
18 | gasification facility, the new transmission facility, or the | ||||||
19 | new, expanded, or
reopened coal mine is operational,
except | ||||||
20 | that a new electric generating facility whose primary fuel | ||||||
21 | source is
natural gas is eligible only for the exemption under | ||||||
22 | Section 5l of the
Retailers' Occupation Tax Act.
| ||||||
23 | (b-6) Businesses designated as High Impact Businesses | ||||||
24 | pursuant to subdivision (a)(3)(E) or (a)(3)(E-5) of this | ||||||
25 | Section shall qualify for the exemptions described in Section | ||||||
26 | 5l of the Retailers' Occupation Tax Act; any business so |
| |||||||
| |||||||
1 | designated as a High Impact Business being, for purposes of | ||||||
2 | this Section, a "Wind Energy Business". | ||||||
3 | (b-7) Beginning on January 1, 2021, businesses designated | ||||||
4 | as High Impact Businesses by the Department shall qualify for | ||||||
5 | the High Impact Business construction jobs credit under | ||||||
6 | subsection (h-5) of Section 201 of the Illinois Income Tax Act | ||||||
7 | if the business meets the criteria set forth in subsection (i) | ||||||
8 | of this Section. The total aggregate amount of credits awarded | ||||||
9 | under the Blue Collar Jobs Act (Article 20 of Public Act 101-9) | ||||||
10 | shall not exceed $20,000,000 in any State fiscal year. | ||||||
11 | (c) High Impact Businesses located in federally designated | ||||||
12 | foreign trade
zones or sub-zones are also eligible for | ||||||
13 | additional credits, exemptions and
deductions as described in | ||||||
14 | the following Acts: Section 9-221 and Section
9-222.1 of the | ||||||
15 | Public
Utilities Act; and subsection (g) of Section 201, and | ||||||
16 | Section 203
of the Illinois Income Tax Act.
| ||||||
17 | (d) Except for businesses contemplated under subdivision | ||||||
18 | (a)(3)(E) or (a)(3)(E-5) of this Section, existing Illinois | ||||||
19 | businesses which apply for designation as a
High Impact | ||||||
20 | Business must provide the Department with the prospective plan
| ||||||
21 | for which 1,500 full-time retained jobs would be eliminated in | ||||||
22 | the event that the
business is not designated.
| ||||||
23 | (e) Except for new wind power facilities contemplated | ||||||
24 | under subdivision (a)(3)(E) of this Section, new proposed | ||||||
25 | facilities which apply for designation as High Impact
Business | ||||||
26 | must provide the Department with proof of alternative |
| |||||||
| |||||||
1 | non-Illinois
sites which would receive the proposed investment | ||||||
2 | and job creation in the
event that the business is not | ||||||
3 | designated as a High Impact Business.
| ||||||
4 | (f) Except for businesses contemplated under subdivision | ||||||
5 | (a)(3)(E) of this Section, in the event that a business is | ||||||
6 | designated a High Impact Business
and it is later determined | ||||||
7 | after reasonable notice and an opportunity for a
hearing as | ||||||
8 | provided under the Illinois Administrative Procedure Act, that
| ||||||
9 | the business would have placed in service in qualified | ||||||
10 | property the
investments and created or retained the requisite | ||||||
11 | number of jobs without
the benefits of the High Impact | ||||||
12 | Business designation, the Department shall
be required to | ||||||
13 | immediately revoke the designation and notify the Director
of | ||||||
14 | the Department of Revenue who shall begin proceedings to | ||||||
15 | recover all
wrongfully exempted State taxes with interest. The | ||||||
16 | business shall also be
ineligible for all State funded | ||||||
17 | Department programs for a period of 10 years.
| ||||||
18 | (g) The Department shall revoke a High Impact Business | ||||||
19 | designation if
the participating business fails to comply with | ||||||
20 | the terms and conditions of
the designation.
| ||||||
21 | (h) Prior to designating a business, the Department shall | ||||||
22 | provide the
members of the General Assembly and Commission on | ||||||
23 | Government Forecasting and Accountability
with a report | ||||||
24 | setting forth the terms and conditions of the designation and
| ||||||
25 | guarantees that have been received by the Department in | ||||||
26 | relation to the
proposed business being designated.
|
| |||||||
| |||||||
1 | (i) High Impact Business construction jobs credit. | ||||||
2 | Beginning on January 1, 2021, a High Impact Business may | ||||||
3 | receive a tax credit against the tax imposed under subsections | ||||||
4 | (a) and (b) of Section 201 of the Illinois Income Tax Act in an | ||||||
5 | amount equal to 50% of the amount of the incremental income tax | ||||||
6 | attributable to High Impact Business construction jobs credit | ||||||
7 | employees employed in the course of completing a High Impact | ||||||
8 | Business construction jobs project. However, the High Impact | ||||||
9 | Business construction jobs credit may equal 75% of the amount | ||||||
10 | of the incremental income tax attributable to High Impact | ||||||
11 | Business construction jobs credit employees if the High Impact | ||||||
12 | Business construction jobs credit project is located in an | ||||||
13 | underserved area. | ||||||
14 | The Department shall certify to the Department of Revenue: | ||||||
15 | (1) the identity of taxpayers that are eligible for the High | ||||||
16 | Impact Business construction jobs credit; and (2) the amount | ||||||
17 | of High Impact Business construction jobs credits that are | ||||||
18 | claimed pursuant to subsection (h-5) of Section 201 of the | ||||||
19 | Illinois Income Tax Act in each taxable year. Any business | ||||||
20 | entity that receives a High Impact Business construction jobs | ||||||
21 | credit shall maintain a certified payroll pursuant to | ||||||
22 | subsection (j) of this Section. | ||||||
23 | As used in this subsection (i): | ||||||
24 | "High Impact Business construction jobs credit" means an | ||||||
25 | amount equal to 50% (or 75% if the High Impact Business | ||||||
26 | construction project is located in an underserved area) of the |
| |||||||
| |||||||
1 | incremental income tax attributable to High Impact Business | ||||||
2 | construction job employees. The total aggregate amount of | ||||||
3 | credits awarded under the Blue Collar Jobs Act (Article 20 of | ||||||
4 | Public Act 101-9) shall not exceed $20,000,000 in any State | ||||||
5 | fiscal year | ||||||
6 | "High Impact Business construction job employee" means a | ||||||
7 | laborer or worker who is employed by an Illinois contractor or | ||||||
8 | subcontractor in the actual construction work on the site of a | ||||||
9 | High Impact Business construction job project. | ||||||
10 | "High Impact Business construction jobs project" means | ||||||
11 | building a structure or building or making improvements of any | ||||||
12 | kind to real property, undertaken and commissioned by a | ||||||
13 | business that was designated as a High Impact Business by the | ||||||
14 | Department. The term "High Impact Business construction jobs | ||||||
15 | project" does not include the routine operation, routine | ||||||
16 | repair, or routine maintenance of existing structures, | ||||||
17 | buildings, or real property. | ||||||
18 | "Incremental income tax" means the total amount withheld | ||||||
19 | during the taxable year from the compensation of High Impact | ||||||
20 | Business construction job employees. | ||||||
21 | "Underserved area" means a geographic area that meets one | ||||||
22 | or more of the following conditions: | ||||||
23 | (1) the area has a poverty rate of at least 20% | ||||||
24 | according to the latest American Community Survey; | ||||||
25 | (2) 35% or more of the families with children in the | ||||||
26 | area are living below 130% of the poverty line, according |
| |||||||
| |||||||
1 | to the latest American Community Survey; | ||||||
2 | (3) at least 20% of the households in the area receive | ||||||
3 | assistance under the Supplemental Nutrition Assistance | ||||||
4 | Program (SNAP); or | ||||||
5 | (4) the area has an average unemployment rate, as | ||||||
6 | determined by the Illinois Department of Employment | ||||||
7 | Security, that is more than 120% of the national | ||||||
8 | unemployment average, as determined by the U.S. Department | ||||||
9 | of Labor, for a period of at least 2 consecutive calendar | ||||||
10 | years preceding the date of the application. | ||||||
11 | (j) Each contractor and subcontractor who is engaged in | ||||||
12 | and executing a High Impact Business Construction jobs | ||||||
13 | project, as defined under subsection (i) of this Section, for | ||||||
14 | a business that is entitled to a credit pursuant to subsection | ||||||
15 | (i) of this Section shall: | ||||||
16 | (1) make and keep, for a period of 5 years from the | ||||||
17 | date of the last payment made on or after June 5, 2019 (the | ||||||
18 | effective date of Public Act 101-9) on a contract or | ||||||
19 | subcontract for a High Impact Business Construction Jobs | ||||||
20 | Project, records for all laborers and other workers | ||||||
21 | employed by the contractor or subcontractor on the | ||||||
22 | project; the records shall include: | ||||||
23 | (A) the worker's name; | ||||||
24 | (B) the worker's address; | ||||||
25 | (C) the worker's telephone number, if available; | ||||||
26 | (D) the worker's social security number; |
| |||||||
| |||||||
1 | (E) the worker's classification or | ||||||
2 | classifications; | ||||||
3 | (F) the worker's gross and net wages paid in each | ||||||
4 | pay period; | ||||||
5 | (G) the worker's number of hours worked each day; | ||||||
6 | (H) the worker's starting and ending times of work | ||||||
7 | each day; | ||||||
8 | (I) the worker's hourly wage rate; | ||||||
9 | (J) the worker's hourly overtime wage rate; | ||||||
10 | (K) the worker's race and ethnicity; and | ||||||
11 | (L) the worker's gender; | ||||||
12 | (2) no later than the 15th day of each calendar month, | ||||||
13 | provide a certified payroll for the immediately preceding | ||||||
14 | month to the taxpayer in charge of the High Impact | ||||||
15 | Business construction jobs project; within 5 business days | ||||||
16 | after receiving the certified payroll, the taxpayer shall | ||||||
17 | file the certified payroll with the Department of Labor | ||||||
18 | and the Department of Commerce and Economic Opportunity; a | ||||||
19 | certified payroll must be filed for only those calendar | ||||||
20 | months during which construction on a High Impact Business | ||||||
21 | construction jobs project has occurred; the certified | ||||||
22 | payroll shall consist of a complete copy of the records | ||||||
23 | identified in paragraph (1) of this subsection (j), but | ||||||
24 | may exclude the starting and ending times of work each | ||||||
25 | day; the certified payroll shall be accompanied by a | ||||||
26 | statement signed by the contractor or subcontractor or an |
| |||||||
| |||||||
1 | officer, employee, or agent of the contractor or | ||||||
2 | subcontractor which avers that: | ||||||
3 | (A) he or she has examined the certified payroll | ||||||
4 | records required to be submitted by the Act and such | ||||||
5 | records are true and accurate; and | ||||||
6 | (B) the contractor or subcontractor is aware that | ||||||
7 | filing a certified payroll that he or she knows to be | ||||||
8 | false is a Class A misdemeanor. | ||||||
9 | A general contractor is not prohibited from relying on a | ||||||
10 | certified payroll of a lower-tier subcontractor, provided the | ||||||
11 | general contractor does not knowingly rely upon a | ||||||
12 | subcontractor's false certification. | ||||||
13 | Any contractor or subcontractor subject to this | ||||||
14 | subsection, and any officer, employee, or agent of such | ||||||
15 | contractor or subcontractor whose duty as an officer, | ||||||
16 | employee, or agent it is to file a certified payroll under this | ||||||
17 | subsection, who willfully fails to file such a certified | ||||||
18 | payroll on or before the date such certified payroll is | ||||||
19 | required by this paragraph to be filed and any person who | ||||||
20 | willfully files a false certified payroll that is false as to | ||||||
21 | any material fact is in violation of this Act and guilty of a | ||||||
22 | Class A misdemeanor. | ||||||
23 | The taxpayer in charge of the project shall keep the | ||||||
24 | records submitted in accordance with this subsection on or | ||||||
25 | after June 5, 2019 (the effective date of Public Act 101-9) for | ||||||
26 | a period of 5 years from the date of the last payment for work |
| |||||||
| |||||||
1 | on a contract or subcontract for the High Impact Business | ||||||
2 | construction jobs project. | ||||||
3 | The records submitted in accordance with this subsection | ||||||
4 | shall be considered public records, except an employee's | ||||||
5 | address, telephone number, and social security number, and | ||||||
6 | made available in accordance with the Freedom of Information | ||||||
7 | Act. The Department of Labor shall share the information with | ||||||
8 | the Department in order to comply with the awarding of a High | ||||||
9 | Impact Business construction jobs credit. A contractor, | ||||||
10 | subcontractor, or public body may retain records required | ||||||
11 | under this Section in paper or electronic format. | ||||||
12 | (k) Upon 7 business days' notice, each contractor and | ||||||
13 | subcontractor shall make available for inspection and copying | ||||||
14 | at a location within this State during reasonable hours, the | ||||||
15 | records identified in this subsection (j) to the taxpayer in | ||||||
16 | charge of the High Impact Business construction jobs project, | ||||||
17 | its officers and agents, the Director of the Department of | ||||||
18 | Labor and his or her deputies and agents, and to federal, | ||||||
19 | State, or local law enforcement agencies and prosecutors. | ||||||
20 | (Source: P.A. 101-9, eff. 6-5-19; 102-108, eff. 1-1-22; | ||||||
21 | 102-558, eff. 8-20-21; 102-605, eff. 8-27-21; 102-662, eff. | ||||||
22 | 9-15-21; 102-673, eff. 11-30-21; revised 12-8-21.)
| ||||||
23 | Section 130. The Illinois Promotion Act is amended by | ||||||
24 | changing Section 8a as follows:
|
| |||||||
| |||||||
1 | (20 ILCS 665/8a) (from Ch. 127, par. 200-28a)
| ||||||
2 | Sec. 8a. Tourism grants and loans.
| ||||||
3 | (1) The Department is authorized to make grants and loans, | ||||||
4 | subject to
appropriations by the General Assembly for this | ||||||
5 | purpose from the Tourism
Promotion Fund,
to counties, | ||||||
6 | municipalities, other units of local government, local | ||||||
7 | promotion groups, not-for-profit
organizations, or
for-profit | ||||||
8 | businesses for the development or improvement of tourism
| ||||||
9 | attractions in Illinois. Individual grants and loans shall not
| ||||||
10 | exceed
$1,000,000
and shall not exceed 50% of the entire | ||||||
11 | amount of the actual expenditures for
the development or | ||||||
12 | improvement of a tourist attraction. Agreements for
loans made | ||||||
13 | by the Department pursuant to this subsection may contain
| ||||||
14 | provisions regarding term, interest rate, security as may be | ||||||
15 | required by
the Department and any other provisions the | ||||||
16 | Department may require to
protect the State's interest.
| ||||||
17 | (2) From appropriations to the Department from the State | ||||||
18 | CURE fund for this purpose, the Department shall establish | ||||||
19 | Tourism Attraction grants for purposes outlined in subsection | ||||||
20 | (1). Grants under this subsection shall not exceed $1,000,000 | ||||||
21 | but may exceed 50% of the entire amount of the actual | ||||||
22 | expenditure for the development or improvement of a tourist | ||||||
23 | attraction, including , but not limited to , festivals. | ||||||
24 | Expenditures of such funds shall be in accordance with the | ||||||
25 | permitted purposes under Section 9901 of the American Rescue | ||||||
26 | Plan Act of 2021 and all related federal guidance.
|
| |||||||
| |||||||
1 | (Source: P.A. 102-16, eff. 6-17-21; 102-287, eff. 8-6-21; | ||||||
2 | revised 9-28-21.)
| ||||||
3 | Section 135. The Financial Institutions Code is amended by | ||||||
4 | changing Section 6 as follows:
| ||||||
5 | (20 ILCS 1205/6) (from Ch. 17, par. 106)
| ||||||
6 | Sec. 6. In addition to the duties imposed elsewhere in | ||||||
7 | this Act, the
Department has the following powers:
| ||||||
8 | (1) To exercise the rights, powers and duties vested by | ||||||
9 | law in the
Auditor of Public Accounts under "An Act to provide | ||||||
10 | for the incorporation,
management and regulation of pawners' | ||||||
11 | societies and limiting the rate of
compensation to be paid for | ||||||
12 | advances, storage and insurance on pawns and
pledges and to | ||||||
13 | allow the loaning of money upon personal property", approved
| ||||||
14 | March 29, 1899, as amended.
| ||||||
15 | (2) To exercise the rights, powers and duties vested by | ||||||
16 | law in the
Auditor of Public Accounts under the Currency | ||||||
17 | Exchange Act "An Act in relation to the definition,
licensing | ||||||
18 | and regulation of community currency exchanges and ambulatory
| ||||||
19 | currency exchanges, and the operators and employees thereof, | ||||||
20 | and to make an
appropriation therefor, and to provide | ||||||
21 | penalties and remedies for the
violation thereof", approved | ||||||
22 | June 30, 1943, as amended .
| ||||||
23 | (3) To exercise the rights, powers, and duties vested by | ||||||
24 | law in the
Auditor of Public Accounts under "An Act in relation |
| |||||||
| |||||||
1 | to the buying and
selling of foreign exchange and the | ||||||
2 | transmission or transfer of money to
foreign countries", | ||||||
3 | approved June 28, 1923, as amended.
| ||||||
4 | (4) To exercise the rights, powers, and duties vested by | ||||||
5 | law in the
Auditor of Public Accounts under "An Act to provide | ||||||
6 | for and regulate the
business of guaranteeing titles to real | ||||||
7 | estate by corporations", approved
May 13, 1901, as amended.
| ||||||
8 | (5) To exercise the rights, powers and duties vested by | ||||||
9 | law in the
Department of Insurance under "An Act to define, | ||||||
10 | license, and regulate the
business of making loans of eight | ||||||
11 | hundred dollars or less, permitting an
interest charge thereon | ||||||
12 | greater than otherwise allowed by law, authorizing
and | ||||||
13 | regulating the assignment of wages or salary when taken as | ||||||
14 | security for
any such loan or as consideration for a payment of | ||||||
15 | eight hundred dollars or
less, providing penalties, and to | ||||||
16 | repeal Acts therein named", approved July
11, 1935, as | ||||||
17 | amended.
| ||||||
18 | (6) To administer and enforce the Safety Deposit License | ||||||
19 | Act "An Act to license and regulate the
keeping and letting of | ||||||
20 | safety deposit boxes, safes, and vaults, and the
opening | ||||||
21 | thereof, and to repeal a certain Act therein named", approved | ||||||
22 | June
13, 1945, as amended .
| ||||||
23 | (7) Whenever the Department is authorized or required by | ||||||
24 | law to consider
some aspect of criminal history record | ||||||
25 | information for the purpose of
carrying out its statutory | ||||||
26 | powers and responsibilities, then, upon request
and payment of |
| |||||||
| |||||||
1 | fees in conformance with the requirements of Section 2605-400 | ||||||
2 | of the Illinois State Police Law, the
Illinois State Police is | ||||||
3 | authorized to furnish, pursuant to positive
identification, | ||||||
4 | such information contained in State files as is necessary
to | ||||||
5 | fulfill the request.
| ||||||
6 | (8) To administer the Payday Loan Reform Act, the Consumer | ||||||
7 | Installment Loan Act, the Predatory Loan Prevention Act, the | ||||||
8 | Motor Vehicle Retail Installment Sales Act, and the Retail | ||||||
9 | Installment Sales Act.
| ||||||
10 | (Source: P.A. 101-658, eff. 3-23-21; 102-538, eff. 8-20-21; | ||||||
11 | revised 10-5-21.)
| ||||||
12 | Section 140. The Department of Innovation and Technology | ||||||
13 | Act is amended by changing Section 1-5 as follows:
| ||||||
14 | (20 ILCS 1370/1-5)
| ||||||
15 | Sec. 1-5. Definitions. In this Act: | ||||||
16 | "Client agency" means each transferring agency, or its | ||||||
17 | successor, and any other public agency to which the Department | ||||||
18 | provides service to the extent specified in an interagency | ||||||
19 | agreement with the public agency. | ||||||
20 | "Dedicated unit" means the dedicated bureau, division, | ||||||
21 | office, or other unit within a transferring agency that is | ||||||
22 | responsible for the information technology functions of the | ||||||
23 | transferring agency. | ||||||
24 | "Department" means the Department of Innovation and |
| |||||||
| |||||||
1 | Technology. | ||||||
2 | "Information technology" means technology, | ||||||
3 | infrastructure, equipment, systems, software, networks, and | ||||||
4 | processes used to create, send, receive, and store electronic | ||||||
5 | or digital information, including, without limitation, | ||||||
6 | computer systems and telecommunication services and systems. | ||||||
7 | "Information technology" shall be construed broadly to | ||||||
8 | incorporate future technologies (such as sensors and balanced | ||||||
9 | private hybrid or public cloud posture tailored to the mission | ||||||
10 | of the agency) that change or supplant those in effect as of | ||||||
11 | the effective date of this Act. | ||||||
12 | "Information technology functions" means the development, | ||||||
13 | procurement, installation, retention, maintenance, operation, | ||||||
14 | possession, storage, and related functions of all information | ||||||
15 | technology. | ||||||
16 | "Secretary" means the Secretary of Innovation and | ||||||
17 | Technology. | ||||||
18 | "State agency" means each State agency, department, board, | ||||||
19 | and commission under the jurisdiction of the Governor. | ||||||
20 | "Transferring agency" means the Department on Aging; the | ||||||
21 | Departments of Agriculture, Central Management Services, | ||||||
22 | Children and Family Services, Commerce and Economic | ||||||
23 | Opportunity, Corrections, Employment Security, Financial and | ||||||
24 | Professional Regulation, Healthcare and Family Services, Human | ||||||
25 | Rights, Human Services, Insurance, Juvenile Justice, Labor, | ||||||
26 | Lottery, Military Affairs, Natural Resources, Public Health, |
| |||||||
| |||||||
1 | Revenue, Transportation, and Veterans' Affairs; the Illinois | ||||||
2 | State Police; the Capital Development Board; the Deaf and Hard | ||||||
3 | of Hearing Commission; the Environmental Protection Agency; | ||||||
4 | the Governor's Office of Management and Budget; the | ||||||
5 | Guardianship and Advocacy Commission; the Abraham Lincoln | ||||||
6 | Presidential Library and Museum; the Illinois Arts Council; | ||||||
7 | the Illinois Council on Developmental Disabilities; the | ||||||
8 | Illinois Emergency Management Agency; the Illinois Gaming | ||||||
9 | Board; the Illinois Health Information Exchange Authority; the | ||||||
10 | Illinois Liquor Control Commission; the Office of the State | ||||||
11 | Fire Marshal; and the Prisoner Review Board.
| ||||||
12 | (Source: P.A. 102-376, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
13 | revised 9-28-21.) | ||||||
14 | Section 145. The Department of Insurance Law of the
Civil | ||||||
15 | Administrative Code of Illinois is amended by setting forth, | ||||||
16 | renumbering, and changing multiple
versions of Section 1405-40 | ||||||
17 | as follows: | ||||||
18 | (20 ILCS 1405/1405-40) | ||||||
19 | Sec. 1405-40. Transfer of functions. | ||||||
20 | (a) On July 1, 2021 ( the effective date of Public Act | ||||||
21 | 102-37) this amendatory Act of the 102nd General Assembly , all | ||||||
22 | powers, duties, rights, and responsibilities of the Insurance | ||||||
23 | Compliance Division within the Illinois Workers' Compensation | ||||||
24 | Commission are transferred to the Department of Insurance. The |
| |||||||
| |||||||
1 | personnel of the Insurance Compliance Division are transferred | ||||||
2 | to the Department of Insurance. The status and rights of such | ||||||
3 | personnel under the Personnel Code are not affected by the | ||||||
4 | transfer. The rights of the employees and the State of | ||||||
5 | Illinois and its agencies under the Personnel Code and | ||||||
6 | applicable collective bargaining agreements or under any | ||||||
7 | pension, retirement, or annuity plan are not affected by | ||||||
8 | Public Act 102-37 this amendatory Act of the 102nd General | ||||||
9 | Assembly . All books, records, papers, documents, property | ||||||
10 | (real and personal), contracts, causes of action, and pending | ||||||
11 | business pertaining to the powers, duties, rights, and | ||||||
12 | responsibilities transferred by Public Act 102-37 this | ||||||
13 | amendatory Act of the 102nd General Assembly from the | ||||||
14 | Insurance Compliance Division to the Department of Insurance, | ||||||
15 | including, but not limited to, material in electronic or | ||||||
16 | magnetic format and necessary computer hardware and software, | ||||||
17 | are transferred to the Department of Insurance. The powers, | ||||||
18 | duties, rights, and responsibilities relating to the Insurance | ||||||
19 | Compliance Division transferred by Public Act 102-37 this | ||||||
20 | amendatory Act of the 102nd General Assembly are vested in the | ||||||
21 | Department of Insurance. | ||||||
22 | (b) Whenever reports or notices are required to be made or | ||||||
23 | given or papers or documents furnished or served by any person | ||||||
24 | to or upon the Insurance Compliance Division in connection | ||||||
25 | with any of the powers, duties, rights, and responsibilities | ||||||
26 | transferred by Public Act 102-37 this amendatory Act of the |
| |||||||
| |||||||
1 | 102nd General Assembly , the Department of Insurance shall | ||||||
2 | make, give, furnish, or serve them. | ||||||
3 | (c) Public Act 102-37 This amendatory Act of the 102nd | ||||||
4 | General Assembly does not affect any act done, ratified, or | ||||||
5 | canceled, any right occurring or established, or any action or | ||||||
6 | proceeding had or commenced in an administrative, civil, or | ||||||
7 | criminal cause by the Insurance Compliance Division before | ||||||
8 | July 1, 2021 ( the effective date of Public Act 102-37) this | ||||||
9 | amendatory Act of the 102nd General Assembly . Such actions or | ||||||
10 | proceedings may be prosecuted and continued by the Department | ||||||
11 | of Insurance. | ||||||
12 | (d) Any rules that relate to its powers, duties, rights, | ||||||
13 | and responsibilities of the Insurance Compliance Division and | ||||||
14 | are in force on July 1, 2021 ( the effective date of Public Act | ||||||
15 | 102-37) this amendatory Act of the 102nd General Assembly | ||||||
16 | become the rules of the Department of Insurance. Public Act | ||||||
17 | 102-37 This amendatory Act of the 102nd General Assembly does | ||||||
18 | not affect the legality of any such rules. | ||||||
19 | (e) Any proposed rules filed with the Secretary of State | ||||||
20 | by the Illinois Workers' Compensation Commission that are | ||||||
21 | pending in the rulemaking process on July 1, 2021 ( the | ||||||
22 | effective date of Public Act 102-37) this amendatory Act of | ||||||
23 | the 102nd General Assembly and pertain to the transferred | ||||||
24 | powers, duties, rights, and responsibilities are deemed to | ||||||
25 | have been filed by the Department of Insurance. As soon as | ||||||
26 | practicable, the Department of Insurance shall revise and |
| |||||||
| |||||||
1 | clarify the rules transferred to it under Public Act 102-37 | ||||||
2 | t his amendatory Act of the 102nd General Assembly to reflect | ||||||
3 | the reorganization of powers, duties, rights, and | ||||||
4 | responsibilities affected by Public Act 102-37 this amendatory | ||||||
5 | Act of the 102nd General Assembly , using the procedures for | ||||||
6 | recodification of rules available under the Illinois | ||||||
7 | Administrative Procedure Act, except that existing title, | ||||||
8 | part, and section numbering for the affected rules may be | ||||||
9 | retained. The Department of Insurance may propose and adopt | ||||||
10 | under the Illinois Administrative Procedure Act other rules of | ||||||
11 | the Illinois Workers' Compensation Commission pertaining to | ||||||
12 | Public Act 102-37 this amendatory Act of the 102nd General | ||||||
13 | Assembly that are administered by the Department of Insurance.
| ||||||
14 | (Source: P.A. 102-37, eff. 7-1-21; revised 11-3-21.)
| ||||||
15 | (20 ILCS 1405/1405-45)
| ||||||
16 | Sec. 1405-45 1405-40 . Transfer of the Illinois | ||||||
17 | Comprehensive Health Insurance Plan. Upon entry of an Order of | ||||||
18 | Rehabilitation or Liquidation against the Comprehensive Health | ||||||
19 | Insurance Plan in accordance with Article XIII of the Illinois | ||||||
20 | Insurance Code, all powers, duties, rights, and | ||||||
21 | responsibilities of the Illinois Comprehensive Health | ||||||
22 | Insurance Plan and the Illinois Comprehensive Health Insurance | ||||||
23 | Board under the Comprehensive Health Insurance Plan Act shall | ||||||
24 | be transferred to and vested in the Director of Insurance as | ||||||
25 | rehabilitator or liquidator as provided in the provisions of |
| |||||||
| |||||||
1 | Public Act 102-159 this amendatory Act of the 102nd General | ||||||
2 | Assembly .
| ||||||
3 | (Source: P.A. 102-159, eff. 7-23-21; revised 11-3-21.)
| ||||||
4 | Section 150. The Department of Labor Law of the
Civil | ||||||
5 | Administrative Code of Illinois is amended by changing Section | ||||||
6 | 1505-215 as follows: | ||||||
7 | (20 ILCS 1505/1505-215) | ||||||
8 | Sec. 1505-215. Bureau on Apprenticeship Programs and Clean | ||||||
9 | Energy Jobs. | ||||||
10 | (a) For purposes of this Section, "clean energy sector" | ||||||
11 | means solar energy, wind energy, energy efficiency, solar | ||||||
12 | thermal, green hydrogen, geothermal, and electric vehicle | ||||||
13 | industries and other renewable energy industries, industries | ||||||
14 | achieving emission reductions, and related industries that | ||||||
15 | manufacture, develop, build, maintain, or provide ancillary | ||||||
16 | services to renewable energy resources or energy efficiency | ||||||
17 | products or services, including the manufacture and | ||||||
18 | installation of healthier building materials that contain | ||||||
19 | fewer hazardous chemicals. | ||||||
20 | (b) There is created within the Department of Labor a | ||||||
21 | Bureau on Apprenticeship Programs and Clean Energy Jobs. This | ||||||
22 | Bureau shall work to increase minority participation in active | ||||||
23 | apprentice programs in Illinois that are approved by the | ||||||
24 | United States Department of Labor and in clean energy jobs in |
| |||||||
| |||||||
1 | Illinois. The Bureau shall identify barriers to minorities | ||||||
2 | gaining access to construction careers and careers in the | ||||||
3 | clean energy sector and make recommendations to the Governor | ||||||
4 | and the General Assembly for policies to remove those | ||||||
5 | barriers. The Department may hire staff to perform outreach in | ||||||
6 | promoting diversity in active apprenticeship programs approved | ||||||
7 | by the United States Department of Labor. | ||||||
8 | (c) The Bureau shall annually compile racial and gender | ||||||
9 | workforce diversity information from contractors receiving | ||||||
10 | State or other public funds and by labor unions with members | ||||||
11 | working on projects receiving State or other public funds.
| ||||||
12 | (d) The Bureau shall compile racial and gender workforce | ||||||
13 | diversity information from certified transcripts of payroll | ||||||
14 | reports filed in the preceding year pursuant to the Prevailing | ||||||
15 | Wage Act for all clean energy sector construction projects. | ||||||
16 | The Bureau shall work with the Department of Commerce and | ||||||
17 | Economic Opportunity, the Illinois Power Agency, the Illinois | ||||||
18 | Commerce Commission, and other agencies, as necessary, to | ||||||
19 | receive and share data and reporting on racial and gender | ||||||
20 | workforce diversity, demographic data, and any other data | ||||||
21 | necessary to achieve the goals of this Section. | ||||||
22 | (e) By April 15, 2022 and every April 15 thereafter, the | ||||||
23 | Bureau shall publish and make available on the Department's | ||||||
24 | website a report summarizing the racial and gender diversity | ||||||
25 | of the workforce on all clean energy sector projects by | ||||||
26 | county. The report shall use a consistent structure for |
| |||||||
| |||||||
1 | information requests and presentation, with an easy-to-use | ||||||
2 | table of contents, to enable comparable year-over-year | ||||||
3 | solicitation and benchmarking of data. The development of the | ||||||
4 | report structure shall be open to a public review and comment | ||||||
5 | period. That report shall compare the race, ethnicity, and | ||||||
6 | gender of the workers on covered clean energy sector projects | ||||||
7 | to the general population of the county in which the project is | ||||||
8 | located. The report shall also disaggregate such data to | ||||||
9 | compare the race, ethnicity, and gender of workers employed by | ||||||
10 | union and nonunion contractors and compare the race, | ||||||
11 | ethnicity, and gender of workers who reside in Illinois and | ||||||
12 | those who reside outside of Illinois. The report shall also | ||||||
13 | include the race, ethnicity, and gender of the workers by | ||||||
14 | prevailing wage classification. | ||||||
15 | (f) The Bureau shall present its annual report to the | ||||||
16 | Energy Workforce Advisory Council in order to inform its | ||||||
17 | program evaluations, recommendations, and objectives pursuant | ||||||
18 | to Section 5-65 of the Energy Transition Act. The Bureau shall | ||||||
19 | also present its annual report to the Illinois Power Agency in | ||||||
20 | order to inform its ongoing equity and compliance efforts in | ||||||
21 | the clean energy sector. | ||||||
22 | The Bureau and all entities subject to the requirements of | ||||||
23 | subsection (d) shall hold an annual workshop open to the | ||||||
24 | public in 2022 and every year thereafter on the state of racial | ||||||
25 | and gender workforce diversity in the clean energy sector in | ||||||
26 | order to collaboratively seek solutions to structural |
| |||||||
| |||||||
1 | impediments to achieving diversity, equity, and inclusion | ||||||
2 | goals, including testimony from each participating entity, | ||||||
3 | subject matter experts, and advocates. | ||||||
4 | (g) The Bureau shall publish each annual report prepared | ||||||
5 | and filed pursuant to subsection (d) on the Department of | ||||||
6 | Labor's website for at least 5 years. | ||||||
7 | (Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20; | ||||||
8 | 102-558, eff. 8-20-21; 102-662, eff. 9-15-21; revised | ||||||
9 | 10-12-21.) | ||||||
10 | Section 155. The Illinois Lottery Law is amended by | ||||||
11 | changing Section 21.8 as follows: | ||||||
12 | (20 ILCS 1605/21.8) | ||||||
13 | Sec. 21.8. Quality of Life scratch-off game. | ||||||
14 | (a) The Department shall offer a special instant | ||||||
15 | scratch-off game with the title of "Quality of Life". The game | ||||||
16 | shall commence on July 1, 2007 or as soon thereafter, in the | ||||||
17 | discretion of the Director, as is reasonably practical, and | ||||||
18 | shall be discontinued on December 31, 2025. The operation of | ||||||
19 | the game is governed by this Act and by any rules adopted by | ||||||
20 | the Department. The Department must consult with the Quality | ||||||
21 | of Life Board, which is established under Section 2310-348 of | ||||||
22 | the Department of Public Health Powers and Duties Law of the
| ||||||
23 | Civil Administrative Code of Illinois, regarding the design | ||||||
24 | and promotion of the game. If any provision of this Section is |
| |||||||
| |||||||
1 | inconsistent with any other provision of this Act, then this | ||||||
2 | Section governs. | ||||||
3 | (b) The Quality of Life Endowment Fund is created as a | ||||||
4 | special fund in the State treasury. The net revenue from the | ||||||
5 | Quality of Life special instant scratch-off game must be | ||||||
6 | deposited into the Fund for appropriation by the General | ||||||
7 | Assembly solely to the Department of Public Health for the | ||||||
8 | purpose of HIV/AIDS-prevention education and for making grants | ||||||
9 | to public or private entities in Illinois for the purpose of | ||||||
10 | funding organizations that serve the highest at-risk | ||||||
11 | categories for contracting HIV or developing AIDS. Grants | ||||||
12 | shall be targeted to serve at-risk populations in proportion | ||||||
13 | to the distribution of recent reported Illinois HIV/AIDS cases | ||||||
14 | among risk groups as reported by the Illinois Department of | ||||||
15 | Public Health. The recipient organizations must be engaged in | ||||||
16 | HIV/AIDS-prevention education and HIV/AIDS healthcare | ||||||
17 | treatment. The Department must, before grants are awarded, | ||||||
18 | provide copies of all grant applications to the Quality of | ||||||
19 | Life Board, receive and review the Board's recommendations and | ||||||
20 | comments, and consult with the Board regarding the grants. | ||||||
21 | Organizational size will determine an organization's | ||||||
22 | competitive slot in the "Request for Proposal" process. | ||||||
23 | Organizations with an annual budget of $300,000 or less will | ||||||
24 | compete with like size organizations for 50% of the Quality of | ||||||
25 | Life annual fund. Organizations with an annual budget of | ||||||
26 | $300,001 to $700,000 will compete with like organizations for |
| |||||||
| |||||||
1 | 25% of the Quality of Life annual fund, and organizations with | ||||||
2 | an annual budget of $700,001 and upward will compete with like | ||||||
3 | organizations for 25% of the Quality of Life annual fund. The | ||||||
4 | lottery may designate a percentage of proceeds for marketing | ||||||
5 | purposes purpose . The grant funds may not be used for | ||||||
6 | institutional, organizational, or community-based overhead | ||||||
7 | costs, indirect costs, or levies. | ||||||
8 | Grants awarded from the Fund are intended to augment the | ||||||
9 | current and future State funding for the prevention and | ||||||
10 | treatment of HIV/AIDS and are not intended to replace that | ||||||
11 | funding.
| ||||||
12 | Moneys received for the purposes of this Section, | ||||||
13 | including, without limitation, net revenue from the special | ||||||
14 | instant scratch-off game and gifts, grants, and awards from | ||||||
15 | any public or private entity, must be deposited into the Fund. | ||||||
16 | Any interest earned on moneys in the Fund must be deposited | ||||||
17 | into the Fund. | ||||||
18 | For purposes of this subsection, "net revenue" means the | ||||||
19 | total amount for which tickets have been sold less the sum of | ||||||
20 | the amount paid out in prizes and the actual administrative | ||||||
21 | expenses of the Department solely related to the Quality of | ||||||
22 | Life game. | ||||||
23 | (c) During the time that tickets are sold for the Quality | ||||||
24 | of Life game, the Department shall not unreasonably diminish | ||||||
25 | the efforts devoted to marketing any other instant scratch-off | ||||||
26 | lottery game. |
| |||||||
| |||||||
1 | (d) The Department may adopt any rules necessary to | ||||||
2 | implement and administer the provisions of this Section in | ||||||
3 | consultation with the Quality of Life Board.
| ||||||
4 | (Source: P.A. 98-499, eff. 8-16-13; 99-791, eff. 8-12-16; | ||||||
5 | revised 12-2-21.) | ||||||
6 | Section 160. The Department of Healthcare and Family | ||||||
7 | Services Law of the
Civil Administrative Code of Illinois is | ||||||
8 | amended by renumbering Section 30 as follows: | ||||||
9 | (20 ILCS 2205/2205-31) | ||||||
10 | Sec. 2205-31 30 . Health care telementoring. | ||||||
11 | (a) The Department of Healthcare and Family Services shall | ||||||
12 | designate one or more health care telementoring entities based | ||||||
13 | on an application to be developed by the Department of | ||||||
14 | Healthcare and Family Services. Applicants shall demonstrate a | ||||||
15 | record of expertise and demonstrated success in providing | ||||||
16 | health care telementoring services. Approved applicants from | ||||||
17 | Illinois shall be eligible for State funding in accordance | ||||||
18 | with rules developed by the Department of Healthcare and | ||||||
19 | Family Services. Funding shall be provided based on the number | ||||||
20 | of physicians who are assisted by each approved health care | ||||||
21 | telementoring entity and the hours of assistance provided to | ||||||
22 | each physician. | ||||||
23 | (b) In this Section, "health care telementoring" means a | ||||||
24 | program: |
| |||||||
| |||||||
1 | (1) based on interactive video technology that | ||||||
2 | connects groups of community health care providers in | ||||||
3 | urban and rural underserved areas with specialists in | ||||||
4 | regular real-time collaborative sessions; | ||||||
5 | (2) designed around case-based learning and | ||||||
6 | mentorship; and | ||||||
7 | (3) that helps local health care providers gain the | ||||||
8 | expertise required to more effectively provide needed | ||||||
9 | services. | ||||||
10 | "Health care telementoring" includes, but is not limited | ||||||
11 | to, a program provided to improve services in a variety of | ||||||
12 | areas, including, but not limited to, adolescent health, | ||||||
13 | Hepatitis C, complex diabetes, geriatrics, mental illness, | ||||||
14 | opioid use disorders, substance use disorders, maternity care, | ||||||
15 | childhood adversity and trauma, pediatric ADHD, and other | ||||||
16 | priorities identified by the Department of Healthcare and | ||||||
17 | Family Services.
| ||||||
18 | (Source: P.A. 102-512, eff. 1-1-22; revised 9-30-21.) | ||||||
19 | Section 165. The Department of Public Health Powers and | ||||||
20 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
21 | amended by changing Section 2310-223 and by setting forth and | ||||||
22 | renumbering multiple
versions of Section 2310-431 as follows: | ||||||
23 | (20 ILCS 2310/2310-223) | ||||||
24 | Sec. 2310-223. Maternal care. |
| |||||||
| |||||||
1 | (a) The Department shall establish a classification system | ||||||
2 | for the following levels of maternal care: | ||||||
3 | (1) basic care: care of uncomplicated pregnancies with | ||||||
4 | the ability to detect, stabilize, and initiate management | ||||||
5 | of unanticipated maternal-fetal or neonatal problems that | ||||||
6 | occur during the antepartum, intrapartum, or postpartum | ||||||
7 | period until the patient can be transferred to a facility | ||||||
8 | at which specialty maternal care is available; | ||||||
9 | (2) specialty care: basic care plus care of | ||||||
10 | appropriate high-risk antepartum, intrapartum, or | ||||||
11 | postpartum conditions, both directly admitted and | ||||||
12 | transferred to another facility; | ||||||
13 | (3) subspecialty care: specialty care plus care of | ||||||
14 | more complex maternal medical conditions, obstetric | ||||||
15 | complications, and fetal conditions; and | ||||||
16 | (4) regional perinatal health care: subspecialty care | ||||||
17 | plus on-site medical and surgical care of the most complex | ||||||
18 | maternal conditions, critically ill pregnant women, and | ||||||
19 | fetuses throughout antepartum, intrapartum, and postpartum | ||||||
20 | care. | ||||||
21 | (b) The Department shall: | ||||||
22 | (1) introduce uniform designations for levels of | ||||||
23 | maternal care that are complementary complimentary but | ||||||
24 | distinct from levels of neonatal care; | ||||||
25 | (2) establish clear, uniform criteria for designation | ||||||
26 | of maternal centers that are integrated with emergency |
| |||||||
| |||||||
1 | response systems to help ensure that the appropriate | ||||||
2 | personnel, physical space, equipment, and technology are | ||||||
3 | available to achieve optimal outcomes, as well as to | ||||||
4 | facilitate subsequent data collection regarding | ||||||
5 | risk-appropriate care; | ||||||
6 | (3) require each health care facility to have a clear | ||||||
7 | understanding of its capability to handle increasingly | ||||||
8 | complex levels of maternal care, and to have a | ||||||
9 | well-defined threshold for transferring women to health | ||||||
10 | care facilities that offer a higher level of care; to | ||||||
11 | ensure optimal care of all pregnant women, the Department | ||||||
12 | shall require all birth centers, hospitals, and | ||||||
13 | higher-level facilities to collaborate in order to develop | ||||||
14 | and maintain maternal and neonatal transport plans and | ||||||
15 | cooperative agreements capable of managing the health care | ||||||
16 | needs of women who develop complications; the Department | ||||||
17 | shall require that receiving hospitals openly accept | ||||||
18 | transfers; | ||||||
19 | (4) require higher-level facilities to provide | ||||||
20 | training for quality improvement initiatives, educational | ||||||
21 | support, and severe morbidity and mortality case review | ||||||
22 | for lower-level hospitals; the Department shall ensure | ||||||
23 | that, in those regions that do not have a facility that | ||||||
24 | qualifies as a regional perinatal health care facility, | ||||||
25 | any specialty care facility in the region will provide the | ||||||
26 | educational and consultation function; |
| |||||||
| |||||||
1 | (5) require facilities and regional systems to develop | ||||||
2 | methods to track severe maternal morbidity and mortality | ||||||
3 | to assess the efficacy of utilizing maternal levels of | ||||||
4 | care; | ||||||
5 | (6) analyze data collected from all facilities and | ||||||
6 | regional systems in order to inform future updates to the | ||||||
7 | levels of maternal care; | ||||||
8 | (7) require follow-up interdisciplinary work groups to | ||||||
9 | further explore the implementation needs that are | ||||||
10 | necessary to adopt the proposed classification system for | ||||||
11 | levels of maternal care in all facilities that provide | ||||||
12 | maternal care; | ||||||
13 | (8) disseminate data and materials to raise public | ||||||
14 | awareness about the importance of prenatal care and | ||||||
15 | maternal health; | ||||||
16 | (9) engage the Illinois Chapter of the American | ||||||
17 | Academy of Pediatrics in creating a quality improvement | ||||||
18 | initiative to expand efforts of pediatricians conducting | ||||||
19 | postpartum depression screening at well baby visits during | ||||||
20 | the first year of life; and | ||||||
21 | (10) adopt rules in accordance with the Illinois | ||||||
22 | Administrative Procedure Act to implement this subsection.
| ||||||
23 | (Source: P.A. 101-447, eff. 8-23-19; 102-558, eff. 8-20-21; | ||||||
24 | revised 12-1-21.) | ||||||
25 | (20 ILCS 2310/2310-431) |
| |||||||
| |||||||
1 | Sec. 2310-431. Healthy Illinois Survey. | ||||||
2 | (a) The General Assembly finds the following: | ||||||
3 | (1) The Coronavirus pandemic that struck in 2020 | ||||||
4 | caused more illness and death in Black, Latinx, and other | ||||||
5 | communities with people of color in Illinois. | ||||||
6 | (2) Many rural and other underserved communities in | ||||||
7 | Illinois experienced higher rates of COVID-19 illness and | ||||||
8 | death than higher-resourced communities. | ||||||
9 | (3) The structural racism and underlying health and | ||||||
10 | social disparities in communities of color and other | ||||||
11 | underserved communities that produced these COVID-19 | ||||||
12 | disparities also produce disparities in chronic disease, | ||||||
13 | access to care, and social determinants of health, such as | ||||||
14 | overcrowded housing and prevalence of working in low-wage | ||||||
15 | essential jobs. | ||||||
16 | (4) Traditional public health data collected by | ||||||
17 | existing methods is insufficient to help State and local | ||||||
18 | governments, health care partners, and communities | ||||||
19 | understand local health concerns and social factors | ||||||
20 | associated with health. Nor does the data provide adequate | ||||||
21 | information to help identify policies and interventions | ||||||
22 | that address health inequities. | ||||||
23 | (5) Comprehensive, relevant, and current public health | ||||||
24 | data could be used to: identify health concerns for | ||||||
25 | communities across Illinois; understand environmental, | ||||||
26 | neighborhood, and social factors associated with health; |
| |||||||
| |||||||
1 | and support the development, implementation, and progress | ||||||
2 | of programs for public health interventions and addressing | ||||||
3 | health inequities. | ||||||
4 | (b) Subject to appropriation, the Department shall | ||||||
5 | administer an annual survey, which shall be named the Healthy | ||||||
6 | Illinois Survey. The Healthy Illinois Survey shall: | ||||||
7 | (1) include interviews of a sample of State residents | ||||||
8 | such that statistically reliable data for every county, | ||||||
9 | zip code groupings within more highly populated counties | ||||||
10 | and cities, suburban Cook County municipalities, and | ||||||
11 | Chicago community areas can be developed, as well as | ||||||
12 | statistically reliable data on racial, ethnic, gender, | ||||||
13 | age, and other demographic groups of State residents | ||||||
14 | important to inform health equity goals; | ||||||
15 | (2) be collected at the zip code level; and | ||||||
16 | (3) include questions on a range of topics designed to | ||||||
17 | establish an initial baseline public health data set and | ||||||
18 | annual updates, including: | ||||||
19 | (A) access to health services; | ||||||
20 | (B) civic engagement; | ||||||
21 | (C) childhood experiences; | ||||||
22 | (D) chronic health conditions; | ||||||
23 | (E) COVID-19; | ||||||
24 | (F) diet; | ||||||
25 | (G) financial security; | ||||||
26 | (H) food security; |
| |||||||
| |||||||
1 | (I) mental health; | ||||||
2 | (J) community conditions; | ||||||
3 | (K) physical activity; | ||||||
4 | (L) physical safety; | ||||||
5 | (M) substance abuse; and | ||||||
6 | (N) violence. | ||||||
7 | (c) In developing the Healthy Illinois Survey, the | ||||||
8 | Department shall consult with local public health departments | ||||||
9 | and stakeholders with expertise in health, mental health, | ||||||
10 | nutrition, physical activity, violence prevention, safety, | ||||||
11 | tobacco and drug use, and emergency preparedness with the goal | ||||||
12 | of developing a comprehensive survey that will assist the | ||||||
13 | State and other partners in developing the data to measure | ||||||
14 | public health and health equity. | ||||||
15 | (d) The Department shall provide the results of the | ||||||
16 | Healthy Illinois Survey in forms useful to cities, | ||||||
17 | communities, local health departments, hospitals, and other | ||||||
18 | potential users, including annually publishing on its website | ||||||
19 | data at the most granular geographic and demographic levels | ||||||
20 | possible while protecting identifying information. The | ||||||
21 | Department shall produce periodic special reports and analyses | ||||||
22 | relevant to ongoing and emerging health and social issues in | ||||||
23 | communities and the State. The Department shall use this data | ||||||
24 | to inform the development and monitoring of its State Health | ||||||
25 | Assessment. The Department shall provide the full relevant | ||||||
26 | jurisdictional data set to local health departments for their |
| |||||||
| |||||||
1 | local use and analysis each year. | ||||||
2 | (e) The identity, or any group of facts that tends to lead | ||||||
3 | to the identity, of any person whose condition or
treatment is | ||||||
4 | submitted to the Healthy Illinois Survey is confidential and | ||||||
5 | shall not be open to public inspection
or dissemination and is | ||||||
6 | exempt from disclosure under Section 7 of the Freedom of | ||||||
7 | Information Act.
Information for specific research purposes | ||||||
8 | may be released in accordance with procedures established by
| ||||||
9 | the Department.
| ||||||
10 | (Source: P.A. 102-483, eff. 1-1-22.)
| ||||||
11 | (20 ILCS 2310/2310-432)
| ||||||
12 | Sec. 2310-432 2310-431 . Medical examiner offices; medical | ||||||
13 | facilities. The Department shall ensure that medical examiner | ||||||
14 | offices are included as part of medical facilities for the | ||||||
15 | purposes of complying with and implementing Sections 212(e) | ||||||
16 | and 214(l) of the federal Immigration and Nationality Act (8 | ||||||
17 | U.S.C. 1182(e) and 8 U.S.C. 1184(l)) and 22 CFR 62 regarding | ||||||
18 | the federal Exchange Visitor Program.
| ||||||
19 | (Source: P.A. 102-488, eff. 1-1-22; revised 11-3-21.)
| ||||||
20 | Section 170. The Illinois State Police Law of the
Civil | ||||||
21 | Administrative Code of Illinois is amended by changing | ||||||
22 | Sections 2605-35, 2605-40, 2605-50, 2605-410, and 2605-605 and | ||||||
23 | by setting forth, renumbering, and changing multiple
versions | ||||||
24 | of Section 2601-51 as follows:
|
| |||||||
| |||||||
1 | (20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
| ||||||
2 | Sec. 2605-35. Division of Criminal
Investigation. | ||||||
3 | (a) The Division of Criminal
Investigation shall exercise
| ||||||
4 | the following functions and those in Section 2605-30:
| ||||||
5 | (1) Exercise the rights, powers, and duties vested by
| ||||||
6 | law in the Illinois State Police by the Illinois Horse | ||||||
7 | Racing Act of 1975, including those set forth in Section | ||||||
8 | 2605-215.
| ||||||
9 | (2) Investigate the origins, activities, personnel, | ||||||
10 | and
incidents of crime and enforce the criminal laws of | ||||||
11 | this State related thereto.
| ||||||
12 | (3) Enforce all laws regulating the production, sale,
| ||||||
13 | prescribing, manufacturing, administering, transporting, | ||||||
14 | having in possession,
dispensing, delivering, | ||||||
15 | distributing, or use of controlled substances
and | ||||||
16 | cannabis.
| ||||||
17 | (4) Cooperate with the police of cities, villages, and
| ||||||
18 | incorporated towns and with the police officers of any | ||||||
19 | county in
enforcing the laws of the State and in making | ||||||
20 | arrests and recovering
property.
| ||||||
21 | (5) Apprehend and deliver up any person charged in | ||||||
22 | this State or any other
state with treason or a felony or | ||||||
23 | other crime who has fled from justice and is
found in this | ||||||
24 | State.
| ||||||
25 | (6) Investigate recipients and providers under the |
| |||||||
| |||||||
1 | Illinois Public Aid
Code and any personnel involved in the | ||||||
2 | administration of the Code who are
suspected of any | ||||||
3 | violation of the Code pertaining to fraud in the
| ||||||
4 | administration, receipt, or provision of assistance and | ||||||
5 | pertaining to any
violation of criminal law; and exercise | ||||||
6 | the functions required under Section
2605-220 in the | ||||||
7 | conduct of those investigations.
| ||||||
8 | (7) Conduct other investigations as provided by law.
| ||||||
9 | (8) Investigate public corruption. .
| ||||||
10 | (9) Exercise other duties that may be assigned by the | ||||||
11 | Director in order to
fulfill the responsibilities and | ||||||
12 | achieve the purposes of the Illinois State Police, which | ||||||
13 | may include the coordination of gang, terrorist, and | ||||||
14 | organized crime prevention, control activities, and | ||||||
15 | assisting local law enforcement in their crime control | ||||||
16 | activities.
| ||||||
17 | (b) (Blank).
| ||||||
18 | (Source: P.A. 102-538, eff. 8-20-21; revised 12-2-21.)
| ||||||
19 | (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
| ||||||
20 | Sec. 2605-40. Division of Forensic Services. The Division | ||||||
21 | of
Forensic Services shall exercise the following functions:
| ||||||
22 | (1) Provide crime scene services and traffic crash | ||||||
23 | reconstruction. .
| ||||||
24 | (2) Exercise the rights, powers, and duties vested by
| ||||||
25 | law in the Illinois State Police by Section 2605-300 of |
| |||||||
| |||||||
1 | this Law.
| ||||||
2 | (3) Provide assistance to local law enforcement | ||||||
3 | agencies
through training, management, and consultant | ||||||
4 | services.
| ||||||
5 | (4) (Blank).
| ||||||
6 | (5) Exercise other duties that may be assigned by the | ||||||
7 | Director in
order to fulfill the responsibilities and | ||||||
8 | achieve the purposes of the Illinois State Police.
| ||||||
9 | (6) Establish and operate a forensic science | ||||||
10 | laboratory system,
including a forensic toxicological | ||||||
11 | laboratory service, for the purpose of
testing specimens | ||||||
12 | submitted by coroners and other law enforcement officers
| ||||||
13 | in their efforts to determine whether alcohol, drugs, or | ||||||
14 | poisonous or other
toxic substances have been involved in | ||||||
15 | deaths, accidents, or illness.
Forensic toxicological | ||||||
16 | laboratories shall be established in Springfield,
Chicago, | ||||||
17 | and elsewhere in the State as needed.
| ||||||
18 | (6.5) Establish administrative rules in order to set | ||||||
19 | forth standardized requirements for the disclosure of | ||||||
20 | toxicology results and other relevant documents related to | ||||||
21 | a toxicological analysis. These administrative rules are | ||||||
22 | to be adopted to produce uniform and sufficient | ||||||
23 | information to allow a proper, well-informed determination | ||||||
24 | of the admissibility of toxicology evidence and to ensure | ||||||
25 | that this evidence is presented competently. These | ||||||
26 | administrative rules are designed to provide a minimum |
| |||||||
| |||||||
1 | standard for compliance of toxicology evidence and are not | ||||||
2 | intended to limit the production and discovery of material | ||||||
3 | information. | ||||||
4 | (7) Subject to specific appropriations made for these | ||||||
5 | purposes, establish
and coordinate a system for providing | ||||||
6 | accurate and expedited
forensic science and other | ||||||
7 | investigative and laboratory services to local law
| ||||||
8 | enforcement agencies and local State's Attorneys in aid of | ||||||
9 | the investigation
and trial of capital cases.
| ||||||
10 | (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21; | ||||||
11 | revised 12-2-21.)
| ||||||
12 | (20 ILCS 2605/2605-50) (was 20 ILCS 2605/55a-6)
| ||||||
13 | Sec. 2605-50. Division of Internal Investigation. The | ||||||
14 | Division
of Internal Investigation shall have jurisdiction and | ||||||
15 | initiate internal Illinois State Police
investigations and, at | ||||||
16 | the direction of the Governor,
investigate
complaints and | ||||||
17 | initiate investigations of official misconduct by State | ||||||
18 | officers
and all State employees. Notwithstanding any other | ||||||
19 | provisions of law, the Division shall serve as the | ||||||
20 | investigative body for the Illinois State Police for purposes | ||||||
21 | of compliance with the provisions of Sections 12.6 and 12.7 of | ||||||
22 | the Illinois State Police this Act.
| ||||||
23 | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
24 | revised 10-4-21.)
|
| |||||||
| |||||||
1 | (20 ILCS 2605/2605-51)
| ||||||
2 | Sec. 2605-51. Division of the Academy and Training. | ||||||
3 | (a) The Division of the Academy and Training shall | ||||||
4 | exercise, but not be limited to, the following functions: | ||||||
5 | (1) Oversee and operate the Illinois State Police | ||||||
6 | Training Academy. | ||||||
7 | (2) Train and prepare new officers for a career in law | ||||||
8 | enforcement, with innovative, quality training and | ||||||
9 | educational practices. | ||||||
10 | (3) Offer continuing training and educational programs | ||||||
11 | for Illinois State Police employees. | ||||||
12 | (4) Oversee the Illinois State Police's recruitment | ||||||
13 | initiatives. | ||||||
14 | (5) Oversee and operate the Illinois State Police's | ||||||
15 | quartermaster. | ||||||
16 | (6) Duties assigned to the Illinois State Police in | ||||||
17 | Article 5, Chapter 11 of the Illinois Vehicle Code | ||||||
18 | concerning testing and training officers on the detection | ||||||
19 | of impaired driving. | ||||||
20 | (7) Duties assigned to the Illinois State Police in | ||||||
21 | Article 108B of the Code of Criminal Procedure. | ||||||
22 | (b) The Division of the Academy and Training shall | ||||||
23 | exercise the rights, powers, and duties vested in the former | ||||||
24 | Division of State Troopers by Section 17 of the Illinois State | ||||||
25 | Police Act. | ||||||
26 | (c) Specialized training. |
| |||||||
| |||||||
1 | (1) Training; cultural diversity. The Division of the | ||||||
2 | Academy and Training shall provide training and continuing | ||||||
3 | education to State police officers concerning cultural | ||||||
4 | diversity, including sensitivity toward racial and ethnic | ||||||
5 | differences. This training and continuing education shall | ||||||
6 | include, but not be limited to, an emphasis on the fact | ||||||
7 | that the primary purpose of enforcement of the Illinois | ||||||
8 | Vehicle Code is safety and equal and uniform enforcement | ||||||
9 | under the law. | ||||||
10 | (2) Training; death and homicide investigations. The | ||||||
11 | Division of the Academy and Training shall provide | ||||||
12 | training in death and homicide investigation for State | ||||||
13 | police officers. Only State police officers who | ||||||
14 | successfully complete the training may be assigned as lead | ||||||
15 | investigators in death and homicide investigations. | ||||||
16 | Satisfactory completion of the training shall be evidenced | ||||||
17 | by a certificate issued to the officer by the Division of | ||||||
18 | the Academy and Training. The Director shall develop a | ||||||
19 | process for waiver applications for officers whose prior | ||||||
20 | training and experience as homicide investigators may | ||||||
21 | qualify them for a waiver. The Director may issue a | ||||||
22 | waiver, at his or her discretion, based solely on the | ||||||
23 | prior training and experience of an officer as a homicide | ||||||
24 | investigator. | ||||||
25 | (3) Training; police dog training standards. All | ||||||
26 | police dogs used by the Illinois State Police for drug |
| |||||||
| |||||||
1 | enforcement purposes pursuant to the Cannabis Control Act, | ||||||
2 | the Illinois Controlled Substances Act, and the | ||||||
3 | Methamphetamine Control and Community Protection Act shall | ||||||
4 | be trained by programs that meet the certification | ||||||
5 | requirements set by the Director or the Director's | ||||||
6 | designee. Satisfactory completion of the training shall be | ||||||
7 | evidenced by a certificate issued by the Division of the | ||||||
8 | Academy and Training. | ||||||
9 | (4) Training; post-traumatic stress disorder. The | ||||||
10 | Division of the Academy and Training shall conduct or | ||||||
11 | approve a training program in post-traumatic stress | ||||||
12 | disorder for State police officers. The purpose of that | ||||||
13 | training shall be to equip State police officers to | ||||||
14 | identify the symptoms of post-traumatic stress disorder | ||||||
15 | and to respond appropriately to individuals exhibiting | ||||||
16 | those symptoms. | ||||||
17 | (5) Training; opioid antagonists. The Division of the | ||||||
18 | Academy and Training shall conduct or approve a training | ||||||
19 | program for State police officers in the administration of | ||||||
20 | opioid antagonists as defined in paragraph (1) of | ||||||
21 | subsection (e) of Section 5-23 of the Substance Use | ||||||
22 | Disorder Act that is in accordance with that Section. As | ||||||
23 | used in this Section, "State police officers" includes | ||||||
24 | full-time or part-time State police officers, | ||||||
25 | investigators, and any other employee of the Illinois | ||||||
26 | State Police exercising the powers of a peace officer. |
| |||||||
| |||||||
1 | (6) Training; sexual assault and sexual abuse. | ||||||
2 | (A) Every 3 years, the Division of the Academy and | ||||||
3 | Training shall present in-service training on sexual | ||||||
4 | assault and sexual abuse response and report writing | ||||||
5 | training requirements, including, but not limited to, | ||||||
6 | the following: | ||||||
7 | (i) recognizing the symptoms of trauma; | ||||||
8 | (ii) understanding the role trauma has played | ||||||
9 | in a victim's life; | ||||||
10 | (iii) responding to the needs and concerns of | ||||||
11 | a victim; | ||||||
12 | (iv) delivering services in a compassionate, | ||||||
13 | sensitive, and nonjudgmental manner; | ||||||
14 | (v) interviewing techniques in accordance with | ||||||
15 | the curriculum standards in this paragraph (6); | ||||||
16 | (vi) understanding cultural perceptions and | ||||||
17 | common myths of sexual assault and sexual abuse; | ||||||
18 | and | ||||||
19 | (vii) report writing techniques in accordance | ||||||
20 | with the curriculum standards in this paragraph | ||||||
21 | (6). | ||||||
22 | (B) This training must also be presented in all | ||||||
23 | full and part-time basic law enforcement academies. | ||||||
24 | (C) Instructors providing this training shall have | ||||||
25 | successfully completed training on evidence-based, | ||||||
26 | trauma-informed, victim-centered responses to cases of |
| |||||||
| |||||||
1 | sexual assault and sexual abuse and have experience | ||||||
2 | responding to sexual assault and sexual abuse cases. | ||||||
3 | (D) The Illinois State Police shall adopt rules, | ||||||
4 | in consultation with the Office of the Attorney | ||||||
5 | General and the Illinois Law Enforcement Training | ||||||
6 | Standards Board, to determine the specific training | ||||||
7 | requirements for these courses, including, but not | ||||||
8 | limited to, the following: | ||||||
9 | (i) evidence-based curriculum standards for | ||||||
10 | report writing and immediate response to sexual | ||||||
11 | assault and sexual abuse, including | ||||||
12 | trauma-informed, victim-centered interview | ||||||
13 | techniques, which have been demonstrated to | ||||||
14 | minimize retraumatization, for all State police | ||||||
15 | officers; and | ||||||
16 | (ii) evidence-based curriculum standards for | ||||||
17 | trauma-informed, victim-centered investigation | ||||||
18 | and interviewing techniques, which have been | ||||||
19 | demonstrated to minimize retraumatization, for | ||||||
20 | cases of sexual assault and sexual abuse for all | ||||||
21 | State police officers who conduct sexual assault | ||||||
22 | and sexual abuse investigations. | ||||||
23 | (7) Training; human trafficking. The Division of the | ||||||
24 | Academy and Training shall conduct or approve a training | ||||||
25 | program in the detection and investigation of all forms of | ||||||
26 | human trafficking, including, but not limited to, |
| |||||||
| |||||||
1 | involuntary servitude under subsection (b) of Section 10-9 | ||||||
2 | of the Criminal Code of 2012, involuntary sexual servitude | ||||||
3 | of a minor under subsection (c) of Section 10-9 of the | ||||||
4 | Criminal Code of 2012, and trafficking in persons under | ||||||
5 | subsection (d) of Section 10-9 of the Criminal Code of | ||||||
6 | 2012. This program shall be made available to all cadets | ||||||
7 | and State police officers. | ||||||
8 | (8) Training; hate crimes. The Division of the Academy | ||||||
9 | and Training shall provide training for State police | ||||||
10 | officers in identifying, responding to, and reporting all | ||||||
11 | hate crimes.
| ||||||
12 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
13 | (20 ILCS 2605/2605-51.1) | ||||||
14 | (This Section may contain text from a Public Act with a | ||||||
15 | delayed effective date ) | ||||||
16 | (Section scheduled to be repealed on June 1, 2026) | ||||||
17 | Sec. 2605-51.1 2605-51 . Commission on Implementing the | ||||||
18 | Firearms Restraining Order Act. | ||||||
19 | (a) There is created the Commission on Implementing the | ||||||
20 | Firearms Restraining Order Act composed of at least 12 members | ||||||
21 | to advise on the strategies of education and implementation of | ||||||
22 | the Firearms Restraining Order Act. The Commission shall be | ||||||
23 | appointed by the Director of the Illinois State Police or his | ||||||
24 | or her designee and shall include a liaison or representative | ||||||
25 | nominated from the following: |
| |||||||
| |||||||
1 | (1) the Office of the Attorney General, appointed by | ||||||
2 | the Attorney General; | ||||||
3 | (2) the Director of the Illinois State Police or his | ||||||
4 | or her designee; | ||||||
5 | (3) at least 3 State's Attorneys, nominated by the | ||||||
6 | Director of the Office of the State's Attorneys Appellate | ||||||
7 | Prosecutor; | ||||||
8 | (4) at least 2 municipal police department | ||||||
9 | representatives,
nominated by the Illinois Association of | ||||||
10 | Chiefs of Police; | ||||||
11 | (5) an Illinois sheriff,
nominated by the Illinois | ||||||
12 | Sheriffs' Association; | ||||||
13 | (6) the Director of Public Health or his or her | ||||||
14 | designee; | ||||||
15 | (7) the Illinois Law Enforcement Training Standards | ||||||
16 | Board, nominated by the Executive Director of the Board; | ||||||
17 | (8) a representative from a public defender's office,
| ||||||
18 | nominated by the State Appellate Defender; | ||||||
19 | (9) a circuit court judge,
nominated by the Chief | ||||||
20 | Justice of the Supreme Court; | ||||||
21 | (10) a prosecutor with experience managing or | ||||||
22 | directing a program in another state where the | ||||||
23 | implementation of that state's extreme risk protection | ||||||
24 | order law has achieved high rates of petition filings | ||||||
25 | nominated by the National District Attorneys Association; | ||||||
26 | and |
| |||||||
| |||||||
1 | (11) an expert from law enforcement who has experience | ||||||
2 | managing or directing a program in another state where the | ||||||
3 | implementation of that state's extreme risk protection | ||||||
4 | order law has achieved high rates of petition filings | ||||||
5 | nominated by the Director of the Illinois State Police. | ||||||
6 | (b)
The Commission shall be chaired by the Director of the | ||||||
7 | Illinois State Police or his or her designee. The Commission | ||||||
8 | shall meet, either virtually or in person, to discuss the | ||||||
9 | implementation of the Firearms Restraining Order Act as | ||||||
10 | determined by the Commission while the strategies are being | ||||||
11 | established. | ||||||
12 | (c) The members of the Commission shall serve without | ||||||
13 | compensation and shall serve 3-year terms. | ||||||
14 | (d) An annual report shall be submitted to the General | ||||||
15 | Assembly by the Commission that may include summary | ||||||
16 | information about firearms restraining order use by county, | ||||||
17 | challenges to Firearms Restraining Order Act implementation, | ||||||
18 | and recommendations for increasing and improving | ||||||
19 | implementation. | ||||||
20 | (e)
The Commission shall develop a model policy with an | ||||||
21 | overall framework for the timely relinquishment of firearms | ||||||
22 | whenever a firearms restraining order is issued. The model | ||||||
23 | policy shall be finalized within the first 4 months of | ||||||
24 | convening. In formulating the model policy, the Commission | ||||||
25 | shall consult counties in Illinois and other states with | ||||||
26 | extreme risk protection order laws which have achieved a high |
| |||||||
| |||||||
1 | rate of petition filings. Once approved, the Illinois State | ||||||
2 | Police shall work with their local law enforcement agencies | ||||||
3 | within their county to design a comprehensive strategy for the | ||||||
4 | timely relinquishment of firearms, using the model policy as | ||||||
5 | an overall framework. Each individual agency may make small | ||||||
6 | modifications as needed to the model policy and must approve | ||||||
7 | and adopt a policy that aligns with the model policy. The | ||||||
8 | Illinois State Police shall convene local police chiefs and | ||||||
9 | sheriffs within their county as needed to discuss the | ||||||
10 | relinquishment of firearms. | ||||||
11 | (f) The Commission shall be dissolved June 1, 2025 ( 3 | ||||||
12 | years after the effective date of Public Act 102-345) this | ||||||
13 | amendatory Act of the 102nd General Assembly . | ||||||
14 | (g) This Section is repealed June 1, 2026 ( 4 years after | ||||||
15 | the effective date of Public Act 102-345) this amendatory Act | ||||||
16 | of the 102nd General Assembly .
| ||||||
17 | (Source: P.A. 102-345, eff. 6-1-22; revised 11-3-21.) | ||||||
18 | (20 ILCS 2605/2605-410) | ||||||
19 | (Section scheduled to be repealed on January 1, 2023) | ||||||
20 | Sec. 2605-410. Over Dimensional Load Police Escort Fund. | ||||||
21 | To charge, collect, and receive fees or moneys as described in | ||||||
22 | Section 15-312 of the Illinois Vehicle Code. All fees received | ||||||
23 | by the Illinois State Police under Section 15-312 of the | ||||||
24 | Illinois Vehicle Code shall be deposited into the Over | ||||||
25 | Dimensional Load Police Escort Fund, a special fund that is |
| |||||||
| |||||||
1 | created in the State treasury. Subject to appropriation, the | ||||||
2 | money in the Over Dimensional Load Police Escort Fund shall be | ||||||
3 | used by the Illinois State Police for its expenses in | ||||||
4 | providing police escorts and commercial vehicle enforcement | ||||||
5 | activities. This Fund is dissolved upon the transfer of the | ||||||
6 | remaining balance from the Over Dimensional Load Police Escort | ||||||
7 | Fund to the State Police Operations Assistance Fund as | ||||||
8 | provided under subsection (a-5) of Section 6z-82 of the State | ||||||
9 | Finance Act. This Section is repealed on January 1, 2023.
| ||||||
10 | (Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; | ||||||
11 | revised 10-4-21.) | ||||||
12 | (20 ILCS 2605/2605-605) | ||||||
13 | Sec. 2605-605. Violent Crime Intelligence Task Force. The | ||||||
14 | Director of the Illinois State Police shall establish a | ||||||
15 | statewide multi-jurisdictional Violent Crime Intelligence Task | ||||||
16 | Force led by the Illinois State Police dedicated to combating | ||||||
17 | gun violence, gun-trafficking, and other violent crime with | ||||||
18 | the primary mission of preservation of life and reducing the | ||||||
19 | occurrence and the fear of crime. The objectives of the Task | ||||||
20 | Force shall include, but not be limited to, reducing and | ||||||
21 | preventing illegal possession and use of firearms, | ||||||
22 | firearm-related homicides, and other violent crimes, and | ||||||
23 | solving firearm-related crimes. | ||||||
24 | (1) The Task Force may develop and acquire information, | ||||||
25 | training, tools, and resources necessary to implement a |
| |||||||
| |||||||
1 | data-driven approach to policing, with an emphasis on | ||||||
2 | intelligence development. | ||||||
3 | (2) The Task Force may utilize information sharing, | ||||||
4 | partnerships, crime analysis, and evidence-based practices to | ||||||
5 | assist in the reduction of firearm-related shootings, | ||||||
6 | homicides, and gun-trafficking, including, but not limited to, | ||||||
7 | ballistic data, eTrace data, DNA evidence, latent | ||||||
8 | fingerprints, firearm training data, and National Integrated | ||||||
9 | Ballistic Information Network (NIBIN) data. The Task Force may | ||||||
10 | design a model crime gun intelligence strategy which may | ||||||
11 | include, but is not limited to, comprehensive collection and | ||||||
12 | documentation of all ballistic evidence, timely transfer of | ||||||
13 | NIBIN and eTrace leads to an intelligence center, which may | ||||||
14 | include the Division of Criminal Investigation of the Illinois | ||||||
15 | State Police, timely dissemination of intelligence to | ||||||
16 | investigators, investigative follow-up, and coordinated | ||||||
17 | prosecution. | ||||||
18 | (3) The Task Force may recognize and utilize best | ||||||
19 | practices of community policing and may develop potential | ||||||
20 | partnerships with faith-based and community organizations to | ||||||
21 | achieve its goals. | ||||||
22 | (4) The Task Force may identify and utilize best practices | ||||||
23 | in drug-diversion programs and other community-based services | ||||||
24 | to redirect low-level offenders. | ||||||
25 | (5) The Task Force may assist in violence suppression | ||||||
26 | strategies including, but not limited to, details in |
| |||||||
| |||||||
1 | identified locations that have shown to be the most prone to | ||||||
2 | gun violence and violent crime, focused deterrence against | ||||||
3 | violent gangs and groups considered responsible for the | ||||||
4 | violence in communities, and other intelligence driven methods | ||||||
5 | deemed necessary to interrupt cycles of violence or prevent | ||||||
6 | retaliation. | ||||||
7 | (6) In consultation with the Chief Procurement Officer, | ||||||
8 | the Illinois State Police may obtain contracts for software, | ||||||
9 | commodities, resources, and equipment to assist the Task Force | ||||||
10 | with achieving this Act. Any contracts necessary to support | ||||||
11 | the delivery of necessary software, commodities, resources, | ||||||
12 | and equipment are not subject to the Illinois Procurement | ||||||
13 | Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and | ||||||
14 | Article 50 of that Code, provided that the Chief Procurement | ||||||
15 | Officer may, in writing with justification, waive any | ||||||
16 | certification required under Article 50 of the Illinois | ||||||
17 | Procurement Code. | ||||||
18 | (7) The Task Force shall conduct enforcement operations
| ||||||
19 | against persons whose Firearm Owner's Identification Cards
| ||||||
20 | have been revoked or suspended and persons who fail to comply
| ||||||
21 | with the requirements of Section 9.5 of the Firearm Owners
| ||||||
22 | Identification Card Act, prioritizing individuals presenting a
| ||||||
23 | clear and present danger to themselves or to others under
| ||||||
24 | paragraph (2) of subsection (d) of Section 8.1 of the Firearm
| ||||||
25 | Owners Identification Card Act. | ||||||
26 | (8) The Task Force shall collaborate with local law
|
| |||||||
| |||||||
1 | enforcement agencies to enforce provisions of the Firearm
| ||||||
2 | Owners Identification Card Act, the Firearm Concealed Carry
| ||||||
3 | Act, the Firearm Dealer License Certification Act, and Article
| ||||||
4 | 24 of the Criminal Code of 2012. | ||||||
5 | (9) To implement this Section, the Director of the
| ||||||
6 | Illinois State Police may establish intergovernmental
| ||||||
7 | agreements with law enforcement agencies in accordance with | ||||||
8 | the
Intergovernmental Cooperation Act. | ||||||
9 | (10) Law enforcement agencies that participate in
| ||||||
10 | activities described in paragraphs (7) through (9) may apply
| ||||||
11 | to the Illinois State Police for grants from the State Police
| ||||||
12 | Revocation Enforcement Fund.
| ||||||
13 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
14 | revised 10-4-21.) | ||||||
15 | Section 175. The Illinois State Police Act is amended by | ||||||
16 | changing Sections 3, 8, 9, 12.6, 12.7, 14, and 46 as follows:
| ||||||
17 | (20 ILCS 2610/3) (from Ch. 121, par. 307.3)
| ||||||
18 | Sec. 3.
The Governor shall appoint, by and with the advice | ||||||
19 | and consent of
the Senate, an Illinois State Police Merit | ||||||
20 | Board, hereinafter called
the Board, consisting of 7 members | ||||||
21 | to hold office. The Governor shall appoint new board members | ||||||
22 | within 30 days for the vacancies created under Public Act | ||||||
23 | 101-652 this amendatory Act . Board members shall be appointed | ||||||
24 | to four-year terms. No member shall be appointed to more than 2 |
| |||||||
| |||||||
1 | terms. In making the appointments, the Governor shall make a | ||||||
2 | good faith effort to appoint members reflecting the | ||||||
3 | geographic, ethnic ethic , and cultural diversity of this | ||||||
4 | State. In making the appointments, the Governor should also | ||||||
5 | consider appointing: persons with professional backgrounds, | ||||||
6 | possessing legal, management, personnel, or labor experience; | ||||||
7 | at least one member with at least 10 years of experience as a | ||||||
8 | licensed physician or clinical psychologist with expertise in | ||||||
9 | mental health; and at least one member affiliated
with an | ||||||
10 | organization committed commitment to social and economic | ||||||
11 | rights and to eliminating discrimination. . No more than 4 | ||||||
12 | members of the Board shall be affiliated with the
same | ||||||
13 | political party. If the Senate is not in session at the time | ||||||
14 | initial
appointments are made pursuant to this Section | ||||||
15 | section , the Governor shall make
temporary appointments as in | ||||||
16 | the case of a vacancy. In order to avoid actual conflicts of | ||||||
17 | interest, or the appearance of conflicts of interest, no board | ||||||
18 | member shall be a retired or former employee of the Illinois | ||||||
19 | State Police. When a Board member may have an actual, | ||||||
20 | perceived, or potential conflict of interest that could | ||||||
21 | prevent the Board member from making a fair and impartial | ||||||
22 | decision on a complaint or formal complaint against an | ||||||
23 | Illinois State Police officer, the Board member shall recuse | ||||||
24 | himself or herself; or , if If the Board member fails to recuse | ||||||
25 | himself or herself, then the Board may, by a simple majority, | ||||||
26 | vote to recuse the Board member.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
2 | revised 11-22-21.)
| ||||||
3 | (20 ILCS 2610/8) (from Ch. 121, par. 307.8)
| ||||||
4 | Sec. 8. Board jurisdiction. | ||||||
5 | (a) The Board shall exercise jurisdiction over the | ||||||
6 | certification for
appointment and promotion, and over the | ||||||
7 | discipline, removal, demotion , and
suspension of Illinois | ||||||
8 | State Police officers.
The Board and the Illinois State Police | ||||||
9 | should also ensure Illinois State Police cadets and officers | ||||||
10 | represent the utmost integrity and professionalism and | ||||||
11 | represent the geographic, ethnic, and cultural diversity of | ||||||
12 | this State. The Board shall also exercise jurisdiction to | ||||||
13 | certify and terminate Illinois State Police officers Officers | ||||||
14 | in compliance with certification standards consistent with | ||||||
15 | Sections 9, 11.5, and 12.6 of this Act. Pursuant to recognized
| ||||||
16 | merit principles of public employment, the Board shall | ||||||
17 | formulate, adopt,
and put into effect rules, regulations , and | ||||||
18 | procedures for its operation
and the transaction of its | ||||||
19 | business. The Board shall establish a classification
of ranks | ||||||
20 | of persons subject to its jurisdiction and shall set standards
| ||||||
21 | and qualifications for each rank. Each Illinois State Police | ||||||
22 | officer
appointed by the Director shall be classified as a | ||||||
23 | State Police officer
as follows: trooper, sergeant, master | ||||||
24 | sergeant, lieutenant,
captain,
major, or Special
Agent.
| ||||||
25 | (b) The Board shall publish all standards and |
| |||||||
| |||||||
1 | qualifications for each rank, including Cadet, on its website. | ||||||
2 | This shall include, but not be limited to, all physical | ||||||
3 | fitness, medical, visual, and hearing standards. The Illinois | ||||||
4 | State Police shall cooperate with the Board by providing any | ||||||
5 | necessary information to complete this requirement. | ||||||
6 | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
7 | revised 10-4-21.)
| ||||||
8 | (20 ILCS 2610/9) (from Ch. 121, par. 307.9)
| ||||||
9 | Sec. 9. Appointment; qualifications.
| ||||||
10 | (a) Except as otherwise provided in this Section, the | ||||||
11 | appointment of
Illinois State Police officers shall be made | ||||||
12 | from those applicants who
have been certified by the Board as | ||||||
13 | being qualified for appointment. All
persons so appointed | ||||||
14 | shall, at the time of their appointment, be not less than
21 | ||||||
15 | years of age, or 20 years of age and have successfully | ||||||
16 | completed an associate's degree or 60 credit hours at an | ||||||
17 | accredited college or university. Any person
appointed | ||||||
18 | subsequent to successful completion of an associate's degree | ||||||
19 | or 60 credit hours at an accredited college or university | ||||||
20 | shall not have power of arrest, nor shall he or she be | ||||||
21 | permitted
to carry firearms, until he or she reaches 21 years | ||||||
22 | of age. In addition,
all persons so certified for appointment | ||||||
23 | shall be of sound mind and body, be of
good moral character, be | ||||||
24 | citizens of the United States, have no criminal
records, | ||||||
25 | possess such prerequisites of training, education, and |
| |||||||
| |||||||
1 | experience as
the Board may from time to time prescribe so long | ||||||
2 | as persons who have an associate's degree or 60 credit hours at | ||||||
3 | an accredited college or university are not disqualified, and | ||||||
4 | shall be required to pass
successfully such mental and | ||||||
5 | physical tests and examinations as may be
prescribed by the | ||||||
6 | Board. All persons who meet one of the following requirements | ||||||
7 | are deemed to have met the collegiate educational | ||||||
8 | requirements: | ||||||
9 | (i) have been honorably discharged and who have been | ||||||
10 | awarded a Southwest Asia Service Medal, Kosovo Campaign | ||||||
11 | Medal, Korean Defense Service Medal, Afghanistan Campaign | ||||||
12 | Medal, Iraq Campaign Medal, or Global War on Terrorism | ||||||
13 | Expeditionary Medal by the United States Armed Forces; | ||||||
14 | (ii) are active members of the Illinois National Guard | ||||||
15 | or a reserve component of the United States Armed Forces | ||||||
16 | and who have been awarded a Southwest Asia Service Medal, | ||||||
17 | Kosovo Campaign Medal, Korean Defense Service Medal, | ||||||
18 | Afghanistan Campaign Medal, Iraq Campaign Medal, or Global | ||||||
19 | War on Terrorism Expeditionary Medal as a result of | ||||||
20 | honorable service during deployment on active duty; | ||||||
21 | (iii) have been honorably discharged who served in a | ||||||
22 | combat mission by proof of hostile fire pay or imminent | ||||||
23 | danger pay during deployment on active duty; or | ||||||
24 | (iv) have at least 3 years of full active and | ||||||
25 | continuous military duty and received an honorable | ||||||
26 | discharge before hiring. |
| |||||||
| |||||||
1 | Preference shall be given in such appointments to
persons | ||||||
2 | who have honorably served in the military or naval services of | ||||||
3 | the
United States. All appointees shall serve a probationary | ||||||
4 | period of 12 months
from the date of appointment and during | ||||||
5 | that period may be discharged at the
will of the Director. | ||||||
6 | However, the Director may in his or her sole discretion
extend | ||||||
7 | the probationary period of an officer up to an additional 6 | ||||||
8 | months when
to do so is deemed in the best interest of the | ||||||
9 | Illinois State Police. Nothing in this subsection (a) limits | ||||||
10 | the Board's ability to prescribe education prerequisites or | ||||||
11 | requirements to certify Illinois State Police officers for | ||||||
12 | promotion as provided in Section 10 of this Act.
| ||||||
13 | (b) Notwithstanding the other provisions of this Act, | ||||||
14 | after July 1,
1977 and before July 1, 1980, the Director of | ||||||
15 | State Police may appoint and
promote not more than 20 persons | ||||||
16 | having special qualifications as special
agents as he or she | ||||||
17 | deems necessary to carry out the Department's objectives. Any
| ||||||
18 | such appointment or promotion shall be ratified by the Board.
| ||||||
19 | (c) During the 90 days following March 31, 1995 ( the | ||||||
20 | effective date of Public Act 89-9) this amendatory Act
of | ||||||
21 | 1995 , the Director of State Police may appoint up to 25 persons | ||||||
22 | as State
Police officers. These appointments shall be made in | ||||||
23 | accordance with the
requirements of this subsection (c) and | ||||||
24 | any additional criteria that may be
established by the | ||||||
25 | Director, but are not subject to any other requirements of
| ||||||
26 | this Act. The Director may specify the initial rank for each |
| |||||||
| |||||||
1 | person appointed
under this subsection.
| ||||||
2 | All appointments under this subsection (c) shall be made | ||||||
3 | from personnel
certified by the Board. A person certified by | ||||||
4 | the Board and appointed by the
Director under this subsection | ||||||
5 | must have been employed by the Illinois Commerce
Commission on | ||||||
6 | November 30, 1994 in a job title
subject to the Personnel Code | ||||||
7 | and in a position for which the person was
eligible to earn | ||||||
8 | "eligible creditable service" as a "noncovered employee", as
| ||||||
9 | those terms are defined in Article 14 of the Illinois Pension | ||||||
10 | Code.
| ||||||
11 | Persons appointed under this subsection (c) shall | ||||||
12 | thereafter be subject to
the same requirements and procedures | ||||||
13 | as other State police officers. A person
appointed under this | ||||||
14 | subsection must serve a probationary period of 12 months
from | ||||||
15 | the date of appointment, during which he or she may be | ||||||
16 | discharged at the
will of the Director.
| ||||||
17 | This subsection (c) does not affect or limit the | ||||||
18 | Director's authority to
appoint other State Police officers | ||||||
19 | under subsection (a) of this Section. | ||||||
20 | (d) During the 180 days following January 1, 2022 ( the | ||||||
21 | effective date of Public Act 101-652) this amendatory Act of | ||||||
22 | the 101st General Assembly , the Director of the Illinois State | ||||||
23 | Police may appoint current Illinois State Police employees | ||||||
24 | Employees serving in law enforcement officer positions | ||||||
25 | previously within Central Management Services as State Police | ||||||
26 | officers Officers . These appointments shall be made in |
| |||||||
| |||||||
1 | accordance with the requirements of this subsection (d) and | ||||||
2 | any institutional criteria that may be established by the | ||||||
3 | Director, but are not subject to any other requirements of | ||||||
4 | this Act.
All appointments under this subsection (d) shall be | ||||||
5 | made from personnel certified by the Board. A person certified | ||||||
6 | by the Board and appointed by the Director under this | ||||||
7 | subsection must have been employed by the a State state | ||||||
8 | agency, board, or commission on January 1, 2021 , in a job title | ||||||
9 | subject to the Personnel Code and in a position for which the | ||||||
10 | person was eligible to earn "eligible creditable service" as a | ||||||
11 | "noncovered employee", as those terms are defined in Article | ||||||
12 | 14 of the Illinois Pension Code.
Persons appointed under this | ||||||
13 | subsection (d) shall thereafter be subject to the same | ||||||
14 | requirements, and subject to the same contractual benefits and | ||||||
15 | obligations, as other State police officers.
This subsection | ||||||
16 | (d) does not affect or limit the Director's authority to | ||||||
17 | appoint other State Police officers under subsection (a) of | ||||||
18 | this Section. | ||||||
19 | (e) The Merit Board shall review Illinois State Police | ||||||
20 | Cadet applicants. The Illinois State Police may provide | ||||||
21 | background check and investigation material to the Board for | ||||||
22 | its their review
10
pursuant to this Section section . The | ||||||
23 | Board shall approve and ensure that no cadet applicant is | ||||||
24 | certified unless the applicant is a person of good character | ||||||
25 | and has not been convicted of, or entered a plea of guilty to, | ||||||
26 | a felony offense, any of the misdemeanors specified in this |
| |||||||
| |||||||
1 | Section or if committed in any other state would be an offense | ||||||
2 | similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1, | ||||||
3 | 11-14, 11-14.1, 11-30, 12-2, 12- 3.2, 12-3.5, 16-1, 17-1, | ||||||
4 | 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in | ||||||
5 | violation of any Section section of Part E of Title III of the | ||||||
6 | Criminal Code of 1961 or the Criminal Code of 2012, 32-4a, or | ||||||
7 | 32-7 of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
8 | or subsection (a) of Section 17-32 of the Criminal Code of 1961 | ||||||
9 | or the Criminal Code of 2012, to Section 5 or 5.2 of the | ||||||
10 | Cannabis Control Act, or any felony or misdemeanor in | ||||||
11 | violation of federal law or the law of any state that is the | ||||||
12 | equivalent of any of the offenses specified therein. The | ||||||
13 | Officer Professional Conduct Misconduct Database, provided for | ||||||
14 | in Section 9.2 of the Illinois Police Training Act, shall be | ||||||
15 | searched as part of this process. For purposes of this | ||||||
16 | Section , "convicted of, or entered a plea of guilty" | ||||||
17 | regardless of whether the adjudication of guilt or sentence is | ||||||
18 | withheld or not entered thereon. This includes sentences of | ||||||
19 | supervision, conditional discharge, or first offender | ||||||
20 | probation, or any similar disposition provided for by law. | ||||||
21 | (f) The Board shall by rule establish an application fee | ||||||
22 | waiver program for any person who meets one or more of the | ||||||
23 | following criteria: | ||||||
24 | (1) his or her available personal income is 200% or | ||||||
25 | less of the current poverty level; or | ||||||
26 | (2) he or she is, in the discretion of the Board, |
| |||||||
| |||||||
1 | unable to proceed in an action with payment of application | ||||||
2 | fee and payment of that fee would result in substantial | ||||||
3 | hardship to the person or the person's family.
| ||||||
4 | (Source: P.A. 101-374, eff. 1-1-20; 101-652, eff. 1-1-22; | ||||||
5 | 102-538, eff 8-20-21; revised 11-22-21.)
| ||||||
6 | (20 ILCS 2610/12.6) | ||||||
7 | Sec. 12.6. Automatic termination of Illinois State Police | ||||||
8 | officers. The Board shall terminate a State state police | ||||||
9 | officer convicted of a felony offense under the laws of this | ||||||
10 | State or any other state which if committed in this State would | ||||||
11 | be punishable as a felony. The Board must also terminate | ||||||
12 | Illinois State Police officers who were convicted of, or | ||||||
13 | entered a plea of guilty to, on or after the effective date of | ||||||
14 | this amendatory Act of the 101st General Assembly, any | ||||||
15 | misdemeanor specified in this Section or if committed in any | ||||||
16 | other state would be an offense similar to Section 11-1.50, | ||||||
17 | 11-6, 11-6.5, 11-6.6, 11-9.1, 11-14, 11-14.1, 11-30, 12-2, | ||||||
18 | 12-3.2, 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, | ||||||
19 | 28-3, 29-1, any misdemeanor in violation of any Section | ||||||
20 | section of Part E of Title III of the Criminal Code of 1961 or | ||||||
21 | the Criminal Code of 2012, 32-4a, or 32-7 of the Criminal Code | ||||||
22 | of 1961 or the Criminal Code of 2012, or subsection (a) of | ||||||
23 | Section 17-32 of the Criminal Code of 1961 or the Criminal Code | ||||||
24 | of 2012, to Section 5 or 5.2 of the Cannabis Control Act, or | ||||||
25 | any felony or misdemeanor in violation of federal law or the |
| |||||||
| |||||||
1 | law of any state that is the equivalent of any of the offenses | ||||||
2 | specified therein. The Illinois State Police Merit Board shall | ||||||
3 | report terminations under this Section to the Officer | ||||||
4 | Professional Conduct Misconduct Database , provided in Section | ||||||
5 | 9.2 of the Illinois Police Training Act. For purposes of this | ||||||
6 | Section, section "convicted of, or entered a plea of guilty" | ||||||
7 | regardless of whether the adjudication of guilt or sentence is | ||||||
8 | withheld or not entered thereon. This includes sentences of | ||||||
9 | supervision, conditional discharge, or first offender | ||||||
10 | probation, or any similar disposition provided for by law.
| ||||||
11 | (Source: P.A. 101-652, eff. 1-1-22; revised 12-1-21.) | ||||||
12 | (20 ILCS 2610/12.7) | ||||||
13 | Sec. 12.7. Discretionary termination of Illinois State | ||||||
14 | Police officers. | ||||||
15 | (a) Definitions. For purposes of this Section 12.7 6.3 : | ||||||
16 | "Duty to intervene" means an obligation to intervene to | ||||||
17 | prevent harm from occurring that arises when an officer is | ||||||
18 | present and has reason to know: | ||||||
19 | (1) that excessive force is being used; or | ||||||
20 | (2) that any constitutional violation has been | ||||||
21 | committed by a law enforcement official; and the officer | ||||||
22 | has a realistic opportunity to intervene. | ||||||
23 | This duty applies equally to supervisory and | ||||||
24 | nonsupervisory officers. If aid is required, the officer | ||||||
25 | shall not, when reasonable to administer aid, knowingly |
| |||||||
| |||||||
1 | and willingly refuse to render aid as defined by State or | ||||||
2 | federal law. An officer does not violate this duty if the | ||||||
3 | failure to render aid is due to circumstances such as lack | ||||||
4 | of appropriate specialized training, lack of resources or | ||||||
5 | equipment, or both, or if it is unsafe or impracticable to | ||||||
6 | render aid. | ||||||
7 | "Excessive use of force" means using force in violation of | ||||||
8 | State or federal law. | ||||||
9 | "False statement" means: | ||||||
10 | (1) any knowingly false statement provided on a form | ||||||
11 | or report; | ||||||
12 | (2) that the writer does not believe to be true; and | ||||||
13 | (3) that the writer includes to mislead a public | ||||||
14 | servant in performing that public servant's official | ||||||
15 | functions. | ||||||
16 | "Perjury" has the meaning as defined under Sections 32-2 | ||||||
17 | and 32-3 of the Criminal Code of 2012. | ||||||
18 | "Tampers with or fabricates evidence" means if a law | ||||||
19 | enforcement officer: | ||||||
20 | (1) has reason to believe that an official proceeding | ||||||
21 | is pending or may be instituted; and | ||||||
22 | (2) alters, destroys, conceals, or removes any record, | ||||||
23 | document, data, video or thing to impair its validity or | ||||||
24 | availability in the proceeding. | ||||||
25 | (b) Discretionary termination conduct.
The Board may | ||||||
26 | terminate an Illinois State Police officer upon a |
| |||||||
| |||||||
1 | determination by the Board that the Illinois State Police | ||||||
2 | officer has: | ||||||
3 | (1) committed an act that would constitute a felony or | ||||||
4 | misdemeanor which could serve as basis for automatic | ||||||
5 | decertification, whether or not the law enforcement | ||||||
6 | officer was criminally prosecuted, and whether or not the | ||||||
7 | law enforcement officer's employment was terminated; | ||||||
8 | (2) exercised excessive use of force; | ||||||
9 | (3) failed to comply with the officer's duty to | ||||||
10 | intervene, including through acts or omission; | ||||||
11 | (4) tampered with a dash camera or body-worn camera or | ||||||
12 | data recorded by a dash camera or body-worn camera or | ||||||
13 | directed another to tamper with or turn off a dash camera | ||||||
14 | or body-worn camera or data recorded by a dash camera or | ||||||
15 | body-worn camera for the purpose of concealing, destroying | ||||||
16 | or altering potential evidence; | ||||||
17 | (5) engaged in the following conduct relating to the | ||||||
18 | reporting, investigation, or prosecution of a crime: | ||||||
19 | committed perjury, made a false statement, or knowingly | ||||||
20 | tampered with or fabricated evidence; | ||||||
21 | (6) engaged in any unprofessional, unethical, | ||||||
22 | deceptive, or deleterious conduct or practice harmful to | ||||||
23 | the public; such conduct or practice need not have | ||||||
24 | resulted in actual injury to any person. As used in this | ||||||
25 | paragraph, the term "unprofessional conduct" shall include | ||||||
26 | any departure from, or failure to conform to, the minimal |
| |||||||
| |||||||
1 | standards of acceptable and prevailing practice of an | ||||||
2 | officer. | ||||||
3 | (c) (b) If an officer enters a plea of guilty, nolo | ||||||
4 | contendere, stipulates to the facts or is found guilty of a | ||||||
5 | violation of any law, or if there is any other Board or | ||||||
6 | judicial determination that will support any punitive measure | ||||||
7 | taken against the officer, such action by the officer or | ||||||
8 | judicial entity may be considered for the purposes of this | ||||||
9 | Section. Termination under this Section shall be by clear and | ||||||
10 | convincing evidence. If the Board votes to terminate, the | ||||||
11 | Board shall put its decision in writing, setting forth the | ||||||
12 | specific reasons for its decision. Final decisions under this | ||||||
13 | Section are reviewable under the Administrative Review Law. | ||||||
14 | (d) (c) The Illinois State Police Merit Board shall report | ||||||
15 | all terminations under this Section to the Officer | ||||||
16 | Professional Conduct Misconduct Database , provided in Section | ||||||
17 | 9.2 of the Illinois Police Training Act. | ||||||
18 | (e) (d) Nothing in this Act shall require an Illinois | ||||||
19 | State Police officer to waive any applicable constitutional | ||||||
20 | rights. | ||||||
21 | (f) (e) Nothing in this Section shall prohibit the Merit | ||||||
22 | Board from administering discipline up to and including | ||||||
23 | termination for violations of Illinois State Police policies | ||||||
24 | and procedures pursuant to other Sections sections of this | ||||||
25 | Act.
| ||||||
26 | (Source: P.A. 101-652, eff. 1-1-22; revised 12-1-21.)
|
| |||||||
| |||||||
1 | (20 ILCS 2610/14) (from Ch. 121, par. 307.14)
| ||||||
2 | Sec. 14. Except as is otherwise provided in this Act, no | ||||||
3 | Illinois
State Police officer shall be removed, demoted , or | ||||||
4 | suspended except for
cause, upon written charges filed with | ||||||
5 | the Board by the Director and a hearing
before the Board | ||||||
6 | thereon upon not less than 10 days' notice at a place to
be | ||||||
7 | designated by the chairman thereof. At such hearing, the | ||||||
8 | accused shall
be afforded full opportunity to be heard in his | ||||||
9 | or her own defense and
to produce proof in his or her defense. | ||||||
10 | It shall not be a requirement of a person filing a complaint | ||||||
11 | against a State Police officer Officer to have a complaint | ||||||
12 | supported by a sworn affidavit or any other legal | ||||||
13 | documentation. This ban on an affidavit requirement shall | ||||||
14 | apply to any collective bargaining agreements entered after | ||||||
15 | the effective date of this provision.
| ||||||
16 | Before any such officer may be interrogated or examined by | ||||||
17 | or before the
Board, or by an Illinois
State Police agent or | ||||||
18 | investigator specifically assigned
to conduct an internal | ||||||
19 | investigation, the results of which hearing,
interrogation ,
or | ||||||
20 | examination may be the basis for filing charges seeking his or | ||||||
21 | her
suspension for more than 15 days or his or her removal or | ||||||
22 | discharge,
he or she shall be advised in writing as to what | ||||||
23 | specific improper or
illegal act he or she is alleged to have | ||||||
24 | committed; he or she shall
be advised in writing that his or | ||||||
25 | her admissions made in the course
of the hearing, |
| |||||||
| |||||||
1 | interrogation , or examination may be used as the basis for
| ||||||
2 | charges seeking his or her suspension, removal , or discharge; | ||||||
3 | and he
or she shall be advised in writing that he or she has a | ||||||
4 | right to
counsel of his or her choosing, who may be present to | ||||||
5 | advise him or
her at any hearing, interrogation , or | ||||||
6 | examination. A complete record of
any hearing, interrogation , | ||||||
7 | or examination shall be made, and a complete
transcript or | ||||||
8 | electronic recording thereof shall be made available to such
| ||||||
9 | officer without charge and without delay.
| ||||||
10 | The Board shall have the power to secure by its subpoena
| ||||||
11 | both the attendance and testimony of witnesses and the | ||||||
12 | production of books
and papers in support of the charges and | ||||||
13 | for the defense. Each member of
the Board or a designated | ||||||
14 | hearing officer shall have the power to administer
oaths or | ||||||
15 | affirmations. If the charges against an accused are | ||||||
16 | established
by a preponderance of evidence, the Board shall | ||||||
17 | make a finding of guilty
and order either removal, demotion, | ||||||
18 | suspension for a period of not more
than 180 days, or such | ||||||
19 | other disciplinary punishment as may be prescribed
by the | ||||||
20 | rules and regulations of the Board which, in the opinion of the | ||||||
21 | members
thereof, the offense merits. Thereupon the
Director | ||||||
22 | shall direct such removal or other punishment as ordered by | ||||||
23 | the
Board and if the accused refuses to abide by any such | ||||||
24 | disciplinary
order, the Director shall remove him or her | ||||||
25 | forthwith.
| ||||||
26 | If the accused is found not guilty or has served a period |
| |||||||
| |||||||
1 | of suspension
greater than prescribed by the Board, the Board | ||||||
2 | shall order that the officer receive compensation for the | ||||||
3 | period involved.
The award of compensation shall include | ||||||
4 | interest at the rate of 7% per
annum.
| ||||||
5 | The Board may include in its order appropriate sanctions | ||||||
6 | based upon the
Board's rules and regulations. If the Board | ||||||
7 | finds that a party has made
allegations or denials without | ||||||
8 | reasonable cause or has engaged in frivolous
litigation for | ||||||
9 | the purpose of delay or needless increase in the cost of
| ||||||
10 | litigation, it may order that party to pay the other party's | ||||||
11 | reasonable
expenses, including costs and reasonable attorney's | ||||||
12 | fees. The State of
Illinois and the Illinois
State Police | ||||||
13 | shall be subject to these sanctions in the same
manner as other | ||||||
14 | parties.
| ||||||
15 | In case of the neglect or refusal of any person to obey a | ||||||
16 | subpoena issued
by the Board, any circuit court, upon | ||||||
17 | application
of any member of the Board, may order such person | ||||||
18 | to appear before the Board
and give testimony or produce | ||||||
19 | evidence, and any failure to obey such order
is punishable by | ||||||
20 | the court as a contempt thereof.
| ||||||
21 | The provisions of the Administrative Review Law, and all | ||||||
22 | amendments and
modifications thereof, and the rules adopted | ||||||
23 | pursuant thereto, shall apply
to and govern all proceedings | ||||||
24 | for the judicial review of any order of the
Board rendered | ||||||
25 | pursuant to the provisions of this Section.
| ||||||
26 | Notwithstanding the provisions of this Section, a policy |
| |||||||
| |||||||
1 | making
officer, as defined in the Employee Rights Violation | ||||||
2 | Act, of the Illinois State Police shall be discharged from the | ||||||
3 | Illinois State Police as
provided in the Employee Rights | ||||||
4 | Violation Act, enacted by the 85th General
Assembly.
| ||||||
5 | (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21; | ||||||
6 | revised 10-4-21.)
| ||||||
7 | (20 ILCS 2610/46) | ||||||
8 | Sec. 46. Officer Professional Conduct Database; reporting, | ||||||
9 | transparency. | ||||||
10 | (a) The Illinois State Police Merit Board shall be | ||||||
11 | responsible for reporting all required information contained | ||||||
12 | in the Officer Professional Conduct Misconduct Database , | ||||||
13 | provided in Section 9.2 of the Illinois Police Training Act. | ||||||
14 | (b) Before the Illinois State Police Merit Board certifies | ||||||
15 | any Illinois State Police Cadet the Board shall conduct a | ||||||
16 | search of all Illinois State Police Cadet applicants in the | ||||||
17 | Officer Professional Conduct Database. | ||||||
18 | (c) The database, documents, materials, or other | ||||||
19 | information in the possession or control of the Board that are | ||||||
20 | obtained by or disclosed to the Board pursuant to this | ||||||
21 | subsection shall be confidential by law and privileged, shall | ||||||
22 | not be subject to subpoena, and shall not be subject to | ||||||
23 | discovery or admissible in evidence in any private civil | ||||||
24 | action. However, the Board is authorized to use such | ||||||
25 | documents, materials, or other information in furtherance of |
| |||||||
| |||||||
1 | any regulatory or legal action brought as part of the Board's | ||||||
2 | official duties. Unless otherwise required by law, the Board | ||||||
3 | shall not disclose the database or make such documents, | ||||||
4 | materials, or other information public without the prior | ||||||
5 | written consent of the governmental agency and the law | ||||||
6 | enforcement officer. The Board nor any person who received | ||||||
7 | documents, materials or other information shared pursuant to | ||||||
8 | this subsection shall be required to testify in any private | ||||||
9 | civil action concerning the database or any confidential | ||||||
10 | documents, materials, or information subject to this | ||||||
11 | subsection. | ||||||
12 | Nothing in this Section shall exempt a governmental agency | ||||||
13 | from disclosing public records in accordance with the Freedom | ||||||
14 | of Information Act.
| ||||||
15 | (Source: P.A. 101-652, eff. 1-1-22; revised 12-1-21.) | ||||||
16 | Section 180. The Criminal Identification Act is amended by | ||||||
17 | changing Section 5.2 as follows:
| ||||||
18 | (20 ILCS 2630/5.2)
| ||||||
19 | Sec. 5.2. Expungement, sealing, and immediate sealing. | ||||||
20 | (a) General Provisions. | ||||||
21 | (1) Definitions. In this Act, words and phrases have
| ||||||
22 | the meanings set forth in this subsection, except when a
| ||||||
23 | particular context clearly requires a different meaning. | ||||||
24 | (A) The following terms shall have the meanings |
| |||||||
| |||||||
1 | ascribed to them in the following Sections of the | ||||||
2 | Unified Code of Corrections , 730 ILCS 5/5-1-2 through | ||||||
3 | 5/5-1-22 : | ||||||
4 | (i) Business Offense , Section 5-1-2. (730 ILCS | ||||||
5 | 5/5-1-2), | ||||||
6 | (ii) Charge , Section 5-1-3. (730 ILCS | ||||||
7 | 5/5-1-3), | ||||||
8 | (iii) Court , Section 5-1-6. (730 ILCS | ||||||
9 | 5/5-1-6), | ||||||
10 | (iv) Defendant , Section 5-1-7. (730 ILCS | ||||||
11 | 5/5-1-7), | ||||||
12 | (v) Felony , Section 5-1-9. (730 ILCS 5/5-1-9), | ||||||
13 | (vi) Imprisonment , Section 5-1-10. (730 ILCS | ||||||
14 | 5/5-1-10), | ||||||
15 | (vii) Judgment , Section 5-1-12. (730 ILCS | ||||||
16 | 5/5-1-12), | ||||||
17 | (viii) Misdemeanor , Section 5-1-14. (730 ILCS | ||||||
18 | 5/5-1-14), | ||||||
19 | (ix) Offense , Section 5-1-15. (730 ILCS | ||||||
20 | 5/5-1-15), | ||||||
21 | (x) Parole , Section 5-1-16. (730 ILCS | ||||||
22 | 5/5-1-16), | ||||||
23 | (xi) Petty Offense , Section 5-1-17. (730 ILCS | ||||||
24 | 5/5-1-17), | ||||||
25 | (xii) Probation , Section 5-1-18. (730 ILCS | ||||||
26 | 5/5-1-18), |
| |||||||
| |||||||
1 | (xiii) Sentence , Section 5-1-19. (730 ILCS | ||||||
2 | 5/5-1-19), | ||||||
3 | (xiv) Supervision , Section 5-1-21. (730 ILCS | ||||||
4 | 5/5-1-21), and | ||||||
5 | (xv) Victim , Section 5-1-22. (730 ILCS | ||||||
6 | 5/5-1-22). | ||||||
7 | (B) As used in this Section, "charge not initiated | ||||||
8 | by arrest" means a charge (as defined by Section 5-1-3 | ||||||
9 | of the Unified Code of Corrections 730 ILCS 5/5-1-3 ) | ||||||
10 | brought against a defendant where the defendant is not | ||||||
11 | arrested prior to or as a direct result of the charge. | ||||||
12 | (C) "Conviction" means a judgment of conviction or | ||||||
13 | sentence entered upon a plea of guilty or upon a | ||||||
14 | verdict or finding of guilty of an offense, rendered | ||||||
15 | by a legally constituted jury or by a court of | ||||||
16 | competent jurisdiction authorized to try the case | ||||||
17 | without a jury. An order of supervision successfully | ||||||
18 | completed by the petitioner is not a conviction. An | ||||||
19 | order of qualified probation (as defined in subsection | ||||||
20 | (a)(1)(J)) successfully completed by the petitioner is | ||||||
21 | not a conviction. An order of supervision or an order | ||||||
22 | of qualified probation that is terminated | ||||||
23 | unsatisfactorily is a conviction, unless the | ||||||
24 | unsatisfactory termination is reversed, vacated, or | ||||||
25 | modified and the judgment of conviction, if any, is | ||||||
26 | reversed or vacated. |
| |||||||
| |||||||
1 | (D) "Criminal offense" means a petty offense, | ||||||
2 | business offense, misdemeanor, felony, or municipal | ||||||
3 | ordinance violation (as defined in subsection | ||||||
4 | (a)(1)(H)). As used in this Section, a minor traffic | ||||||
5 | offense (as defined in subsection (a)(1)(G)) shall not | ||||||
6 | be considered a criminal offense. | ||||||
7 | (E) "Expunge" means to physically destroy the | ||||||
8 | records or return them to the petitioner and to | ||||||
9 | obliterate the petitioner's name from any official | ||||||
10 | index or public record, or both. Nothing in this Act | ||||||
11 | shall require the physical destruction of the circuit | ||||||
12 | court file, but such records relating to arrests or | ||||||
13 | charges, or both, ordered expunged shall be impounded | ||||||
14 | as required by subsections (d)(9)(A)(ii) and | ||||||
15 | (d)(9)(B)(ii). | ||||||
16 | (F) As used in this Section, "last sentence" means | ||||||
17 | the sentence, order of supervision, or order of | ||||||
18 | qualified probation (as defined by subsection | ||||||
19 | (a)(1)(J)), for a criminal offense (as defined by | ||||||
20 | subsection (a)(1)(D)) that terminates last in time in | ||||||
21 | any jurisdiction, regardless of whether the petitioner | ||||||
22 | has included the criminal offense for which the | ||||||
23 | sentence or order of supervision or qualified | ||||||
24 | probation was imposed in his or her petition. If | ||||||
25 | multiple sentences, orders of supervision, or orders | ||||||
26 | of qualified probation terminate on the same day and |
| |||||||
| |||||||
1 | are last in time, they shall be collectively | ||||||
2 | considered the "last sentence" regardless of whether | ||||||
3 | they were ordered to run concurrently. | ||||||
4 | (G) "Minor traffic offense" means a petty offense, | ||||||
5 | business offense, or Class C misdemeanor under the | ||||||
6 | Illinois Vehicle Code or a similar provision of a | ||||||
7 | municipal or local ordinance. | ||||||
8 | (G-5) "Minor Cannabis Offense" means a violation | ||||||
9 | of Section 4 or 5 of the Cannabis Control Act | ||||||
10 | concerning not more than 30 grams of any substance | ||||||
11 | containing cannabis, provided the violation did not | ||||||
12 | include a penalty enhancement under Section 7 of the | ||||||
13 | Cannabis Control Act and is not associated with an | ||||||
14 | arrest, conviction or other disposition for a violent | ||||||
15 | crime as defined in subsection (c) of Section 3 of the | ||||||
16 | Rights of Crime Victims and Witnesses Act. | ||||||
17 | (H) "Municipal ordinance violation" means an | ||||||
18 | offense defined by a municipal or local ordinance that | ||||||
19 | is criminal in nature and with which the petitioner | ||||||
20 | was charged or for which the petitioner was arrested | ||||||
21 | and released without charging. | ||||||
22 | (I) "Petitioner" means an adult or a minor | ||||||
23 | prosecuted as an
adult who has applied for relief | ||||||
24 | under this Section. | ||||||
25 | (J) "Qualified probation" means an order of | ||||||
26 | probation under Section 10 of the Cannabis Control |
| |||||||
| |||||||
1 | Act, Section 410 of the Illinois Controlled Substances | ||||||
2 | Act, Section 70 of the Methamphetamine Control and | ||||||
3 | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | ||||||
4 | of the Unified Code of Corrections, Section | ||||||
5 | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | ||||||
6 | those provisions existed before their deletion by | ||||||
7 | Public Act 89-313), Section 10-102 of the Illinois | ||||||
8 | Alcoholism and Other Drug Dependency Act, Section | ||||||
9 | 40-10 of the Substance Use Disorder Act, or Section 10 | ||||||
10 | of the Steroid Control Act. For the purpose of this | ||||||
11 | Section, "successful completion" of an order of | ||||||
12 | qualified probation under Section 10-102 of the | ||||||
13 | Illinois Alcoholism and Other Drug Dependency Act and | ||||||
14 | Section 40-10 of the Substance Use Disorder Act means | ||||||
15 | that the probation was terminated satisfactorily and | ||||||
16 | the judgment of conviction was vacated. | ||||||
17 | (K) "Seal" means to physically and electronically | ||||||
18 | maintain the records, unless the records would | ||||||
19 | otherwise be destroyed due to age, but to make the | ||||||
20 | records unavailable without a court order, subject to | ||||||
21 | the exceptions in Sections 12 and 13 of this Act. The | ||||||
22 | petitioner's name shall also be obliterated from the | ||||||
23 | official index required to be kept by the circuit | ||||||
24 | court clerk under Section 16 of the Clerks of Courts | ||||||
25 | Act, but any index issued by the circuit court clerk | ||||||
26 | before the entry of the order to seal shall not be |
| |||||||
| |||||||
1 | affected. | ||||||
2 | (L) "Sexual offense committed against a minor" | ||||||
3 | includes, but is
not limited to, the offenses of | ||||||
4 | indecent solicitation of a child
or criminal sexual | ||||||
5 | abuse when the victim of such offense is
under 18 years | ||||||
6 | of age. | ||||||
7 | (M) "Terminate" as it relates to a sentence or | ||||||
8 | order of supervision or qualified probation includes | ||||||
9 | either satisfactory or unsatisfactory termination of | ||||||
10 | the sentence, unless otherwise specified in this | ||||||
11 | Section. A sentence is terminated notwithstanding any | ||||||
12 | outstanding financial legal obligation. | ||||||
13 | (2) Minor Traffic Offenses.
Orders of supervision or | ||||||
14 | convictions for minor traffic offenses shall not affect a | ||||||
15 | petitioner's eligibility to expunge or seal records | ||||||
16 | pursuant to this Section. | ||||||
17 | (2.5) Commencing 180 days after July 29, 2016 (the | ||||||
18 | effective date of Public Act 99-697), the law enforcement | ||||||
19 | agency issuing the citation shall automatically expunge, | ||||||
20 | on or before January 1 and July 1 of each year, the law | ||||||
21 | enforcement records of a person found to have committed a | ||||||
22 | civil law violation of subsection (a) of Section 4 of the | ||||||
23 | Cannabis Control Act or subsection (c) of Section 3.5 of | ||||||
24 | the Drug Paraphernalia Control Act in the law enforcement | ||||||
25 | agency's possession or control and which contains the | ||||||
26 | final satisfactory disposition which pertain to the person |
| |||||||
| |||||||
1 | issued a citation for that offense.
The law enforcement | ||||||
2 | agency shall provide by rule the process for access, | ||||||
3 | review, and to confirm the automatic expungement by the | ||||||
4 | law enforcement agency issuing the citation.
Commencing | ||||||
5 | 180 days after July 29, 2016 (the effective date of Public | ||||||
6 | Act 99-697), the clerk of the circuit court shall expunge, | ||||||
7 | upon order of the court, or in the absence of a court order | ||||||
8 | on or before January 1 and July 1 of each year, the court | ||||||
9 | records of a person found in the circuit court to have | ||||||
10 | committed a civil law violation of subsection (a) of | ||||||
11 | Section 4 of the Cannabis Control Act or subsection (c) of | ||||||
12 | Section 3.5 of the Drug Paraphernalia Control Act in the | ||||||
13 | clerk's possession or control and which contains the final | ||||||
14 | satisfactory disposition which pertain to the person | ||||||
15 | issued a citation for any of those offenses. | ||||||
16 | (3) Exclusions. Except as otherwise provided in | ||||||
17 | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | ||||||
18 | of this Section, the court shall not order: | ||||||
19 | (A) the sealing or expungement of the records of | ||||||
20 | arrests or charges not initiated by arrest that result | ||||||
21 | in an order of supervision for or conviction of:
(i) | ||||||
22 | any sexual offense committed against a
minor; (ii) | ||||||
23 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
24 | similar provision of a local ordinance; or (iii) | ||||||
25 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
26 | similar provision of a local ordinance, unless the |
| |||||||
| |||||||
1 | arrest or charge is for a misdemeanor violation of | ||||||
2 | subsection (a) of Section 11-503 or a similar | ||||||
3 | provision of a local ordinance, that occurred prior to | ||||||
4 | the offender reaching the age of 25 years and the | ||||||
5 | offender has no other conviction for violating Section | ||||||
6 | 11-501 or 11-503 of the Illinois Vehicle Code or a | ||||||
7 | similar provision of a local ordinance. | ||||||
8 | (B) the sealing or expungement of records of minor | ||||||
9 | traffic offenses (as defined in subsection (a)(1)(G)), | ||||||
10 | unless the petitioner was arrested and released | ||||||
11 | without charging. | ||||||
12 | (C) the sealing of the records of arrests or | ||||||
13 | charges not initiated by arrest which result in an | ||||||
14 | order of supervision or a conviction for the following | ||||||
15 | offenses: | ||||||
16 | (i) offenses included in Article 11 of the | ||||||
17 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
18 | or a similar provision of a local ordinance, | ||||||
19 | except Section 11-14 and a misdemeanor violation | ||||||
20 | of Section 11-30 of the Criminal Code of 1961 or | ||||||
21 | the Criminal Code of 2012, or a similar provision | ||||||
22 | of a local ordinance; | ||||||
23 | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | ||||||
24 | 26-5, or 48-1 of the Criminal Code of 1961 or the | ||||||
25 | Criminal Code of 2012, or a similar provision of a | ||||||
26 | local ordinance; |
| |||||||
| |||||||
1 | (iii) Sections 12-3.1 or 12-3.2 of the | ||||||
2 | Criminal Code of 1961 or the Criminal Code of | ||||||
3 | 2012, or Section 125 of the Stalking No Contact | ||||||
4 | Order Act, or Section 219 of the Civil No Contact | ||||||
5 | Order Act, or a similar provision of a local | ||||||
6 | ordinance; | ||||||
7 | (iv) Class A misdemeanors or felony offenses | ||||||
8 | under the Humane Care for Animals Act; or | ||||||
9 | (v) any offense or attempted offense that | ||||||
10 | would subject a person to registration under the | ||||||
11 | Sex Offender Registration Act. | ||||||
12 | (D) (blank). | ||||||
13 | (b) Expungement. | ||||||
14 | (1) A petitioner may petition the circuit court to | ||||||
15 | expunge the
records of his or her arrests and charges not | ||||||
16 | initiated by arrest when each arrest or charge not | ||||||
17 | initiated by arrest
sought to be expunged resulted in:
(i) | ||||||
18 | acquittal, dismissal, or the petitioner's release without | ||||||
19 | charging, unless excluded by subsection (a)(3)(B);
(ii) a | ||||||
20 | conviction which was vacated or reversed, unless excluded | ||||||
21 | by subsection (a)(3)(B);
(iii) an order of supervision and | ||||||
22 | such supervision was successfully completed by the | ||||||
23 | petitioner, unless excluded by subsection (a)(3)(A) or | ||||||
24 | (a)(3)(B); or
(iv) an order of qualified probation (as | ||||||
25 | defined in subsection (a)(1)(J)) and such probation was | ||||||
26 | successfully completed by the petitioner. |
| |||||||
| |||||||
1 | (1.5) When a petitioner seeks to have a record of | ||||||
2 | arrest expunged under this Section, and the offender has | ||||||
3 | been convicted of a criminal offense, the State's Attorney | ||||||
4 | may object to the expungement on the grounds that the | ||||||
5 | records contain specific relevant information aside from | ||||||
6 | the mere fact of the arrest. | ||||||
7 | (2) Time frame for filing a petition to expunge. | ||||||
8 | (A) When the arrest or charge not initiated by | ||||||
9 | arrest sought to be expunged resulted in an acquittal, | ||||||
10 | dismissal, the petitioner's release without charging, | ||||||
11 | or the reversal or vacation of a conviction, there is | ||||||
12 | no waiting period to petition for the expungement of | ||||||
13 | such records. | ||||||
14 | (B) When the arrest or charge not initiated by | ||||||
15 | arrest
sought to be expunged resulted in an order of | ||||||
16 | supervision, successfully
completed by the petitioner, | ||||||
17 | the following time frames will apply: | ||||||
18 | (i) Those arrests or charges that resulted in | ||||||
19 | orders of
supervision under Section 3-707, 3-708, | ||||||
20 | 3-710, or 5-401.3 of the Illinois Vehicle Code or | ||||||
21 | a similar provision of a local ordinance, or under | ||||||
22 | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||||||
23 | Code of 1961 or the Criminal Code of 2012, or a | ||||||
24 | similar provision of a local ordinance, shall not | ||||||
25 | be eligible for expungement until 5 years have | ||||||
26 | passed following the satisfactory termination of |
| |||||||
| |||||||
1 | the supervision. | ||||||
2 | (i-5) Those arrests or charges that resulted | ||||||
3 | in orders of supervision for a misdemeanor | ||||||
4 | violation of subsection (a) of Section 11-503 of | ||||||
5 | the Illinois Vehicle Code or a similar provision | ||||||
6 | of a local ordinance, that occurred prior to the | ||||||
7 | offender reaching the age of 25 years and the | ||||||
8 | offender has no other conviction for violating | ||||||
9 | Section 11-501 or 11-503 of the Illinois Vehicle | ||||||
10 | Code or a similar provision of a local ordinance | ||||||
11 | shall not be eligible for expungement until the | ||||||
12 | petitioner has reached the age of 25 years. | ||||||
13 | (ii) Those arrests or charges that resulted in | ||||||
14 | orders
of supervision for any other offenses shall | ||||||
15 | not be
eligible for expungement until 2 years have | ||||||
16 | passed
following the satisfactory termination of | ||||||
17 | the supervision. | ||||||
18 | (C) When the arrest or charge not initiated by | ||||||
19 | arrest sought to
be expunged resulted in an order of | ||||||
20 | qualified probation, successfully
completed by the | ||||||
21 | petitioner, such records shall not be eligible for
| ||||||
22 | expungement until 5 years have passed following the | ||||||
23 | satisfactory
termination of the probation. | ||||||
24 | (3) Those records maintained by the Illinois State | ||||||
25 | Police Department for
persons arrested prior to their 17th | ||||||
26 | birthday shall be
expunged as provided in Section 5-915 of |
| |||||||
| |||||||
1 | the Juvenile Court
Act of 1987. | ||||||
2 | (4) Whenever a person has been arrested for or | ||||||
3 | convicted of any
offense, in the name of a person whose | ||||||
4 | identity he or she has stolen or otherwise
come into | ||||||
5 | possession of, the aggrieved person from whom the identity
| ||||||
6 | was stolen or otherwise obtained without authorization,
| ||||||
7 | upon learning of the person having been arrested using his
| ||||||
8 | or her identity, may, upon verified petition to the chief | ||||||
9 | judge of
the circuit wherein the arrest was made, have a | ||||||
10 | court order
entered nunc pro tunc by the Chief Judge to | ||||||
11 | correct the
arrest record, conviction record, if any, and | ||||||
12 | all official
records of the arresting authority, the | ||||||
13 | Illinois State Police Department , other
criminal justice | ||||||
14 | agencies, the prosecutor, and the trial
court concerning | ||||||
15 | such arrest, if any, by removing his or her name
from all | ||||||
16 | such records in connection with the arrest and
conviction, | ||||||
17 | if any, and by inserting in the records the
name of the | ||||||
18 | offender, if known or ascertainable, in lieu of
the | ||||||
19 | aggrieved's name. The records of the circuit court clerk | ||||||
20 | shall be sealed until further order of
the court upon good | ||||||
21 | cause shown and the name of the
aggrieved person | ||||||
22 | obliterated on the official index
required to be kept by | ||||||
23 | the circuit court clerk under
Section 16 of the Clerks of | ||||||
24 | Courts Act, but the order shall
not affect any index | ||||||
25 | issued by the circuit court clerk
before the entry of the | ||||||
26 | order. Nothing in this Section
shall limit the Illinois |
| |||||||
| |||||||
1 | Department of State Police or other
criminal justice | ||||||
2 | agencies or prosecutors from listing
under an offender's | ||||||
3 | name the false names he or she has
used. | ||||||
4 | (5) Whenever a person has been convicted of criminal
| ||||||
5 | sexual assault, aggravated criminal sexual assault,
| ||||||
6 | predatory criminal sexual assault of a child, criminal
| ||||||
7 | sexual abuse, or aggravated criminal sexual abuse, the
| ||||||
8 | victim of that offense may request that the State's
| ||||||
9 | Attorney of the county in which the conviction occurred
| ||||||
10 | file a verified petition with the presiding trial judge at
| ||||||
11 | the petitioner's trial to have a court order entered to | ||||||
12 | seal
the records of the circuit court clerk in connection
| ||||||
13 | with the proceedings of the trial court concerning that
| ||||||
14 | offense. However, the records of the arresting authority
| ||||||
15 | and the Illinois Department of State Police concerning the | ||||||
16 | offense
shall not be sealed. The court, upon good cause | ||||||
17 | shown,
shall make the records of the circuit court clerk | ||||||
18 | in
connection with the proceedings of the trial court
| ||||||
19 | concerning the offense available for public inspection. | ||||||
20 | (6) If a conviction has been set aside on direct | ||||||
21 | review
or on collateral attack and the court determines by | ||||||
22 | clear
and convincing evidence that the petitioner was | ||||||
23 | factually
innocent of the charge, the court that finds the | ||||||
24 | petitioner factually innocent of the charge shall enter an
| ||||||
25 | expungement order for the conviction for which the | ||||||
26 | petitioner has been determined to be innocent as provided |
| |||||||
| |||||||
1 | in subsection (b) of Section
5-5-4 of the Unified Code of | ||||||
2 | Corrections. | ||||||
3 | (7) Nothing in this Section shall prevent the Illinois | ||||||
4 | Department of
State Police from maintaining all records of | ||||||
5 | any person who
is admitted to probation upon terms and | ||||||
6 | conditions and who
fulfills those terms and conditions | ||||||
7 | pursuant to Section 10
of the Cannabis Control Act, | ||||||
8 | Section 410 of the Illinois
Controlled Substances Act, | ||||||
9 | Section 70 of the
Methamphetamine Control and Community | ||||||
10 | Protection Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified | ||||||
11 | Code of Corrections, Section 12-4.3 or subdivision (b)(1) | ||||||
12 | of Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
13 | Criminal Code of 2012, Section 10-102
of the Illinois | ||||||
14 | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | ||||||
15 | the Substance Use Disorder Act, or Section 10 of the | ||||||
16 | Steroid Control Act. | ||||||
17 | (8) If the petitioner has been granted a certificate | ||||||
18 | of innocence under Section 2-702 of the Code of Civil | ||||||
19 | Procedure, the court that grants the certificate of | ||||||
20 | innocence shall also enter an order expunging the | ||||||
21 | conviction for which the petitioner has been determined to | ||||||
22 | be innocent as provided in subsection (h) of Section 2-702 | ||||||
23 | of the Code of Civil Procedure. | ||||||
24 | (c) Sealing. | ||||||
25 | (1) Applicability. Notwithstanding any other provision | ||||||
26 | of this Act to the contrary, and cumulative with any |
| |||||||
| |||||||
1 | rights to expungement of criminal records, this subsection | ||||||
2 | authorizes the sealing of criminal records of adults and | ||||||
3 | of minors prosecuted as adults. Subsection (g) of this | ||||||
4 | Section provides for immediate sealing of certain records. | ||||||
5 | (2) Eligible Records. The following records may be | ||||||
6 | sealed: | ||||||
7 | (A) All arrests resulting in release without | ||||||
8 | charging; | ||||||
9 | (B) Arrests or charges not initiated by arrest | ||||||
10 | resulting in acquittal, dismissal, or conviction when | ||||||
11 | the conviction was reversed or vacated, except as | ||||||
12 | excluded by subsection (a)(3)(B); | ||||||
13 | (C) Arrests or charges not initiated by arrest | ||||||
14 | resulting in orders of supervision, including orders | ||||||
15 | of supervision for municipal ordinance violations, | ||||||
16 | successfully completed by the petitioner, unless | ||||||
17 | excluded by subsection (a)(3); | ||||||
18 | (D) Arrests or charges not initiated by arrest | ||||||
19 | resulting in convictions, including convictions on | ||||||
20 | municipal ordinance violations, unless excluded by | ||||||
21 | subsection (a)(3); | ||||||
22 | (E) Arrests or charges not initiated by arrest | ||||||
23 | resulting in orders of first offender probation under | ||||||
24 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
25 | the Illinois Controlled Substances Act, Section 70 of | ||||||
26 | the Methamphetamine Control and Community Protection |
| |||||||
| |||||||
1 | Act, or Section 5-6-3.3 of the Unified Code of | ||||||
2 | Corrections; and | ||||||
3 | (F) Arrests or charges not initiated by arrest | ||||||
4 | resulting in felony convictions unless otherwise | ||||||
5 | excluded by subsection (a) paragraph (3) of this | ||||||
6 | Section. | ||||||
7 | (3) When Records Are Eligible to Be Sealed. Records | ||||||
8 | identified as eligible under subsection (c)(2) may be | ||||||
9 | sealed as follows: | ||||||
10 | (A) Records identified as eligible under | ||||||
11 | subsection (c)(2)(A) and (c)(2)(B) may be sealed at | ||||||
12 | any time. | ||||||
13 | (B) Except as otherwise provided in subparagraph | ||||||
14 | (E) of this paragraph (3), records identified as | ||||||
15 | eligible under subsection (c)(2)(C) may be sealed
2 | ||||||
16 | years after the termination of petitioner's last | ||||||
17 | sentence (as defined in subsection (a)(1)(F)). | ||||||
18 | (C) Except as otherwise provided in subparagraph | ||||||
19 | (E) of this paragraph (3), records identified as | ||||||
20 | eligible under subsections (c)(2)(D), (c)(2)(E), and | ||||||
21 | (c)(2)(F) may be sealed 3 years after the termination | ||||||
22 | of the petitioner's last sentence (as defined in | ||||||
23 | subsection (a)(1)(F)). Convictions requiring public | ||||||
24 | registration under the Arsonist Registration Act, the | ||||||
25 | Sex Offender Registration Act, or the Murderer and | ||||||
26 | Violent Offender Against Youth Registration Act may |
| |||||||
| |||||||
1 | not be sealed until the petitioner is no longer | ||||||
2 | required to register under that relevant Act. | ||||||
3 | (D) Records identified in subsection | ||||||
4 | (a)(3)(A)(iii) may be sealed after the petitioner has | ||||||
5 | reached the age of 25 years. | ||||||
6 | (E) Records identified as eligible under | ||||||
7 | subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or | ||||||
8 | (c)(2)(F) may be sealed upon termination of the | ||||||
9 | petitioner's last sentence if the petitioner earned a | ||||||
10 | high school diploma, associate's degree, career | ||||||
11 | certificate, vocational technical certification, or | ||||||
12 | bachelor's degree, or passed the high school level | ||||||
13 | Test of General Educational Development, during the | ||||||
14 | period of his or her sentence or mandatory supervised | ||||||
15 | release. This subparagraph shall apply only to a | ||||||
16 | petitioner who has not completed the same educational | ||||||
17 | goal prior to the period of his or her sentence or | ||||||
18 | mandatory supervised release. If a petition for | ||||||
19 | sealing eligible records filed under this subparagraph | ||||||
20 | is denied by the court, the time periods under | ||||||
21 | subparagraph (B) or (C) shall apply to any subsequent | ||||||
22 | petition for sealing filed by the petitioner. | ||||||
23 | (4) Subsequent felony convictions. A person may not | ||||||
24 | have
subsequent felony conviction records sealed as | ||||||
25 | provided in this subsection
(c) if he or she is convicted | ||||||
26 | of any felony offense after the date of the
sealing of |
| |||||||
| |||||||
1 | prior felony convictions as provided in this subsection | ||||||
2 | (c). The court may, upon conviction for a subsequent | ||||||
3 | felony offense, order the unsealing of prior felony | ||||||
4 | conviction records previously ordered sealed by the court. | ||||||
5 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
6 | disposition for an eligible record under this subsection | ||||||
7 | (c), the petitioner shall be informed by the court of the | ||||||
8 | right to have the records sealed and the procedures for | ||||||
9 | the sealing of the records. | ||||||
10 | (d) Procedure. The following procedures apply to | ||||||
11 | expungement under subsections (b), (e), and (e-6) and sealing | ||||||
12 | under subsections (c) and (e-5): | ||||||
13 | (1) Filing the petition. Upon becoming eligible to | ||||||
14 | petition for
the expungement or sealing of records under | ||||||
15 | this Section, the petitioner shall file a petition | ||||||
16 | requesting the expungement
or sealing of records with the | ||||||
17 | clerk of the court where the arrests occurred or the | ||||||
18 | charges were brought, or both. If arrests occurred or | ||||||
19 | charges were brought in multiple jurisdictions, a petition | ||||||
20 | must be filed in each such jurisdiction. The petitioner | ||||||
21 | shall pay the applicable fee, except no fee shall be | ||||||
22 | required if the petitioner has obtained a court order | ||||||
23 | waiving fees under Supreme Court Rule 298 or it is | ||||||
24 | otherwise waived. | ||||||
25 | (1.5) County fee waiver pilot program.
From August 9, | ||||||
26 | 2019 (the effective date of Public Act 101-306) through |
| |||||||
| |||||||
1 | December 31, 2020, in a county of 3,000,000 or more | ||||||
2 | inhabitants, no fee shall be required to be paid by a | ||||||
3 | petitioner if the records sought to be expunged or sealed | ||||||
4 | were arrests resulting in release without charging or | ||||||
5 | arrests or charges not initiated by arrest resulting in | ||||||
6 | acquittal, dismissal, or conviction when the conviction | ||||||
7 | was reversed or vacated, unless excluded by subsection | ||||||
8 | (a)(3)(B). The provisions of this paragraph (1.5), other | ||||||
9 | than this sentence, are inoperative on and after January | ||||||
10 | 1, 2022. | ||||||
11 | (2) Contents of petition. The petition shall be
| ||||||
12 | verified and shall contain the petitioner's name, date of
| ||||||
13 | birth, current address and, for each arrest or charge not | ||||||
14 | initiated by
arrest sought to be sealed or expunged, the | ||||||
15 | case number, the date of
arrest (if any), the identity of | ||||||
16 | the arresting authority, and such
other information as the | ||||||
17 | court may require. During the pendency
of the proceeding, | ||||||
18 | the petitioner shall promptly notify the
circuit court | ||||||
19 | clerk of any change of his or her address. If the | ||||||
20 | petitioner has received a certificate of eligibility for | ||||||
21 | sealing from the Prisoner Review Board under paragraph | ||||||
22 | (10) of subsection (a) of Section 3-3-2 of the Unified | ||||||
23 | Code of Corrections, the certificate shall be attached to | ||||||
24 | the petition. | ||||||
25 | (3) Drug test. The petitioner must attach to the | ||||||
26 | petition proof that the petitioner has passed a test taken |
| |||||||
| |||||||
1 | within 30 days before the filing of the petition showing | ||||||
2 | the absence within his or her body of all illegal | ||||||
3 | substances as defined by the Illinois Controlled | ||||||
4 | Substances Act, the Methamphetamine Control and Community | ||||||
5 | Protection Act, and the Cannabis Control Act if he or she | ||||||
6 | is petitioning to: | ||||||
7 | (A) seal felony records under clause (c)(2)(E); | ||||||
8 | (B) seal felony records for a violation of the | ||||||
9 | Illinois Controlled Substances Act, the | ||||||
10 | Methamphetamine Control and Community Protection Act, | ||||||
11 | or the Cannabis Control Act under clause (c)(2)(F); | ||||||
12 | (C) seal felony records under subsection (e-5); or | ||||||
13 | (D) expunge felony records of a qualified | ||||||
14 | probation under clause (b)(1)(iv). | ||||||
15 | (4) Service of petition. The circuit court clerk shall | ||||||
16 | promptly
serve a copy of the petition and documentation to | ||||||
17 | support the petition under subsection (e-5) or (e-6) on | ||||||
18 | the State's Attorney or
prosecutor charged with the duty | ||||||
19 | of prosecuting the
offense, the Illinois Department of | ||||||
20 | State Police, the arresting
agency and the chief legal | ||||||
21 | officer of the unit of local
government effecting the | ||||||
22 | arrest. | ||||||
23 | (5) Objections. | ||||||
24 | (A) Any party entitled to notice of the petition | ||||||
25 | may file an objection to the petition. All objections | ||||||
26 | shall be in writing, shall be filed with the circuit |
| |||||||
| |||||||
1 | court clerk, and shall state with specificity the | ||||||
2 | basis of the objection. Whenever a person who has been | ||||||
3 | convicted of an offense is granted
a pardon by the | ||||||
4 | Governor which specifically authorizes expungement, an | ||||||
5 | objection to the petition may not be filed. | ||||||
6 | (B) Objections to a petition to expunge or seal | ||||||
7 | must be filed within 60 days of the date of service of | ||||||
8 | the petition. | ||||||
9 | (6) Entry of order. | ||||||
10 | (A) The Chief Judge of the circuit wherein the | ||||||
11 | charge was brought, any judge of that circuit | ||||||
12 | designated by the Chief Judge, or in counties of less | ||||||
13 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
14 | at the petitioner's trial, if any, shall rule on the | ||||||
15 | petition to expunge or seal as set forth in this | ||||||
16 | subsection (d)(6). | ||||||
17 | (B) Unless the State's Attorney or prosecutor, the | ||||||
18 | Illinois Department of
State Police, the arresting | ||||||
19 | agency, or the chief legal officer
files an objection | ||||||
20 | to the petition to expunge or seal within 60 days from | ||||||
21 | the date of service of the petition, the court shall | ||||||
22 | enter an order granting or denying the petition. | ||||||
23 | (C) Notwithstanding any other provision of law, | ||||||
24 | the court shall not deny a petition for sealing under | ||||||
25 | this Section because the petitioner has not satisfied | ||||||
26 | an outstanding legal financial obligation established, |
| |||||||
| |||||||
1 | imposed, or originated by a court, law enforcement | ||||||
2 | agency, or a municipal, State, county, or other unit | ||||||
3 | of local government, including, but not limited to, | ||||||
4 | any cost, assessment, fine, or fee. An outstanding | ||||||
5 | legal financial obligation does not include any court | ||||||
6 | ordered restitution to a victim under Section 5-5-6 of | ||||||
7 | the Unified Code of Corrections, unless the | ||||||
8 | restitution has been converted to a civil judgment. | ||||||
9 | Nothing in this subparagraph (C) waives, rescinds, or | ||||||
10 | abrogates a legal financial obligation or otherwise | ||||||
11 | eliminates or affects the right of the holder of any | ||||||
12 | financial obligation to pursue collection under | ||||||
13 | applicable federal, State, or local law. | ||||||
14 | (7) Hearings. If an objection is filed, the court | ||||||
15 | shall set a date for a hearing and notify the petitioner | ||||||
16 | and all parties entitled to notice of the petition of the | ||||||
17 | hearing date at least 30 days prior to the hearing. Prior | ||||||
18 | to the hearing, the State's Attorney shall consult with | ||||||
19 | the Illinois State Police Department as to the | ||||||
20 | appropriateness of the relief sought in the petition to | ||||||
21 | expunge or seal. At the hearing, the court shall hear | ||||||
22 | evidence on whether the petition should or should not be | ||||||
23 | granted, and shall grant or deny the petition to expunge | ||||||
24 | or seal the records based on the evidence presented at the | ||||||
25 | hearing. The court may consider the following: | ||||||
26 | (A) the strength of the evidence supporting the |
| |||||||
| |||||||
1 | defendant's conviction; | ||||||
2 | (B) the reasons for retention of the conviction | ||||||
3 | records by the State; | ||||||
4 | (C) the petitioner's age, criminal record history, | ||||||
5 | and employment history; | ||||||
6 | (D) the period of time between the petitioner's | ||||||
7 | arrest on the charge resulting in the conviction and | ||||||
8 | the filing of the petition under this Section; and | ||||||
9 | (E) the specific adverse consequences the | ||||||
10 | petitioner may be subject to if the petition is | ||||||
11 | denied. | ||||||
12 | (8) Service of order. After entering an order to | ||||||
13 | expunge or
seal records, the court must provide copies of | ||||||
14 | the order to the
Illinois State Police Department , in a | ||||||
15 | form and manner prescribed by the Illinois State Police | ||||||
16 | Department ,
to the petitioner, to the State's Attorney or | ||||||
17 | prosecutor
charged with the duty of prosecuting the | ||||||
18 | offense, to the
arresting agency, to the chief legal | ||||||
19 | officer of the unit of
local government effecting the | ||||||
20 | arrest, and to such other
criminal justice agencies as may | ||||||
21 | be ordered by the court. | ||||||
22 | (9) Implementation of order. | ||||||
23 | (A) Upon entry of an order to expunge records | ||||||
24 | pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or | ||||||
25 | both: | ||||||
26 | (i) the records shall be expunged (as defined |
| |||||||
| |||||||
1 | in subsection (a)(1)(E)) by the arresting agency, | ||||||
2 | the Illinois State Police Department , and any | ||||||
3 | other agency as ordered by the court, within 60 | ||||||
4 | days of the date of service of the order, unless a | ||||||
5 | motion to vacate, modify, or reconsider the order | ||||||
6 | is filed pursuant to paragraph (12) of subsection | ||||||
7 | (d) of this Section; | ||||||
8 | (ii) the records of the circuit court clerk | ||||||
9 | shall be impounded until further order of the | ||||||
10 | court upon good cause shown and the name of the | ||||||
11 | petitioner obliterated on the official index | ||||||
12 | required to be kept by the circuit court clerk | ||||||
13 | under Section 16 of the Clerks of Courts Act, but | ||||||
14 | the order shall not affect any index issued by the | ||||||
15 | circuit court clerk before the entry of the order; | ||||||
16 | and | ||||||
17 | (iii) in response to an inquiry for expunged | ||||||
18 | records, the court, the Illinois State Police | ||||||
19 | Department , or the agency receiving such inquiry, | ||||||
20 | shall reply as it does in response to inquiries | ||||||
21 | when no records ever existed. | ||||||
22 | (B) Upon entry of an order to expunge records | ||||||
23 | pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or | ||||||
24 | both: | ||||||
25 | (i) the records shall be expunged (as defined | ||||||
26 | in subsection (a)(1)(E)) by the arresting agency |
| |||||||
| |||||||
1 | and any other agency as ordered by the court, | ||||||
2 | within 60 days of the date of service of the order, | ||||||
3 | unless a motion to vacate, modify, or reconsider | ||||||
4 | the order is filed pursuant to paragraph (12) of | ||||||
5 | subsection (d) of this Section; | ||||||
6 | (ii) the records of the circuit court clerk | ||||||
7 | shall be impounded until further order of the | ||||||
8 | court upon good cause shown and the name of the | ||||||
9 | petitioner obliterated on the official index | ||||||
10 | required to be kept by the circuit court clerk | ||||||
11 | under Section 16 of the Clerks of Courts Act, but | ||||||
12 | the order shall not affect any index issued by the | ||||||
13 | circuit court clerk before the entry of the order; | ||||||
14 | (iii) the records shall be impounded by the
| ||||||
15 | Illinois State Police Department within 60 days of | ||||||
16 | the date of service of the order as ordered by the | ||||||
17 | court, unless a motion to vacate, modify, or | ||||||
18 | reconsider the order is filed pursuant to | ||||||
19 | paragraph (12) of subsection (d) of this Section; | ||||||
20 | (iv) records impounded by the Illinois State | ||||||
21 | Police Department may be disseminated by the | ||||||
22 | Illinois State Police Department only as required | ||||||
23 | by law or to the arresting authority, the State's | ||||||
24 | Attorney, and the court upon a later arrest for | ||||||
25 | the same or a similar offense or for the purpose of | ||||||
26 | sentencing for any subsequent felony, and to the |
| |||||||
| |||||||
1 | Department of Corrections upon conviction for any | ||||||
2 | offense; and | ||||||
3 | (v) in response to an inquiry for such records | ||||||
4 | from anyone not authorized by law to access such | ||||||
5 | records, the court, the Illinois State Police | ||||||
6 | Department , or the agency receiving such inquiry | ||||||
7 | shall reply as it does in response to inquiries | ||||||
8 | when no records ever existed. | ||||||
9 | (B-5) Upon entry of an order to expunge records | ||||||
10 | under subsection (e-6): | ||||||
11 | (i) the records shall be expunged (as defined | ||||||
12 | in subsection (a)(1)(E)) by the arresting agency | ||||||
13 | and any other agency as ordered by the court, | ||||||
14 | within 60 days of the date of service of the order, | ||||||
15 | unless a motion to vacate, modify, or reconsider | ||||||
16 | the order is filed under paragraph (12) of | ||||||
17 | subsection (d) of this Section; | ||||||
18 | (ii) the records of the circuit court clerk | ||||||
19 | shall be impounded until further order of the | ||||||
20 | court upon good cause shown and the name of the | ||||||
21 | petitioner obliterated on the official index | ||||||
22 | required to be kept by the circuit court clerk | ||||||
23 | under Section 16 of the Clerks of Courts Act, but | ||||||
24 | the order shall not affect any index issued by the | ||||||
25 | circuit court clerk before the entry of the order; | ||||||
26 | (iii) the records shall be impounded by the
|
| |||||||
| |||||||
1 | Illinois State Police Department within 60 days of | ||||||
2 | the date of service of the order as ordered by the | ||||||
3 | court, unless a motion to vacate, modify, or | ||||||
4 | reconsider the order is filed under paragraph (12) | ||||||
5 | of subsection (d) of this Section; | ||||||
6 | (iv) records impounded by the Illinois State | ||||||
7 | Police Department may be disseminated by the | ||||||
8 | Illinois State Police Department only as required | ||||||
9 | by law or to the arresting authority, the State's | ||||||
10 | Attorney, and the court upon a later arrest for | ||||||
11 | the same or a similar offense or for the purpose of | ||||||
12 | sentencing for any subsequent felony, and to the | ||||||
13 | Department of Corrections upon conviction for any | ||||||
14 | offense; and | ||||||
15 | (v) in response to an inquiry for these | ||||||
16 | records from anyone not authorized by law to | ||||||
17 | access the records, the court, the Illinois State | ||||||
18 | Police Department , or the agency receiving the | ||||||
19 | inquiry shall reply as it does in response to | ||||||
20 | inquiries when no records ever existed. | ||||||
21 | (C) Upon entry of an order to seal records under | ||||||
22 | subsection
(c), the arresting agency, any other agency | ||||||
23 | as ordered by the court, the Illinois State Police | ||||||
24 | Department , and the court shall seal the records (as | ||||||
25 | defined in subsection (a)(1)(K)). In response to an | ||||||
26 | inquiry for such records, from anyone not authorized |
| |||||||
| |||||||
1 | by law to access such records, the court, the Illinois | ||||||
2 | State Police Department , or the agency receiving such | ||||||
3 | inquiry shall reply as it does in response to | ||||||
4 | inquiries when no records ever existed. | ||||||
5 | (D) The Illinois State Police Department shall | ||||||
6 | send written notice to the petitioner of its | ||||||
7 | compliance with each order to expunge or seal records | ||||||
8 | within 60 days of the date of service of that order or, | ||||||
9 | if a motion to vacate, modify, or reconsider is filed, | ||||||
10 | within 60 days of service of the order resolving the | ||||||
11 | motion, if that order requires the Illinois State | ||||||
12 | Police Department to expunge or seal records. In the | ||||||
13 | event of an appeal from the circuit court order, the | ||||||
14 | Illinois State Police Department shall send written | ||||||
15 | notice to the petitioner of its compliance with an | ||||||
16 | Appellate Court or Supreme Court judgment to expunge | ||||||
17 | or seal records within 60 days of the issuance of the | ||||||
18 | court's mandate. The notice is not required while any | ||||||
19 | motion to vacate, modify, or reconsider, or any appeal | ||||||
20 | or petition for discretionary appellate review, is | ||||||
21 | pending. | ||||||
22 | (E) Upon motion, the court may order that a sealed | ||||||
23 | judgment or other court record necessary to | ||||||
24 | demonstrate the amount of any legal financial | ||||||
25 | obligation due and owing be made available for the | ||||||
26 | limited purpose of collecting any legal financial |
| |||||||
| |||||||
1 | obligations owed by the petitioner that were | ||||||
2 | established, imposed, or originated in the criminal | ||||||
3 | proceeding for which those records have been sealed. | ||||||
4 | The records made available under this subparagraph (E) | ||||||
5 | shall not be entered into the official index required | ||||||
6 | to be kept by the circuit court clerk under Section 16 | ||||||
7 | of the Clerks of Courts Act and shall be immediately | ||||||
8 | re-impounded upon the collection of the outstanding | ||||||
9 | financial obligations. | ||||||
10 | (F) Notwithstanding any other provision of this | ||||||
11 | Section, a circuit court clerk may access a sealed | ||||||
12 | record for the limited purpose of collecting payment | ||||||
13 | for any legal financial obligations that were | ||||||
14 | established, imposed, or originated in the criminal | ||||||
15 | proceedings for which those records have been sealed. | ||||||
16 | (10) Fees. The Illinois State Police Department may | ||||||
17 | charge the petitioner a fee equivalent to the cost of | ||||||
18 | processing any order to expunge or seal records. | ||||||
19 | Notwithstanding any provision of the Clerks of Courts Act | ||||||
20 | to the contrary, the circuit court clerk may charge a fee | ||||||
21 | equivalent to the cost associated with the sealing or | ||||||
22 | expungement of records by the circuit court clerk. From | ||||||
23 | the total filing fee collected for the petition to seal or | ||||||
24 | expunge, the circuit court clerk shall deposit $10 into | ||||||
25 | the Circuit Court Clerk Operation and Administrative Fund, | ||||||
26 | to be used to offset the costs incurred by the circuit |
| |||||||
| |||||||
1 | court clerk in performing the additional duties required | ||||||
2 | to serve the petition to seal or expunge on all parties. | ||||||
3 | The circuit court clerk shall collect and remit the | ||||||
4 | Illinois Department of State Police portion of the fee to | ||||||
5 | the State Treasurer and it shall be deposited in the State | ||||||
6 | Police Services Fund. If the record brought under an | ||||||
7 | expungement petition was previously sealed under this | ||||||
8 | Section, the fee for the expungement petition for that | ||||||
9 | same record shall be waived. | ||||||
10 | (11) Final Order. No court order issued under the | ||||||
11 | expungement or sealing provisions of this Section shall | ||||||
12 | become final for purposes of appeal until 30 days after | ||||||
13 | service of the order on the petitioner and all parties | ||||||
14 | entitled to notice of the petition. | ||||||
15 | (12) Motion to Vacate, Modify, or Reconsider. Under | ||||||
16 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
17 | petitioner or any party entitled to notice may file a | ||||||
18 | motion to vacate, modify, or reconsider the order granting | ||||||
19 | or denying the petition to expunge or seal within 60 days | ||||||
20 | of service of the order. If filed more than 60 days after | ||||||
21 | service of the order, a petition to vacate, modify, or | ||||||
22 | reconsider shall comply with subsection (c) of Section | ||||||
23 | 2-1401 of the Code of Civil Procedure. Upon filing of a | ||||||
24 | motion to vacate, modify, or reconsider, notice of the | ||||||
25 | motion shall be served upon the petitioner and all parties | ||||||
26 | entitled to notice of the petition. |
| |||||||
| |||||||
1 | (13) Effect of Order. An order granting a petition | ||||||
2 | under the expungement or sealing provisions of this | ||||||
3 | Section shall not be considered void because it fails to | ||||||
4 | comply with the provisions of this Section or because of | ||||||
5 | any error asserted in a motion to vacate, modify, or | ||||||
6 | reconsider. The circuit court retains jurisdiction to | ||||||
7 | determine whether the order is voidable and to vacate, | ||||||
8 | modify, or reconsider its terms based on a motion filed | ||||||
9 | under paragraph (12) of this subsection (d). | ||||||
10 | (14) Compliance with Order Granting Petition to Seal | ||||||
11 | Records. Unless a court has entered a stay of an order | ||||||
12 | granting a petition to seal, all parties entitled to | ||||||
13 | notice of the petition must fully comply with the terms of | ||||||
14 | the order within 60 days of service of the order even if a | ||||||
15 | party is seeking relief from the order through a motion | ||||||
16 | filed under paragraph (12) of this subsection (d) or is | ||||||
17 | appealing the order. | ||||||
18 | (15) Compliance with Order Granting Petition to | ||||||
19 | Expunge Records. While a party is seeking relief from the | ||||||
20 | order granting the petition to expunge through a motion | ||||||
21 | filed under paragraph (12) of this subsection (d) or is | ||||||
22 | appealing the order, and unless a court has entered a stay | ||||||
23 | of that order, the parties entitled to notice of the | ||||||
24 | petition must seal, but need not expunge, the records | ||||||
25 | until there is a final order on the motion for relief or, | ||||||
26 | in the case of an appeal, the issuance of that court's |
| |||||||
| |||||||
1 | mandate. | ||||||
2 | (16) The changes to this subsection (d) made by Public | ||||||
3 | Act 98-163 apply to all petitions pending on August 5, | ||||||
4 | 2013 (the effective date of Public Act 98-163) and to all | ||||||
5 | orders ruling on a petition to expunge or seal on or after | ||||||
6 | August 5, 2013 (the effective date of Public Act 98-163). | ||||||
7 | (e) Whenever a person who has been convicted of an offense | ||||||
8 | is granted
a pardon by the Governor which specifically | ||||||
9 | authorizes expungement, he or she may,
upon verified petition | ||||||
10 | to the Chief Judge of the circuit where the person had
been | ||||||
11 | convicted, any judge of the circuit designated by the Chief | ||||||
12 | Judge, or in
counties of less than 3,000,000 inhabitants, the | ||||||
13 | presiding trial judge at the
defendant's trial, have a court | ||||||
14 | order entered expunging the record of
arrest from the official | ||||||
15 | records of the arresting authority and order that the
records | ||||||
16 | of the circuit court clerk and the Illinois State Police | ||||||
17 | Department be sealed until
further order of the court upon | ||||||
18 | good cause shown or as otherwise provided
herein, and the name | ||||||
19 | of the defendant obliterated from the official index
requested | ||||||
20 | to be kept by the circuit court clerk under Section 16 of the | ||||||
21 | Clerks
of Courts Act in connection with the arrest and | ||||||
22 | conviction for the offense for
which he or she had been | ||||||
23 | pardoned but the order shall not affect any index issued by
the | ||||||
24 | circuit court clerk before the entry of the order. All records | ||||||
25 | sealed by
the Illinois State Police Department may be | ||||||
26 | disseminated by the Illinois State Police Department only to |
| |||||||
| |||||||
1 | the arresting authority, the State's Attorney, and the court | ||||||
2 | upon a later
arrest for the same or similar offense or for the | ||||||
3 | purpose of sentencing for any
subsequent felony. Upon | ||||||
4 | conviction for any subsequent offense, the Department
of | ||||||
5 | Corrections shall have access to all sealed records of the | ||||||
6 | Illinois State Police Department
pertaining to that | ||||||
7 | individual. Upon entry of the order of expungement, the
| ||||||
8 | circuit court clerk shall promptly mail a copy of the order to | ||||||
9 | the
person who was pardoned. | ||||||
10 | (e-5) Whenever a person who has been convicted of an | ||||||
11 | offense is granted a certificate of eligibility for sealing by | ||||||
12 | the Prisoner Review Board which specifically authorizes | ||||||
13 | sealing, he or she may, upon verified petition to the Chief | ||||||
14 | Judge of the circuit where the person had been convicted, any | ||||||
15 | judge of the circuit designated by the Chief Judge, or in | ||||||
16 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
17 | trial judge at the petitioner's trial, have a court order | ||||||
18 | entered sealing the record of arrest from the official records | ||||||
19 | of the arresting authority and order that the records of the | ||||||
20 | circuit court clerk and the Illinois State Police Department | ||||||
21 | be sealed until further order of the court upon good cause | ||||||
22 | shown or as otherwise provided herein, and the name of the | ||||||
23 | petitioner obliterated from the official index requested to be | ||||||
24 | kept by the circuit court clerk under Section 16 of the Clerks | ||||||
25 | of Courts Act in connection with the arrest and conviction for | ||||||
26 | the offense for which he or she had been granted the |
| |||||||
| |||||||
1 | certificate but the order shall not affect any index issued by | ||||||
2 | the circuit court clerk before the entry of the order. All | ||||||
3 | records sealed by the Illinois State Police Department may be | ||||||
4 | disseminated by the Illinois State Police Department only as | ||||||
5 | required by this Act or to the arresting authority, a law | ||||||
6 | enforcement agency, the State's Attorney, and the court upon a | ||||||
7 | later arrest for the same or similar offense or for the purpose | ||||||
8 | of sentencing for any subsequent felony. Upon conviction for | ||||||
9 | any subsequent offense, the Department of Corrections shall | ||||||
10 | have access to all sealed records of the Illinois State Police | ||||||
11 | Department pertaining to that individual. Upon entry of the | ||||||
12 | order of sealing, the circuit court clerk shall promptly mail | ||||||
13 | a copy of the order to the person who was granted the | ||||||
14 | certificate of eligibility for sealing. | ||||||
15 | (e-6) Whenever a person who has been convicted of an | ||||||
16 | offense is granted a certificate of eligibility for | ||||||
17 | expungement by the Prisoner Review Board which specifically | ||||||
18 | authorizes expungement, he or she may, upon verified petition | ||||||
19 | to the Chief Judge of the circuit where the person had been | ||||||
20 | convicted, any judge of the circuit designated by the Chief | ||||||
21 | Judge, or in counties of less than 3,000,000 inhabitants, the | ||||||
22 | presiding trial judge at the petitioner's trial, have a court | ||||||
23 | order entered expunging the record of arrest from the official | ||||||
24 | records of the arresting authority and order that the records | ||||||
25 | of the circuit court clerk and the Illinois State Police | ||||||
26 | Department be sealed until further order of the court upon |
| |||||||
| |||||||
1 | good cause shown or as otherwise provided herein, and the name | ||||||
2 | of the petitioner obliterated from the official index | ||||||
3 | requested to be kept by the circuit court clerk under Section | ||||||
4 | 16 of the Clerks of Courts Act in connection with the arrest | ||||||
5 | and conviction for the offense for which he or she had been | ||||||
6 | granted the certificate but the order shall not affect any | ||||||
7 | index issued by the circuit court clerk before the entry of the | ||||||
8 | order. All records sealed by the Illinois State Police | ||||||
9 | Department may be disseminated by the Illinois State Police | ||||||
10 | Department only as required by this Act or to the arresting | ||||||
11 | authority, a law enforcement agency, the State's Attorney, and | ||||||
12 | the court upon a later arrest for the same or similar offense | ||||||
13 | or for the purpose of sentencing for any subsequent felony. | ||||||
14 | Upon conviction for any subsequent offense, the Department of | ||||||
15 | Corrections shall have access to all expunged records of the | ||||||
16 | Illinois State Police Department pertaining to that | ||||||
17 | individual. Upon entry of the order of expungement, the | ||||||
18 | circuit court clerk shall promptly mail a copy of the order to | ||||||
19 | the person who was granted the certificate of eligibility for | ||||||
20 | expungement. | ||||||
21 | (f) Subject to available funding, the Illinois Department
| ||||||
22 | of Corrections shall conduct a study of the impact of sealing,
| ||||||
23 | especially on employment and recidivism rates, utilizing a
| ||||||
24 | random sample of those who apply for the sealing of their
| ||||||
25 | criminal records under Public Act 93-211. At the request of | ||||||
26 | the
Illinois Department of Corrections, records of the |
| |||||||
| |||||||
1 | Illinois
Department of Employment Security shall be utilized | ||||||
2 | as
appropriate to assist in the study. The study shall not
| ||||||
3 | disclose any data in a manner that would allow the
| ||||||
4 | identification of any particular individual or employing unit.
| ||||||
5 | The study shall be made available to the General Assembly no
| ||||||
6 | later than September 1, 2010.
| ||||||
7 | (g) Immediate Sealing. | ||||||
8 | (1) Applicability. Notwithstanding any other provision | ||||||
9 | of this Act to the contrary, and cumulative with any | ||||||
10 | rights to expungement or sealing of criminal records, this | ||||||
11 | subsection authorizes the immediate sealing of criminal | ||||||
12 | records of adults and of minors prosecuted as adults. | ||||||
13 | (2) Eligible Records. Arrests or charges not initiated | ||||||
14 | by arrest resulting in acquittal or dismissal with | ||||||
15 | prejudice, except as excluded by subsection (a)(3)(B), | ||||||
16 | that occur on or after January 1, 2018 (the effective date | ||||||
17 | of Public Act 100-282), may be sealed immediately if the | ||||||
18 | petition is filed with the circuit court clerk on the same | ||||||
19 | day and during the same hearing in which the case is | ||||||
20 | disposed. | ||||||
21 | (3) When Records are Eligible to be Immediately | ||||||
22 | Sealed. Eligible records under paragraph (2) of this | ||||||
23 | subsection (g) may be sealed immediately after entry of | ||||||
24 | the final disposition of a case, notwithstanding the | ||||||
25 | disposition of other charges in the same case. | ||||||
26 | (4) Notice of Eligibility for Immediate Sealing. Upon |
| |||||||
| |||||||
1 | entry of a disposition for an eligible record under this | ||||||
2 | subsection (g), the defendant shall be informed by the | ||||||
3 | court of his or her right to have eligible records | ||||||
4 | immediately sealed and the procedure for the immediate | ||||||
5 | sealing of these records. | ||||||
6 | (5) Procedure. The following procedures apply to | ||||||
7 | immediate sealing under this subsection (g). | ||||||
8 | (A) Filing the Petition. Upon entry of the final | ||||||
9 | disposition of the case, the defendant's attorney may | ||||||
10 | immediately petition the court, on behalf of the | ||||||
11 | defendant, for immediate sealing of eligible records | ||||||
12 | under paragraph (2) of this subsection (g) that are | ||||||
13 | entered on or after January 1, 2018 (the effective | ||||||
14 | date of Public Act 100-282). The immediate sealing | ||||||
15 | petition may be filed with the circuit court clerk | ||||||
16 | during the hearing in which the final disposition of | ||||||
17 | the case is entered. If the defendant's attorney does | ||||||
18 | not file the petition for immediate sealing during the | ||||||
19 | hearing, the defendant may file a petition for sealing | ||||||
20 | at any time as authorized under subsection (c)(3)(A). | ||||||
21 | (B) Contents of Petition. The immediate sealing | ||||||
22 | petition shall be verified and shall contain the | ||||||
23 | petitioner's name, date of birth, current address, and | ||||||
24 | for each eligible record, the case number, the date of | ||||||
25 | arrest if applicable, the identity of the arresting | ||||||
26 | authority if applicable, and other information as the |
| |||||||
| |||||||
1 | court may require. | ||||||
2 | (C) Drug Test. The petitioner shall not be | ||||||
3 | required to attach proof that he or she has passed a | ||||||
4 | drug test. | ||||||
5 | (D) Service of Petition. A copy of the petition | ||||||
6 | shall be served on the State's Attorney in open court. | ||||||
7 | The petitioner shall not be required to serve a copy of | ||||||
8 | the petition on any other agency. | ||||||
9 | (E) Entry of Order. The presiding trial judge | ||||||
10 | shall enter an order granting or denying the petition | ||||||
11 | for immediate sealing during the hearing in which it | ||||||
12 | is filed. Petitions for immediate sealing shall be | ||||||
13 | ruled on in the same hearing in which the final | ||||||
14 | disposition of the case is entered. | ||||||
15 | (F) Hearings. The court shall hear the petition | ||||||
16 | for immediate sealing on the same day and during the | ||||||
17 | same hearing in which the disposition is rendered. | ||||||
18 | (G) Service of Order. An order to immediately seal | ||||||
19 | eligible records shall be served in conformance with | ||||||
20 | subsection (d)(8). | ||||||
21 | (H) Implementation of Order. An order to | ||||||
22 | immediately seal records shall be implemented in | ||||||
23 | conformance with subsections (d)(9)(C) and (d)(9)(D). | ||||||
24 | (I) Fees. The fee imposed by the circuit court | ||||||
25 | clerk and the Illinois Department of State Police | ||||||
26 | shall comply with paragraph (1) of subsection (d) of |
| |||||||
| |||||||
1 | this Section. | ||||||
2 | (J) Final Order. No court order issued under this | ||||||
3 | subsection (g) shall become final for purposes of | ||||||
4 | appeal until 30 days after service of the order on the | ||||||
5 | petitioner and all parties entitled to service of the | ||||||
6 | order in conformance with subsection (d)(8). | ||||||
7 | (K) Motion to Vacate, Modify, or Reconsider. Under | ||||||
8 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
9 | petitioner, State's Attorney, or the Illinois | ||||||
10 | Department of State Police may file a motion to | ||||||
11 | vacate, modify, or reconsider the order denying the | ||||||
12 | petition to immediately seal within 60 days of service | ||||||
13 | of the order. If filed more than 60 days after service | ||||||
14 | of the order, a petition to vacate, modify, or | ||||||
15 | reconsider shall comply with subsection (c) of Section | ||||||
16 | 2-1401 of the Code of Civil Procedure. | ||||||
17 | (L) Effect of Order. An order granting an | ||||||
18 | immediate sealing petition shall not be considered | ||||||
19 | void because it fails to comply with the provisions of | ||||||
20 | this Section or because of an error asserted in a | ||||||
21 | motion to vacate, modify, or reconsider. The circuit | ||||||
22 | court retains jurisdiction to determine whether the | ||||||
23 | order is voidable, and to vacate, modify, or | ||||||
24 | reconsider its terms based on a motion filed under | ||||||
25 | subparagraph (L) of this subsection (g). | ||||||
26 | (M) Compliance with Order Granting Petition to |
| |||||||
| |||||||
1 | Seal Records. Unless a court has entered a stay of an | ||||||
2 | order granting a petition to immediately seal, all | ||||||
3 | parties entitled to service of the order must fully | ||||||
4 | comply with the terms of the order within 60 days of | ||||||
5 | service of the order. | ||||||
6 | (h) Sealing; trafficking victims. | ||||||
7 | (1) A trafficking victim as defined by paragraph (10) | ||||||
8 | of subsection (a) of Section 10-9 of the Criminal Code of | ||||||
9 | 2012 shall be eligible to petition for immediate sealing | ||||||
10 | of his or her criminal record upon the completion of his or | ||||||
11 | her last sentence if his or her participation in the | ||||||
12 | underlying offense was a direct result of human | ||||||
13 | trafficking under Section 10-9 of the Criminal Code of | ||||||
14 | 2012 or a severe form of trafficking under the federal | ||||||
15 | Trafficking Victims Protection Act. | ||||||
16 | (2) A petitioner under this subsection (h), in | ||||||
17 | addition to the requirements provided under paragraph (4) | ||||||
18 | of subsection (d) of this Section, shall include in his or | ||||||
19 | her petition a clear and concise statement that: (A) he or | ||||||
20 | she was a victim of human trafficking at the time of the | ||||||
21 | offense; and (B) that his or her participation in the | ||||||
22 | offense was a direct result of human trafficking under | ||||||
23 | Section 10-9 of the Criminal Code of 2012 or a severe form | ||||||
24 | of trafficking under the federal Trafficking Victims | ||||||
25 | Protection Act. | ||||||
26 | (3) If an objection is filed alleging that the |
| |||||||
| |||||||
1 | petitioner is not entitled to immediate sealing under this | ||||||
2 | subsection (h), the court shall conduct a hearing under | ||||||
3 | paragraph (7) of subsection (d) of this Section and the | ||||||
4 | court shall determine whether the petitioner is entitled | ||||||
5 | to immediate sealing under this subsection (h). A | ||||||
6 | petitioner is eligible for immediate relief under this | ||||||
7 | subsection (h) if he or she shows, by a preponderance of | ||||||
8 | the evidence, that: (A) he or she was a victim of human | ||||||
9 | trafficking at the time of the offense; and (B) that his or | ||||||
10 | her participation in the offense was a direct result of | ||||||
11 | human trafficking under Section 10-9 of the Criminal Code | ||||||
12 | of 2012 or a severe form of trafficking under the federal | ||||||
13 | Trafficking Victims Protection Act. | ||||||
14 | (i) Minor Cannabis Offenses under the Cannabis Control | ||||||
15 | Act. | ||||||
16 | (1) Expungement of Arrest Records of Minor Cannabis | ||||||
17 | Offenses. | ||||||
18 | (A) The Illinois Department of State Police and | ||||||
19 | all law enforcement agencies within the State shall | ||||||
20 | automatically expunge all criminal history records of | ||||||
21 | an arrest, charge not initiated by arrest, order of | ||||||
22 | supervision, or order of qualified probation for a | ||||||
23 | Minor Cannabis Offense committed prior to June 25, | ||||||
24 | 2019 (the effective date of Public Act 101-27) if: | ||||||
25 | (i) One year or more has elapsed since the | ||||||
26 | date of the arrest or law enforcement interaction |
| |||||||
| |||||||
1 | documented in the records; and | ||||||
2 | (ii) No criminal charges were filed relating | ||||||
3 | to the arrest or law enforcement interaction or | ||||||
4 | criminal charges were filed and subsequently | ||||||
5 | dismissed or vacated or the arrestee was | ||||||
6 | acquitted. | ||||||
7 | (B) If the law enforcement agency is unable to | ||||||
8 | verify satisfaction of condition (ii) in paragraph | ||||||
9 | (A), records that satisfy condition (i) in paragraph | ||||||
10 | (A) shall be automatically expunged. | ||||||
11 | (C) Records shall be expunged by the law | ||||||
12 | enforcement agency under the following timelines: | ||||||
13 | (i) Records created prior to June 25, 2019 | ||||||
14 | (the effective date of Public Act 101-27), but on | ||||||
15 | or after January 1, 2013, shall be automatically | ||||||
16 | expunged prior to January 1, 2021; | ||||||
17 | (ii) Records created prior to January 1, 2013, | ||||||
18 | but on or after January 1, 2000, shall be | ||||||
19 | automatically expunged prior to January 1, 2023; | ||||||
20 | (iii) Records created prior to January 1, 2000 | ||||||
21 | shall be automatically expunged prior to January | ||||||
22 | 1, 2025. | ||||||
23 | In response to an inquiry for expunged records, | ||||||
24 | the law enforcement agency receiving such inquiry | ||||||
25 | shall reply as it does in response to inquiries when no | ||||||
26 | records ever existed; however, it shall provide a |
| |||||||
| |||||||
1 | certificate of disposition or confirmation that the | ||||||
2 | record was expunged to the individual whose record was | ||||||
3 | expunged if such a record exists. | ||||||
4 | (D) Nothing in this Section shall be construed to | ||||||
5 | restrict or modify an individual's right to have that | ||||||
6 | individual's records expunged except as otherwise may | ||||||
7 | be provided in this Act, or diminish or abrogate any | ||||||
8 | rights or remedies otherwise available to the | ||||||
9 | individual. | ||||||
10 | (2) Pardons Authorizing Expungement of Minor Cannabis | ||||||
11 | Offenses. | ||||||
12 | (A) Upon June 25, 2019 (the effective date of | ||||||
13 | Public Act 101-27), the Department of State Police | ||||||
14 | shall review all criminal history record information | ||||||
15 | and identify all records that meet all of the | ||||||
16 | following criteria: | ||||||
17 | (i) one or more convictions for a Minor | ||||||
18 | Cannabis Offense; | ||||||
19 | (ii) the conviction identified in paragraph | ||||||
20 | (2)(A)(i) did not include a penalty enhancement | ||||||
21 | under Section 7 of the Cannabis Control Act; and | ||||||
22 | (iii) the conviction identified in paragraph | ||||||
23 | (2)(A)(i) is not associated with a conviction for | ||||||
24 | a violent crime as defined in subsection (c) of | ||||||
25 | Section 3 of the Rights of Crime Victims and | ||||||
26 | Witnesses Act. |
| |||||||
| |||||||
1 | (B) Within 180 days after June 25, 2019 (the | ||||||
2 | effective date of Public Act 101-27), the Department | ||||||
3 | of State Police shall notify the Prisoner Review Board | ||||||
4 | of all such records that meet the criteria established | ||||||
5 | in paragraph (2)(A). | ||||||
6 | (i) The Prisoner Review Board shall notify the | ||||||
7 | State's Attorney of the county of conviction of | ||||||
8 | each record identified by State Police in | ||||||
9 | paragraph (2)(A) that is classified as a Class 4 | ||||||
10 | felony. The State's Attorney may provide a written | ||||||
11 | objection to the Prisoner Review Board on the sole | ||||||
12 | basis that the record identified does not meet the | ||||||
13 | criteria established in paragraph (2)(A). Such an | ||||||
14 | objection must be filed within 60 days or by such | ||||||
15 | later date set by the Prisoner Review Board in the | ||||||
16 | notice after the State's Attorney received notice | ||||||
17 | from the Prisoner Review Board. | ||||||
18 | (ii) In response to a written objection from a | ||||||
19 | State's Attorney, the Prisoner Review Board is | ||||||
20 | authorized to conduct a non-public hearing to | ||||||
21 | evaluate the information provided in the | ||||||
22 | objection. | ||||||
23 | (iii) The Prisoner Review Board shall make a | ||||||
24 | confidential and privileged recommendation to the | ||||||
25 | Governor as to whether to grant a pardon | ||||||
26 | authorizing expungement for each of the records |
| |||||||
| |||||||
1 | identified by the Department of State Police as | ||||||
2 | described in paragraph (2)(A). | ||||||
3 | (C) If an individual has been granted a pardon | ||||||
4 | authorizing expungement as described in this Section, | ||||||
5 | the Prisoner Review Board, through the Attorney | ||||||
6 | General, shall file a petition for expungement with | ||||||
7 | the Chief Judge of the circuit or any judge of the | ||||||
8 | circuit designated by the Chief Judge where the | ||||||
9 | individual had been convicted. Such petition may | ||||||
10 | include more than one individual. Whenever an | ||||||
11 | individual who has been convicted of an offense is | ||||||
12 | granted a pardon by the Governor that specifically | ||||||
13 | authorizes expungement, an objection to the petition | ||||||
14 | may not be filed. Petitions to expunge under this | ||||||
15 | subsection (i) may include more than one individual. | ||||||
16 | Within 90 days of the filing of such a petition, the | ||||||
17 | court shall enter an order expunging the records of | ||||||
18 | arrest from the official records of the arresting | ||||||
19 | authority and order that the records of the circuit | ||||||
20 | court clerk and the Illinois Department of State | ||||||
21 | Police be expunged and the name of the defendant | ||||||
22 | obliterated from the official index requested to be | ||||||
23 | kept by the circuit court clerk under Section 16 of the | ||||||
24 | Clerks of Courts Act in connection with the arrest and | ||||||
25 | conviction for the offense for which the individual | ||||||
26 | had received a pardon but the order shall not affect |
| |||||||
| |||||||
1 | any index issued by the circuit court clerk before the | ||||||
2 | entry of the order. Upon entry of the order of | ||||||
3 | expungement, the circuit court clerk shall promptly | ||||||
4 | provide a copy of the order and a certificate of | ||||||
5 | disposition to the individual who was pardoned to the | ||||||
6 | individual's last known address or by electronic means | ||||||
7 | (if available) or otherwise make it available to the | ||||||
8 | individual upon request. | ||||||
9 | (D) Nothing in this Section is intended to | ||||||
10 | diminish or abrogate any rights or remedies otherwise | ||||||
11 | available to the individual. | ||||||
12 | (3) Any individual may file a motion to vacate and | ||||||
13 | expunge a conviction for a misdemeanor or Class 4 felony | ||||||
14 | violation of Section 4 or Section 5 of the Cannabis | ||||||
15 | Control Act. Motions to vacate and expunge under this | ||||||
16 | subsection (i) may be filed with the circuit court, Chief | ||||||
17 | Judge of a judicial circuit or any judge of the circuit | ||||||
18 | designated by the Chief Judge. The circuit court clerk | ||||||
19 | shall promptly serve a copy of the motion to vacate and | ||||||
20 | expunge, and any supporting documentation, on the State's | ||||||
21 | Attorney or prosecutor charged with the duty of | ||||||
22 | prosecuting the offense. When considering such a motion to | ||||||
23 | vacate and expunge, a court shall consider the following: | ||||||
24 | the reasons to retain the records provided by law | ||||||
25 | enforcement, the petitioner's age, the petitioner's age at | ||||||
26 | the time of offense, the time since the conviction, and |
| |||||||
| |||||||
1 | the specific adverse consequences if denied. An individual | ||||||
2 | may file such a petition after the completion of any | ||||||
3 | non-financial sentence or non-financial condition imposed | ||||||
4 | by the conviction. Within 60 days of the filing of such | ||||||
5 | motion, a State's Attorney may file an objection to such a | ||||||
6 | petition along with supporting evidence. If a motion to | ||||||
7 | vacate and expunge is granted, the records shall be | ||||||
8 | expunged in accordance with subparagraphs (d)(8) and | ||||||
9 | (d)(9)(A) of this Section. An agency providing civil legal | ||||||
10 | aid, as defined by Section 15 of the Public Interest | ||||||
11 | Attorney Assistance Act, assisting individuals seeking to | ||||||
12 | file a motion to vacate and expunge under this subsection | ||||||
13 | may file motions to vacate and expunge with the Chief | ||||||
14 | Judge of a judicial circuit or any judge of the circuit | ||||||
15 | designated by the Chief Judge, and the motion may include | ||||||
16 | more than one individual. Motions filed by an agency | ||||||
17 | providing civil legal aid concerning more than one | ||||||
18 | individual may be prepared, presented, and signed | ||||||
19 | electronically. | ||||||
20 | (4) Any State's Attorney may file a motion to vacate | ||||||
21 | and expunge a conviction for a misdemeanor or Class 4 | ||||||
22 | felony violation of Section 4 or Section 5 of the Cannabis | ||||||
23 | Control Act. Motions to vacate and expunge under this | ||||||
24 | subsection (i) may be filed with the circuit court, Chief | ||||||
25 | Judge of a judicial circuit or any judge of the circuit | ||||||
26 | designated by the Chief Judge, and may include more than |
| |||||||
| |||||||
1 | one individual. Motions filed by a State's Attorney | ||||||
2 | concerning more than one individual may be prepared, | ||||||
3 | presented, and signed electronically. When considering | ||||||
4 | such a motion to vacate and expunge, a court shall | ||||||
5 | consider the following: the reasons to retain the records | ||||||
6 | provided by law enforcement, the individual's age, the | ||||||
7 | individual's age at the time of offense, the time since | ||||||
8 | the conviction, and the specific adverse consequences if | ||||||
9 | denied. Upon entry of an order granting a motion to vacate | ||||||
10 | and expunge records pursuant to this Section, the State's | ||||||
11 | Attorney shall notify the Prisoner Review Board within 30 | ||||||
12 | days. Upon entry of the order of expungement, the circuit | ||||||
13 | court clerk shall promptly provide a copy of the order and | ||||||
14 | a certificate of disposition to the individual whose | ||||||
15 | records will be expunged to the individual's last known | ||||||
16 | address or by electronic means (if available) or otherwise | ||||||
17 | make available to the individual upon request. If a motion | ||||||
18 | to vacate and expunge is granted, the records shall be | ||||||
19 | expunged in accordance with subparagraphs (d)(8) and | ||||||
20 | (d)(9)(A) of this Section. | ||||||
21 | (5) In the public interest, the State's Attorney of a | ||||||
22 | county has standing to file motions to vacate and expunge | ||||||
23 | pursuant to this Section in the circuit court with | ||||||
24 | jurisdiction over the underlying conviction. | ||||||
25 | (6) If a person is arrested for a Minor Cannabis | ||||||
26 | Offense as defined in this Section before June 25, 2019 |
| |||||||
| |||||||
1 | (the effective date of Public Act 101-27) and the person's | ||||||
2 | case is still pending but a sentence has not been imposed, | ||||||
3 | the person may petition the court in which the charges are | ||||||
4 | pending for an order to summarily dismiss those charges | ||||||
5 | against him or her, and expunge all official records of | ||||||
6 | his or her arrest, plea, trial, conviction, incarceration, | ||||||
7 | supervision, or expungement. If the court determines, upon | ||||||
8 | review, that:
(A) the person was arrested before June 25, | ||||||
9 | 2019 (the effective date of Public Act 101-27) for an | ||||||
10 | offense that has been made eligible for expungement;
(B) | ||||||
11 | the case is pending at the time; and
(C) the person has not | ||||||
12 | been sentenced of the minor cannabis violation eligible | ||||||
13 | for expungement under this subsection, the court shall | ||||||
14 | consider the following: the reasons to retain the records | ||||||
15 | provided by law enforcement, the petitioner's age, the | ||||||
16 | petitioner's age at the time of offense, the time since | ||||||
17 | the conviction, and the specific adverse consequences if | ||||||
18 | denied. If a motion to dismiss and expunge is granted, the | ||||||
19 | records shall be expunged in accordance with subparagraph | ||||||
20 | (d)(9)(A) of this Section. | ||||||
21 | (7) A person imprisoned solely as a result of one or | ||||||
22 | more convictions for Minor Cannabis Offenses under this | ||||||
23 | subsection (i) shall be released from incarceration upon | ||||||
24 | the issuance of an order under this subsection. | ||||||
25 | (8) The Illinois Department of State Police shall | ||||||
26 | allow a person to use the access and review process, |
| |||||||
| |||||||
1 | established in the Illinois Department of State Police, | ||||||
2 | for verifying that his or her records relating to Minor | ||||||
3 | Cannabis Offenses of the Cannabis Control Act eligible | ||||||
4 | under this Section have been expunged. | ||||||
5 | (9) No conviction vacated pursuant to this Section | ||||||
6 | shall serve as the basis for damages for time unjustly | ||||||
7 | served as provided in the Court of Claims Act. | ||||||
8 | (10) Effect of Expungement. A person's right to | ||||||
9 | expunge an expungeable offense shall not be limited under | ||||||
10 | this Section. The effect of an order of expungement shall | ||||||
11 | be to restore the person to the status he or she occupied | ||||||
12 | before the arrest, charge, or conviction. | ||||||
13 | (11) Information. The Illinois Department of State | ||||||
14 | Police shall post general information on its website about | ||||||
15 | the expungement process described in this subsection (i). | ||||||
16 | (j) Felony Prostitution Convictions. | ||||||
17 | (1) Any individual may file a motion to vacate and | ||||||
18 | expunge a conviction for a prior Class 4 felony violation | ||||||
19 | of prostitution. Motions to vacate and expunge under this | ||||||
20 | subsection (j) may be filed with the circuit court, Chief | ||||||
21 | Judge of a judicial circuit, or any judge of the circuit | ||||||
22 | designated by the Chief Judge. When considering the motion | ||||||
23 | to vacate and expunge, a court shall consider the | ||||||
24 | following: | ||||||
25 | (A) the reasons to retain the records provided by | ||||||
26 | law enforcement; |
| |||||||
| |||||||
1 | (B) the petitioner's age; | ||||||
2 | (C) the petitioner's age at the time of offense; | ||||||
3 | and | ||||||
4 | (D) the time since the conviction, and the | ||||||
5 | specific adverse consequences if denied. An individual | ||||||
6 | may file the petition after the completion of any | ||||||
7 | sentence or condition imposed by the conviction. | ||||||
8 | Within 60 days of the filing of the motion, a State's | ||||||
9 | Attorney may file an objection to the petition along | ||||||
10 | with supporting evidence. If a motion to vacate and | ||||||
11 | expunge is granted, the records shall be expunged in | ||||||
12 | accordance with subparagraph (d)(9)(A) of this | ||||||
13 | Section. An agency providing civil legal aid, as | ||||||
14 | defined in Section 15 of the Public Interest Attorney | ||||||
15 | Assistance Act, assisting individuals seeking to file | ||||||
16 | a motion to vacate and expunge under this subsection | ||||||
17 | may file motions to vacate and expunge with the Chief | ||||||
18 | Judge of a judicial circuit or any judge of the circuit | ||||||
19 | designated by the Chief Judge, and the motion may | ||||||
20 | include more than one individual. | ||||||
21 | (2) Any State's Attorney may file a motion to vacate | ||||||
22 | and expunge a conviction for a Class 4 felony violation of | ||||||
23 | prostitution. Motions to vacate and expunge under this | ||||||
24 | subsection (j) may be filed with the circuit court, Chief | ||||||
25 | Judge of a judicial circuit, or any judge of the circuit | ||||||
26 | court designated by the Chief Judge, and may include more |
| |||||||
| |||||||
1 | than one individual. When considering the motion to vacate | ||||||
2 | and expunge, a court shall consider the following reasons: | ||||||
3 | (A) the reasons to retain the records provided by | ||||||
4 | law enforcement; | ||||||
5 | (B) the petitioner's age; | ||||||
6 | (C) the petitioner's age at the time of offense; | ||||||
7 | (D) the time since the conviction; and | ||||||
8 | (E) the specific adverse consequences if denied. | ||||||
9 | If the State's Attorney files a motion to vacate and | ||||||
10 | expunge records for felony prostitution convictions | ||||||
11 | pursuant to this Section, the State's Attorney shall | ||||||
12 | notify the Prisoner Review Board within 30 days of the | ||||||
13 | filing. If a motion to vacate and expunge is granted, the | ||||||
14 | records shall be expunged in accordance with subparagraph | ||||||
15 | (d)(9)(A) of this Section. | ||||||
16 | (3) In the public interest, the State's Attorney of a | ||||||
17 | county has standing to file motions to vacate and expunge | ||||||
18 | pursuant to this Section in the circuit court with | ||||||
19 | jurisdiction over the underlying conviction. | ||||||
20 | (4) The Illinois State Police shall allow a person to | ||||||
21 | a use the access and review process, established in the | ||||||
22 | Illinois State Police, for verifying that his or her | ||||||
23 | records relating to felony prostitution eligible under | ||||||
24 | this Section have been expunged. | ||||||
25 | (5) No conviction vacated pursuant to this Section | ||||||
26 | shall serve as the basis for damages for time unjustly |
| |||||||
| |||||||
1 | served as provided in the Court of Claims Act. | ||||||
2 | (6) Effect of Expungement. A person's right to expunge | ||||||
3 | an expungeable offense shall not be limited under this | ||||||
4 | Section. The effect of an order of expungement shall be to | ||||||
5 | restore the person to the status he or she occupied before | ||||||
6 | the arrest, charge, or conviction. | ||||||
7 | (7) Information. The Illinois State Police shall post | ||||||
8 | general information on its website about the expungement | ||||||
9 | process described in this subsection (j). | ||||||
10 | (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; | ||||||
11 | 101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff. | ||||||
12 | 12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21; | ||||||
13 | 102-558, 8-20-21; 102-639, eff. 8-27-21; revised 10-5-21.)
| ||||||
14 | Section 185. The Department of Veterans' Affairs Act is | ||||||
15 | amended by changing Sections 2.01a and 2.04 as follows:
| ||||||
16 | (20 ILCS 2805/2.01a) (from Ch. 126 1/2, par. 67.01a)
| ||||||
17 | Sec. 2.01a. Members benefits fund; personal property. The
| ||||||
18 | Department
shall direct the expenditure of all money which
has | ||||||
19 | been or may be received by any officer of an Illinois Veterans | ||||||
20 | Home
including profit on sales from commissary stores. The | ||||||
21 | money shall be deposited
into the members benefits fund and | ||||||
22 | expenditures from the fund
shall be made
under the direction | ||||||
23 | of the Department for the special comfort, pleasure, and
| ||||||
24 | amusement of residents and employees, provided that amounts |
| |||||||
| |||||||
1 | expended for
comfort, pleasure,
and amusement of employees | ||||||
2 | shall not exceed the amount of profits derived from
sales made | ||||||
3 | to employees by such commissaries, as determined by the | ||||||
4 | Department. The Department may also make expenditures from the | ||||||
5 | fund, subject to approval by the Director of Veterans' | ||||||
6 | Affairs, for recognition and appreciation programs for | ||||||
7 | volunteers who assist the Veterans Homes.
Expenditures from | ||||||
8 | the fund may not be used to supplement a
shortfall in the | ||||||
9 | ordinary and contingent operating expenses of the Home and
| ||||||
10 | shall be expended only for the special comfort, pleasure, and | ||||||
11 | amusement of the
residents.
| ||||||
12 | The Department shall prepare a quarterly report on all | ||||||
13 | locally held locally-held
member's benefits funds from each | ||||||
14 | Illinois Veterans Home. The report shall contain the amount of | ||||||
15 | donations received for each veterans' home, including monetary | ||||||
16 | and nonmonetary items, the expenditures and items disbursed | ||||||
17 | dispersed , and the end of quarter balance of the locally held | ||||||
18 | locally-held
member's benefits funds. The Department shall | ||||||
19 | submit the quarterly report to the General Assembly and to the | ||||||
20 | Governor and publish the report on its website. | ||||||
21 | Money received as interest and income on funds deposited | ||||||
22 | for residents
of an Illinois Veterans Home shall be paid to the | ||||||
23 | individual accounts of the residents.
If home residents choose | ||||||
24 | to hold savings accounts or other
investments outside the | ||||||
25 | Home, interest or income on the individual savings
accounts or | ||||||
26 | investments of residents shall
accrue
to the individual |
| |||||||
| |||||||
1 | accounts of the residents.
| ||||||
2 | Any money belonging to residents separated by death, | ||||||
3 | discharge, or
unauthorized absence from an Illinois Veterans | ||||||
4 | Home, in custody of officers
thereof, may, if unclaimed by the | ||||||
5 | resident or the legal
representatives thereof for a period of | ||||||
6 | 2 years, be expended at the
direction of the Department for the | ||||||
7 | purposes and in the manner specified
above. Articles of | ||||||
8 | personal property, with the exception of clothing left
in the | ||||||
9 | custody of officers, shall, if unclaimed for the period of
2 | ||||||
10 | years, be sold and the money disposed of in the same manner.
| ||||||
11 | Clothing left at a Home by residents at the time of | ||||||
12 | separation
may be used as determined by the Home if unclaimed | ||||||
13 | by the resident
or legal representatives thereof within 30 | ||||||
14 | days after notification.
| ||||||
15 | (Source: P.A. 102-549, eff. 1-1-22; revised 12-1-21.)
| ||||||
16 | (20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04)
| ||||||
17 | Sec. 2.04.
There shall be established in the State | ||||||
18 | Treasury special funds
known as (i) the LaSalle Veterans Home | ||||||
19 | Fund, (ii) the Anna Veterans Home Fund,
(iii) the Manteno | ||||||
20 | Veterans Home Fund, and (iv) the Quincy Veterans Home
Fund.
| ||||||
21 | All moneys received by an Illinois Veterans Home from Medicare | ||||||
22 | and from
maintenance charges to veterans, spouses, and | ||||||
23 | surviving spouses residing at
that Home shall be paid into | ||||||
24 | that Home's Fund. All moneys
received from the
U.S. Department | ||||||
25 | of Veterans Affairs for patient care shall be transmitted to
|
| |||||||
| |||||||
1 | the Treasurer of the State for deposit in the Veterans Home | ||||||
2 | Fund for the Home
in which the veteran resides. Appropriations | ||||||
3 | shall be made from a Fund only
for the needs of the Home, | ||||||
4 | including capital improvements, building
rehabilitation, and | ||||||
5 | repairs. The Illinois Veterans' Homes Fund shall be the | ||||||
6 | Veterans Home Fund for the Illinois Veterans Home at Chicago.
| ||||||
7 | The administrator of each Veterans Home shall establish a | ||||||
8 | locally held
locally-held
member's benefits fund. The Director | ||||||
9 | may authorize the Veterans Home to conduct limited fundraising | ||||||
10 | in accordance with applicable laws and regulations for which | ||||||
11 | the sole purpose is to benefit the Veterans Home's member's | ||||||
12 | benefits fund. Revenues accruing to an Illinois Veterans Home,
| ||||||
13 | including any donations, grants for the operation of the Home, | ||||||
14 | profits from
commissary stores, and funds received from any | ||||||
15 | individual or other source, including limited fundraising,
| ||||||
16 | shall be deposited into that Home's benefits fund. | ||||||
17 | Expenditures from the benefits funds
shall
be solely for the | ||||||
18 | special comfort, pleasure, and amusement of residents.
| ||||||
19 | Contributors of unsolicited private donations may specify the | ||||||
20 | purpose for which
the private donations are to be used.
| ||||||
21 | Upon request of the Department, the State's Attorney of | ||||||
22 | the county in which
a resident or living former resident of an | ||||||
23 | Illinois Veterans Home
who is liable under this Act
for | ||||||
24 | payment of sums representing maintenance charges resides shall | ||||||
25 | file
an action in a court of competent jurisdiction against | ||||||
26 | any such person who
fails or refuses to pay such sums. The |
| |||||||
| |||||||
1 | court may order the payment of sums
due to maintenance charges | ||||||
2 | for such period or periods of time as the
circumstances | ||||||
3 | require.
| ||||||
4 | Upon the death of a person who is or has been a resident of | ||||||
5 | an
Illinois Veterans Home who is
liable for maintenance | ||||||
6 | charges and who is possessed of property, the
Department may | ||||||
7 | present a claim for such sum or for the balance due in
case | ||||||
8 | less than the rate prescribed under this Act has been paid. The
| ||||||
9 | claim shall be allowed and paid as other lawful claims against | ||||||
10 | the estate.
| ||||||
11 | The administrator of each Veterans Home shall establish a | ||||||
12 | locally held
locally-held
trust fund to maintain moneys held | ||||||
13 | for residents. Whenever the Department
finds it necessary to | ||||||
14 | preserve order,
preserve health, or enforce discipline, the | ||||||
15 | resident shall deposit in a
trust account at the Home such | ||||||
16 | monies from any source of income as may
be determined | ||||||
17 | necessary, and disbursement of these funds to the resident
| ||||||
18 | shall be made only by direction of the administrator.
| ||||||
19 | If a resident of an Illinois Veterans Home has a
dependent | ||||||
20 | child, spouse, or parent the administrator may
require that | ||||||
21 | all monies
received be deposited in a trust account with | ||||||
22 | dependency contributions
being made at the direction of the | ||||||
23 | administrator. The balance retained
in the trust account shall | ||||||
24 | be disbursed to the resident at the time of
discharge from the | ||||||
25 | Home or to his or her heirs or legal representative
at the time | ||||||
26 | of the resident's death, subject to Department regulations
or |
| |||||||
| |||||||
1 | order of the court.
| ||||||
2 | The Director of Central Management Services, with the
| ||||||
3 | consent of the Director of Veterans' Affairs, is authorized
| ||||||
4 | and empowered to lease or let any real property held by the | ||||||
5 | Department of
Veterans' Affairs for an Illinois Veterans Home | ||||||
6 | to entities or
persons upon terms and conditions which are | ||||||
7 | considered to be in the best
interest of that Home. The real | ||||||
8 | property must not be needed for any direct
or immediate | ||||||
9 | purpose of the Home. In any leasing or letting, primary
| ||||||
10 | consideration shall be given to the use of real property for | ||||||
11 | agricultural
purposes, and all moneys received shall be | ||||||
12 | transmitted to the Treasurer of
the State for deposit in the | ||||||
13 | appropriate Veterans Home Fund. | ||||||
14 | Each administrator of an Illinois Veterans Home who has an | ||||||
15 | established locally held locally-held
member's benefits fund | ||||||
16 | shall prepare and submit to the Department a monthly report of | ||||||
17 | all donations received, including donations of a nonmonetary | ||||||
18 | nature. The report shall include the end of month balance of | ||||||
19 | the locally held locally-held
member's benefits fund.
| ||||||
20 | (Source: P.A. 102-549, eff. 1-1-22; revised 12-1-21.)
| ||||||
21 | Section 190. The State Fire Marshal Act is amended by | ||||||
22 | changing Section 3 as follows:
| ||||||
23 | (20 ILCS 2905/3) (from Ch. 127 1/2, par. 3)
| ||||||
24 | Sec. 3.
There is created the Illinois Fire Advisory |
| |||||||
| |||||||
1 | Commission which
shall advise the Office in the exercise of | ||||||
2 | its powers and duties. The
Commission shall be appointed by | ||||||
3 | the Governor as follows: | ||||||
4 | (1) 3 professional, full-time paid firefighters; | ||||||
5 | (2) one volunteer firefighter; | ||||||
6 | (3) one Fire Protection Engineer who is registered in
| ||||||
7 | Illinois; | ||||||
8 | (4) one person who is a representative of the fire | ||||||
9 | insurance industry in Illinois; | ||||||
10 | (5) one person who is a representative of a
registered | ||||||
11 | United States Department of Labor
apprenticeship program | ||||||
12 | primarily instructing
in the installation and repair of
| ||||||
13 | fire extinguishing systems; | ||||||
14 | (6) one licensed operating or stationary engineer who
| ||||||
15 | has an associate degree in facilities engineering
| ||||||
16 | technology and has knowledge of the operation and
| ||||||
17 | maintenance of fire alarm and fire
extinguishing systems | ||||||
18 | primarily for the life safety of
occupants in a variety of | ||||||
19 | commercial or residential
structures; and | ||||||
20 | (7) 3 persons with an interest in and knowledgeable
| ||||||
21 | about fire prevention methods.
| ||||||
22 | In addition, the following shall serve as ex officio | ||||||
23 | members of the
Commission: the Chicago Fire Commissioner, or | ||||||
24 | his or her designee; the
executive officer, or his or her | ||||||
25 | designee, of each of the following
organizations: the Illinois | ||||||
26 | Fire Chiefs Association, the Illinois Fire
Protection District |
| |||||||
| |||||||
1 | Association, the Illinois Fire Inspectors
Association, the | ||||||
2 | Illinois Professional Firefighters Association, the
Illinois | ||||||
3 | Firemen's Association, the Associated Firefighters of | ||||||
4 | Illinois,
the Illinois Society of Fire Service Instructors, | ||||||
5 | the Illinois Chapter of the International Association of Arson | ||||||
6 | Investigators, the Mutual Aid Box Alarm System (MABAS) | ||||||
7 | Illinois,
and the Fire Service Institute, University of | ||||||
8 | Illinois.
| ||||||
9 | The Governor shall designate, at the time of appointment, | ||||||
10 | 3 members
to serve terms expiring on the third Monday in | ||||||
11 | January, 1979; 3 members
to serve terms expiring the third | ||||||
12 | Monday in January, 1980; and 2 members
to serve terms expiring | ||||||
13 | the third Monday in January, 1981. The
additional member | ||||||
14 | appointed by the Governor pursuant to Public Act 85-718 shall | ||||||
15 | serve for a term expiring the third Monday in January, 1990. | ||||||
16 | Thereafter,
all terms shall be for 3 years. A member shall | ||||||
17 | serve until his or her
successor is appointed and qualified. A | ||||||
18 | vacancy shall be filled for the
unexpired term.
| ||||||
19 | The Governor shall designate one of the appointed members | ||||||
20 | to be
chairperson of the Commission.
| ||||||
21 | Members shall serve without compensation but shall be | ||||||
22 | reimbursed for
their actual reasonable expenses incurred in | ||||||
23 | the performance of their
duties.
| ||||||
24 | (Source: P.A. 101-234, eff. 8-9-19; 102-269, eff. 8-6-21; | ||||||
25 | 102-558, eff. 8-20-21; revised 10-5-21.)
|
| |||||||
| |||||||
1 | Section 195. The Energy
Efficient Building Act is amended | ||||||
2 | by changing Sections 10, 15, and 30 as follows: | ||||||
3 | (20 ILCS 3125/10) | ||||||
4 | Sec. 10. Definitions.
| ||||||
5 | "Agency" means the Environmental Protection Agency. | ||||||
6 | "Board" means the Capital Development Board.
| ||||||
7 | "Building" includes both residential buildings and | ||||||
8 | commercial buildings.
| ||||||
9 | "Code" means the latest published edition of the | ||||||
10 | International Code Council's International Energy Conservation | ||||||
11 | Code as adopted by the Board, including any published | ||||||
12 | supplements adopted by the Board and any amendments and | ||||||
13 | adaptations to the Code that are made by the
Board.
| ||||||
14 | "Commercial building" means any building except a building | ||||||
15 | that is a residential building, as defined in this Section. | ||||||
16 | "Municipality" means any city, village, or incorporated | ||||||
17 | town.
| ||||||
18 | "Residential building" means (i) a detached one-family or | ||||||
19 | 2-family dwelling or (ii) any building that is 3 stories or | ||||||
20 | less in height above grade that contains multiple dwelling | ||||||
21 | units, in which the occupants reside on a primarily permanent | ||||||
22 | basis, such as a townhouse, a row house, an apartment house, a | ||||||
23 | convent, a monastery, a rectory, a fraternity or sorority | ||||||
24 | house, a dormitory, and a rooming house; provided, however, | ||||||
25 | that when applied to a building located within the boundaries |
| |||||||
| |||||||
1 | of a municipality having a population of 1,000,000 or more, | ||||||
2 | the term "residential building" means a building containing | ||||||
3 | one or more dwelling units, not exceeding 4 stories above | ||||||
4 | grade, where occupants are primarily permanent. | ||||||
5 | "Site energy index" means a scalar published by the | ||||||
6 | Pacific Northwest National Laboratories representing the ratio | ||||||
7 | of the site energy performance of an evaluated code compared | ||||||
8 | to the site energy performance of the 2006 International | ||||||
9 | Energy Conservation Code. A "site energy index" includes only | ||||||
10 | conservation measures and excludes net energy credit for any | ||||||
11 | on-site or off-site energy production.
| ||||||
12 | (Source: P.A. 101-144, eff. 7-26-19; 102-444, eff. 8-20-21; | ||||||
13 | 102-662, eff. 9-15-21; revised 10-12-21.) | ||||||
14 | (20 ILCS 3125/15)
| ||||||
15 | Sec. 15. Energy Efficient Building Code. The Board, in | ||||||
16 | consultation with the Agency, shall adopt the Code as minimum
| ||||||
17 | requirements for commercial buildings, applying to the | ||||||
18 | construction of, renovations to, and additions to all | ||||||
19 | commercial buildings in the State. The Board, in consultation | ||||||
20 | with the Agency, shall also adopt the Code as the minimum and | ||||||
21 | maximum requirements for residential buildings, applying to | ||||||
22 | the construction of, renovations to, and additions to all | ||||||
23 | residential buildings in the State, except as provided for in | ||||||
24 | Section 45 of this Act. The Board may
appropriately adapt the | ||||||
25 | International Energy Conservation Code to apply to the
|
| |||||||
| |||||||
1 | particular economy, population distribution, geography, and | ||||||
2 | climate of the
State and construction therein, consistent with | ||||||
3 | the public policy
objectives of this Act.
| ||||||
4 | (Source: P.A. 102-444, eff. 8-20-21; 102-662, eff. 9-15-21; | ||||||
5 | revised 10-21-21.) | ||||||
6 | (20 ILCS 3125/30)
| ||||||
7 | Sec. 30. Enforcement. The
Board, in consultation with the | ||||||
8 | Agency, shall
determine
procedures for compliance with the | ||||||
9 | Code. These procedures
may include but need not be
limited to | ||||||
10 | certification by a national, State, or local accredited energy
| ||||||
11 | conservation program or inspections from private | ||||||
12 | Code-certified inspectors
using the Code.
For purposes of the | ||||||
13 | Illinois Stretch Energy Code under Section 55, the Board shall | ||||||
14 | allow and encourage, as an alternative compliance mechanism, | ||||||
15 | project certification by a nationally recognized nonprofit | ||||||
16 | certification organization specializing in high-performance | ||||||
17 | passive buildings and offering climate-specific building | ||||||
18 | energy standards that require equal or better energy | ||||||
19 | performance than the Illinois Stretch Energy Code.
| ||||||
20 | (Source: P.A. 102-444, eff. 8-20-21; 102-662, eff. 9-15-21; | ||||||
21 | revised 10-19-21.) | ||||||
22 | Section 200. The Illinois Emergency Management Agency Act | ||||||
23 | is amended by changing Section 5 as follows:
|
| |||||||
| |||||||
1 | (20 ILCS 3305/5) (from Ch. 127, par. 1055)
| ||||||
2 | Sec. 5. Illinois Emergency Management Agency.
| ||||||
3 | (a) There is created within the executive branch of the | ||||||
4 | State Government an
Illinois Emergency Management Agency and a | ||||||
5 | Director of the Illinois Emergency
Management Agency, herein | ||||||
6 | called the "Director" who shall be the head thereof.
The | ||||||
7 | Director shall be appointed by the Governor, with the advice | ||||||
8 | and consent of
the Senate, and shall serve for a term of 2 | ||||||
9 | years beginning on the third Monday
in January of the | ||||||
10 | odd-numbered year, and until a successor is appointed and
has | ||||||
11 | qualified; except that the term of the first Director | ||||||
12 | appointed under this
Act shall expire on the third Monday in | ||||||
13 | January, 1989. The Director shall not
hold any other | ||||||
14 | remunerative public office. For terms ending before December | ||||||
15 | 31, 2019, the Director shall receive an annual
salary as set by | ||||||
16 | the
Compensation Review Board. For terms beginning after | ||||||
17 | January 18, 2019 ( the effective date of Public Act 100-1179) | ||||||
18 | this amendatory Act of the 100th General Assembly , the annual | ||||||
19 | salary of the Director shall be as provided in Section 5-300 of | ||||||
20 | the Civil Administrative Code of Illinois.
| ||||||
21 | (b) The Illinois Emergency Management Agency shall obtain, | ||||||
22 | under the
provisions of the Personnel Code, technical, | ||||||
23 | clerical, stenographic and other
administrative personnel, and | ||||||
24 | may make expenditures within the appropriation
therefor as may | ||||||
25 | be necessary to carry out the purpose of this Act. The agency
| ||||||
26 | created by this Act is intended to be a successor to the agency |
| |||||||
| |||||||
1 | created under
the Illinois Emergency Services and Disaster | ||||||
2 | Agency Act of 1975 and the
personnel, equipment, records, and | ||||||
3 | appropriations of that agency are
transferred to the successor | ||||||
4 | agency as of June 30, 1988 (the effective date of this Act).
| ||||||
5 | (c) The Director, subject to the direction and control of | ||||||
6 | the Governor,
shall be the executive head of the Illinois | ||||||
7 | Emergency Management Agency and
the State Emergency Response | ||||||
8 | Commission and shall be responsible under the
direction of the | ||||||
9 | Governor, for carrying out the program for emergency
| ||||||
10 | management of this State. The Director shall also maintain | ||||||
11 | liaison
and cooperate with
the emergency management | ||||||
12 | organizations of this State and other states and of
the | ||||||
13 | federal government.
| ||||||
14 | (d) The Illinois Emergency Management Agency shall take an | ||||||
15 | integral part in
the development and revision of political | ||||||
16 | subdivision emergency operations
plans prepared under | ||||||
17 | paragraph (f) of Section 10. To this end it shall employ
or | ||||||
18 | otherwise secure the services of professional and technical | ||||||
19 | personnel
capable of providing expert assistance to the | ||||||
20 | emergency services and disaster
agencies. These personnel | ||||||
21 | shall consult with emergency services and disaster
agencies on | ||||||
22 | a regular basis and shall make field examinations of the | ||||||
23 | areas,
circumstances, and conditions that particular political | ||||||
24 | subdivision emergency
operations plans are intended to apply.
| ||||||
25 | (e) The Illinois Emergency Management Agency and political | ||||||
26 | subdivisions
shall be encouraged to form an emergency |
| |||||||
| |||||||
1 | management advisory committee composed
of private and public | ||||||
2 | personnel representing the emergency management phases of
| ||||||
3 | mitigation, preparedness, response, and recovery.
The Local | ||||||
4 | Emergency Planning Committee, as created under the Illinois
| ||||||
5 | Emergency
Planning and Community Right to Know Act, shall | ||||||
6 | serve as
an advisory
committee to the emergency services and | ||||||
7 | disaster agency or agencies serving
within the boundaries
of | ||||||
8 | that Local Emergency Planning Committee planning district for:
| ||||||
9 | (1) the development of emergency operations plan | ||||||
10 | provisions for hazardous
chemical
emergencies; and
| ||||||
11 | (2) the assessment of emergency response capabilities | ||||||
12 | related to hazardous
chemical
emergencies.
| ||||||
13 | (f) The Illinois Emergency Management Agency shall:
| ||||||
14 | (1) Coordinate the overall emergency management | ||||||
15 | program of the State.
| ||||||
16 | (2) Cooperate with local governments, the federal | ||||||
17 | government , and any
public or private agency or entity in | ||||||
18 | achieving any purpose of this Act and
in implementing | ||||||
19 | emergency management programs for mitigation, | ||||||
20 | preparedness,
response, and recovery.
| ||||||
21 | (2.5) Develop a comprehensive emergency preparedness | ||||||
22 | and response plan for any nuclear
accident in accordance | ||||||
23 | with Section 65 of the Nuclear Safety
Law of 2004 and in | ||||||
24 | development of the
Illinois
Nuclear Safety Preparedness | ||||||
25 | program in accordance with Section 8 of the
Illinois | ||||||
26 | Nuclear Safety Preparedness Act.
|
| |||||||
| |||||||
1 | (2.6) Coordinate with the Department of Public Health
| ||||||
2 | with respect to planning for and responding to public | ||||||
3 | health emergencies.
| ||||||
4 | (3) Prepare, for issuance by the Governor, executive | ||||||
5 | orders,
proclamations, and regulations as necessary or | ||||||
6 | appropriate in coping with
disasters.
| ||||||
7 | (4) Promulgate rules and requirements for political | ||||||
8 | subdivision
emergency operations plans that are not | ||||||
9 | inconsistent with and are at least
as stringent as | ||||||
10 | applicable federal laws and regulations.
| ||||||
11 | (5) Review and approve, in accordance with Illinois | ||||||
12 | Emergency Management
Agency rules, emergency operations
| ||||||
13 | plans for those political subdivisions required to have an | ||||||
14 | emergency services
and disaster agency pursuant to this | ||||||
15 | Act.
| ||||||
16 | (5.5) Promulgate rules and requirements for the | ||||||
17 | political subdivision
emergency management
exercises, | ||||||
18 | including, but not limited to, exercises of the emergency | ||||||
19 | operations
plans.
| ||||||
20 | (5.10) Review, evaluate, and approve, in accordance | ||||||
21 | with Illinois
Emergency
Management
Agency rules, political | ||||||
22 | subdivision emergency management exercises for those
| ||||||
23 | political subdivisions
required to have an emergency | ||||||
24 | services and disaster agency pursuant to this
Act.
| ||||||
25 | (6) Determine requirements of the State and its | ||||||
26 | political
subdivisions
for food, clothing, and other |
| |||||||
| |||||||
1 | necessities in event of a disaster.
| ||||||
2 | (7) Establish a register of persons with types of | ||||||
3 | emergency
management
training and skills in mitigation, | ||||||
4 | preparedness, response, and recovery.
| ||||||
5 | (8) Establish a register of government and private | ||||||
6 | response
resources
available for use in a disaster.
| ||||||
7 | (9) Expand the Earthquake Awareness Program and its | ||||||
8 | efforts to
distribute earthquake preparedness materials to | ||||||
9 | schools, political
subdivisions, community groups, civic | ||||||
10 | organizations, and the media.
Emphasis will be placed on | ||||||
11 | those areas of the State most at risk from an
earthquake. | ||||||
12 | Maintain the list of all school districts, hospitals,
| ||||||
13 | airports, power plants, including nuclear power plants, | ||||||
14 | lakes, dams,
emergency response facilities of all types, | ||||||
15 | and all other major public or
private structures which are | ||||||
16 | at the greatest risk of damage from
earthquakes under | ||||||
17 | circumstances where the damage would cause subsequent
harm | ||||||
18 | to the surrounding communities and residents.
| ||||||
19 | (10) Disseminate all information, completely and | ||||||
20 | without
delay, on water
levels for rivers and streams and | ||||||
21 | any other data pertaining to potential
flooding supplied | ||||||
22 | by the Division of Water Resources within the Department | ||||||
23 | of
Natural Resources to all political subdivisions to the | ||||||
24 | maximum extent possible.
| ||||||
25 | (11) Develop agreements, if feasible, with medical | ||||||
26 | supply and
equipment
firms to
supply resources as are |
| |||||||
| |||||||
1 | necessary to respond to an earthquake or any other
| ||||||
2 | disaster as defined in this Act. These resources will be | ||||||
3 | made available
upon notifying the vendor of the disaster. | ||||||
4 | Payment for the resources will
be in accordance with | ||||||
5 | Section 7 of this Act. The Illinois Department of
Public | ||||||
6 | Health shall determine which resources will be required | ||||||
7 | and requested.
| ||||||
8 | (11.5) In coordination with the Illinois State Police, | ||||||
9 | develop and
implement a community outreach program to | ||||||
10 | promote awareness among the State's
parents and children | ||||||
11 | of child abduction prevention and response.
| ||||||
12 | (12) Out of funds appropriated for these purposes, | ||||||
13 | award capital and
non-capital grants to Illinois hospitals | ||||||
14 | or health care facilities located
outside of a city with a | ||||||
15 | population in excess of 1,000,000 to be used for
purposes | ||||||
16 | that include, but are not limited to, preparing to respond | ||||||
17 | to mass
casualties and disasters, maintaining and | ||||||
18 | improving patient safety and
quality of care, and | ||||||
19 | protecting the confidentiality of patient information.
No | ||||||
20 | single grant for a capital expenditure shall exceed | ||||||
21 | $300,000.
No single grant for a non-capital expenditure | ||||||
22 | shall exceed $100,000.
In awarding such grants, preference | ||||||
23 | shall be given to hospitals that serve
a significant | ||||||
24 | number of Medicaid recipients, but do not qualify for
| ||||||
25 | disproportionate share hospital adjustment payments under | ||||||
26 | the Illinois Public
Aid Code. To receive such a grant, a |
| |||||||
| |||||||
1 | hospital or health care facility must
provide funding of | ||||||
2 | at least 50% of the cost of the project for which the grant
| ||||||
3 | is being requested.
In awarding such grants the Illinois | ||||||
4 | Emergency Management Agency shall consider
the | ||||||
5 | recommendations of the Illinois Hospital Association.
| ||||||
6 | (13) Do all other things necessary, incidental or | ||||||
7 | appropriate
for the implementation of this Act.
| ||||||
8 | (g) The Illinois Emergency Management Agency is authorized | ||||||
9 | to make grants to various higher education institutions, | ||||||
10 | public K-12 school districts, area vocational centers as | ||||||
11 | designated by the State Board of Education, inter-district | ||||||
12 | special education cooperatives, regional safe schools, and | ||||||
13 | nonpublic K-12 schools for safety and security improvements. | ||||||
14 | For the purpose of this subsection (g), "higher education | ||||||
15 | institution" means a public university, a public community | ||||||
16 | college, or an independent, not-for-profit or for-profit | ||||||
17 | higher education institution located in this State. Grants | ||||||
18 | made under this subsection (g) shall be paid out of moneys | ||||||
19 | appropriated for that purpose from the Build Illinois Bond | ||||||
20 | Fund. The Illinois Emergency Management Agency shall adopt | ||||||
21 | rules to implement this subsection (g). These rules may | ||||||
22 | specify: (i) the manner of applying for grants; (ii) project | ||||||
23 | eligibility requirements; (iii) restrictions on the use of | ||||||
24 | grant moneys; (iv) the manner in which the various higher | ||||||
25 | education institutions must account for the use of grant | ||||||
26 | moneys; and (v) any other provision that the Illinois |
| |||||||
| |||||||
1 | Emergency Management Agency determines to be necessary or | ||||||
2 | useful for the administration of this subsection (g). | ||||||
3 | (g-5) The Illinois Emergency Management Agency is | ||||||
4 | authorized to make grants to not-for-profit organizations | ||||||
5 | which are exempt from federal income taxation under section | ||||||
6 | 501(c)(3) of the Federal Internal Revenue Code for eligible | ||||||
7 | security improvements that assist the organization in | ||||||
8 | preventing, preparing for, or responding to acts of terrorism. | ||||||
9 | The Director shall establish procedures and forms by which | ||||||
10 | applicants may apply for a grant and procedures for | ||||||
11 | distributing grants to recipients. The procedures shall | ||||||
12 | require each applicant to do the following: | ||||||
13 | (1) identify and substantiate prior threats or attacks | ||||||
14 | by a terrorist organization, network, or cell against the | ||||||
15 | not-for-profit organization; | ||||||
16 | (2) indicate the symbolic or strategic value of one or | ||||||
17 | more sites that renders the site a possible target of | ||||||
18 | terrorism; | ||||||
19 | (3) discuss potential consequences to the organization | ||||||
20 | if the site is damaged, destroyed, or disrupted by a | ||||||
21 | terrorist act; | ||||||
22 | (4) describe how the grant will be used to integrate | ||||||
23 | organizational preparedness with broader State and local | ||||||
24 | preparedness efforts; | ||||||
25 | (5) submit a vulnerability assessment conducted by | ||||||
26 | experienced security, law enforcement, or military |
| |||||||
| |||||||
1 | personnel, and a description of how the grant award will | ||||||
2 | be used to address the vulnerabilities identified in the | ||||||
3 | assessment; and | ||||||
4 | (6) submit any other relevant information as may be | ||||||
5 | required by the Director. | ||||||
6 | The Agency is authorized to use funds appropriated for the | ||||||
7 | grant program described in this subsection (g-5) to administer | ||||||
8 | the program. | ||||||
9 | (h) Except as provided in Section 17.5 of this Act, any | ||||||
10 | moneys received by the Agency from donations or sponsorships | ||||||
11 | unrelated to a disaster shall be deposited in the Emergency | ||||||
12 | Planning and Training Fund and used by the Agency, subject to | ||||||
13 | appropriation, to effectuate planning and training activities. | ||||||
14 | Any moneys received by the Agency from donations during a | ||||||
15 | disaster and intended for disaster response or recovery shall | ||||||
16 | be deposited into the Disaster Response and Recovery Fund and | ||||||
17 | used for disaster response and recovery pursuant to the | ||||||
18 | Disaster Relief Act. | ||||||
19 | (i) The Illinois Emergency Management Agency may by rule | ||||||
20 | assess and collect reasonable fees for attendance at | ||||||
21 | Agency-sponsored conferences to enable the Agency to carry out | ||||||
22 | the requirements of this Act. Any moneys received under this | ||||||
23 | subsection shall be deposited in the Emergency Planning and | ||||||
24 | Training Fund and used by the Agency, subject to | ||||||
25 | appropriation, for planning and training activities. | ||||||
26 | (j) The Illinois Emergency Management Agency is authorized |
| |||||||
| |||||||
1 | to make grants to other State agencies, public universities, | ||||||
2 | units of local government, and statewide mutual aid | ||||||
3 | organizations to enhance statewide emergency preparedness and | ||||||
4 | response. | ||||||
5 | (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; | ||||||
6 | revised 10-5-21.)
| ||||||
7 | Section 205. The Nuclear Safety Law of 2004 is amended by | ||||||
8 | changing Section 40 as follows: | ||||||
9 | (20 ILCS 3310/40)
| ||||||
10 | Sec. 40. Regulation of nuclear safety. The Illinois | ||||||
11 | Emergency Management Agency shall have primary responsibility | ||||||
12 | for the coordination and oversight of all State governmental | ||||||
13 | functions concerning the regulation of nuclear power, | ||||||
14 | including low level waste management, environmental | ||||||
15 | monitoring, environmental radiochemical analysis, and | ||||||
16 | transportation of nuclear waste. Functions performed by the | ||||||
17 | Illinois State Police and the Department of Transportation in | ||||||
18 | the area of nuclear safety, on the effective date of this Act, | ||||||
19 | may continue to be performed by these agencies but under the | ||||||
20 | direction of the Illinois Emergency Management Agency. All | ||||||
21 | other governmental functions regulating nuclear safety shall | ||||||
22 | be coordinated by the Illinois Emergency Management Agency.
| ||||||
23 | (Source: P.A. 102-133, eff. 7-23-21; 102-538, eff. 8-20-21; | ||||||
24 | revised 9-28-21.) |
| |||||||
| |||||||
1 | Section 210. The Illinois Criminal Justice Information Act | ||||||
2 | is amended by changing Section 7.7 as follows: | ||||||
3 | (20 ILCS 3930/7.7) | ||||||
4 | Sec. 7.7. Pretrial data collection. | ||||||
5 | (a) The Administrative Director of the Administrative | ||||||
6 | Office Officer of the Illinois Courts shall convene an | ||||||
7 | oversight board to be known as the Pretrial Practices Data | ||||||
8 | Oversight Board to oversee the collection and analysis of data | ||||||
9 | regarding pretrial practices in circuit court systems. The | ||||||
10 | Board shall include, but is not limited to, designees from the | ||||||
11 | Administrative Office of the Illinois Courts, the Illinois | ||||||
12 | Criminal Justice Information Authority, and other entities | ||||||
13 | that possess knowledge of pretrial practices and data | ||||||
14 | collection issues. Members of the Board shall serve without | ||||||
15 | compensation. | ||||||
16 | (b) The Oversight Board shall: | ||||||
17 | (1) identify existing pretrial data collection | ||||||
18 | processes in local jurisdictions; | ||||||
19 | (2) define, gather and maintain records of pretrial | ||||||
20 | data relating to the topics listed in subsection (c) from | ||||||
21 | circuit clerks' offices, sheriff's departments, law | ||||||
22 | enforcement agencies, jails, pretrial departments, | ||||||
23 | probation department, State's Attorneys' offices, public | ||||||
24 | defenders' offices and other applicable criminal justice |
| |||||||
| |||||||
1 | system agencies; | ||||||
2 | (3) identify resources necessary to systematically | ||||||
3 | collect and report data related to the topics listed in | ||||||
4 | subsection subsections (c); and | ||||||
5 | (4) develop a plan to implement data collection | ||||||
6 | processes sufficient to collect data on the topics listed | ||||||
7 | in subsection (c) no later than one year after July 1, 2021 | ||||||
8 | ( the effective date of Public Act 101-652) this amendatory | ||||||
9 | Act of the 101st General Assembly .
The plan and, once | ||||||
10 | implemented, the reports and analysis shall be published | ||||||
11 | and made publicly available on the Administrative Office | ||||||
12 | of the Illinois Courts (AOIC) website. | ||||||
13 | (c) The Pretrial Practices Data Oversight Board shall | ||||||
14 | develop a strategy to collect quarterly, county-level data on | ||||||
15 | the following topics; which collection of data shall begin | ||||||
16 | starting one year after July 1, 2021 ( the effective date of | ||||||
17 | Public Act 101-652) this amendatory Act of the 101st General | ||||||
18 | Assembly : | ||||||
19 | (1) information on all persons arrested and charged | ||||||
20 | with misdemeanor or felony charges, or both, including | ||||||
21 | information on persons released directly from law | ||||||
22 | enforcement custody; | ||||||
23 | (2) information on the outcomes of pretrial conditions | ||||||
24 | and pretrial detention hearings in the county courts, | ||||||
25 | including but not limited to the number of hearings held, | ||||||
26 | the number of defendants detained, the number of |
| |||||||
| |||||||
1 | defendants released, and the number of defendants released | ||||||
2 | with electronic monitoring; | ||||||
3 | (3) information regarding persons detained in the | ||||||
4 | county jail pretrial, including, but not limited to, the | ||||||
5 | number of persons detained in the jail pretrial and the | ||||||
6 | number detained in the jail for other reasons, the | ||||||
7 | demographics of the pretrial jail population, race, sex, | ||||||
8 | sexual orientation, gender identity, age, and ethnicity, | ||||||
9 | the charges including on which pretrial defendants are | ||||||
10 | detained, the average length of stay of pretrial | ||||||
11 | defendants; | ||||||
12 | (4) information regarding persons placed on electronic | ||||||
13 | monitoring programs pretrial, including, but not limited | ||||||
14 | to, the number of participants, the demographics of the | ||||||
15 | participant population, including race, sex, sexual | ||||||
16 | orientation, gender identity, age, and ethnicity, the | ||||||
17 | charges on which participants are ordered to the program, | ||||||
18 | and the average length of participation in the program; | ||||||
19 | (5) discharge data regarding persons detained pretrial | ||||||
20 | in the county jail, including, but not limited to, the | ||||||
21 | number who are sentenced to the Illinois Department of | ||||||
22 | Corrections, the number released after being sentenced to | ||||||
23 | time served, the number who are released on probation, | ||||||
24 | conditional discharge, or other community supervision, the | ||||||
25 | number found not guilty, the number whose cases are | ||||||
26 | dismissed, the number whose cases are dismissed as part of |
| |||||||
| |||||||
1 | diversion or deferred prosecution program, and the number | ||||||
2 | who are released pretrial after a hearing re-examining | ||||||
3 | their pretrial detention; | ||||||
4 | (6) information on the pretrial rearrest of | ||||||
5 | individuals released pretrial, including the number | ||||||
6 | arrested and charged with a new misdemeanor offense while | ||||||
7 | released, the number arrested and charged with a new | ||||||
8 | felony offense while released, and the number arrested and | ||||||
9 | charged with a new forcible felony offense while released, | ||||||
10 | and how long after release these arrests occurred; | ||||||
11 | (7) information on the pretrial failure to appear | ||||||
12 | rates of individuals released pretrial, including the | ||||||
13 | number who missed one or more court dates, how many | ||||||
14 | warrants for failures to appear were issued, and how many | ||||||
15 | individuals were detained pretrial or placed on electronic | ||||||
16 | monitoring pretrial after a failure to appear in court; | ||||||
17 | (8) what, if any, validated pretrial risk assessment | ||||||
18 | tools are in use in each jurisdiction, and comparisons of | ||||||
19 | the pretrial release and pretrial detention decisions of | ||||||
20 | judges as compared to and the risk assessment scores of | ||||||
21 | individuals; and | ||||||
22 | (9) any other information the Pretrial Practices Data | ||||||
23 | Oversight Board considers important and probative of the | ||||||
24 | effectiveness of pretrial practices in the State state of | ||||||
25 | Illinois.
| ||||||
26 | (d) d) Circuit clerks' offices, sheriff's departments, law |
| |||||||
| |||||||
1 | enforcement agencies, jails, pretrial departments, probation | ||||||
2 | department, State's Attorneys' offices, public defenders' | ||||||
3 | offices and other applicable criminal justice system agencies | ||||||
4 | are mandated to provide data to the Administrative Office of | ||||||
5 | the Illinois Courts as described in subsection (c).
| ||||||
6 | (Source: P.A. 101-652, eff. 7-1-21; revised 12-3-21.) | ||||||
7 | Section 215. The State Finance Act is amended by setting | ||||||
8 | forth and renumbering multiple
versions of Sections 5.935, | ||||||
9 | 5.937, and 5.938, by setting forth, renumbering, and changing | ||||||
10 | multiple versions of Sections 5.936 and 6z-125, and by | ||||||
11 | changing Sections 6z-82, 6z-99, 8.3, and 25 as follows: | ||||||
12 | (30 ILCS 105/5.935) | ||||||
13 | Sec. 5.935. The Freedom Schools Fund. | ||||||
14 | (Source: P.A. 101-654, eff. 3-8-21.)
| ||||||
15 | (30 ILCS 105/5.936)
| ||||||
16 | Sec. 5.936. The Law Enforcement Training Fund. | ||||||
17 | (Source: P.A. 102-16, eff. 6-17-21.)
| ||||||
18 | (30 ILCS 105/5.937) | ||||||
19 | Sec. 5.937. The Sickle Cell Chronic Disease Fund. | ||||||
20 | (Source: P.A. 102-4, eff. 4-27-21.) | ||||||
21 | (30 ILCS 105/5.938) |
| |||||||
| |||||||
1 | Sec. 5.938. The DoIT Special Projects Fund. | ||||||
2 | (Source: P.A. 102-16, eff. 6-17-21.)
| ||||||
3 | (30 ILCS 105/5.942)
| ||||||
4 | Sec. 5.942 5.935 . The Equal Pay Registration Fund. | ||||||
5 | (Source: P.A. 101-656, eff. 3-23-21; revised 10-5-21.)
| ||||||
6 | (30 ILCS 105/5.943)
| ||||||
7 | Sec. 5.943 5.935 . The Capital Facility and Technology | ||||||
8 | Modernization Fund. | ||||||
9 | (Source: P.A. 101-665, eff. 4-2-21; revised 10-5-21.)
| ||||||
10 | (30 ILCS 105/5.944)
| ||||||
11 | Sec. 5.944 5.935 . The Managed Care Oversight Fund. | ||||||
12 | (Source: P.A. 102-4, Article 160, Section 160-5, eff. 4-27-21; | ||||||
13 | revised 10-5-21.)
| ||||||
14 | (30 ILCS 105/5.945)
| ||||||
15 | Sec. 5.945 5.935 . The Medicaid Technical Assistance Center | ||||||
16 | Fund. | ||||||
17 | (Source: P.A. 102-4, Article 185, Section 185-90, eff. | ||||||
18 | 4-27-21; revised 10-5-21.)
| ||||||
19 | (30 ILCS 105/5.946)
| ||||||
20 | Sec. 5.946 5.935 . The State Police Training and Academy | ||||||
21 | Fund. |
| |||||||
| |||||||
1 | (Source: P.A. 102-16, eff. 6-17-21; revised 10-5-21.)
| ||||||
2 | (30 ILCS 105/5.947)
| ||||||
3 | Sec. 5.947 5.935 . The Ronald McDonald House Charities | ||||||
4 | Fund. | ||||||
5 | (Source: P.A. 102-73, eff. 7-9-21; revised 10-5-21.)
| ||||||
6 | (30 ILCS 105/5.948)
| ||||||
7 | Sec. 5.948 5.935 . The Illinois Higher Education Savings | ||||||
8 | Program Fund. | ||||||
9 | (Source: P.A. 102-129, eff. 7-23-21; revised 10-5-21.)
| ||||||
10 | (30 ILCS 105/5.949)
| ||||||
11 | Sec. 5.949 5.935 . The Infrastructure Development Fund. | ||||||
12 | (Source: P.A. 102-141, eff. 7-23-21; revised 10-5-21.)
| ||||||
13 | (30 ILCS 105/5.950)
| ||||||
14 | Sec. 5.950 5.935 . The Water and Sewer Low-Income | ||||||
15 | Assistance Fund. | ||||||
16 | (Source: P.A. 102-262, eff. 8-6-21; revised 10-5-21.)
| ||||||
17 | (30 ILCS 105/5.951)
| ||||||
18 | Sec. 5.951 5.935 . The Department of Juvenile Justice | ||||||
19 | Reimbursement and Education Fund. | ||||||
20 | (Source: P.A. 102-350, eff. 8-13-21; revised 10-5-21.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/5.952)
| ||||||
2 | Sec. 5.952 5.935 . The Folds of Honor Foundation Fund. | ||||||
3 | (Source: P.A. 102-383, eff. 1-1-22; revised 10-5-21.)
| ||||||
4 | (30 ILCS 105/5.953)
| ||||||
5 | Sec. 5.953 5.935 . The Experimental Aircraft Association | ||||||
6 | Fund. | ||||||
7 | (Source: P.A. 102-422, eff. 8-20-21; revised 10-5-21.)
| ||||||
8 | (30 ILCS 105/5.954)
| ||||||
9 | Sec. 5.954 5.935 . The Child Abuse Council of the Quad | ||||||
10 | Cities Fund. | ||||||
11 | (Source: P.A. 102-423, eff. 8-20-21; revised 10-5-21.)
| ||||||
12 | (30 ILCS 105/5.955)
| ||||||
13 | Sec. 5.955 5.935 . The Illinois Health Care Workers Benefit | ||||||
14 | Fund. | ||||||
15 | (Source: P.A. 102-515, eff. 1-1-22; revised 10-5-21.)
| ||||||
16 | (30 ILCS 105/5.956)
| ||||||
17 | Sec. 5.956 5.935 . The Pembroke Township Natural Gas | ||||||
18 | Investment Pilot Program Fund. | ||||||
19 | (Source: P.A. 102-609, eff. 8-27-21; revised 10-5-21.)
| ||||||
20 | (30 ILCS 105/5.957)
| ||||||
21 | Sec. 5.957 5.935 . The Illinois Broadband Adoption Fund. |
| |||||||
| |||||||
1 | (Source: P.A. 102-648, eff. 8-27-21; revised 10-5-21.)
| ||||||
2 | (30 ILCS 105/5.958)
| ||||||
3 | Sec. 5.958 5.935 . The Coal to Solar and Energy Storage | ||||||
4 | Initiative Fund. | ||||||
5 | (Source: P.A. 102-662, eff. 9-15-21; revised 10-5-21.)
| ||||||
6 | (30 ILCS 105/5.959)
| ||||||
7 | Sec. 5.959 5.936 . The Illinois Small Business Fund. | ||||||
8 | (Source: P.A. 102-330, eff. 1-1-22; revised 10-5-21.)
| ||||||
9 | (30 ILCS 105/5.960)
| ||||||
10 | Sec. 5.960 5.936 . The Energy Transition Assistance Fund. | ||||||
11 | (Source: P.A. 102-662, eff. 9-15-21; revised 10-5-21.)
| ||||||
12 | (30 ILCS 105/5.961)
| ||||||
13 | Sec. 5.961 5.937 . The Consumer Intervenor Compensation | ||||||
14 | Fund. | ||||||
15 | (Source: P.A. 102-662, eff. 9-15-21; revised 10-5-21.)
| ||||||
16 | (30 ILCS 105/5.962)
| ||||||
17 | (This Section may contain text from a Public Act with a | ||||||
18 | delayed effective date ) | ||||||
19 | Sec. 5.962 5.938 . The Electronic Notarization Fund. | ||||||
20 | (Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for | ||||||
21 | effective date of P.A. 102-160); revised 10-5-21.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/5.963)
| ||||||
2 | Sec. 5.963 5.938 . The State Police Revocation Enforcement | ||||||
3 | Fund. | ||||||
4 | (Source: P.A. 102-237, eff. 1-1-22; revised 10-5-21.)
| ||||||
5 | (30 ILCS 105/5.964)
| ||||||
6 | Sec. 5.964 5.938 . The Lead Service Line Replacement Fund. | ||||||
7 | (Source: P.A. 102-613, eff. 1-1-22; revised 10-5-21.)
| ||||||
8 | (30 ILCS 105/6z-82) | ||||||
9 | Sec. 6z-82. State Police Operations Assistance Fund. | ||||||
10 | (a) There is created in the State treasury a special fund | ||||||
11 | known as the State Police Operations Assistance Fund. The Fund | ||||||
12 | shall receive revenue under the Criminal and Traffic | ||||||
13 | Assessment Act. The Fund may also receive revenue from grants, | ||||||
14 | donations, appropriations, and any other legal source. | ||||||
15 | (a-5) Notwithstanding any other provision of law to the | ||||||
16 | contrary, and in addition to any other transfers that may be | ||||||
17 | provided by law, on August 20, 2021 ( the effective date of | ||||||
18 | Public Act 102-505) this amendatory Act of the 102nd General | ||||||
19 | Assembly , or as soon thereafter as practical, the State | ||||||
20 | Comptroller shall direct and the State Treasurer shall | ||||||
21 | transfer the remaining balance from the Over Dimensional Load | ||||||
22 | Police Escort Fund into the State Police Operations Assistance | ||||||
23 | Fund. Upon completion of the transfer, the Over Dimensional |
| |||||||
| |||||||
1 | Load Police Escort Fund is dissolved, and any future deposits | ||||||
2 | due to that Fund and any outstanding obligations or | ||||||
3 | liabilities of that Fund shall pass to the State Police | ||||||
4 | Operations Assistance Fund. | ||||||
5 | This Fund may charge, collect, and receive fees or moneys | ||||||
6 | as described in Section 15-312 of the Illinois Vehicle Code, | ||||||
7 | and receive all fees received by the Illinois State Police | ||||||
8 | under that Section. The moneys shall be used by the Illinois | ||||||
9 | State Police for its expenses in providing police escorts and | ||||||
10 | commercial vehicle enforcement activities. | ||||||
11 | (b) The Illinois State Police may use moneys in the Fund to | ||||||
12 | finance any of its lawful purposes or functions. | ||||||
13 | (c) Expenditures may be made from the Fund only as | ||||||
14 | appropriated by the General Assembly by law. | ||||||
15 | (d) Investment income that is attributable to the | ||||||
16 | investment of moneys in the Fund shall be retained in the Fund | ||||||
17 | for the uses specified in this Section. | ||||||
18 | (e) The State Police Operations Assistance Fund shall not | ||||||
19 | be subject to administrative chargebacks.
| ||||||
20 | (f) (Blank). the Illinois | ||||||
21 | (g) Notwithstanding any other provision of State law to | ||||||
22 | the contrary, on or after July 1, 2021, in addition to any | ||||||
23 | other transfers that may be provided for by law, at the | ||||||
24 | direction of and upon notification from the Director of the | ||||||
25 | Illinois State Police, the State Comptroller shall direct and | ||||||
26 | the State Treasurer shall transfer amounts not exceeding |
| |||||||
| |||||||
1 | $7,000,000 into the State Police Operations Assistance Fund | ||||||
2 | from the State Police Services Fund. | ||||||
3 | (Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21; | ||||||
4 | 102-538, eff. 8-20-21; revised 10-22-21.) | ||||||
5 | (30 ILCS 105/6z-99) | ||||||
6 | Sec. 6z-99. The Mental Health Reporting Fund. | ||||||
7 | (a) There is created in the State treasury a special fund | ||||||
8 | known as the Mental Health Reporting Fund. The Fund shall | ||||||
9 | receive revenue under the Firearm Concealed Carry Act. The | ||||||
10 | Fund may also receive revenue from grants, pass-through | ||||||
11 | grants, donations, appropriations, and any other legal source. | ||||||
12 | (b) The Illinois State Police and Department of Human | ||||||
13 | Services shall coordinate to use moneys in the Fund to finance | ||||||
14 | their respective duties of collecting and reporting data on | ||||||
15 | mental health records and ensuring that mental health firearm | ||||||
16 | possession prohibitors are enforced as set forth under the | ||||||
17 | Firearm Concealed Carry Act and the Firearm Owners | ||||||
18 | Identification Card Act. Any surplus in the Fund beyond what | ||||||
19 | is necessary to ensure compliance with mental health reporting | ||||||
20 | under these Acts shall be used by the Department of Human | ||||||
21 | Services for mental health treatment programs as follows: (1) | ||||||
22 | 50% shall be used to fund
community-based mental health | ||||||
23 | programs aimed at reducing gun
violence, community integration | ||||||
24 | and education, or mental
health awareness and prevention, | ||||||
25 | including administrative
costs; and (2) 50% shall be used to |
| |||||||
| |||||||
1 | award grants that use and
promote the National School Mental | ||||||
2 | Health Curriculum model for
school-based mental health | ||||||
3 | support, integration, and services. | ||||||
4 | (c) Investment income that is attributable to the | ||||||
5 | investment of moneys in the Fund shall be retained in the Fund | ||||||
6 | for the uses specified in this Section.
| ||||||
7 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
8 | revised 10-26-21.) | ||||||
9 | (30 ILCS 105/6z-125) | ||||||
10 | Sec. 6z-125. State Police Training and Academy Fund. The | ||||||
11 | State Police Training and Academy Fund is hereby created as a | ||||||
12 | special fund in the State treasury. Moneys in the Fund shall | ||||||
13 | consist of: (i) 10% of the revenue from increasing the | ||||||
14 | insurance producer license fees, as provided under subsection | ||||||
15 | (a-5) of Section 500-135 of the Illinois Insurance Code; and | ||||||
16 | (ii) 10% of the moneys collected from auto insurance policy | ||||||
17 | fees under Section 8.6 of the Illinois Motor Vehicle Theft | ||||||
18 | Prevention and Insurance Verification Act. This Fund shall be | ||||||
19 | used by the Illinois State Police to fund training and other | ||||||
20 | State Police institutions, including, but not limited to, | ||||||
21 | forensic laboratories.
| ||||||
22 | (Source: P.A. 102-16, eff. 6-17-21.)
| ||||||
23 | (30 ILCS 105/6z-127)
| ||||||
24 | Sec. 6z-127 6z-125 . State Police Revocation Enforcement |
| |||||||
| |||||||
1 | Fund. | ||||||
2 | (a) The State Police Revocation Enforcement Fund is | ||||||
3 | established as a special fund in the State treasury. This Fund | ||||||
4 | is established to receive moneys from the Firearm Owners | ||||||
5 | Identification Card Act to enforce that Act, the Firearm | ||||||
6 | Concealed Carry Act, Article 24 of the Criminal Code of 2012, | ||||||
7 | and other firearm offenses. The Fund may also receive revenue | ||||||
8 | from grants, donations, appropriations, and any other legal | ||||||
9 | source. | ||||||
10 | (b) The Illinois State Police may use moneys from the Fund | ||||||
11 | to establish task forces and, if necessary, include other law | ||||||
12 | enforcement agencies, under intergovernmental contracts | ||||||
13 | written and executed in conformity with the Intergovernmental | ||||||
14 | Cooperation Act. | ||||||
15 | (c) The Illinois State Police may use moneys in the Fund to | ||||||
16 | hire and train State Police officers and for the prevention of | ||||||
17 | violent crime. | ||||||
18 | (d) The State Police Revocation Enforcement Fund is not | ||||||
19 | subject to administrative chargebacks. | ||||||
20 | (e) Law enforcement agencies that participate in Firearm | ||||||
21 | Owner's Identification Card revocation enforcement in the | ||||||
22 | Violent Crime Intelligence Task Force may apply for grants | ||||||
23 | from the Illinois State Police.
| ||||||
24 | (Source: P.A. 102-237, eff. 1-1-22; revised 11-9-21.)
| ||||||
25 | (30 ILCS 105/8.3) (from Ch. 127, par. 144.3) |
| |||||||
| |||||||
1 | Sec. 8.3. Money in the Road Fund shall, if and when the | ||||||
2 | State of
Illinois incurs any bonded indebtedness for the | ||||||
3 | construction of
permanent highways, be set aside and used for | ||||||
4 | the purpose of paying and
discharging annually the principal | ||||||
5 | and interest on that bonded
indebtedness then due and payable, | ||||||
6 | and for no other purpose. The
surplus, if any, in the Road Fund | ||||||
7 | after the payment of principal and
interest on that bonded | ||||||
8 | indebtedness then annually due shall be used as
follows: | ||||||
9 | first -- to pay the cost of administration of Chapters | ||||||
10 | 2 through 10 of
the Illinois Vehicle Code, except the cost | ||||||
11 | of administration of Articles I and
II of Chapter 3 of that | ||||||
12 | Code, and to pay the costs of the Executive Ethics | ||||||
13 | Commission for oversight and administration of the Chief | ||||||
14 | Procurement Officer appointed under paragraph (2) of | ||||||
15 | subsection (a) of Section 10-20 of the Illinois | ||||||
16 | Procurement Code for transportation; and | ||||||
17 | secondly -- for expenses of the Department of | ||||||
18 | Transportation for
construction, reconstruction, | ||||||
19 | improvement, repair, maintenance,
operation, and | ||||||
20 | administration of highways in accordance with the
| ||||||
21 | provisions of laws relating thereto, or for any purpose | ||||||
22 | related or
incident to and connected therewith, including | ||||||
23 | the separation of grades
of those highways with railroads | ||||||
24 | and with highways and including the
payment of awards made | ||||||
25 | by the Illinois Workers' Compensation Commission under the | ||||||
26 | terms of
the Workers' Compensation Act or Workers' |
| |||||||
| |||||||
1 | Occupational Diseases Act for
injury or death of an | ||||||
2 | employee of the Division of Highways in the
Department of | ||||||
3 | Transportation; or for the acquisition of land and the
| ||||||
4 | erection of buildings for highway purposes, including the | ||||||
5 | acquisition of
highway right-of-way or for investigations | ||||||
6 | to determine the reasonably
anticipated future highway | ||||||
7 | needs; or for making of surveys, plans,
specifications and | ||||||
8 | estimates for and in the construction and maintenance
of | ||||||
9 | flight strips and of highways necessary to provide access | ||||||
10 | to military
and naval reservations, to defense industries | ||||||
11 | and defense-industry
sites, and to the sources of raw | ||||||
12 | materials and for replacing existing
highways and highway | ||||||
13 | connections shut off from general public use at
military | ||||||
14 | and naval reservations and defense-industry sites, or for | ||||||
15 | the
purchase of right-of-way, except that the State shall | ||||||
16 | be reimbursed in
full for any expense incurred in building | ||||||
17 | the flight strips; or for the
operating and maintaining of | ||||||
18 | highway garages; or for patrolling and
policing the public | ||||||
19 | highways and conserving the peace; or for the operating | ||||||
20 | expenses of the Department relating to the administration | ||||||
21 | of public transportation programs; or, during fiscal year | ||||||
22 | 2021 only, for the purposes of a grant not to exceed | ||||||
23 | $8,394,800 to the Regional Transportation Authority on | ||||||
24 | behalf of PACE for the purpose of ADA/Para-transit | ||||||
25 | expenses; or, during fiscal year 2022 only, for the | ||||||
26 | purposes of a grant not to exceed $8,394,800 to the |
| |||||||
| |||||||
1 | Regional Transportation Authority on behalf of PACE for | ||||||
2 | the purpose of ADA/Para-transit expenses; or for any of
| ||||||
3 | those purposes or any other purpose that may be provided | ||||||
4 | by law. | ||||||
5 | Appropriations for any of those purposes are payable from | ||||||
6 | the Road
Fund. Appropriations may also be made from the Road | ||||||
7 | Fund for the
administrative expenses of any State agency that | ||||||
8 | are related to motor
vehicles or arise from the use of motor | ||||||
9 | vehicles. | ||||||
10 | Beginning with fiscal year 1980 and thereafter, no Road | ||||||
11 | Fund monies
shall be appropriated to the following Departments | ||||||
12 | or agencies of State
government for administration, grants, or | ||||||
13 | operations; but this
limitation is not a restriction upon | ||||||
14 | appropriating for those purposes any
Road Fund monies that are | ||||||
15 | eligible for federal reimbursement: | ||||||
16 | 1. Department of Public Health; | ||||||
17 | 2. Department of Transportation, only with respect to | ||||||
18 | subsidies for
one-half fare Student Transportation and | ||||||
19 | Reduced Fare for Elderly, except fiscal year 2021 only | ||||||
20 | when no more than $17,570,000 may be expended and except | ||||||
21 | fiscal year 2022 only when no more than $17,570,000 may be | ||||||
22 | expended; | ||||||
23 | 3. Department of Central Management
Services, except | ||||||
24 | for expenditures
incurred for group insurance premiums of | ||||||
25 | appropriate personnel; | ||||||
26 | 4. Judicial Systems and Agencies. |
| |||||||
| |||||||
1 | Beginning with fiscal year 1981 and thereafter, no Road | ||||||
2 | Fund monies
shall be appropriated to the following Departments | ||||||
3 | or agencies of State
government for administration, grants, or | ||||||
4 | operations; but this
limitation is not a restriction upon | ||||||
5 | appropriating for those purposes any
Road Fund monies that are | ||||||
6 | eligible for federal reimbursement: | ||||||
7 | 1. Illinois State Police, except for expenditures with
| ||||||
8 | respect to the Division of Patrol Operations and Division | ||||||
9 | of Criminal Investigation; | ||||||
10 | 2. Department of Transportation, only with respect to | ||||||
11 | Intercity Rail
Subsidies, except fiscal year 2021 only | ||||||
12 | when no more than $50,000,000 may be expended and except | ||||||
13 | fiscal year 2022 only when no more than $50,000,000 may be | ||||||
14 | expended, and Rail Freight Services. | ||||||
15 | Beginning with fiscal year 1982 and thereafter, no Road | ||||||
16 | Fund monies
shall be appropriated to the following Departments | ||||||
17 | or agencies of State
government for administration, grants, or | ||||||
18 | operations; but this
limitation is not a restriction upon | ||||||
19 | appropriating for those purposes any
Road Fund monies that are | ||||||
20 | eligible for federal reimbursement: Department
of Central | ||||||
21 | Management Services, except for awards made by
the Illinois | ||||||
22 | Workers' Compensation Commission under the terms of the | ||||||
23 | Workers' Compensation Act
or Workers' Occupational Diseases | ||||||
24 | Act for injury or death of an employee of
the Division of | ||||||
25 | Highways in the Department of Transportation. | ||||||
26 | Beginning with fiscal year 1984 and thereafter, no Road |
| |||||||
| |||||||
1 | Fund monies
shall be appropriated to the following Departments | ||||||
2 | or agencies of State
government for administration, grants, or | ||||||
3 | operations; but this
limitation is not a restriction upon | ||||||
4 | appropriating for those purposes any
Road Fund monies that are | ||||||
5 | eligible for federal reimbursement: | ||||||
6 | 1. Illinois State Police, except not more than 40% of | ||||||
7 | the
funds appropriated for the Division of Patrol | ||||||
8 | Operations and Division of Criminal Investigation; | ||||||
9 | 2. State Officers. | ||||||
10 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
11 | Fund monies
shall be appropriated to any Department or agency | ||||||
12 | of State government
for administration, grants, or operations | ||||||
13 | except as provided hereafter;
but this limitation is not a | ||||||
14 | restriction upon appropriating for those
purposes any Road | ||||||
15 | Fund monies that are eligible for federal
reimbursement. It | ||||||
16 | shall not be lawful to circumvent the above
appropriation | ||||||
17 | limitations by governmental reorganization or other
methods. | ||||||
18 | Appropriations shall be made from the Road Fund only in
| ||||||
19 | accordance with the provisions of this Section. | ||||||
20 | Money in the Road Fund shall, if and when the State of | ||||||
21 | Illinois
incurs any bonded indebtedness for the construction | ||||||
22 | of permanent
highways, be set aside and used for the purpose of | ||||||
23 | paying and
discharging during each fiscal year the principal | ||||||
24 | and interest on that
bonded indebtedness as it becomes due and | ||||||
25 | payable as provided in the
Transportation Bond Act, and for no | ||||||
26 | other
purpose. The surplus, if any, in the Road Fund after the |
| |||||||
| |||||||
1 | payment of
principal and interest on that bonded indebtedness | ||||||
2 | then annually due
shall be used as follows: | ||||||
3 | first -- to pay the cost of administration of Chapters | ||||||
4 | 2 through 10
of the Illinois Vehicle Code; and | ||||||
5 | secondly -- no Road Fund monies derived from fees, | ||||||
6 | excises, or
license taxes relating to registration, | ||||||
7 | operation and use of vehicles on
public highways or to | ||||||
8 | fuels used for the propulsion of those vehicles,
shall be | ||||||
9 | appropriated or expended other than for costs of | ||||||
10 | administering
the laws imposing those fees, excises, and | ||||||
11 | license taxes, statutory
refunds and adjustments allowed | ||||||
12 | thereunder, administrative costs of the
Department of | ||||||
13 | Transportation, including, but not limited to, the | ||||||
14 | operating expenses of the Department relating to the | ||||||
15 | administration of public transportation programs, payment | ||||||
16 | of debts and liabilities incurred
in construction and | ||||||
17 | reconstruction of public highways and bridges,
acquisition | ||||||
18 | of rights-of-way for and the cost of construction,
| ||||||
19 | reconstruction, maintenance, repair, and operation of | ||||||
20 | public highways and
bridges under the direction and | ||||||
21 | supervision of the State, political
subdivision, or | ||||||
22 | municipality collecting those monies, or during fiscal | ||||||
23 | year 2021 only for the purposes of a grant not to exceed | ||||||
24 | $8,394,800 to the Regional Transportation Authority on | ||||||
25 | behalf of PACE for the purpose of ADA/Para-transit | ||||||
26 | expenses, or during fiscal year 2022 only for the purposes |
| |||||||
| |||||||
1 | of a grant not to exceed $8,394,800 to the Regional | ||||||
2 | Transportation Authority on behalf of PACE for the purpose | ||||||
3 | of ADA/Para-transit expenses, and the costs for
patrolling | ||||||
4 | and policing the public highways (by the State, political
| ||||||
5 | subdivision, or municipality collecting that money) for | ||||||
6 | enforcement of
traffic laws. The separation of grades of | ||||||
7 | such highways with railroads
and costs associated with | ||||||
8 | protection of at-grade highway and railroad
crossing shall | ||||||
9 | also be permissible. | ||||||
10 | Appropriations for any of such purposes are payable from | ||||||
11 | the Road
Fund or the Grade Crossing Protection Fund as | ||||||
12 | provided in Section 8 of
the Motor Fuel Tax Law. | ||||||
13 | Except as provided in this paragraph, beginning with | ||||||
14 | fiscal year 1991 and
thereafter, no Road Fund monies
shall be | ||||||
15 | appropriated to the Illinois State Police for the purposes of
| ||||||
16 | this Section in excess of its total fiscal year 1990 Road Fund
| ||||||
17 | appropriations for those purposes unless otherwise provided in | ||||||
18 | Section 5g of
this Act.
For fiscal years 2003,
2004, 2005, | ||||||
19 | 2006, and 2007 only, no Road Fund monies shall
be appropriated | ||||||
20 | to the
Department of State Police for the purposes of this | ||||||
21 | Section in excess of
$97,310,000.
For fiscal year 2008 only, | ||||||
22 | no Road
Fund monies shall be appropriated to the Department of | ||||||
23 | State Police for the purposes of
this Section in excess of | ||||||
24 | $106,100,000. For fiscal year 2009 only, no Road Fund monies | ||||||
25 | shall be appropriated to the Department of State Police for | ||||||
26 | the purposes of this Section in excess of $114,700,000. |
| ||||||||||||||
| ||||||||||||||
1 | Beginning in fiscal year 2010, no road fund moneys shall be | |||||||||||||
2 | appropriated to the Illinois State Police. It shall not be | |||||||||||||
3 | lawful to circumvent this limitation on
appropriations by | |||||||||||||
4 | governmental reorganization or other methods unless
otherwise | |||||||||||||
5 | provided in Section 5g of this Act. | |||||||||||||
6 | In fiscal year 1994, no Road Fund monies shall be | |||||||||||||
7 | appropriated
to the
Secretary of State for the purposes of | |||||||||||||
8 | this Section in excess of the total
fiscal year 1991 Road Fund | |||||||||||||
9 | appropriations to the Secretary of State for
those purposes, | |||||||||||||
10 | plus $9,800,000. It
shall not be
lawful to circumvent
this | |||||||||||||
11 | limitation on appropriations by governmental reorganization or | |||||||||||||
12 | other
method. | |||||||||||||
13 | Beginning with fiscal year 1995 and thereafter, no Road | |||||||||||||
14 | Fund
monies
shall be appropriated to the Secretary of State | |||||||||||||
15 | for the purposes of this
Section in excess of the total fiscal | |||||||||||||
16 | year 1994 Road Fund
appropriations to
the Secretary of State | |||||||||||||
17 | for those purposes. It shall not be lawful to
circumvent this | |||||||||||||
18 | limitation on appropriations by governmental reorganization
or | |||||||||||||
19 | other methods. | |||||||||||||
20 | Beginning with fiscal year 2000, total Road Fund | |||||||||||||
21 | appropriations to the
Secretary of State for the purposes of | |||||||||||||
22 | this Section shall not exceed the
amounts specified for the | |||||||||||||
23 | following fiscal years: | |||||||||||||
|
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
8 | For fiscal year 2010, no road fund moneys shall be | |||||||||||||||||||||||||||||
9 | appropriated to the Secretary of State. | |||||||||||||||||||||||||||||
10 | Beginning in fiscal year 2011, moneys in the Road Fund | |||||||||||||||||||||||||||||
11 | shall be appropriated to the Secretary of State for the | |||||||||||||||||||||||||||||
12 | exclusive purpose of paying refunds due to overpayment of fees | |||||||||||||||||||||||||||||
13 | related to Chapter 3 of the Illinois Vehicle Code unless | |||||||||||||||||||||||||||||
14 | otherwise provided for by law. | |||||||||||||||||||||||||||||
15 | It shall not be lawful to circumvent this limitation on | |||||||||||||||||||||||||||||
16 | appropriations by
governmental reorganization or other | |||||||||||||||||||||||||||||
17 | methods. | |||||||||||||||||||||||||||||
18 | No new program may be initiated in fiscal year 1991 and
| |||||||||||||||||||||||||||||
19 | thereafter that is not consistent with the limitations imposed | |||||||||||||||||||||||||||||
20 | by this
Section for fiscal year 1984 and thereafter, insofar | |||||||||||||||||||||||||||||
21 | as appropriation of
Road Fund monies is concerned. | |||||||||||||||||||||||||||||
22 | Nothing in this Section prohibits transfers from the Road | |||||||||||||||||||||||||||||
23 | Fund to the
State Construction Account Fund under Section 5e | |||||||||||||||||||||||||||||
24 | of this Act; nor to the
General Revenue Fund, as authorized by | |||||||||||||||||||||||||||||
25 | Public Act 93-25. | |||||||||||||||||||||||||||||
26 | The additional amounts authorized for expenditure in this |
| |||||||
| |||||||
1 | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
| ||||||
2 | shall be repaid to the Road Fund
from the General Revenue Fund | ||||||
3 | in the next succeeding fiscal year that the
General Revenue | ||||||
4 | Fund has a positive budgetary balance, as determined by
| ||||||
5 | generally accepted accounting principles applicable to | ||||||
6 | government. | ||||||
7 | The additional amounts authorized for expenditure by the | ||||||
8 | Secretary of State
and
the Department of State Police in this | ||||||
9 | Section by Public Act 94-91 shall be repaid to the Road Fund | ||||||
10 | from the General Revenue Fund in the
next
succeeding fiscal | ||||||
11 | year that the General Revenue Fund has a positive budgetary
| ||||||
12 | balance,
as determined by generally accepted accounting | ||||||
13 | principles applicable to
government. | ||||||
14 | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||||||
15 | 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; revised | ||||||
16 | 10-15-21.)
| ||||||
17 | (30 ILCS 105/25) (from Ch. 127, par. 161)
| ||||||
18 | Sec. 25. Fiscal year limitations.
| ||||||
19 | (a) All appropriations shall be
available for expenditure | ||||||
20 | for the fiscal year or for a lesser period if the
Act making | ||||||
21 | that appropriation so specifies. A deficiency or emergency
| ||||||
22 | appropriation shall be available for expenditure only through | ||||||
23 | June 30 of
the year when the Act making that appropriation is | ||||||
24 | enacted unless that Act
otherwise provides.
| ||||||
25 | (b) Outstanding liabilities as of June 30, payable from |
| |||||||
| |||||||
1 | appropriations
which have otherwise expired, may be paid out | ||||||
2 | of the expiring
appropriations during the 2-month period | ||||||
3 | ending at the
close of business on August 31. Any service | ||||||
4 | involving
professional or artistic skills or any personal | ||||||
5 | services by an employee whose
compensation is subject to | ||||||
6 | income tax withholding must be performed as of June
30 of the | ||||||
7 | fiscal year in order to be considered an "outstanding | ||||||
8 | liability as of
June 30" that is thereby eligible for payment | ||||||
9 | out of the expiring
appropriation.
| ||||||
10 | (b-1) However, payment of tuition reimbursement claims | ||||||
11 | under Section 14-7.03 or
18-3 of the School Code may be made by | ||||||
12 | the State Board of Education from its
appropriations for those | ||||||
13 | respective purposes for any fiscal year, even though
the | ||||||
14 | claims reimbursed by the payment may be claims attributable to | ||||||
15 | a prior
fiscal year, and payments may be made at the direction | ||||||
16 | of the State
Superintendent of Education from the fund from | ||||||
17 | which the appropriation is made
without regard to any fiscal | ||||||
18 | year limitations, except as required by subsection (j) of this | ||||||
19 | Section. Beginning on June 30, 2021, payment of tuition | ||||||
20 | reimbursement claims under Section 14-7.03 or 18-3 of the | ||||||
21 | School Code as of June 30, payable from appropriations that | ||||||
22 | have otherwise expired, may be paid out of the expiring | ||||||
23 | appropriation during the 4-month period ending at the close of | ||||||
24 | business on October 31.
| ||||||
25 | (b-2) (Blank). | ||||||
26 | (b-2.5) (Blank). |
| |||||||
| |||||||
1 | (b-2.6) (Blank). | ||||||
2 | (b-2.6a) (Blank). | ||||||
3 | (b-2.6b) (Blank). | ||||||
4 | (b-2.6c) (Blank). | ||||||
5 | (b-2.6d) All outstanding liabilities as of June 30, 2020, | ||||||
6 | payable from appropriations that would otherwise expire at the | ||||||
7 | conclusion of the lapse period for fiscal year 2020, and | ||||||
8 | interest penalties payable on those liabilities under the | ||||||
9 | State Prompt Payment Act, may be paid out of the expiring | ||||||
10 | appropriations until December 31, 2020, without regard to the | ||||||
11 | fiscal year in which the payment is made, as long as vouchers | ||||||
12 | for the liabilities are received by the Comptroller no later | ||||||
13 | than September 30, 2020. | ||||||
14 | (b-2.6e) All outstanding liabilities as of June 30, 2021, | ||||||
15 | payable from appropriations that would otherwise expire at the | ||||||
16 | conclusion of the lapse period for fiscal year 2021, and | ||||||
17 | interest penalties payable on those liabilities under the | ||||||
18 | State Prompt Payment Act, may be paid out of the expiring | ||||||
19 | appropriations until September 30, 2021, without regard to the | ||||||
20 | fiscal year in which the payment is made. | ||||||
21 | (b-2.7) For fiscal years 2012, 2013, 2014, 2018, 2019, | ||||||
22 | 2020, 2021, and 2022, interest penalties payable under the | ||||||
23 | State Prompt Payment Act associated with a voucher for which | ||||||
24 | payment is issued after June 30 may be paid out of the next | ||||||
25 | fiscal year's appropriation. The future year appropriation | ||||||
26 | must be for the same purpose and from the same fund as the |
| |||||||
| |||||||
1 | original payment. An interest penalty voucher submitted | ||||||
2 | against a future year appropriation must be submitted within | ||||||
3 | 60 days after the issuance of the associated voucher, except | ||||||
4 | that, for fiscal year 2018 only, an interest penalty voucher | ||||||
5 | submitted against a future year appropriation must be | ||||||
6 | submitted within 60 days of June 5, 2019 (the effective date of | ||||||
7 | Public Act 101-10). The Comptroller must issue the interest | ||||||
8 | payment within 60 days after acceptance of the interest | ||||||
9 | voucher. | ||||||
10 | (b-3) Medical payments may be made by the Department of | ||||||
11 | Veterans' Affairs from
its
appropriations for those purposes | ||||||
12 | for any fiscal year, without regard to the
fact that the | ||||||
13 | medical services being compensated for by such payment may | ||||||
14 | have
been rendered in a prior fiscal year, except as required | ||||||
15 | by subsection (j) of this Section. Beginning on June 30, 2021, | ||||||
16 | medical payments payable from appropriations that have | ||||||
17 | otherwise expired may be paid out of the expiring | ||||||
18 | appropriation during the 4-month period ending at the close of | ||||||
19 | business on October 31.
| ||||||
20 | (b-4) Medical payments and child care
payments may be made | ||||||
21 | by the Department of
Human Services (as successor to the | ||||||
22 | Department of Public Aid) from
appropriations for those | ||||||
23 | purposes for any fiscal year,
without regard to the fact that | ||||||
24 | the medical or child care services being
compensated for by | ||||||
25 | such payment may have been rendered in a prior fiscal
year; and | ||||||
26 | payments may be made at the direction of the Department of
|
| |||||||
| |||||||
1 | Healthcare and Family Services (or successor agency) from the | ||||||
2 | Health Insurance Reserve Fund without regard to any fiscal
| ||||||
3 | year limitations, except as required by subsection (j) of this | ||||||
4 | Section. Beginning on June 30, 2021, medical and child care | ||||||
5 | payments made by the Department of Human Services and payments | ||||||
6 | made at the discretion of the Department of Healthcare and | ||||||
7 | Family Services (or successor agency) from the Health | ||||||
8 | Insurance Reserve Fund and payable from appropriations that | ||||||
9 | have otherwise expired may be paid out of the expiring | ||||||
10 | appropriation during the 4-month period ending at the close of | ||||||
11 | business on October 31.
| ||||||
12 | (b-5) Medical payments may be made by the Department of | ||||||
13 | Human Services from its appropriations relating to substance | ||||||
14 | abuse treatment services for any fiscal year, without regard | ||||||
15 | to the fact that the medical services being compensated for by | ||||||
16 | such payment may have been rendered in a prior fiscal year, | ||||||
17 | provided the payments are made on a fee-for-service basis | ||||||
18 | consistent with requirements established for Medicaid | ||||||
19 | reimbursement by the Department of Healthcare and Family | ||||||
20 | Services, except as required by subsection (j) of this | ||||||
21 | Section. Beginning on June 30, 2021, medical payments made by | ||||||
22 | the Department of Human Services relating to substance abuse | ||||||
23 | treatment services payable from appropriations that have | ||||||
24 | otherwise expired may be paid out of the expiring | ||||||
25 | appropriation during the 4-month period ending at the close of | ||||||
26 | business on October 31. |
| |||||||
| |||||||
1 | (b-6) (Blank).
| ||||||
2 | (b-7) Payments may be made in accordance with a plan | ||||||
3 | authorized by paragraph (11) or (12) of Section 405-105 of the | ||||||
4 | Department of Central Management Services Law from | ||||||
5 | appropriations for those payments without regard to fiscal | ||||||
6 | year limitations. | ||||||
7 | (b-8) Reimbursements to eligible airport sponsors for the | ||||||
8 | construction or upgrading of Automated Weather Observation | ||||||
9 | Systems may be made by the Department of Transportation from | ||||||
10 | appropriations for those purposes for any fiscal year, without | ||||||
11 | regard to the fact that the qualification or obligation may | ||||||
12 | have occurred in a prior fiscal year, provided that at the time | ||||||
13 | the expenditure was made the project had been approved by the | ||||||
14 | Department of Transportation prior to June 1, 2012 and, as a | ||||||
15 | result of recent changes in federal funding formulas, can no | ||||||
16 | longer receive federal reimbursement. | ||||||
17 | (b-9) (Blank). | ||||||
18 | (c) Further, payments may be made by the Department of | ||||||
19 | Public Health and the
Department of Human Services (acting as | ||||||
20 | successor to the Department of Public
Health under the | ||||||
21 | Department of Human Services Act)
from their respective | ||||||
22 | appropriations for grants for medical care to or on
behalf of | ||||||
23 | premature and high-mortality risk infants and their mothers | ||||||
24 | and
for grants for supplemental food supplies provided under | ||||||
25 | the United States
Department of Agriculture Women, Infants and | ||||||
26 | Children Nutrition Program,
for any fiscal year without regard |
| |||||||
| |||||||
1 | to the fact that the services being
compensated for by such | ||||||
2 | payment may have been rendered in a prior fiscal year, except | ||||||
3 | as required by subsection (j) of this Section. Beginning on | ||||||
4 | June 30, 2021, payments made by the Department of Public | ||||||
5 | Health and the Department of Human Services from their | ||||||
6 | respective appropriations for grants for medical care to or on | ||||||
7 | behalf of premature and high-mortality risk infants and their | ||||||
8 | mothers and for grants for supplemental food supplies provided | ||||||
9 | under the United States Department of Agriculture Women, | ||||||
10 | Infants and Children Nutrition Program payable from | ||||||
11 | appropriations that have otherwise expired may be paid out of | ||||||
12 | the expiring appropriations during the 4-month period ending | ||||||
13 | at the close of business on October 31.
| ||||||
14 | (d) The Department of Public Health and the Department of | ||||||
15 | Human Services
(acting as successor to the Department of | ||||||
16 | Public Health under the Department of
Human Services Act) | ||||||
17 | shall each annually submit to the State Comptroller, Senate
| ||||||
18 | President, Senate
Minority Leader, Speaker of the House, House | ||||||
19 | Minority Leader, and the
respective Chairmen and Minority | ||||||
20 | Spokesmen of the
Appropriations Committees of the Senate and | ||||||
21 | the House, on or before
December 31, a report of fiscal year | ||||||
22 | funds used to pay for services
provided in any prior fiscal | ||||||
23 | year. This report shall document by program or
service | ||||||
24 | category those expenditures from the most recently completed | ||||||
25 | fiscal
year used to pay for services provided in prior fiscal | ||||||
26 | years.
|
| |||||||
| |||||||
1 | (e) The Department of Healthcare and Family Services, the | ||||||
2 | Department of Human Services
(acting as successor to the | ||||||
3 | Department of Public Aid), and the Department of Human | ||||||
4 | Services making fee-for-service payments relating to substance | ||||||
5 | abuse treatment services provided during a previous fiscal | ||||||
6 | year shall each annually
submit to the State
Comptroller, | ||||||
7 | Senate President, Senate Minority Leader, Speaker of the | ||||||
8 | House,
House Minority Leader, the respective Chairmen and | ||||||
9 | Minority Spokesmen of the
Appropriations Committees of the | ||||||
10 | Senate and the House, on or before November
30, a report that | ||||||
11 | shall document by program or service category those
| ||||||
12 | expenditures from the most recently completed fiscal year used | ||||||
13 | to pay for (i)
services provided in prior fiscal years and (ii) | ||||||
14 | services for which claims were
received in prior fiscal years.
| ||||||
15 | (f) The Department of Human Services (as successor to the | ||||||
16 | Department of
Public Aid) shall annually submit to the State
| ||||||
17 | Comptroller, Senate President, Senate Minority Leader, Speaker | ||||||
18 | of the House,
House Minority Leader, and the respective | ||||||
19 | Chairmen and Minority Spokesmen of
the Appropriations | ||||||
20 | Committees of the Senate and the House, on or before
December | ||||||
21 | 31, a report
of fiscal year funds used to pay for services | ||||||
22 | (other than medical care)
provided in any prior fiscal year. | ||||||
23 | This report shall document by program or
service category | ||||||
24 | those expenditures from the most recently completed fiscal
| ||||||
25 | year used to pay for services provided in prior fiscal years.
| ||||||
26 | (g) In addition, each annual report required to be |
| |||||||
| |||||||
1 | submitted by the
Department of Healthcare and Family Services | ||||||
2 | under subsection (e) shall include the following
information | ||||||
3 | with respect to the State's Medicaid program:
| ||||||
4 | (1) Explanations of the exact causes of the variance | ||||||
5 | between the previous
year's estimated and actual | ||||||
6 | liabilities.
| ||||||
7 | (2) Factors affecting the Department of Healthcare and | ||||||
8 | Family Services' liabilities,
including, but not limited | ||||||
9 | to, numbers of aid recipients, levels of medical
service | ||||||
10 | utilization by aid recipients, and inflation in the cost | ||||||
11 | of medical
services.
| ||||||
12 | (3) The results of the Department's efforts to combat | ||||||
13 | fraud and abuse.
| ||||||
14 | (h) As provided in Section 4 of the General Assembly | ||||||
15 | Compensation Act,
any utility bill for service provided to a | ||||||
16 | General Assembly
member's district office for a period | ||||||
17 | including portions of 2 consecutive
fiscal years may be paid | ||||||
18 | from funds appropriated for such expenditure in
either fiscal | ||||||
19 | year.
| ||||||
20 | (i) An agency which administers a fund classified by the | ||||||
21 | Comptroller as an
internal service fund may issue rules for:
| ||||||
22 | (1) billing user agencies in advance for payments or | ||||||
23 | authorized inter-fund transfers
based on estimated charges | ||||||
24 | for goods or services;
| ||||||
25 | (2) issuing credits, refunding through inter-fund | ||||||
26 | transfers, or reducing future inter-fund transfers
during
|
| |||||||
| |||||||
1 | the subsequent fiscal year for all user agency payments or | ||||||
2 | authorized inter-fund transfers received during the
prior | ||||||
3 | fiscal year which were in excess of the final amounts owed | ||||||
4 | by the user
agency for that period; and
| ||||||
5 | (3) issuing catch-up billings to user agencies
during | ||||||
6 | the subsequent fiscal year for amounts remaining due when | ||||||
7 | payments or authorized inter-fund transfers
received from | ||||||
8 | the user agency during the prior fiscal year were less | ||||||
9 | than the
total amount owed for that period.
| ||||||
10 | User agencies are authorized to reimburse internal service | ||||||
11 | funds for catch-up
billings by vouchers drawn against their | ||||||
12 | respective appropriations for the
fiscal year in which the | ||||||
13 | catch-up billing was issued or by increasing an authorized | ||||||
14 | inter-fund transfer during the current fiscal year. For the | ||||||
15 | purposes of this Act, "inter-fund transfers" means transfers | ||||||
16 | without the use of the voucher-warrant process, as authorized | ||||||
17 | by Section 9.01 of the State Comptroller Act.
| ||||||
18 | (i-1) Beginning on July 1, 2021, all outstanding | ||||||
19 | liabilities, not payable during the 4-month lapse period as | ||||||
20 | described in subsections (b-1), (b-3), (b-4), (b-5), and (c) | ||||||
21 | of this Section, that are made from appropriations for that | ||||||
22 | purpose for any fiscal year, without regard to the fact that | ||||||
23 | the services being compensated for by those payments may have | ||||||
24 | been rendered in a prior fiscal year, are limited to only those | ||||||
25 | claims that have been incurred but for which a proper bill or | ||||||
26 | invoice as defined by the State Prompt Payment Act has not been |
| |||||||
| |||||||
1 | received by September 30th following the end of the fiscal | ||||||
2 | year in which the service was rendered. | ||||||
3 | (j) Notwithstanding any other provision of this Act, the | ||||||
4 | aggregate amount of payments to be made without regard for | ||||||
5 | fiscal year limitations as contained in subsections (b-1), | ||||||
6 | (b-3), (b-4), (b-5), and (c) of this Section, and determined | ||||||
7 | by using Generally Accepted Accounting Principles, shall not | ||||||
8 | exceed the following amounts: | ||||||
9 | (1) $6,000,000,000 for outstanding liabilities related | ||||||
10 | to fiscal year 2012; | ||||||
11 | (2) $5,300,000,000 for outstanding liabilities related | ||||||
12 | to fiscal year 2013; | ||||||
13 | (3) $4,600,000,000 for outstanding liabilities related | ||||||
14 | to fiscal year 2014; | ||||||
15 | (4) $4,000,000,000 for outstanding liabilities related | ||||||
16 | to fiscal year 2015; | ||||||
17 | (5) $3,300,000,000 for outstanding liabilities related | ||||||
18 | to fiscal year 2016; | ||||||
19 | (6) $2,600,000,000 for outstanding liabilities related | ||||||
20 | to fiscal year 2017; | ||||||
21 | (7) $2,000,000,000 for outstanding liabilities related | ||||||
22 | to fiscal year 2018; | ||||||
23 | (8) $1,300,000,000 for outstanding liabilities related | ||||||
24 | to fiscal year 2019; | ||||||
25 | (9) $600,000,000 for outstanding liabilities related | ||||||
26 | to fiscal year 2020; and |
| |||||||
| |||||||
1 | (10) $0 for outstanding liabilities related to fiscal | ||||||
2 | year 2021 and fiscal years thereafter. | ||||||
3 | (k) Department of Healthcare and Family Services Medical | ||||||
4 | Assistance Payments. | ||||||
5 | (1) Definition of Medical Assistance. | ||||||
6 | For purposes of this subsection, the term "Medical | ||||||
7 | Assistance" shall include, but not necessarily be | ||||||
8 | limited to, medical programs and services authorized | ||||||
9 | under Titles XIX and XXI of the Social Security Act, | ||||||
10 | the Illinois Public Aid Code, the Children's Health | ||||||
11 | Insurance Program Act, the Covering ALL KIDS Health | ||||||
12 | Insurance Act, the Long Term Acute Care Hospital | ||||||
13 | Quality Improvement Transfer Program Act, and medical | ||||||
14 | care to or on behalf of persons suffering from chronic | ||||||
15 | renal disease, persons suffering from hemophilia, and | ||||||
16 | victims of sexual assault. | ||||||
17 | (2) Limitations on Medical Assistance payments that | ||||||
18 | may be paid from future fiscal year appropriations. | ||||||
19 | (A) The maximum amounts of annual unpaid Medical | ||||||
20 | Assistance bills received and recorded by the | ||||||
21 | Department of Healthcare and Family Services on or | ||||||
22 | before June 30th of a particular fiscal year | ||||||
23 | attributable in aggregate to the General Revenue Fund, | ||||||
24 | Healthcare Provider Relief Fund, Tobacco Settlement | ||||||
25 | Recovery Fund, Long-Term Care Provider Fund, and the | ||||||
26 | Drug Rebate Fund that may be paid in total by the |
| |||||||
| |||||||
1 | Department from future fiscal year Medical Assistance | ||||||
2 | appropriations to those funds are:
$700,000,000 for | ||||||
3 | fiscal year 2013 and $100,000,000 for fiscal year 2014 | ||||||
4 | and each fiscal year thereafter. | ||||||
5 | (B) Bills for Medical Assistance services rendered | ||||||
6 | in a particular fiscal year, but received and recorded | ||||||
7 | by the Department of Healthcare and Family Services | ||||||
8 | after June 30th of that fiscal year, may be paid from | ||||||
9 | either appropriations for that fiscal year or future | ||||||
10 | fiscal year appropriations for Medical Assistance. | ||||||
11 | Such payments shall not be subject to the requirements | ||||||
12 | of subparagraph (A). | ||||||
13 | (C) Medical Assistance bills received by the | ||||||
14 | Department of Healthcare and Family Services in a | ||||||
15 | particular fiscal year, but subject to payment amount | ||||||
16 | adjustments in a future fiscal year may be paid from a | ||||||
17 | future fiscal year's appropriation for Medical | ||||||
18 | Assistance. Such payments shall not be subject to the | ||||||
19 | requirements of subparagraph (A). | ||||||
20 | (D) Medical Assistance payments made by the | ||||||
21 | Department of Healthcare and Family Services from | ||||||
22 | funds other than those specifically referenced in | ||||||
23 | subparagraph (A) may be made from appropriations for | ||||||
24 | those purposes for any fiscal year without regard to | ||||||
25 | the fact that the Medical Assistance services being | ||||||
26 | compensated for by such payment may have been rendered |
| |||||||
| |||||||
1 | in a prior fiscal year. Such payments shall not be | ||||||
2 | subject to the requirements of subparagraph (A). | ||||||
3 | (3) Extended lapse period for Department of Healthcare | ||||||
4 | and Family Services Medical Assistance payments. | ||||||
5 | Notwithstanding any other State law to the contrary, | ||||||
6 | outstanding Department of Healthcare and Family Services | ||||||
7 | Medical Assistance liabilities, as of June 30th, payable | ||||||
8 | from appropriations which have otherwise expired, may be | ||||||
9 | paid out of the expiring appropriations during the 4-month | ||||||
10 | period ending at the close of business on October 31st. | ||||||
11 | (l) The changes to this Section made by Public Act 97-691 | ||||||
12 | shall be effective for payment of Medical Assistance bills | ||||||
13 | incurred in fiscal year 2013 and future fiscal years. The | ||||||
14 | changes to this Section made by Public Act 97-691 shall not be | ||||||
15 | applied to Medical Assistance bills incurred in fiscal year | ||||||
16 | 2012 or prior fiscal years. | ||||||
17 | (m) The Comptroller must issue payments against | ||||||
18 | outstanding liabilities that were received prior to the lapse | ||||||
19 | period deadlines set forth in this Section as soon thereafter | ||||||
20 | as practical, but no payment may be issued after the 4 months | ||||||
21 | following the lapse period deadline without the signed | ||||||
22 | authorization of the Comptroller and the Governor. | ||||||
23 | (Source: P.A. 101-10, eff. 6-5-19; 101-275, eff. 8-9-19; | ||||||
24 | 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-291, eff. | ||||||
25 | 8-6-21; revised 9-28-21.)
|
| |||||||
| |||||||
1 | Section 220. The Illinois Procurement Code is amended by | ||||||
2 | changing Section 1-10 as follows:
| ||||||
3 | (30 ILCS 500/1-10)
| ||||||
4 | Sec. 1-10. Application.
| ||||||
5 | (a) This Code applies only to procurements for which | ||||||
6 | bidders, offerors, potential contractors, or contractors were | ||||||
7 | first
solicited on or after July 1, 1998. This Code shall not | ||||||
8 | be construed to affect
or impair any contract, or any | ||||||
9 | provision of a contract, entered into based on a
solicitation | ||||||
10 | prior to the implementation date of this Code as described in
| ||||||
11 | Article 99, including, but not limited to, any covenant | ||||||
12 | entered into with respect
to any revenue bonds or similar | ||||||
13 | instruments.
All procurements for which contracts are | ||||||
14 | solicited between the effective date
of Articles 50 and 99 and | ||||||
15 | July 1, 1998 shall be substantially in accordance
with this | ||||||
16 | Code and its intent.
| ||||||
17 | (b) This Code shall apply regardless of the source of the | ||||||
18 | funds with which
the contracts are paid, including federal | ||||||
19 | assistance moneys. This
Code shall
not apply to:
| ||||||
20 | (1) Contracts between the State and its political | ||||||
21 | subdivisions or other
governments, or between State | ||||||
22 | governmental bodies, except as specifically provided in | ||||||
23 | this Code.
| ||||||
24 | (2) Grants, except for the filing requirements of | ||||||
25 | Section 20-80.
|
| |||||||
| |||||||
1 | (3) Purchase of care, except as provided in Section | ||||||
2 | 5-30.6 of the Illinois Public Aid
Code and this Section.
| ||||||
3 | (4) Hiring of an individual as an employee and not as | ||||||
4 | an independent
contractor, whether pursuant to an | ||||||
5 | employment code or policy or by contract
directly with | ||||||
6 | that individual.
| ||||||
7 | (5) Collective bargaining contracts.
| ||||||
8 | (6) Purchase of real estate, except that notice of | ||||||
9 | this type of contract with a value of more than $25,000 | ||||||
10 | must be published in the Procurement Bulletin within 10 | ||||||
11 | calendar days after the deed is recorded in the county of | ||||||
12 | jurisdiction. The notice shall identify the real estate | ||||||
13 | purchased, the names of all parties to the contract, the | ||||||
14 | value of the contract, and the effective date of the | ||||||
15 | contract.
| ||||||
16 | (7) Contracts necessary to prepare for anticipated | ||||||
17 | litigation, enforcement
actions, or investigations, | ||||||
18 | provided
that the chief legal counsel to the Governor | ||||||
19 | shall give his or her prior
approval when the procuring | ||||||
20 | agency is one subject to the jurisdiction of the
Governor, | ||||||
21 | and provided that the chief legal counsel of any other | ||||||
22 | procuring
entity
subject to this Code shall give his or | ||||||
23 | her prior approval when the procuring
entity is not one | ||||||
24 | subject to the jurisdiction of the Governor.
| ||||||
25 | (8) (Blank).
| ||||||
26 | (9) Procurement expenditures by the Illinois |
| |||||||
| |||||||
1 | Conservation Foundation
when only private funds are used.
| ||||||
2 | (10) (Blank). | ||||||
3 | (11) Public-private agreements entered into according | ||||||
4 | to the procurement requirements of Section 20 of the | ||||||
5 | Public-Private Partnerships for Transportation Act and | ||||||
6 | design-build agreements entered into according to the | ||||||
7 | procurement requirements of Section 25 of the | ||||||
8 | Public-Private Partnerships for Transportation Act. | ||||||
9 | (12) (A) Contracts for legal, financial, and other | ||||||
10 | professional and artistic services entered into by the | ||||||
11 | Illinois Finance Authority in which the State of Illinois | ||||||
12 | is not obligated. Such contracts shall be awarded through | ||||||
13 | a competitive process authorized by the members of the | ||||||
14 | Illinois Finance Authority and are subject to Sections | ||||||
15 | 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, | ||||||
16 | as well as the final approval by the members of the | ||||||
17 | Illinois Finance Authority of the terms of the contract. | ||||||
18 | (B) Contracts for legal and financial services entered | ||||||
19 | into by the Illinois Housing Development Authority in | ||||||
20 | connection with the issuance of bonds in which the State | ||||||
21 | of Illinois is not obligated. Such contracts shall be | ||||||
22 | awarded through a competitive process authorized by the | ||||||
23 | members of the Illinois Housing Development Authority and | ||||||
24 | are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, | ||||||
25 | and 50-37 of this Code, as well as the final approval by | ||||||
26 | the members of the Illinois Housing Development Authority |
| |||||||
| |||||||
1 | of the terms of the contract. | ||||||
2 | (13) Contracts for services, commodities, and | ||||||
3 | equipment to support the delivery of timely forensic | ||||||
4 | science services in consultation with and subject to the | ||||||
5 | approval of the Chief Procurement Officer as provided in | ||||||
6 | subsection (d) of Section 5-4-3a of the Unified Code of | ||||||
7 | Corrections, except for the requirements of Sections | ||||||
8 | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this | ||||||
9 | Code; however, the Chief Procurement Officer may, in | ||||||
10 | writing with justification, waive any certification | ||||||
11 | required under Article 50 of this Code. For any contracts | ||||||
12 | for services which are currently provided by members of a | ||||||
13 | collective bargaining agreement, the applicable terms of | ||||||
14 | the collective bargaining agreement concerning | ||||||
15 | subcontracting shall be followed. | ||||||
16 | On and after January 1, 2019, this paragraph (13), | ||||||
17 | except for this sentence, is inoperative. | ||||||
18 | (14) Contracts for participation expenditures required | ||||||
19 | by a domestic or international trade show or exhibition of | ||||||
20 | an exhibitor, member, or sponsor. | ||||||
21 | (15) Contracts with a railroad or utility that | ||||||
22 | requires the State to reimburse the railroad or utilities | ||||||
23 | for the relocation of utilities for construction or other | ||||||
24 | public purpose. Contracts included within this paragraph | ||||||
25 | (15) shall include, but not be limited to, those | ||||||
26 | associated with: relocations, crossings, installations, |
| |||||||
| |||||||
1 | and maintenance. For the purposes of this paragraph (15), | ||||||
2 | "railroad" means any form of non-highway ground | ||||||
3 | transportation that runs on rails or electromagnetic | ||||||
4 | guideways and "utility" means: (1) public utilities as | ||||||
5 | defined in Section 3-105 of the Public Utilities Act, (2) | ||||||
6 | telecommunications carriers as defined in Section 13-202 | ||||||
7 | of the Public Utilities Act, (3) electric cooperatives as | ||||||
8 | defined in Section 3.4 of the Electric Supplier Act, (4) | ||||||
9 | telephone or telecommunications cooperatives as defined in | ||||||
10 | Section 13-212 of the Public Utilities Act, (5) rural | ||||||
11 | water or waste water systems with 10,000 connections or | ||||||
12 | less, (6) a holder as defined in Section 21-201 of the | ||||||
13 | Public Utilities Act, and (7) municipalities owning or | ||||||
14 | operating utility systems consisting of public utilities | ||||||
15 | as that term is defined in Section 11-117-2 of the | ||||||
16 | Illinois Municipal Code. | ||||||
17 | (16) Procurement expenditures necessary for the | ||||||
18 | Department of Public Health to provide the delivery of | ||||||
19 | timely newborn screening services in accordance with the | ||||||
20 | Newborn Metabolic Screening Act. | ||||||
21 | (17) Procurement expenditures necessary for the | ||||||
22 | Department of Agriculture, the Department of Financial and | ||||||
23 | Professional Regulation, the Department of Human Services, | ||||||
24 | and the Department of Public Health to implement the | ||||||
25 | Compassionate Use of Medical Cannabis Program and Opioid | ||||||
26 | Alternative Pilot Program requirements and ensure access |
| |||||||
| |||||||
1 | to medical cannabis for patients with debilitating medical | ||||||
2 | conditions in accordance with the Compassionate Use of | ||||||
3 | Medical Cannabis Program Act. | ||||||
4 | (18) This Code does not apply to any procurements | ||||||
5 | necessary for the Department of Agriculture, the | ||||||
6 | Department of Financial and Professional Regulation, the | ||||||
7 | Department of Human Services, the Department of Commerce | ||||||
8 | and Economic Opportunity, and the Department of Public | ||||||
9 | Health to implement the Cannabis Regulation and Tax Act if | ||||||
10 | the applicable agency has made a good faith determination | ||||||
11 | that it is necessary and appropriate for the expenditure | ||||||
12 | to fall within this exemption and if the process is | ||||||
13 | conducted in a manner substantially in accordance with the | ||||||
14 | requirements of Sections 20-160, 25-60, 30-22, 50-5, | ||||||
15 | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, | ||||||
16 | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for | ||||||
17 | Section 50-35, compliance applies only to contracts or | ||||||
18 | subcontracts over $100,000. Notice of each contract | ||||||
19 | entered into under this paragraph (18) that is related to | ||||||
20 | the procurement of goods and services identified in | ||||||
21 | paragraph (1) through (9) of this subsection shall be | ||||||
22 | published in the Procurement Bulletin within 14 calendar | ||||||
23 | days after contract execution. The Chief Procurement | ||||||
24 | Officer shall prescribe the form and content of the | ||||||
25 | notice. Each agency shall provide the Chief Procurement | ||||||
26 | Officer, on a monthly basis, in the form and content |
| |||||||
| |||||||
1 | prescribed by the Chief Procurement Officer, a report of | ||||||
2 | contracts that are related to the procurement of goods and | ||||||
3 | services identified in this subsection. At a minimum, this | ||||||
4 | report shall include the name of the contractor, a | ||||||
5 | description of the supply or service provided, the total | ||||||
6 | amount of the contract, the term of the contract, and the | ||||||
7 | exception to this Code utilized. A copy of any or all of | ||||||
8 | these contracts shall be made available to the Chief | ||||||
9 | Procurement Officer immediately upon request. The Chief | ||||||
10 | Procurement Officer shall submit a report to the Governor | ||||||
11 | and General Assembly no later than November 1 of each year | ||||||
12 | that includes, at a minimum, an annual summary of the | ||||||
13 | monthly information reported to the Chief Procurement | ||||||
14 | Officer. This exemption becomes inoperative 5 years after | ||||||
15 | June 25, 2019 (the effective date of Public Act 101-27). | ||||||
16 | (19) Acquisition of modifications or adjustments, | ||||||
17 | limited to assistive technology devices and assistive | ||||||
18 | technology services, adaptive equipment, repairs, and | ||||||
19 | replacement parts to provide reasonable accommodations (i) | ||||||
20 | that enable a qualified applicant with a disability to | ||||||
21 | complete the job application process and be considered for | ||||||
22 | the position such qualified applicant desires, (ii) that | ||||||
23 | modify or adjust the work environment to enable a | ||||||
24 | qualified current employee with a disability to perform | ||||||
25 | the essential functions of the position held by that | ||||||
26 | employee, (iii) to enable a qualified current employee |
| |||||||
| |||||||
1 | with a disability to enjoy equal benefits and privileges | ||||||
2 | of employment as are enjoyed by its other similarly | ||||||
3 | situated employees without disabilities, and (iv) that | ||||||
4 | allow a customer, client, claimant , or member of the | ||||||
5 | public seeking State services full use and enjoyment of | ||||||
6 | and access to its programs, services, or benefits. | ||||||
7 | For purposes of this paragraph (19): | ||||||
8 | "Assistive technology devices" means any item, piece | ||||||
9 | of equipment, or product system, whether acquired | ||||||
10 | commercially off the shelf, modified, or customized, that | ||||||
11 | is used to increase, maintain, or improve functional | ||||||
12 | capabilities of individuals with disabilities. | ||||||
13 | "Assistive technology services" means any service that | ||||||
14 | directly assists an individual with a disability in | ||||||
15 | selection, acquisition, or use of an assistive technology | ||||||
16 | device. | ||||||
17 | "Qualified" has the same meaning and use as provided | ||||||
18 | under the federal Americans with Disabilities Act when | ||||||
19 | describing an individual with a disability. | ||||||
20 | (20) (19) Procurement expenditures necessary for the
| ||||||
21 | Illinois Commerce Commission to hire third-party
| ||||||
22 | facilitators pursuant to Sections 16-105.17 and Section
| ||||||
23 | 16-108.18 of the Public Utilities Act or an ombudsman | ||||||
24 | pursuant to Section 16-107.5 of the Public Utilities Act, | ||||||
25 | a facilitator pursuant to Section 16-105.17 of the Public | ||||||
26 | Utilities Act, or a grid auditor pursuant to Section |
| |||||||
| |||||||
1 | 16-105.10 of the Public Utilities Act. | ||||||
2 | Notwithstanding any other provision of law, for contracts | ||||||
3 | entered into on or after October 1, 2017 under an exemption | ||||||
4 | provided in any paragraph of this subsection (b), except | ||||||
5 | paragraph (1), (2), or (5), each State agency shall post to the | ||||||
6 | appropriate procurement bulletin the name of the contractor, a | ||||||
7 | description of the supply or service provided, the total | ||||||
8 | amount of the contract, the term of the contract, and the | ||||||
9 | exception to the Code utilized. The chief procurement officer | ||||||
10 | shall submit a report to the Governor and General Assembly no | ||||||
11 | later than November 1 of each year that shall include, at a | ||||||
12 | minimum, an annual summary of the monthly information reported | ||||||
13 | to the chief procurement officer. | ||||||
14 | (c) This Code does not apply to the electric power | ||||||
15 | procurement process provided for under Section 1-75 of the | ||||||
16 | Illinois Power Agency Act and Section 16-111.5 of the Public | ||||||
17 | Utilities Act. | ||||||
18 | (d) Except for Section 20-160 and Article 50 of this Code, | ||||||
19 | and as expressly required by Section 9.1 of the Illinois | ||||||
20 | Lottery Law, the provisions of this Code do not apply to the | ||||||
21 | procurement process provided for under Section 9.1 of the | ||||||
22 | Illinois Lottery Law. | ||||||
23 | (e) This Code does not apply to the process used by the | ||||||
24 | Capital Development Board to retain a person or entity to | ||||||
25 | assist the Capital Development Board with its duties related | ||||||
26 | to the determination of costs of a clean coal SNG brownfield |
| |||||||
| |||||||
1 | facility, as defined by Section 1-10 of the Illinois Power | ||||||
2 | Agency Act, as required in subsection (h-3) of Section 9-220 | ||||||
3 | of the Public Utilities Act, including calculating the range | ||||||
4 | of capital costs, the range of operating and maintenance | ||||||
5 | costs, or the sequestration costs or monitoring the | ||||||
6 | construction of clean coal SNG brownfield facility for the | ||||||
7 | full duration of construction. | ||||||
8 | (f) (Blank). | ||||||
9 | (g) (Blank). | ||||||
10 | (h) This Code does not apply to the process to procure or | ||||||
11 | contracts entered into in accordance with Sections 11-5.2 and | ||||||
12 | 11-5.3 of the Illinois Public Aid Code. | ||||||
13 | (i) Each chief procurement officer may access records | ||||||
14 | necessary to review whether a contract, purchase, or other | ||||||
15 | expenditure is or is not subject to the provisions of this | ||||||
16 | Code, unless such records would be subject to attorney-client | ||||||
17 | privilege. | ||||||
18 | (j) This Code does not apply to the process used by the | ||||||
19 | Capital Development Board to retain an artist or work or works | ||||||
20 | of art as required in Section 14 of the Capital Development | ||||||
21 | Board Act. | ||||||
22 | (k) This Code does not apply to the process to procure | ||||||
23 | contracts, or contracts entered into, by the State Board of | ||||||
24 | Elections or the State Electoral Board for hearing officers | ||||||
25 | appointed pursuant to the Election Code. | ||||||
26 | (l) This Code does not apply to the processes used by the |
| |||||||
| |||||||
1 | Illinois Student Assistance Commission to procure supplies and | ||||||
2 | services paid for from the private funds of the Illinois | ||||||
3 | Prepaid Tuition Fund. As used in this subsection (l), "private | ||||||
4 | funds" means funds derived from deposits paid into the | ||||||
5 | Illinois Prepaid Tuition Trust Fund and the earnings thereon. | ||||||
6 | (m) This Code shall apply regardless of the source of | ||||||
7 | funds with which contracts are paid, including federal | ||||||
8 | assistance moneys. Except as specifically provided in this | ||||||
9 | Code, this Code shall not apply to procurement expenditures | ||||||
10 | necessary for the Department of Public Health to conduct the | ||||||
11 | Healthy Illinois Survey in accordance with Section 2310-431 of | ||||||
12 | the Department of Public Health Powers and Duties Law of the | ||||||
13 | Civil Administrative Code of Illinois. | ||||||
14 | (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; | ||||||
15 | 101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff | ||||||
16 | 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, | ||||||
17 | eff. 9-15-21; revised 11-23-21.)
| ||||||
18 | Section 225. The State Property Control Act is amended by | ||||||
19 | changing Sections 7b and 7c as follows:
| ||||||
20 | (30 ILCS 605/7b)
| ||||||
21 | Sec. 7b. Maintenance and operation of Illinois State | ||||||
22 | Police vehicles. All proceeds received by the Department
of | ||||||
23 | Central Management Services under this Act from the sale of | ||||||
24 | vehicles
operated
by the Illinois State Police shall be |
| |||||||
| |||||||
1 | deposited
into the State Police Vehicle Fund.
Illinois
| ||||||
2 | (Source: P.A. 101-636, eff. 6-10-20; 102-505, eff. 8-20-21; | ||||||
3 | 102-538, eff. 8-20-21; revised 10-28-21.)
| ||||||
4 | (30 ILCS 605/7c) | ||||||
5 | Sec. 7c. Acquisition of Illinois State Police vehicles. | ||||||
6 | (a) The State Police Vehicle Fund is created as a special | ||||||
7 | fund in the State treasury. All moneys in the Fund, subject to | ||||||
8 | appropriation, shall be used by the Illinois State Police: | ||||||
9 | (1) for the acquisition of vehicles for the Illinois | ||||||
10 | State Police; | ||||||
11 | (2) for debt service on bonds issued to finance the | ||||||
12 | acquisition of vehicles for the Illinois State Police; or
| ||||||
13 | (3) for the maintenance and operation of vehicles for | ||||||
14 | the Illinois State Police. | ||||||
15 | (b) Notwithstanding any other provision of law to the | ||||||
16 | contrary, and in addition to any other transfers that may be | ||||||
17 | provided by law, on August 20, 2021 ( the effective date of | ||||||
18 | Public Act 102-505) this amendatory Act of the 102nd General | ||||||
19 | Assembly , or as soon thereafter as practicable, the State | ||||||
20 | Comptroller shall direct and the State Treasurer shall | ||||||
21 | transfer the remaining balance from the State Police Vehicle | ||||||
22 | Maintenance Fund into the State Police Vehicle Fund. Upon | ||||||
23 | completion of the transfer, the State Police Vehicle | ||||||
24 | Maintenance Fund is dissolved, and any future deposits due to | ||||||
25 | that Fund and any outstanding obligations or liabilities of |
| |||||||
| |||||||
1 | that Fund shall pass to the State Police Vehicle Fund. | ||||||
2 | (Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; | ||||||
3 | revised 11-2-21.) | ||||||
4 | Section 230. The Grant Accountability and Transparency Act | ||||||
5 | is amended by changing Sections 20 and 45 as follows: | ||||||
6 | (30 ILCS 708/20)
| ||||||
7 | Sec. 20. Adoption of federal rules applicable to grants. | ||||||
8 | (a) On or before July 1, 2016, the Governor's Office of | ||||||
9 | Management and Budget, with the advice and technical | ||||||
10 | assistance of the Illinois Single Audit Commission, shall | ||||||
11 | adopt rules which adopt the Uniform Guidance at 2 CFR 200. The | ||||||
12 | rules, which shall apply to all State and federal pass-through | ||||||
13 | awards effective on and after July 1, 2016, shall include the | ||||||
14 | following:
| ||||||
15 | (1) Administrative requirements. In accordance with | ||||||
16 | Subparts B through D of 2 CFR 200, the rules shall set | ||||||
17 | forth the uniform administrative requirements for grant | ||||||
18 | and cooperative agreements, including the requirements for | ||||||
19 | the management by State awarding agencies of federal grant | ||||||
20 | programs before State and federal pass-through awards have | ||||||
21 | been made and requirements that State awarding agencies | ||||||
22 | may impose on non-federal entities in State and federal | ||||||
23 | pass-through awards.
| ||||||
24 | (2) Cost principles. In accordance with Subpart E of 2 |
| |||||||
| |||||||
1 | CFR 200, the rules shall establish principles for | ||||||
2 | determining the allowable costs incurred by non-federal | ||||||
3 | entities under State and federal pass-through awards. The | ||||||
4 | principles are intended for cost determination, but are | ||||||
5 | not intended to identify the circumstances or dictate the | ||||||
6 | extent of State or federal pass-through participation in | ||||||
7 | financing a particular program or project. The principles | ||||||
8 | shall provide that State and federal awards bear their | ||||||
9 | fair share of cost recognized under these principles, | ||||||
10 | except where restricted or prohibited by State or federal | ||||||
11 | law.
| ||||||
12 | (3) Audit and single audit requirements and audit | ||||||
13 | follow-up. In accordance with Subpart F of 2 CFR 200 and | ||||||
14 | the federal Single Audit Act Amendments of 1996, the rules | ||||||
15 | shall set forth standards to obtain consistency and | ||||||
16 | uniformity among State and federal pass-through awarding | ||||||
17 | agencies for the audit of non-federal entities expending | ||||||
18 | State and federal awards. These provisions shall also set | ||||||
19 | forth the policies and procedures for State and federal | ||||||
20 | pass-through entities when using the results of these | ||||||
21 | audits. | ||||||
22 | The provisions of this item (3) do not apply to | ||||||
23 | for-profit subrecipients because for-profit subrecipients | ||||||
24 | are not subject to the requirements of 2 CFR 200, Subpart | ||||||
25 | F, Audits of States, Local and Non-Profit Organizations. | ||||||
26 | Audits of for-profit subrecipients must be conducted |
| |||||||
| |||||||
1 | pursuant to a Program Audit Guide issued by the Federal | ||||||
2 | awarding agency. If a Program Audit Guide is not | ||||||
3 | available, the State awarding agency must prepare a | ||||||
4 | Program Audit Guide in accordance with the 2 CFR 200, | ||||||
5 | Subpart F – Audit Requirements - Compliance Supplement. | ||||||
6 | For-profit entities are subject to all other general | ||||||
7 | administrative requirements and cost principles applicable | ||||||
8 | to grants. | ||||||
9 | (b) This Act addresses only State and federal pass-through | ||||||
10 | auditing functions and does not address the external audit | ||||||
11 | function of the Auditor General. | ||||||
12 | (c) For public institutions of higher education, the | ||||||
13 | provisions of this Section apply only to awards funded by | ||||||
14 | federal pass-through awards from a State agency to public | ||||||
15 | institutions of higher education. Federal pass-through awards | ||||||
16 | from a State agency to public institutions of higher education | ||||||
17 | are governed by and must comply with federal guidelines under | ||||||
18 | 2 CFR 200. | ||||||
19 | (d) The State grant-making agency is responsible for | ||||||
20 | establishing requirements, as necessary, to ensure compliance | ||||||
21 | by for-profit subrecipients. The agreement with the for-profit | ||||||
22 | subrecipient shall describe the applicable compliance | ||||||
23 | requirements and the for-profit subrecipient's compliance | ||||||
24 | responsibility. Methods to ensure compliance for State and | ||||||
25 | federal pass-through awards made to for-profit subrecipients | ||||||
26 | shall include pre-award , audits, monitoring during the |
| |||||||
| |||||||
1 | agreement, and post-award audits. The Governor's Office of | ||||||
2 | Management and Budget shall provide such advice and technical | ||||||
3 | assistance to the State grant-making agency as is necessary or | ||||||
4 | indicated.
| ||||||
5 | (Source: P.A. 102-626, eff. 8-27-21; revised 12-2-21.) | ||||||
6 | (30 ILCS 708/45)
| ||||||
7 | Sec. 45. Applicability.
| ||||||
8 | (a) Except as otherwise provided in this Section, the | ||||||
9 | requirements established under this Act apply to State | ||||||
10 | grant-making agencies that make State and federal pass-through | ||||||
11 | awards to non-federal entities. These requirements apply to | ||||||
12 | all costs related to State and federal pass-through awards.
| ||||||
13 | The requirements established under this Act do not apply to | ||||||
14 | private awards, to allocations of State revenues paid over by | ||||||
15 | the Comptroller to units of local government and other taxing | ||||||
16 | districts pursuant to the State Revenue Sharing Act from the | ||||||
17 | Local Government Distributive Fund or the Personal Property | ||||||
18 | Tax Replacement Fund, or to allotments of State motor fuel tax | ||||||
19 | revenues distributed by the Department of Transportation to | ||||||
20 | units of local government pursuant to the Motor Fuel Tax Law | ||||||
21 | from the Motor Fuel Tax Fund or the Transportation Renewal | ||||||
22 | Fund. | ||||||
23 | (a-5) Nothing in this Act shall prohibit the use of State | ||||||
24 | funds for purposes of federal match or maintenance of effort. | ||||||
25 | (b) The terms and conditions of State, federal, and |
| |||||||
| |||||||
1 | pass-through awards apply to subawards and subrecipients | ||||||
2 | unless a particular Section of this Act or the terms and | ||||||
3 | conditions of the State or federal award specifically indicate | ||||||
4 | otherwise. Non-federal entities shall comply with requirements | ||||||
5 | of this Act regardless of whether the non-federal entity is a | ||||||
6 | recipient or subrecipient of a State or federal pass-through | ||||||
7 | award. Pass-through entities shall comply with the | ||||||
8 | requirements set forth under the rules adopted under | ||||||
9 | subsection (a) of Section 20 of this Act, but not to any | ||||||
10 | requirements in this Act directed towards State or federal | ||||||
11 | awarding agencies, unless the requirements of the State or | ||||||
12 | federal awards indicate otherwise.
| ||||||
13 | When a non-federal entity is awarded a cost-reimbursement | ||||||
14 | contract, only 2 CFR 200.330 through 200.332 are incorporated | ||||||
15 | by reference into the contract. However, when the Cost | ||||||
16 | Accounting Standards are applicable to the contract, they take | ||||||
17 | precedence over the requirements of this Act unless they are | ||||||
18 | in conflict with Subpart F of 2 CFR 200. In addition, costs | ||||||
19 | that are made unallowable under 10 U.S.C. 2324(e) and 41 | ||||||
20 | U.S.C. 4304(a), as described in the Federal Acquisition | ||||||
21 | Regulations, subpart 31.2 and subpart 31.603, are always | ||||||
22 | unallowable. For requirements other than those covered in | ||||||
23 | Subpart D of 2 CFR 200.330 through 200.332, the terms of the | ||||||
24 | contract and the Federal Acquisition Regulations apply.
| ||||||
25 | With the exception of Subpart F of 2 CFR 200, which is | ||||||
26 | required by the Single Audit Act, in any circumstances where |
| |||||||
| |||||||
1 | the provisions of federal statutes or regulations differ from | ||||||
2 | the provisions of this Act, the provision of the federal | ||||||
3 | statutes or regulations govern. This includes, for agreements | ||||||
4 | with Indian tribes, the provisions of the Indian | ||||||
5 | Self-Determination and Education and Assistance Act, as | ||||||
6 | amended, 25 U.S.C. 450-458ddd-2.
| ||||||
7 | (c) State grant-making agencies may apply subparts A | ||||||
8 | through E of 2 CFR 200 to for-profit entities, foreign public | ||||||
9 | entities, or foreign organizations, except where the awarding | ||||||
10 | agency determines that the application of these subparts would | ||||||
11 | be inconsistent with the international obligations of the | ||||||
12 | United States or the statute or regulations of a foreign | ||||||
13 | government.
| ||||||
14 | (d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to | ||||||
15 | different types of awards. The same applicability applies to | ||||||
16 | this Act.
| ||||||
17 | (e) (Blank). | ||||||
18 | (f) For public institutions of higher education, the | ||||||
19 | provisions of this Act apply only to awards funded by federal | ||||||
20 | pass-through awards from a State agency to public institutions | ||||||
21 | of higher education. This Act shall recognize provisions in 2 | ||||||
22 | CFR 200 as applicable to public institutions of higher | ||||||
23 | education, including Appendix III of Part 200 and the cost | ||||||
24 | principles under Subpart E. | ||||||
25 | (g) Each grant-making agency shall enhance its processes | ||||||
26 | to monitor and address noncompliance with reporting |
| |||||||
| |||||||
1 | requirements and with program performance standards. Where | ||||||
2 | applicable, the process may include a corrective action plan. | ||||||
3 | The monitoring process shall include a plan for tracking and | ||||||
4 | documenting performance-based contracting decisions.
| ||||||
5 | (h) Notwithstanding any provision of law to the contrary, | ||||||
6 | grants awarded from federal funds received from the federal | ||||||
7 | Coronavirus State Fiscal Recovery Fund in accordance with | ||||||
8 | Section 9901 of the American Rescue Plan Act of 2021 are | ||||||
9 | subject to the provisions of this Act, but only to the extent | ||||||
10 | required by Section 9901 of the American Rescue Plan Act of | ||||||
11 | 2021 and other applicable federal law or regulation. | ||||||
12 | (Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21; | ||||||
13 | 102-626, eff. 8-27-21; revised 10-27-21.) | ||||||
14 | Section 235. The Intergovernmental Drug Laws Enforcement | ||||||
15 | Act is amended by changing Section 3 as follows:
| ||||||
16 | (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
| ||||||
17 | Sec. 3.
A Metropolitan Enforcement Group which meets the | ||||||
18 | minimum
criteria established in this Section is eligible to | ||||||
19 | receive State grants
to help defray the costs of operation. To | ||||||
20 | be eligible a MEG must:
| ||||||
21 | (1) Be established and operating pursuant to | ||||||
22 | intergovernmental
contracts written and executed in | ||||||
23 | conformity with the Intergovernmental
Cooperation Act, and | ||||||
24 | involve 2 or more units of local government.
|
| |||||||
| |||||||
1 | (2) Establish a MEG Policy Board composed of an | ||||||
2 | elected official, or
his designee, and the chief law | ||||||
3 | enforcement officer, or his designee,
from each | ||||||
4 | participating unit of local government to oversee the
| ||||||
5 | operations of the MEG and make such reports to the | ||||||
6 | Illinois State
Police as the Illinois State
Police may | ||||||
7 | require.
| ||||||
8 | (3) Designate a single appropriate elected official of | ||||||
9 | a
participating unit of local government to act as the | ||||||
10 | financial officer
of the MEG for all participating units | ||||||
11 | of local government and to
receive funds for the operation | ||||||
12 | of the MEG.
| ||||||
13 | (4) Limit its operations to enforcement of drug laws; | ||||||
14 | enforcement of
Sections 10-9, 24-1, 24-1.1, 24-1.2, | ||||||
15 | 24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1,
24-2.2, 24-3, | ||||||
16 | 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8, | ||||||
17 | 24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the
Criminal Code | ||||||
18 | of 2012; Sections 2, 3, 6.1, and 14 of the Firearm Owners | ||||||
19 | Identification Card Act; and the investigation of | ||||||
20 | streetgang related offenses.
| ||||||
21 | (5) Cooperate with the Illinois State Police in order | ||||||
22 | to
assure compliance with this Act and to enable the | ||||||
23 | Illinois State
Police to fulfill
its duties under this | ||||||
24 | Act, and supply the Illinois State
Police with all
| ||||||
25 | information the Illinois State
Police deems necessary | ||||||
26 | therefor.
|
| |||||||
| |||||||
1 | (6) Receive funding of at least 50% of the total | ||||||
2 | operating budget of
the MEG from the participating units | ||||||
3 | of local government.
| ||||||
4 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
5 | revised 10-6-21.)
| ||||||
6 | Section 240. The State Mandates Act is amended by changing | ||||||
7 | Sections 8.43, 8.44, and 8.45 as follows: | ||||||
8 | (30 ILCS 805/8.43) | ||||||
9 | Sec. 8.43. Exempt mandate. | ||||||
10 | (a) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
11 | reimbursement by the State is required for the implementation | ||||||
12 | of any mandate created by Public Act 101-11, 101-49, 101-275, | ||||||
13 | 101-320, 101-377, 101-387, 101-474, 101-492, 101-502, 101-504, | ||||||
14 | 101-522, 101-610, or 101-627 , or 101-673 . | ||||||
15 | (b) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
16 | reimbursement by the State is required for the implementation | ||||||
17 | of any mandate created by the Seizure Smart School Act. | ||||||
18 | (Source: P.A. 101-11, eff. 6-7-19; 101-49, eff. 7-12-19; | ||||||
19 | 101-50, eff. 7-1-20; 101-275, eff. 8-9-19; 101-320, eff. | ||||||
20 | 8-9-19; 101-377, eff. 8-16-19; 101-387, eff. 8-16-19; 101-474, | ||||||
21 | eff. 8-23-19; 101-492, eff. 8-23-19; 101-502, eff. 8-23-19; | ||||||
22 | 101-504, eff. 7-1-20; 101-522, eff. 8-23-19; 101-610, eff. | ||||||
23 | 1-1-20; 101-627, eff. 1-24-20; 101-673, eff. 4-5-21; 102-558, | ||||||
24 | eff. 8-20-21; revised 9-28-21.) |
| |||||||
| |||||||
1 | (30 ILCS 805/8.44) | ||||||
2 | Sec. 8.44. Exempt mandate. | ||||||
3 | (a) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
4 | reimbursement by the State is required for the implementation | ||||||
5 | of any mandate created by Section 4-7 of the Illinois Local | ||||||
6 | Library Act or Section 30-55.60 of the Public Library District | ||||||
7 | Act of 1991.
| ||||||
8 | (b) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
9 | reimbursement by the State is required for the implementation | ||||||
10 | of any mandate created by Public Act 101-633 or 101-653 . | ||||||
11 | (Source: P.A. 101-632, eff. 6-5-20; 101-633, eff. 6-5-20; | ||||||
12 | 101-653, eff. 2-28-21; 102-558, eff. 8-20-21; revised | ||||||
13 | 8-20-21.) | ||||||
14 | (30 ILCS 805/8.45) | ||||||
15 | (Text of Section before amendment by P.A. 102-466 ) | ||||||
16 | Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and | ||||||
17 | 8 of this Act, no reimbursement by the State is required for | ||||||
18 | the implementation of any mandate created by Public Act | ||||||
19 | 102-16, 102-63, 102-81, 102-91, 102-97, 102-113, 102-125, | ||||||
20 | 102-202, 102-210, 102-263, 102-265, 102-293, 102-342, 102-540, | ||||||
21 | 102-552, or 102-636 this amendatory Act of the 102nd General | ||||||
22 | Assembly .
| ||||||
23 | (Source: P.A. 102-16, eff. 6-17-21; 102-63, eff. 7-9-21; | ||||||
24 | 102-81, eff. 7-9-21; 102-91, eff. 7-9-21; 102-97, eff. 1-1-22; |
| |||||||
| |||||||
1 | 102-113, eff. 7-23-21; 102-125, eff. 7-23-21; 102-202, eff. | ||||||
2 | 7-30-21; 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-265, | ||||||
3 | eff. 8-6-21; 102-293, eff. 8-6-21; 102-342, eff. 8-13-21; | ||||||
4 | 102-540, eff. 8-20-21; 102-552, eff. 1-1-22; 102-636, eff. | ||||||
5 | 8-27-21; revised 10-1-21.) | ||||||
6 | (Text of Section after amendment by P.A. 102-466 ) | ||||||
7 | Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and | ||||||
8 | 8 of this Act, no reimbursement by the State is required for | ||||||
9 | the implementation of any mandate created by Public Act | ||||||
10 | 102-16, 102-63, 102-81, 102-91, 102-97, 102-113, 102-125, | ||||||
11 | 102-202, 102-210, 102-263, 102-265, 102-293, 102-342, 102-466, | ||||||
12 | 102-540, 102-552, or 102-636 this amendatory Act of the 102nd | ||||||
13 | General Assembly .
| ||||||
14 | (Source: P.A. 102-16, eff. 6-17-21; 102-63, eff. 7-9-21; | ||||||
15 | 102-81, eff. 7-9-21; 102-91, eff. 7-9-21; 102-97, eff. 1-1-22; | ||||||
16 | 102-113, eff. 7-23-21; 102-125, eff. 7-23-21; 102-202, eff. | ||||||
17 | 7-30-21; 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-265, | ||||||
18 | eff. 8-6-21; 102-293, eff. 8-6-21; 102-342, eff. 8-13-21; | ||||||
19 | 102-466, eff. 7-1-25; 102-540, eff. 8-20-21; 102-552, eff. | ||||||
20 | 1-1-22; 102-636, eff. 8-27-21; revised 10-1-21.) | ||||||
21 | Section 245. The Illinois Income Tax Act is amended by | ||||||
22 | changing Sections 203, 901, and 917 as follows: | ||||||
23 | (35 ILCS 5/203) (from Ch. 120, par. 2-203) |
| |||||||
| |||||||
1 | Sec. 203. Base income defined. | ||||||
2 | (a) Individuals. | ||||||
3 | (1) In general. In the case of an individual, base | ||||||
4 | income means an
amount equal to the taxpayer's adjusted | ||||||
5 | gross income for the taxable
year as modified by paragraph | ||||||
6 | (2). | ||||||
7 | (2) Modifications. The adjusted gross income referred | ||||||
8 | to in
paragraph (1) shall be modified by adding thereto | ||||||
9 | the sum of the
following amounts: | ||||||
10 | (A) An amount equal to all amounts paid or accrued | ||||||
11 | to the taxpayer
as interest or dividends during the | ||||||
12 | taxable year to the extent excluded
from gross income | ||||||
13 | in the computation of adjusted gross income, except | ||||||
14 | stock
dividends of qualified public utilities | ||||||
15 | described in Section 305(e) of the
Internal Revenue | ||||||
16 | Code; | ||||||
17 | (B) An amount equal to the amount of tax imposed by | ||||||
18 | this Act to the
extent deducted from gross income in | ||||||
19 | the computation of adjusted gross
income for the | ||||||
20 | taxable year; | ||||||
21 | (C) An amount equal to the amount received during | ||||||
22 | the taxable year
as a recovery or refund of real | ||||||
23 | property taxes paid with respect to the
taxpayer's | ||||||
24 | principal residence under the Revenue Act of
1939 and | ||||||
25 | for which a deduction was previously taken under | ||||||
26 | subparagraph (L) of
this paragraph (2) prior to July |
| |||||||
| |||||||
1 | 1, 1991, the retrospective application date of
Article | ||||||
2 | 4 of Public Act 87-17. In the case of multi-unit or | ||||||
3 | multi-use
structures and farm dwellings, the taxes on | ||||||
4 | the taxpayer's principal residence
shall be that | ||||||
5 | portion of the total taxes for the entire property | ||||||
6 | which is
attributable to such principal residence; | ||||||
7 | (D) An amount equal to the amount of the capital | ||||||
8 | gain deduction
allowable under the Internal Revenue | ||||||
9 | Code, to the extent deducted from gross
income in the | ||||||
10 | computation of adjusted gross income; | ||||||
11 | (D-5) An amount, to the extent not included in | ||||||
12 | adjusted gross income,
equal to the amount of money | ||||||
13 | withdrawn by the taxpayer in the taxable year from
a | ||||||
14 | medical care savings account and the interest earned | ||||||
15 | on the account in the
taxable year of a withdrawal | ||||||
16 | pursuant to subsection (b) of Section 20 of the
| ||||||
17 | Medical Care Savings Account Act or subsection (b) of | ||||||
18 | Section 20 of the
Medical Care Savings Account Act of | ||||||
19 | 2000; | ||||||
20 | (D-10) For taxable years ending after December 31, | ||||||
21 | 1997, an
amount equal to any eligible remediation | ||||||
22 | costs that the individual
deducted in computing | ||||||
23 | adjusted gross income and for which the
individual | ||||||
24 | claims a credit under subsection (l) of Section 201; | ||||||
25 | (D-15) For taxable years 2001 and thereafter, an | ||||||
26 | amount equal to the
bonus depreciation deduction taken |
| |||||||
| |||||||
1 | on the taxpayer's federal income tax return for the | ||||||
2 | taxable
year under subsection (k) of Section 168 of | ||||||
3 | the Internal Revenue Code; | ||||||
4 | (D-16) If the taxpayer sells, transfers, abandons, | ||||||
5 | or otherwise disposes of property for which the | ||||||
6 | taxpayer was required in any taxable year to
make an | ||||||
7 | addition modification under subparagraph (D-15), then | ||||||
8 | an amount equal
to the aggregate amount of the | ||||||
9 | deductions taken in all taxable
years under | ||||||
10 | subparagraph (Z) with respect to that property. | ||||||
11 | If the taxpayer continues to own property through | ||||||
12 | the last day of the last tax year for which a | ||||||
13 | subtraction is allowed with respect to that property | ||||||
14 | under subparagraph (Z) and for which the taxpayer was | ||||||
15 | allowed in any taxable year to make a subtraction | ||||||
16 | modification under subparagraph (Z), then an amount | ||||||
17 | equal to that subtraction modification.
| ||||||
18 | The taxpayer is required to make the addition | ||||||
19 | modification under this
subparagraph
only once with | ||||||
20 | respect to any one piece of property; | ||||||
21 | (D-17) An amount equal to the amount otherwise | ||||||
22 | allowed as a deduction in computing base income for | ||||||
23 | interest paid, accrued, or incurred, directly or | ||||||
24 | indirectly, (i) for taxable years ending on or after | ||||||
25 | December 31, 2004, to a foreign person who would be a | ||||||
26 | member of the same unitary business group but for the |
| |||||||
| |||||||
1 | fact that foreign person's business activity outside | ||||||
2 | the United States is 80% or more of the foreign | ||||||
3 | person's total business activity and (ii) for taxable | ||||||
4 | years ending on or after December 31, 2008, to a person | ||||||
5 | who would be a member of the same unitary business | ||||||
6 | group but for the fact that the person is prohibited | ||||||
7 | under Section 1501(a)(27) from being included in the | ||||||
8 | unitary business group because he or she is ordinarily | ||||||
9 | required to apportion business income under different | ||||||
10 | subsections of Section 304. The addition modification | ||||||
11 | required by this subparagraph shall be reduced to the | ||||||
12 | extent that dividends were included in base income of | ||||||
13 | the unitary group for the same taxable year and | ||||||
14 | received by the taxpayer or by a member of the | ||||||
15 | taxpayer's unitary business group (including amounts | ||||||
16 | included in gross income under Sections 951 through | ||||||
17 | 964 of the Internal Revenue Code and amounts included | ||||||
18 | in gross income under Section 78 of the Internal | ||||||
19 | Revenue Code) with respect to the stock of the same | ||||||
20 | person to whom the interest was paid, accrued, or | ||||||
21 | incurred. | ||||||
22 | This paragraph shall not apply to the following:
| ||||||
23 | (i) an item of interest paid, accrued, or | ||||||
24 | incurred, directly or indirectly, to a person who | ||||||
25 | is subject in a foreign country or state, other | ||||||
26 | than a state which requires mandatory unitary |
| |||||||
| |||||||
1 | reporting, to a tax on or measured by net income | ||||||
2 | with respect to such interest; or | ||||||
3 | (ii) an item of interest paid, accrued, or | ||||||
4 | incurred, directly or indirectly, to a person if | ||||||
5 | the taxpayer can establish, based on a | ||||||
6 | preponderance of the evidence, both of the | ||||||
7 | following: | ||||||
8 | (a) the person, during the same taxable | ||||||
9 | year, paid, accrued, or incurred, the interest | ||||||
10 | to a person that is not a related member, and | ||||||
11 | (b) the transaction giving rise to the | ||||||
12 | interest expense between the taxpayer and the | ||||||
13 | person did not have as a principal purpose the | ||||||
14 | avoidance of Illinois income tax, and is paid | ||||||
15 | pursuant to a contract or agreement that | ||||||
16 | reflects an arm's-length interest rate and | ||||||
17 | terms; or
| ||||||
18 | (iii) the taxpayer can establish, based on | ||||||
19 | clear and convincing evidence, that the interest | ||||||
20 | paid, accrued, or incurred relates to a contract | ||||||
21 | or agreement entered into at arm's-length rates | ||||||
22 | and terms and the principal purpose for the | ||||||
23 | payment is not federal or Illinois tax avoidance; | ||||||
24 | or
| ||||||
25 | (iv) an item of interest paid, accrued, or | ||||||
26 | incurred, directly or indirectly, to a person if |
| |||||||
| |||||||
1 | the taxpayer establishes by clear and convincing | ||||||
2 | evidence that the adjustments are unreasonable; or | ||||||
3 | if the taxpayer and the Director agree in writing | ||||||
4 | to the application or use of an alternative method | ||||||
5 | of apportionment under Section 304(f).
| ||||||
6 | Nothing in this subsection shall preclude the | ||||||
7 | Director from making any other adjustment | ||||||
8 | otherwise allowed under Section 404 of this Act | ||||||
9 | for any tax year beginning after the effective | ||||||
10 | date of this amendment provided such adjustment is | ||||||
11 | made pursuant to regulation adopted by the | ||||||
12 | Department and such regulations provide methods | ||||||
13 | and standards by which the Department will utilize | ||||||
14 | its authority under Section 404 of this Act;
| ||||||
15 | (D-18) An amount equal to the amount of intangible | ||||||
16 | expenses and costs otherwise allowed as a deduction in | ||||||
17 | computing base income, and that were paid, accrued, or | ||||||
18 | incurred, directly or indirectly, (i) for taxable | ||||||
19 | years ending on or after December 31, 2004, to a | ||||||
20 | foreign person who would be a member of the same | ||||||
21 | unitary business group but for the fact that the | ||||||
22 | foreign person's business activity outside the United | ||||||
23 | States is 80% or more of that person's total business | ||||||
24 | activity and (ii) for taxable years ending on or after | ||||||
25 | December 31, 2008, to a person who would be a member of | ||||||
26 | the same unitary business group but for the fact that |
| |||||||
| |||||||
1 | the person is prohibited under Section 1501(a)(27) | ||||||
2 | from being included in the unitary business group | ||||||
3 | because he or she is ordinarily required to apportion | ||||||
4 | business income under different subsections of Section | ||||||
5 | 304. The addition modification required by this | ||||||
6 | subparagraph shall be reduced to the extent that | ||||||
7 | dividends were included in base income of the unitary | ||||||
8 | group for the same taxable year and received by the | ||||||
9 | taxpayer or by a member of the taxpayer's unitary | ||||||
10 | business group (including amounts included in gross | ||||||
11 | income under Sections 951 through 964 of the Internal | ||||||
12 | Revenue Code and amounts included in gross income | ||||||
13 | under Section 78 of the Internal Revenue Code) with | ||||||
14 | respect to the stock of the same person to whom the | ||||||
15 | intangible expenses and costs were directly or | ||||||
16 | indirectly paid, incurred, or accrued. The preceding | ||||||
17 | sentence does not apply to the extent that the same | ||||||
18 | dividends caused a reduction to the addition | ||||||
19 | modification required under Section 203(a)(2)(D-17) of | ||||||
20 | this Act. As used in this subparagraph, the term | ||||||
21 | "intangible expenses and costs" includes (1) expenses, | ||||||
22 | losses, and costs for, or related to, the direct or | ||||||
23 | indirect acquisition, use, maintenance or management, | ||||||
24 | ownership, sale, exchange, or any other disposition of | ||||||
25 | intangible property; (2) losses incurred, directly or | ||||||
26 | indirectly, from factoring transactions or discounting |
| |||||||
| |||||||
1 | transactions; (3) royalty, patent, technical, and | ||||||
2 | copyright fees; (4) licensing fees; and (5) other | ||||||
3 | similar expenses and costs.
For purposes of this | ||||||
4 | subparagraph, "intangible property" includes patents, | ||||||
5 | patent applications, trade names, trademarks, service | ||||||
6 | marks, copyrights, mask works, trade secrets, and | ||||||
7 | similar types of intangible assets. | ||||||
8 | This paragraph shall not apply to the following: | ||||||
9 | (i) any item of intangible expenses or costs | ||||||
10 | paid, accrued, or incurred, directly or | ||||||
11 | indirectly, from a transaction with a person who | ||||||
12 | is subject in a foreign country or state, other | ||||||
13 | than a state which requires mandatory unitary | ||||||
14 | reporting, to a tax on or measured by net income | ||||||
15 | with respect to such item; or | ||||||
16 | (ii) any item of intangible expense or cost | ||||||
17 | paid, accrued, or incurred, directly or | ||||||
18 | indirectly, if the taxpayer can establish, based | ||||||
19 | on a preponderance of the evidence, both of the | ||||||
20 | following: | ||||||
21 | (a) the person during the same taxable | ||||||
22 | year paid, accrued, or incurred, the | ||||||
23 | intangible expense or cost to a person that is | ||||||
24 | not a related member, and | ||||||
25 | (b) the transaction giving rise to the | ||||||
26 | intangible expense or cost between the |
| |||||||
| |||||||
1 | taxpayer and the person did not have as a | ||||||
2 | principal purpose the avoidance of Illinois | ||||||
3 | income tax, and is paid pursuant to a contract | ||||||
4 | or agreement that reflects arm's-length terms; | ||||||
5 | or | ||||||
6 | (iii) any item of intangible expense or cost | ||||||
7 | paid, accrued, or incurred, directly or | ||||||
8 | indirectly, from a transaction with a person if | ||||||
9 | the taxpayer establishes by clear and convincing | ||||||
10 | evidence, that the adjustments are unreasonable; | ||||||
11 | or if the taxpayer and the Director agree in | ||||||
12 | writing to the application or use of an | ||||||
13 | alternative method of apportionment under Section | ||||||
14 | 304(f);
| ||||||
15 | Nothing in this subsection shall preclude the | ||||||
16 | Director from making any other adjustment | ||||||
17 | otherwise allowed under Section 404 of this Act | ||||||
18 | for any tax year beginning after the effective | ||||||
19 | date of this amendment provided such adjustment is | ||||||
20 | made pursuant to regulation adopted by the | ||||||
21 | Department and such regulations provide methods | ||||||
22 | and standards by which the Department will utilize | ||||||
23 | its authority under Section 404 of this Act;
| ||||||
24 | (D-19) For taxable years ending on or after | ||||||
25 | December 31, 2008, an amount equal to the amount of | ||||||
26 | insurance premium expenses and costs otherwise allowed |
| |||||||
| |||||||
1 | as a deduction in computing base income, and that were | ||||||
2 | paid, accrued, or incurred, directly or indirectly, to | ||||||
3 | a person who would be a member of the same unitary | ||||||
4 | business group but for the fact that the person is | ||||||
5 | prohibited under Section 1501(a)(27) from being | ||||||
6 | included in the unitary business group because he or | ||||||
7 | she is ordinarily required to apportion business | ||||||
8 | income under different subsections of Section 304. The | ||||||
9 | addition modification required by this subparagraph | ||||||
10 | shall be reduced to the extent that dividends were | ||||||
11 | included in base income of the unitary group for the | ||||||
12 | same taxable year and received by the taxpayer or by a | ||||||
13 | member of the taxpayer's unitary business group | ||||||
14 | (including amounts included in gross income under | ||||||
15 | Sections 951 through 964 of the Internal Revenue Code | ||||||
16 | and amounts included in gross income under Section 78 | ||||||
17 | of the Internal Revenue Code) with respect to the | ||||||
18 | stock of the same person to whom the premiums and costs | ||||||
19 | were directly or indirectly paid, incurred, or | ||||||
20 | accrued. The preceding sentence does not apply to the | ||||||
21 | extent that the same dividends caused a reduction to | ||||||
22 | the addition modification required under Section | ||||||
23 | 203(a)(2)(D-17) or Section 203(a)(2)(D-18) of this | ||||||
24 | Act;
| ||||||
25 | (D-20) For taxable years beginning on or after | ||||||
26 | January 1,
2002 and ending on or before December 31, |
| |||||||
| |||||||
1 | 2006, in
the
case of a distribution from a qualified | ||||||
2 | tuition program under Section 529 of
the Internal | ||||||
3 | Revenue Code, other than (i) a distribution from a | ||||||
4 | College Savings
Pool created under Section 16.5 of the | ||||||
5 | State Treasurer Act or (ii) a
distribution from the | ||||||
6 | Illinois Prepaid Tuition Trust Fund, an amount equal | ||||||
7 | to
the amount excluded from gross income under Section | ||||||
8 | 529(c)(3)(B). For taxable years beginning on or after | ||||||
9 | January 1, 2007, in the case of a distribution from a | ||||||
10 | qualified tuition program under Section 529 of the | ||||||
11 | Internal Revenue Code, other than (i) a distribution | ||||||
12 | from a College Savings Pool created under Section 16.5 | ||||||
13 | of the State Treasurer Act, (ii) a distribution from | ||||||
14 | the Illinois Prepaid Tuition Trust Fund, or (iii) a | ||||||
15 | distribution from a qualified tuition program under | ||||||
16 | Section 529 of the Internal Revenue Code that (I) | ||||||
17 | adopts and determines that its offering materials | ||||||
18 | comply with the College Savings Plans Network's | ||||||
19 | disclosure principles and (II) has made reasonable | ||||||
20 | efforts to inform in-state residents of the existence | ||||||
21 | of in-state qualified tuition programs by informing | ||||||
22 | Illinois residents directly and, where applicable, to | ||||||
23 | inform financial intermediaries distributing the | ||||||
24 | program to inform in-state residents of the existence | ||||||
25 | of in-state qualified tuition programs at least | ||||||
26 | annually, an amount equal to the amount excluded from |
| |||||||
| |||||||
1 | gross income under Section 529(c)(3)(B). | ||||||
2 | For the purposes of this subparagraph (D-20), a | ||||||
3 | qualified tuition program has made reasonable efforts | ||||||
4 | if it makes disclosures (which may use the term | ||||||
5 | "in-state program" or "in-state plan" and need not | ||||||
6 | specifically refer to Illinois or its qualified | ||||||
7 | programs by name) (i) directly to prospective | ||||||
8 | participants in its offering materials or makes a | ||||||
9 | public disclosure, such as a website posting; and (ii) | ||||||
10 | where applicable, to intermediaries selling the | ||||||
11 | out-of-state program in the same manner that the | ||||||
12 | out-of-state program distributes its offering | ||||||
13 | materials; | ||||||
14 | (D-20.5) For taxable years beginning on or after | ||||||
15 | January 1, 2018, in the case of a distribution from a | ||||||
16 | qualified ABLE program under Section 529A of the | ||||||
17 | Internal Revenue Code, other than a distribution from | ||||||
18 | a qualified ABLE program created under Section 16.6 of | ||||||
19 | the State Treasurer Act, an amount equal to the amount | ||||||
20 | excluded from gross income under Section 529A(c)(1)(B) | ||||||
21 | of the Internal Revenue Code; | ||||||
22 | (D-21) For taxable years beginning on or after | ||||||
23 | January 1, 2007, in the case of transfer of moneys from | ||||||
24 | a qualified tuition program under Section 529 of the | ||||||
25 | Internal Revenue Code that is administered by the | ||||||
26 | State to an out-of-state program, an amount equal to |
| |||||||
| |||||||
1 | the amount of moneys previously deducted from base | ||||||
2 | income under subsection (a)(2)(Y) of this Section; | ||||||
3 | (D-21.5) For taxable years beginning on or after | ||||||
4 | January 1, 2018, in the case of the transfer of moneys | ||||||
5 | from a qualified tuition program under Section 529 or | ||||||
6 | a qualified ABLE program under Section 529A of the | ||||||
7 | Internal Revenue Code that is administered by this | ||||||
8 | State to an ABLE account established under an | ||||||
9 | out-of-state ABLE account program, an amount equal to | ||||||
10 | the contribution component of the transferred amount | ||||||
11 | that was previously deducted from base income under | ||||||
12 | subsection (a)(2)(Y) or subsection (a)(2)(HH) of this | ||||||
13 | Section; | ||||||
14 | (D-22) For taxable years beginning on or after | ||||||
15 | January 1, 2009, and prior to January 1, 2018, in the | ||||||
16 | case of a nonqualified withdrawal or refund of moneys | ||||||
17 | from a qualified tuition program under Section 529 of | ||||||
18 | the Internal Revenue Code administered by the State | ||||||
19 | that is not used for qualified expenses at an eligible | ||||||
20 | education institution, an amount equal to the | ||||||
21 | contribution component of the nonqualified withdrawal | ||||||
22 | or refund that was previously deducted from base | ||||||
23 | income under subsection (a)(2)(y) of this Section, | ||||||
24 | provided that the withdrawal or refund did not result | ||||||
25 | from the beneficiary's death or disability. For | ||||||
26 | taxable years beginning on or after January 1, 2018: |
| |||||||
| |||||||
1 | (1) in the case of a nonqualified withdrawal or | ||||||
2 | refund, as defined under Section
16.5 of the State | ||||||
3 | Treasurer Act, of moneys from a qualified tuition | ||||||
4 | program under Section 529 of the Internal Revenue Code | ||||||
5 | administered by the State, an amount equal to the | ||||||
6 | contribution component of the nonqualified withdrawal | ||||||
7 | or refund that was previously deducted from base
| ||||||
8 | income under subsection (a)(2)(Y) of this Section, and | ||||||
9 | (2) in the case of a nonqualified withdrawal or refund | ||||||
10 | from a qualified ABLE program under Section 529A of | ||||||
11 | the Internal Revenue Code administered by the State | ||||||
12 | that is not used for qualified disability expenses, an | ||||||
13 | amount equal to the contribution component of the | ||||||
14 | nonqualified withdrawal or refund that was previously | ||||||
15 | deducted from base income under subsection (a)(2)(HH) | ||||||
16 | of this Section; | ||||||
17 | (D-23) An amount equal to the credit allowable to | ||||||
18 | the taxpayer under Section 218(a) of this Act, | ||||||
19 | determined without regard to Section 218(c) of this | ||||||
20 | Act; | ||||||
21 | (D-24) For taxable years ending on or after | ||||||
22 | December 31, 2017, an amount equal to the deduction | ||||||
23 | allowed under Section 199 of the Internal Revenue Code | ||||||
24 | for the taxable year; | ||||||
25 | (D-25) In the case of a resident, an amount equal | ||||||
26 | to the amount of tax for which a credit is allowed |
| |||||||
| |||||||
1 | pursuant to Section 201(p)(7) of this Act; | ||||||
2 | and by deducting from the total so obtained the
sum of the | ||||||
3 | following amounts: | ||||||
4 | (E) For taxable years ending before December 31, | ||||||
5 | 2001,
any amount included in such total in respect of | ||||||
6 | any compensation
(including but not limited to any | ||||||
7 | compensation paid or accrued to a
serviceman while a | ||||||
8 | prisoner of war or missing in action) paid to a | ||||||
9 | resident
by reason of being on active duty in the Armed | ||||||
10 | Forces of the United States
and in respect of any | ||||||
11 | compensation paid or accrued to a resident who as a
| ||||||
12 | governmental employee was a prisoner of war or missing | ||||||
13 | in action, and in
respect of any compensation paid to a | ||||||
14 | resident in 1971 or thereafter for
annual training | ||||||
15 | performed pursuant to Sections 502 and 503, Title 32,
| ||||||
16 | United States Code as a member of the Illinois | ||||||
17 | National Guard or, beginning with taxable years ending | ||||||
18 | on or after December 31, 2007, the National Guard of | ||||||
19 | any other state.
For taxable years ending on or after | ||||||
20 | December 31, 2001, any amount included in
such total | ||||||
21 | in respect of any compensation (including but not | ||||||
22 | limited to any
compensation paid or accrued to a | ||||||
23 | serviceman while a prisoner of war or missing
in | ||||||
24 | action) paid to a resident by reason of being a member | ||||||
25 | of any component of
the Armed Forces of the United | ||||||
26 | States and in respect of any compensation paid
or |
| |||||||
| |||||||
1 | accrued to a resident who as a governmental employee | ||||||
2 | was a prisoner of war
or missing in action, and in | ||||||
3 | respect of any compensation paid to a resident in
2001 | ||||||
4 | or thereafter by reason of being a member of the | ||||||
5 | Illinois National Guard or, beginning with taxable | ||||||
6 | years ending on or after December 31, 2007, the | ||||||
7 | National Guard of any other state.
The provisions of | ||||||
8 | this subparagraph (E) are exempt
from the provisions | ||||||
9 | of Section 250; | ||||||
10 | (F) An amount equal to all amounts included in | ||||||
11 | such total pursuant
to the provisions of Sections | ||||||
12 | 402(a), 402(c), 403(a), 403(b), 406(a), 407(a),
and | ||||||
13 | 408 of the Internal Revenue Code, or included in such | ||||||
14 | total as
distributions under the provisions of any | ||||||
15 | retirement or disability plan for
employees of any | ||||||
16 | governmental agency or unit, or retirement payments to
| ||||||
17 | retired partners, which payments are excluded in | ||||||
18 | computing net earnings
from self employment by Section | ||||||
19 | 1402 of the Internal Revenue Code and
regulations | ||||||
20 | adopted pursuant thereto; | ||||||
21 | (G) The valuation limitation amount; | ||||||
22 | (H) An amount equal to the amount of any tax | ||||||
23 | imposed by this Act
which was refunded to the taxpayer | ||||||
24 | and included in such total for the
taxable year; | ||||||
25 | (I) An amount equal to all amounts included in | ||||||
26 | such total pursuant
to the provisions of Section 111 |
| |||||||
| |||||||
1 | of the Internal Revenue Code as a
recovery of items | ||||||
2 | previously deducted from adjusted gross income in the
| ||||||
3 | computation of taxable income; | ||||||
4 | (J) An amount equal to those dividends included in | ||||||
5 | such total which were
paid by a corporation which | ||||||
6 | conducts business operations in a River Edge | ||||||
7 | Redevelopment Zone or zones created under the River | ||||||
8 | Edge Redevelopment Zone Act, and conducts
| ||||||
9 | substantially all of its operations in a River Edge | ||||||
10 | Redevelopment Zone or zones. This subparagraph (J) is | ||||||
11 | exempt from the provisions of Section 250; | ||||||
12 | (K) An amount equal to those dividends included in | ||||||
13 | such total that
were paid by a corporation that | ||||||
14 | conducts business operations in a federally
designated | ||||||
15 | Foreign Trade Zone or Sub-Zone and that is designated | ||||||
16 | a High Impact
Business located in Illinois; provided | ||||||
17 | that dividends eligible for the
deduction provided in | ||||||
18 | subparagraph (J) of paragraph (2) of this subsection
| ||||||
19 | shall not be eligible for the deduction provided under | ||||||
20 | this subparagraph
(K); | ||||||
21 | (L) For taxable years ending after December 31, | ||||||
22 | 1983, an amount equal to
all social security benefits | ||||||
23 | and railroad retirement benefits included in
such | ||||||
24 | total pursuant to Sections 72(r) and 86 of the | ||||||
25 | Internal Revenue Code; | ||||||
26 | (M) With the exception of any amounts subtracted |
| |||||||
| |||||||
1 | under subparagraph
(N), an amount equal to the sum of | ||||||
2 | all amounts disallowed as
deductions by (i) Sections | ||||||
3 | 171(a)(2) and 265(a)(2) of the Internal Revenue Code, | ||||||
4 | and all amounts of expenses allocable
to interest and | ||||||
5 | disallowed as deductions by Section 265(a)(1) of the | ||||||
6 | Internal
Revenue Code;
and (ii) for taxable years
| ||||||
7 | ending on or after August 13, 1999, Sections | ||||||
8 | 171(a)(2), 265,
280C, and 832(b)(5)(B)(i) of the | ||||||
9 | Internal Revenue Code, plus, for taxable years ending | ||||||
10 | on or after December 31, 2011, Section 45G(e)(3) of | ||||||
11 | the Internal Revenue Code and, for taxable years | ||||||
12 | ending on or after December 31, 2008, any amount | ||||||
13 | included in gross income under Section 87 of the | ||||||
14 | Internal Revenue Code; the provisions of this
| ||||||
15 | subparagraph are exempt from the provisions of Section | ||||||
16 | 250; | ||||||
17 | (N) An amount equal to all amounts included in | ||||||
18 | such total which are
exempt from taxation by this | ||||||
19 | State either by reason of its statutes or
Constitution
| ||||||
20 | or by reason of the Constitution, treaties or statutes | ||||||
21 | of the United States;
provided that, in the case of any | ||||||
22 | statute of this State that exempts income
derived from | ||||||
23 | bonds or other obligations from the tax imposed under | ||||||
24 | this Act,
the amount exempted shall be the interest | ||||||
25 | net of bond premium amortization; | ||||||
26 | (O) An amount equal to any contribution made to a |
| |||||||
| |||||||
1 | job training
project established pursuant to the Tax | ||||||
2 | Increment Allocation Redevelopment Act; | ||||||
3 | (P) An amount equal to the amount of the deduction | ||||||
4 | used to compute the
federal income tax credit for | ||||||
5 | restoration of substantial amounts held under
claim of | ||||||
6 | right for the taxable year pursuant to Section 1341 of | ||||||
7 | the
Internal Revenue Code or of any itemized deduction | ||||||
8 | taken from adjusted gross income in the computation of | ||||||
9 | taxable income for restoration of substantial amounts | ||||||
10 | held under claim of right for the taxable year; | ||||||
11 | (Q) An amount equal to any amounts included in | ||||||
12 | such total, received by
the taxpayer as an | ||||||
13 | acceleration in the payment of life, endowment or | ||||||
14 | annuity
benefits in advance of the time they would | ||||||
15 | otherwise be payable as an indemnity
for a terminal | ||||||
16 | illness; | ||||||
17 | (R) An amount equal to the amount of any federal or | ||||||
18 | State bonus paid
to veterans of the Persian Gulf War; | ||||||
19 | (S) An amount, to the extent included in adjusted | ||||||
20 | gross income, equal
to the amount of a contribution | ||||||
21 | made in the taxable year on behalf of the
taxpayer to a | ||||||
22 | medical care savings account established under the | ||||||
23 | Medical Care
Savings Account Act or the Medical Care | ||||||
24 | Savings Account Act of 2000 to the
extent the | ||||||
25 | contribution is accepted by the account
administrator | ||||||
26 | as provided in that Act; |
| |||||||
| |||||||
1 | (T) An amount, to the extent included in adjusted | ||||||
2 | gross income, equal to
the amount of interest earned | ||||||
3 | in the taxable year on a medical care savings
account | ||||||
4 | established under the Medical Care Savings Account Act | ||||||
5 | or the Medical
Care Savings Account Act of 2000 on | ||||||
6 | behalf of the
taxpayer, other than interest added | ||||||
7 | pursuant to item (D-5) of this paragraph
(2); | ||||||
8 | (U) For one taxable year beginning on or after | ||||||
9 | January 1,
1994, an
amount equal to the total amount of | ||||||
10 | tax imposed and paid under subsections (a)
and (b) of | ||||||
11 | Section 201 of this Act on grant amounts received by | ||||||
12 | the taxpayer
under the Nursing Home Grant Assistance | ||||||
13 | Act during the taxpayer's taxable years
1992 and 1993; | ||||||
14 | (V) Beginning with tax years ending on or after | ||||||
15 | December 31, 1995 and
ending with tax years ending on | ||||||
16 | or before December 31, 2004, an amount equal to
the | ||||||
17 | amount paid by a taxpayer who is a
self-employed | ||||||
18 | taxpayer, a partner of a partnership, or a
shareholder | ||||||
19 | in a Subchapter S corporation for health insurance or | ||||||
20 | long-term
care insurance for that taxpayer or that | ||||||
21 | taxpayer's spouse or dependents, to
the extent that | ||||||
22 | the amount paid for that health insurance or long-term | ||||||
23 | care
insurance may be deducted under Section 213 of | ||||||
24 | the Internal Revenue Code, has not been deducted on | ||||||
25 | the federal income tax return of the taxpayer,
and | ||||||
26 | does not exceed the taxable income attributable to |
| |||||||
| |||||||
1 | that taxpayer's income,
self-employment income, or | ||||||
2 | Subchapter S corporation income; except that no
| ||||||
3 | deduction shall be allowed under this item (V) if the | ||||||
4 | taxpayer is eligible to
participate in any health | ||||||
5 | insurance or long-term care insurance plan of an
| ||||||
6 | employer of the taxpayer or the taxpayer's
spouse. The | ||||||
7 | amount of the health insurance and long-term care | ||||||
8 | insurance
subtracted under this item (V) shall be | ||||||
9 | determined by multiplying total
health insurance and | ||||||
10 | long-term care insurance premiums paid by the taxpayer
| ||||||
11 | times a number that represents the fractional | ||||||
12 | percentage of eligible medical
expenses under Section | ||||||
13 | 213 of the Internal Revenue Code of 1986 not actually
| ||||||
14 | deducted on the taxpayer's federal income tax return; | ||||||
15 | (W) For taxable years beginning on or after | ||||||
16 | January 1, 1998,
all amounts included in the | ||||||
17 | taxpayer's federal gross income
in the taxable year | ||||||
18 | from amounts converted from a regular IRA to a Roth | ||||||
19 | IRA.
This paragraph is exempt from the provisions of | ||||||
20 | Section
250; | ||||||
21 | (X) For taxable year 1999 and thereafter, an | ||||||
22 | amount equal to the
amount of any (i) distributions, | ||||||
23 | to the extent includible in gross income for
federal | ||||||
24 | income tax purposes, made to the taxpayer because of | ||||||
25 | his or her status
as a victim of persecution for racial | ||||||
26 | or religious reasons by Nazi Germany or
any other Axis |
| |||||||
| |||||||
1 | regime or as an heir of the victim and (ii) items
of | ||||||
2 | income, to the extent
includible in gross income for | ||||||
3 | federal income tax purposes, attributable to,
derived | ||||||
4 | from or in any way related to assets stolen from, | ||||||
5 | hidden from, or
otherwise lost to a victim of
| ||||||
6 | persecution for racial or religious reasons by Nazi | ||||||
7 | Germany or any other Axis
regime immediately prior to, | ||||||
8 | during, and immediately after World War II,
including, | ||||||
9 | but
not limited to, interest on the proceeds | ||||||
10 | receivable as insurance
under policies issued to a | ||||||
11 | victim of persecution for racial or religious
reasons
| ||||||
12 | by Nazi Germany or any other Axis regime by European | ||||||
13 | insurance companies
immediately prior to and during | ||||||
14 | World War II;
provided, however, this subtraction from | ||||||
15 | federal adjusted gross income does not
apply to assets | ||||||
16 | acquired with such assets or with the proceeds from | ||||||
17 | the sale of
such assets; provided, further, this | ||||||
18 | paragraph shall only apply to a taxpayer
who was the | ||||||
19 | first recipient of such assets after their recovery | ||||||
20 | and who is a
victim of persecution for racial or | ||||||
21 | religious reasons
by Nazi Germany or any other Axis | ||||||
22 | regime or as an heir of the victim. The
amount of and | ||||||
23 | the eligibility for any public assistance, benefit, or
| ||||||
24 | similar entitlement is not affected by the inclusion | ||||||
25 | of items (i) and (ii) of
this paragraph in gross income | ||||||
26 | for federal income tax purposes.
This paragraph is |
| |||||||
| |||||||
1 | exempt from the provisions of Section 250; | ||||||
2 | (Y) For taxable years beginning on or after | ||||||
3 | January 1, 2002
and ending
on or before December 31, | ||||||
4 | 2004, moneys contributed in the taxable year to a | ||||||
5 | College Savings Pool account under
Section 16.5 of the | ||||||
6 | State Treasurer Act, except that amounts excluded from
| ||||||
7 | gross income under Section 529(c)(3)(C)(i) of the | ||||||
8 | Internal Revenue Code
shall not be considered moneys | ||||||
9 | contributed under this subparagraph (Y). For taxable | ||||||
10 | years beginning on or after January 1, 2005, a maximum | ||||||
11 | of $10,000
contributed
in the
taxable year to (i) a | ||||||
12 | College Savings Pool account under Section 16.5 of the
| ||||||
13 | State
Treasurer Act or (ii) the Illinois Prepaid | ||||||
14 | Tuition Trust Fund,
except that
amounts excluded from | ||||||
15 | gross income under Section 529(c)(3)(C)(i) of the
| ||||||
16 | Internal
Revenue Code shall not be considered moneys | ||||||
17 | contributed under this subparagraph
(Y). For purposes | ||||||
18 | of this subparagraph, contributions made by an | ||||||
19 | employer on behalf of an employee, or matching | ||||||
20 | contributions made by an employee, shall be treated as | ||||||
21 | made by the employee. This
subparagraph (Y) is exempt | ||||||
22 | from the provisions of Section 250; | ||||||
23 | (Z) For taxable years 2001 and thereafter, for the | ||||||
24 | taxable year in
which the bonus depreciation deduction
| ||||||
25 | is taken on the taxpayer's federal income tax return | ||||||
26 | under
subsection (k) of Section 168 of the Internal |
| |||||||
| |||||||
1 | Revenue Code and for each
applicable taxable year | ||||||
2 | thereafter, an amount equal to "x", where: | ||||||
3 | (1) "y" equals the amount of the depreciation | ||||||
4 | deduction taken for the
taxable year
on the | ||||||
5 | taxpayer's federal income tax return on property | ||||||
6 | for which the bonus
depreciation deduction
was | ||||||
7 | taken in any year under subsection (k) of Section | ||||||
8 | 168 of the Internal
Revenue Code, but not | ||||||
9 | including the bonus depreciation deduction; | ||||||
10 | (2) for taxable years ending on or before | ||||||
11 | December 31, 2005, "x" equals "y" multiplied by 30 | ||||||
12 | and then divided by 70 (or "y"
multiplied by | ||||||
13 | 0.429); and | ||||||
14 | (3) for taxable years ending after December | ||||||
15 | 31, 2005: | ||||||
16 | (i) for property on which a bonus | ||||||
17 | depreciation deduction of 30% of the adjusted | ||||||
18 | basis was taken, "x" equals "y" multiplied by | ||||||
19 | 30 and then divided by 70 (or "y"
multiplied | ||||||
20 | by 0.429); | ||||||
21 | (ii) for property on which a bonus | ||||||
22 | depreciation deduction of 50% of the adjusted | ||||||
23 | basis was taken, "x" equals "y" multiplied by | ||||||
24 | 1.0; | ||||||
25 | (iii) for property on which a bonus | ||||||
26 | depreciation deduction of 100% of the adjusted |
| |||||||
| |||||||
1 | basis was taken in a taxable year ending on or | ||||||
2 | after December 31, 2021, "x" equals the | ||||||
3 | depreciation deduction that would be allowed | ||||||
4 | on that property if the taxpayer had made the | ||||||
5 | election under Section 168(k)(7) of the | ||||||
6 | Internal Revenue Code to not claim bonus | ||||||
7 | depreciation deprecation on that property; and | ||||||
8 | (iv) for property on which a bonus | ||||||
9 | depreciation deduction of a percentage other | ||||||
10 | than 30%, 50% or 100% of the adjusted basis | ||||||
11 | was taken in a taxable year ending on or after | ||||||
12 | December 31, 2021, "x" equals "y" multiplied | ||||||
13 | by 100 times the percentage bonus depreciation | ||||||
14 | on the property (that is, 100(bonus%)) and | ||||||
15 | then divided by 100 times 1 minus the | ||||||
16 | percentage bonus depreciation on the property | ||||||
17 | (that is, 100(1–bonus%)). | ||||||
18 | The aggregate amount deducted under this | ||||||
19 | subparagraph in all taxable
years for any one piece of | ||||||
20 | property may not exceed the amount of the bonus
| ||||||
21 | depreciation deduction
taken on that property on the | ||||||
22 | taxpayer's federal income tax return under
subsection | ||||||
23 | (k) of Section 168 of the Internal Revenue Code. This | ||||||
24 | subparagraph (Z) is exempt from the provisions of | ||||||
25 | Section 250; | ||||||
26 | (AA) If the taxpayer sells, transfers, abandons, |
| |||||||
| |||||||
1 | or otherwise disposes of
property for which the | ||||||
2 | taxpayer was required in any taxable year to make an
| ||||||
3 | addition modification under subparagraph (D-15), then | ||||||
4 | an amount equal to that
addition modification.
| ||||||
5 | If the taxpayer continues to own property through | ||||||
6 | the last day of the last tax year for which a | ||||||
7 | subtraction is allowed with respect to that property | ||||||
8 | under subparagraph (Z) and for which the taxpayer was | ||||||
9 | required in any taxable year to make an addition | ||||||
10 | modification under subparagraph (D-15), then an amount | ||||||
11 | equal to that addition modification.
| ||||||
12 | The taxpayer is allowed to take the deduction | ||||||
13 | under this subparagraph
only once with respect to any | ||||||
14 | one piece of property. | ||||||
15 | This subparagraph (AA) is exempt from the | ||||||
16 | provisions of Section 250; | ||||||
17 | (BB) Any amount included in adjusted gross income, | ||||||
18 | other
than
salary,
received by a driver in a | ||||||
19 | ridesharing arrangement using a motor vehicle; | ||||||
20 | (CC) The amount of (i) any interest income (net of | ||||||
21 | the deductions allocable thereto) taken into account | ||||||
22 | for the taxable year with respect to a transaction | ||||||
23 | with a taxpayer that is required to make an addition | ||||||
24 | modification with respect to such transaction under | ||||||
25 | Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||||||
26 | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed |
| |||||||
| |||||||
1 | the amount of that addition modification, and
(ii) any | ||||||
2 | income from intangible property (net of the deductions | ||||||
3 | allocable thereto) taken into account for the taxable | ||||||
4 | year with respect to a transaction with a taxpayer | ||||||
5 | that is required to make an addition modification with | ||||||
6 | respect to such transaction under Section | ||||||
7 | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||||||
8 | 203(d)(2)(D-8), but not to exceed the amount of that | ||||||
9 | addition modification. This subparagraph (CC) is | ||||||
10 | exempt from the provisions of Section 250; | ||||||
11 | (DD) An amount equal to the interest income taken | ||||||
12 | into account for the taxable year (net of the | ||||||
13 | deductions allocable thereto) with respect to | ||||||
14 | transactions with (i) a foreign person who would be a | ||||||
15 | member of the taxpayer's unitary business group but | ||||||
16 | for the fact that the foreign person's business | ||||||
17 | activity outside the United States is 80% or more of | ||||||
18 | that person's total business activity and (ii) for | ||||||
19 | taxable years ending on or after December 31, 2008, to | ||||||
20 | a person who would be a member of the same unitary | ||||||
21 | business group but for the fact that the person is | ||||||
22 | prohibited under Section 1501(a)(27) from being | ||||||
23 | included in the unitary business group because he or | ||||||
24 | she is ordinarily required to apportion business | ||||||
25 | income under different subsections of Section 304, but | ||||||
26 | not to exceed the addition modification required to be |
| |||||||
| |||||||
1 | made for the same taxable year under Section | ||||||
2 | 203(a)(2)(D-17) for interest paid, accrued, or | ||||||
3 | incurred, directly or indirectly, to the same person. | ||||||
4 | This subparagraph (DD) is exempt from the provisions | ||||||
5 | of Section 250; | ||||||
6 | (EE) An amount equal to the income from intangible | ||||||
7 | property taken into account for the taxable year (net | ||||||
8 | of the deductions allocable thereto) with respect to | ||||||
9 | transactions with (i) a foreign person who would be a | ||||||
10 | member of the taxpayer's unitary business group but | ||||||
11 | for the fact that the foreign person's business | ||||||
12 | activity outside the United States is 80% or more of | ||||||
13 | that person's total business activity and (ii) for | ||||||
14 | taxable years ending on or after December 31, 2008, to | ||||||
15 | a person who would be a member of the same unitary | ||||||
16 | business group but for the fact that the person is | ||||||
17 | prohibited under Section 1501(a)(27) from being | ||||||
18 | included in the unitary business group because he or | ||||||
19 | she is ordinarily required to apportion business | ||||||
20 | income under different subsections of Section 304, but | ||||||
21 | not to exceed the addition modification required to be | ||||||
22 | made for the same taxable year under Section | ||||||
23 | 203(a)(2)(D-18) for intangible expenses and costs | ||||||
24 | paid, accrued, or incurred, directly or indirectly, to | ||||||
25 | the same foreign person. This subparagraph (EE) is | ||||||
26 | exempt from the provisions of Section 250; |
| |||||||
| |||||||
1 | (FF) An amount equal to any amount awarded to the | ||||||
2 | taxpayer during the taxable year by the Court of | ||||||
3 | Claims under subsection (c) of Section 8 of the Court | ||||||
4 | of Claims Act for time unjustly served in a State | ||||||
5 | prison. This subparagraph (FF) is exempt from the | ||||||
6 | provisions of Section 250; | ||||||
7 | (GG) For taxable years ending on or after December | ||||||
8 | 31, 2011, in the case of a taxpayer who was required to | ||||||
9 | add back any insurance premiums under Section | ||||||
10 | 203(a)(2)(D-19), such taxpayer may elect to subtract | ||||||
11 | that part of a reimbursement received from the | ||||||
12 | insurance company equal to the amount of the expense | ||||||
13 | or loss (including expenses incurred by the insurance | ||||||
14 | company) that would have been taken into account as a | ||||||
15 | deduction for federal income tax purposes if the | ||||||
16 | expense or loss had been uninsured. If a taxpayer | ||||||
17 | makes the election provided for by this subparagraph | ||||||
18 | (GG), the insurer to which the premiums were paid must | ||||||
19 | add back to income the amount subtracted by the | ||||||
20 | taxpayer pursuant to this subparagraph (GG). This | ||||||
21 | subparagraph (GG) is exempt from the provisions of | ||||||
22 | Section 250; and | ||||||
23 | (HH) For taxable years beginning on or after | ||||||
24 | January 1, 2018 and prior to January 1, 2023, a maximum | ||||||
25 | of $10,000 contributed in the taxable year to a | ||||||
26 | qualified ABLE account under Section 16.6 of the State |
| |||||||
| |||||||
1 | Treasurer Act, except that amounts excluded from gross | ||||||
2 | income under Section 529(c)(3)(C)(i) or Section | ||||||
3 | 529A(c)(1)(C) of the Internal Revenue Code shall not | ||||||
4 | be considered moneys contributed under this | ||||||
5 | subparagraph (HH). For purposes of this subparagraph | ||||||
6 | (HH), contributions made by an employer on behalf of | ||||||
7 | an employee, or matching contributions made by an | ||||||
8 | employee, shall be treated as made by the employee. | ||||||
9 | (b) Corporations. | ||||||
10 | (1) In general. In the case of a corporation, base | ||||||
11 | income means an
amount equal to the taxpayer's taxable | ||||||
12 | income for the taxable year as
modified by paragraph (2). | ||||||
13 | (2) Modifications. The taxable income referred to in | ||||||
14 | paragraph (1)
shall be modified by adding thereto the sum | ||||||
15 | of the following amounts: | ||||||
16 | (A) An amount equal to all amounts paid or accrued | ||||||
17 | to the taxpayer
as interest and all distributions | ||||||
18 | received from regulated investment
companies during | ||||||
19 | the taxable year to the extent excluded from gross
| ||||||
20 | income in the computation of taxable income; | ||||||
21 | (B) An amount equal to the amount of tax imposed by | ||||||
22 | this Act to the
extent deducted from gross income in | ||||||
23 | the computation of taxable income
for the taxable | ||||||
24 | year; | ||||||
25 | (C) In the case of a regulated investment company, |
| |||||||
| |||||||
1 | an amount equal to
the excess of (i) the net long-term | ||||||
2 | capital gain for the taxable year, over
(ii) the | ||||||
3 | amount of the capital gain dividends designated as | ||||||
4 | such in accordance
with Section 852(b)(3)(C) of the | ||||||
5 | Internal Revenue Code and any amount
designated under | ||||||
6 | Section 852(b)(3)(D) of the Internal Revenue Code,
| ||||||
7 | attributable to the taxable year (this amendatory Act | ||||||
8 | of 1995
(Public Act 89-89) is declarative of existing | ||||||
9 | law and is not a new
enactment); | ||||||
10 | (D) The amount of any net operating loss deduction | ||||||
11 | taken in arriving
at taxable income, other than a net | ||||||
12 | operating loss carried forward from a
taxable year | ||||||
13 | ending prior to December 31, 1986; | ||||||
14 | (E) For taxable years in which a net operating | ||||||
15 | loss carryback or
carryforward from a taxable year | ||||||
16 | ending prior to December 31, 1986 is an
element of | ||||||
17 | taxable income under paragraph (1) of subsection (e) | ||||||
18 | or
subparagraph (E) of paragraph (2) of subsection | ||||||
19 | (e), the amount by which
addition modifications other | ||||||
20 | than those provided by this subparagraph (E)
exceeded | ||||||
21 | subtraction modifications in such earlier taxable | ||||||
22 | year, with the
following limitations applied in the | ||||||
23 | order that they are listed: | ||||||
24 | (i) the addition modification relating to the | ||||||
25 | net operating loss
carried back or forward to the | ||||||
26 | taxable year from any taxable year ending
prior to |
| |||||||
| |||||||
1 | December 31, 1986 shall be reduced by the amount | ||||||
2 | of addition
modification under this subparagraph | ||||||
3 | (E) which related to that net operating
loss and | ||||||
4 | which was taken into account in calculating the | ||||||
5 | base income of an
earlier taxable year, and | ||||||
6 | (ii) the addition modification relating to the | ||||||
7 | net operating loss
carried back or forward to the | ||||||
8 | taxable year from any taxable year ending
prior to | ||||||
9 | December 31, 1986 shall not exceed the amount of | ||||||
10 | such carryback or
carryforward; | ||||||
11 | For taxable years in which there is a net | ||||||
12 | operating loss carryback or
carryforward from more | ||||||
13 | than one other taxable year ending prior to December
| ||||||
14 | 31, 1986, the addition modification provided in this | ||||||
15 | subparagraph (E) shall
be the sum of the amounts | ||||||
16 | computed independently under the preceding
provisions | ||||||
17 | of this subparagraph (E) for each such taxable year; | ||||||
18 | (E-5) For taxable years ending after December 31, | ||||||
19 | 1997, an
amount equal to any eligible remediation | ||||||
20 | costs that the corporation
deducted in computing | ||||||
21 | adjusted gross income and for which the
corporation | ||||||
22 | claims a credit under subsection (l) of Section 201; | ||||||
23 | (E-10) For taxable years 2001 and thereafter, an | ||||||
24 | amount equal to the
bonus depreciation deduction taken | ||||||
25 | on the taxpayer's federal income tax return for the | ||||||
26 | taxable
year under subsection (k) of Section 168 of |
| |||||||
| |||||||
1 | the Internal Revenue Code; | ||||||
2 | (E-11) If the taxpayer sells, transfers, abandons, | ||||||
3 | or otherwise disposes of property for which the | ||||||
4 | taxpayer was required in any taxable year to
make an | ||||||
5 | addition modification under subparagraph (E-10), then | ||||||
6 | an amount equal
to the aggregate amount of the | ||||||
7 | deductions taken in all taxable
years under | ||||||
8 | subparagraph (T) with respect to that property. | ||||||
9 | If the taxpayer continues to own property through | ||||||
10 | the last day of the last tax year for which a | ||||||
11 | subtraction is allowed with respect to that property | ||||||
12 | under subparagraph (T) and for which the taxpayer was | ||||||
13 | allowed in any taxable year to make a subtraction | ||||||
14 | modification under subparagraph (T), then an amount | ||||||
15 | equal to that subtraction modification.
| ||||||
16 | The taxpayer is required to make the addition | ||||||
17 | modification under this
subparagraph
only once with | ||||||
18 | respect to any one piece of property; | ||||||
19 | (E-12) An amount equal to the amount otherwise | ||||||
20 | allowed as a deduction in computing base income for | ||||||
21 | interest paid, accrued, or incurred, directly or | ||||||
22 | indirectly, (i) for taxable years ending on or after | ||||||
23 | December 31, 2004, to a foreign person who would be a | ||||||
24 | member of the same unitary business group but for the | ||||||
25 | fact the foreign person's business activity outside | ||||||
26 | the United States is 80% or more of the foreign |
| |||||||
| |||||||
1 | person's total business activity and (ii) for taxable | ||||||
2 | years ending on or after December 31, 2008, to a person | ||||||
3 | who would be a member of the same unitary business | ||||||
4 | group but for the fact that the person is prohibited | ||||||
5 | under Section 1501(a)(27) from being included in the | ||||||
6 | unitary business group because he or she is ordinarily | ||||||
7 | required to apportion business income under different | ||||||
8 | subsections of Section 304. The addition modification | ||||||
9 | required by this subparagraph shall be reduced to the | ||||||
10 | extent that dividends were included in base income of | ||||||
11 | the unitary group for the same taxable year and | ||||||
12 | received by the taxpayer or by a member of the | ||||||
13 | taxpayer's unitary business group (including amounts | ||||||
14 | included in gross income pursuant to Sections 951 | ||||||
15 | through 964 of the Internal Revenue Code and amounts | ||||||
16 | included in gross income under Section 78 of the | ||||||
17 | Internal Revenue Code) with respect to the stock of | ||||||
18 | the same person to whom the interest was paid, | ||||||
19 | accrued, or incurred.
| ||||||
20 | This paragraph shall not apply to the following:
| ||||||
21 | (i) an item of interest paid, accrued, or | ||||||
22 | incurred, directly or indirectly, to a person who | ||||||
23 | is subject in a foreign country or state, other | ||||||
24 | than a state which requires mandatory unitary | ||||||
25 | reporting, to a tax on or measured by net income | ||||||
26 | with respect to such interest; or |
| |||||||
| |||||||
1 | (ii) an item of interest paid, accrued, or | ||||||
2 | incurred, directly or indirectly, to a person if | ||||||
3 | the taxpayer can establish, based on a | ||||||
4 | preponderance of the evidence, both of the | ||||||
5 | following: | ||||||
6 | (a) the person, during the same taxable | ||||||
7 | year, paid, accrued, or incurred, the interest | ||||||
8 | to a person that is not a related member, and | ||||||
9 | (b) the transaction giving rise to the | ||||||
10 | interest expense between the taxpayer and the | ||||||
11 | person did not have as a principal purpose the | ||||||
12 | avoidance of Illinois income tax, and is paid | ||||||
13 | pursuant to a contract or agreement that | ||||||
14 | reflects an arm's-length interest rate and | ||||||
15 | terms; or
| ||||||
16 | (iii) the taxpayer can establish, based on | ||||||
17 | clear and convincing evidence, that the interest | ||||||
18 | paid, accrued, or incurred relates to a contract | ||||||
19 | or agreement entered into at arm's-length rates | ||||||
20 | and terms and the principal purpose for the | ||||||
21 | payment is not federal or Illinois tax avoidance; | ||||||
22 | or
| ||||||
23 | (iv) an item of interest paid, accrued, or | ||||||
24 | incurred, directly or indirectly, to a person if | ||||||
25 | the taxpayer establishes by clear and convincing | ||||||
26 | evidence that the adjustments are unreasonable; or |
| |||||||
| |||||||
1 | if the taxpayer and the Director agree in writing | ||||||
2 | to the application or use of an alternative method | ||||||
3 | of apportionment under Section 304(f).
| ||||||
4 | Nothing in this subsection shall preclude the | ||||||
5 | Director from making any other adjustment | ||||||
6 | otherwise allowed under Section 404 of this Act | ||||||
7 | for any tax year beginning after the effective | ||||||
8 | date of this amendment provided such adjustment is | ||||||
9 | made pursuant to regulation adopted by the | ||||||
10 | Department and such regulations provide methods | ||||||
11 | and standards by which the Department will utilize | ||||||
12 | its authority under Section 404 of this Act;
| ||||||
13 | (E-13) An amount equal to the amount of intangible | ||||||
14 | expenses and costs otherwise allowed as a deduction in | ||||||
15 | computing base income, and that were paid, accrued, or | ||||||
16 | incurred, directly or indirectly, (i) for taxable | ||||||
17 | years ending on or after December 31, 2004, to a | ||||||
18 | foreign person who would be a member of the same | ||||||
19 | unitary business group but for the fact that the | ||||||
20 | foreign person's business activity outside the United | ||||||
21 | States is 80% or more of that person's total business | ||||||
22 | activity and (ii) for taxable years ending on or after | ||||||
23 | December 31, 2008, to a person who would be a member of | ||||||
24 | the same unitary business group but for the fact that | ||||||
25 | the person is prohibited under Section 1501(a)(27) | ||||||
26 | from being included in the unitary business group |
| |||||||
| |||||||
1 | because he or she is ordinarily required to apportion | ||||||
2 | business income under different subsections of Section | ||||||
3 | 304. The addition modification required by this | ||||||
4 | subparagraph shall be reduced to the extent that | ||||||
5 | dividends were included in base income of the unitary | ||||||
6 | group for the same taxable year and received by the | ||||||
7 | taxpayer or by a member of the taxpayer's unitary | ||||||
8 | business group (including amounts included in gross | ||||||
9 | income pursuant to Sections 951 through 964 of the | ||||||
10 | Internal Revenue Code and amounts included in gross | ||||||
11 | income under Section 78 of the Internal Revenue Code) | ||||||
12 | with respect to the stock of the same person to whom | ||||||
13 | the intangible expenses and costs were directly or | ||||||
14 | indirectly paid, incurred, or accrued. The preceding | ||||||
15 | sentence shall not apply to the extent that the same | ||||||
16 | dividends caused a reduction to the addition | ||||||
17 | modification required under Section 203(b)(2)(E-12) of | ||||||
18 | this Act.
As used in this subparagraph, the term | ||||||
19 | "intangible expenses and costs" includes (1) expenses, | ||||||
20 | losses, and costs for, or related to, the direct or | ||||||
21 | indirect acquisition, use, maintenance or management, | ||||||
22 | ownership, sale, exchange, or any other disposition of | ||||||
23 | intangible property; (2) losses incurred, directly or | ||||||
24 | indirectly, from factoring transactions or discounting | ||||||
25 | transactions; (3) royalty, patent, technical, and | ||||||
26 | copyright fees; (4) licensing fees; and (5) other |
| |||||||
| |||||||
1 | similar expenses and costs.
For purposes of this | ||||||
2 | subparagraph, "intangible property" includes patents, | ||||||
3 | patent applications, trade names, trademarks, service | ||||||
4 | marks, copyrights, mask works, trade secrets, and | ||||||
5 | similar types of intangible assets. | ||||||
6 | This paragraph shall not apply to the following: | ||||||
7 | (i) any item of intangible expenses or costs | ||||||
8 | paid, accrued, or incurred, directly or | ||||||
9 | indirectly, from a transaction with a person who | ||||||
10 | is subject in a foreign country or state, other | ||||||
11 | than a state which requires mandatory unitary | ||||||
12 | reporting, to a tax on or measured by net income | ||||||
13 | with respect to such item; or | ||||||
14 | (ii) any item of intangible expense or cost | ||||||
15 | paid, accrued, or incurred, directly or | ||||||
16 | indirectly, if the taxpayer can establish, based | ||||||
17 | on a preponderance of the evidence, both of the | ||||||
18 | following: | ||||||
19 | (a) the person during the same taxable | ||||||
20 | year paid, accrued, or incurred, the | ||||||
21 | intangible expense or cost to a person that is | ||||||
22 | not a related member, and | ||||||
23 | (b) the transaction giving rise to the | ||||||
24 | intangible expense or cost between the | ||||||
25 | taxpayer and the person did not have as a | ||||||
26 | principal purpose the avoidance of Illinois |
| |||||||
| |||||||
1 | income tax, and is paid pursuant to a contract | ||||||
2 | or agreement that reflects arm's-length terms; | ||||||
3 | or | ||||||
4 | (iii) any item of intangible expense or cost | ||||||
5 | paid, accrued, or incurred, directly or | ||||||
6 | indirectly, from a transaction with a person if | ||||||
7 | the taxpayer establishes by clear and convincing | ||||||
8 | evidence, that the adjustments are unreasonable; | ||||||
9 | or if the taxpayer and the Director agree in | ||||||
10 | writing to the application or use of an | ||||||
11 | alternative method of apportionment under Section | ||||||
12 | 304(f);
| ||||||
13 | Nothing in this subsection shall preclude the | ||||||
14 | Director from making any other adjustment | ||||||
15 | otherwise allowed under Section 404 of this Act | ||||||
16 | for any tax year beginning after the effective | ||||||
17 | date of this amendment provided such adjustment is | ||||||
18 | made pursuant to regulation adopted by the | ||||||
19 | Department and such regulations provide methods | ||||||
20 | and standards by which the Department will utilize | ||||||
21 | its authority under Section 404 of this Act;
| ||||||
22 | (E-14) For taxable years ending on or after | ||||||
23 | December 31, 2008, an amount equal to the amount of | ||||||
24 | insurance premium expenses and costs otherwise allowed | ||||||
25 | as a deduction in computing base income, and that were | ||||||
26 | paid, accrued, or incurred, directly or indirectly, to |
| |||||||
| |||||||
1 | a person who would be a member of the same unitary | ||||||
2 | business group but for the fact that the person is | ||||||
3 | prohibited under Section 1501(a)(27) from being | ||||||
4 | included in the unitary business group because he or | ||||||
5 | she is ordinarily required to apportion business | ||||||
6 | income under different subsections of Section 304. The | ||||||
7 | addition modification required by this subparagraph | ||||||
8 | shall be reduced to the extent that dividends were | ||||||
9 | included in base income of the unitary group for the | ||||||
10 | same taxable year and received by the taxpayer or by a | ||||||
11 | member of the taxpayer's unitary business group | ||||||
12 | (including amounts included in gross income under | ||||||
13 | Sections 951 through 964 of the Internal Revenue Code | ||||||
14 | and amounts included in gross income under Section 78 | ||||||
15 | of the Internal Revenue Code) with respect to the | ||||||
16 | stock of the same person to whom the premiums and costs | ||||||
17 | were directly or indirectly paid, incurred, or | ||||||
18 | accrued. The preceding sentence does not apply to the | ||||||
19 | extent that the same dividends caused a reduction to | ||||||
20 | the addition modification required under Section | ||||||
21 | 203(b)(2)(E-12) or Section 203(b)(2)(E-13) of this | ||||||
22 | Act;
| ||||||
23 | (E-15) For taxable years beginning after December | ||||||
24 | 31, 2008, any deduction for dividends paid by a | ||||||
25 | captive real estate investment trust that is allowed | ||||||
26 | to a real estate investment trust under Section |
| |||||||
| |||||||
1 | 857(b)(2)(B) of the Internal Revenue Code for | ||||||
2 | dividends paid; | ||||||
3 | (E-16) An amount equal to the credit allowable to | ||||||
4 | the taxpayer under Section 218(a) of this Act, | ||||||
5 | determined without regard to Section 218(c) of this | ||||||
6 | Act; | ||||||
7 | (E-17) For taxable years ending on or after | ||||||
8 | December 31, 2017, an amount equal to the deduction | ||||||
9 | allowed under Section 199 of the Internal Revenue Code | ||||||
10 | for the taxable year; | ||||||
11 | (E-18) for taxable years beginning after December | ||||||
12 | 31, 2018, an amount equal to the deduction allowed | ||||||
13 | under Section 250(a)(1)(A) of the Internal Revenue | ||||||
14 | Code for the taxable year; | ||||||
15 | (E-19) for taxable years ending on or after June | ||||||
16 | 30, 2021, an amount equal to the deduction allowed | ||||||
17 | under Section 250(a)(1)(B)(i) of the Internal Revenue | ||||||
18 | Code for the taxable year; | ||||||
19 | (E-20) for taxable years ending on or after June | ||||||
20 | 30, 2021, an amount equal to the deduction allowed | ||||||
21 | under Sections 243(e) and 245A(a) of the Internal | ||||||
22 | Revenue Code for the taxable year. | ||||||
23 | and by deducting from the total so obtained the sum of the | ||||||
24 | following
amounts: | ||||||
25 | (F) An amount equal to the amount of any tax | ||||||
26 | imposed by this Act
which was refunded to the taxpayer |
| |||||||
| |||||||
1 | and included in such total for the
taxable year; | ||||||
2 | (G) An amount equal to any amount included in such | ||||||
3 | total under
Section 78 of the Internal Revenue Code; | ||||||
4 | (H) In the case of a regulated investment company, | ||||||
5 | an amount equal
to the amount of exempt interest | ||||||
6 | dividends as defined in subsection (b)(5) of Section | ||||||
7 | 852 of the Internal Revenue Code, paid to shareholders
| ||||||
8 | for the taxable year; | ||||||
9 | (I) With the exception of any amounts subtracted | ||||||
10 | under subparagraph
(J),
an amount equal to the sum of | ||||||
11 | all amounts disallowed as
deductions by (i) Sections | ||||||
12 | 171(a)(2) and 265(a)(2) and amounts disallowed as
| ||||||
13 | interest expense by Section 291(a)(3) of the Internal | ||||||
14 | Revenue Code, and all amounts of expenses allocable to | ||||||
15 | interest and
disallowed as deductions by Section | ||||||
16 | 265(a)(1) of the Internal Revenue Code;
and (ii) for | ||||||
17 | taxable years
ending on or after August 13, 1999, | ||||||
18 | Sections
171(a)(2), 265,
280C, 291(a)(3), and | ||||||
19 | 832(b)(5)(B)(i) of the Internal Revenue Code, plus, | ||||||
20 | for tax years ending on or after December 31, 2011, | ||||||
21 | amounts disallowed as deductions by Section 45G(e)(3) | ||||||
22 | of the Internal Revenue Code and, for taxable years | ||||||
23 | ending on or after December 31, 2008, any amount | ||||||
24 | included in gross income under Section 87 of the | ||||||
25 | Internal Revenue Code and the policyholders' share of | ||||||
26 | tax-exempt interest of a life insurance company under |
| |||||||
| |||||||
1 | Section 807(a)(2)(B) of the Internal Revenue Code (in | ||||||
2 | the case of a life insurance company with gross income | ||||||
3 | from a decrease in reserves for the tax year) or | ||||||
4 | Section 807(b)(1)(B) of the Internal Revenue Code (in | ||||||
5 | the case of a life insurance company allowed a | ||||||
6 | deduction for an increase in reserves for the tax | ||||||
7 | year); the
provisions of this
subparagraph are exempt | ||||||
8 | from the provisions of Section 250; | ||||||
9 | (J) An amount equal to all amounts included in | ||||||
10 | such total which are
exempt from taxation by this | ||||||
11 | State either by reason of its statutes or
Constitution
| ||||||
12 | or by reason of the Constitution, treaties or statutes | ||||||
13 | of the United States;
provided that, in the case of any | ||||||
14 | statute of this State that exempts income
derived from | ||||||
15 | bonds or other obligations from the tax imposed under | ||||||
16 | this Act,
the amount exempted shall be the interest | ||||||
17 | net of bond premium amortization; | ||||||
18 | (K) An amount equal to those dividends included in | ||||||
19 | such total
which were paid by a corporation which | ||||||
20 | conducts
business operations in a River Edge | ||||||
21 | Redevelopment Zone or zones created under the River | ||||||
22 | Edge Redevelopment Zone Act and conducts substantially | ||||||
23 | all of its
operations in a River Edge Redevelopment | ||||||
24 | Zone or zones. This subparagraph (K) is exempt from | ||||||
25 | the provisions of Section 250; | ||||||
26 | (L) An amount equal to those dividends included in |
| |||||||
| |||||||
1 | such total that
were paid by a corporation that | ||||||
2 | conducts business operations in a federally
designated | ||||||
3 | Foreign Trade Zone or Sub-Zone and that is designated | ||||||
4 | a High Impact
Business located in Illinois; provided | ||||||
5 | that dividends eligible for the
deduction provided in | ||||||
6 | subparagraph (K) of paragraph 2 of this subsection
| ||||||
7 | shall not be eligible for the deduction provided under | ||||||
8 | this subparagraph
(L); | ||||||
9 | (M) For any taxpayer that is a financial | ||||||
10 | organization within the meaning
of Section 304(c) of | ||||||
11 | this Act, an amount included in such total as interest
| ||||||
12 | income from a loan or loans made by such taxpayer to a | ||||||
13 | borrower, to the extent
that such a loan is secured by | ||||||
14 | property which is eligible for the River Edge | ||||||
15 | Redevelopment Zone Investment Credit. To determine the | ||||||
16 | portion of a loan or loans that is
secured by property | ||||||
17 | eligible for a Section 201(f) investment
credit to the | ||||||
18 | borrower, the entire principal amount of the loan or | ||||||
19 | loans
between the taxpayer and the borrower should be | ||||||
20 | divided into the basis of the
Section 201(f) | ||||||
21 | investment credit property which secures the
loan or | ||||||
22 | loans, using for this purpose the original basis of | ||||||
23 | such property on
the date that it was placed in service | ||||||
24 | in the River Edge Redevelopment Zone. The subtraction | ||||||
25 | modification available to the taxpayer in any
year | ||||||
26 | under this subsection shall be that portion of the |
| |||||||
| |||||||
1 | total interest paid
by the borrower with respect to | ||||||
2 | such loan attributable to the eligible
property as | ||||||
3 | calculated under the previous sentence. This | ||||||
4 | subparagraph (M) is exempt from the provisions of | ||||||
5 | Section 250; | ||||||
6 | (M-1) For any taxpayer that is a financial | ||||||
7 | organization within the
meaning of Section 304(c) of | ||||||
8 | this Act, an amount included in such total as
interest | ||||||
9 | income from a loan or loans made by such taxpayer to a | ||||||
10 | borrower,
to the extent that such a loan is secured by | ||||||
11 | property which is eligible for
the High Impact | ||||||
12 | Business Investment Credit. To determine the portion | ||||||
13 | of a
loan or loans that is secured by property eligible | ||||||
14 | for a Section 201(h) investment credit to the | ||||||
15 | borrower, the entire principal amount of
the loan or | ||||||
16 | loans between the taxpayer and the borrower should be | ||||||
17 | divided into
the basis of the Section 201(h) | ||||||
18 | investment credit property which
secures the loan or | ||||||
19 | loans, using for this purpose the original basis of | ||||||
20 | such
property on the date that it was placed in service | ||||||
21 | in a federally designated
Foreign Trade Zone or | ||||||
22 | Sub-Zone located in Illinois. No taxpayer that is
| ||||||
23 | eligible for the deduction provided in subparagraph | ||||||
24 | (M) of paragraph (2) of
this subsection shall be | ||||||
25 | eligible for the deduction provided under this
| ||||||
26 | subparagraph (M-1). The subtraction modification |
| |||||||
| |||||||
1 | available to taxpayers in
any year under this | ||||||
2 | subsection shall be that portion of the total interest
| ||||||
3 | paid by the borrower with respect to such loan | ||||||
4 | attributable to the eligible
property as calculated | ||||||
5 | under the previous sentence; | ||||||
6 | (N) Two times any contribution made during the | ||||||
7 | taxable year to a
designated zone organization to the | ||||||
8 | extent that the contribution (i)
qualifies as a | ||||||
9 | charitable contribution under subsection (c) of | ||||||
10 | Section 170
of the Internal Revenue Code and (ii) | ||||||
11 | must, by its terms, be used for a
project approved by | ||||||
12 | the Department of Commerce and Economic Opportunity | ||||||
13 | under Section 11 of the Illinois Enterprise Zone Act | ||||||
14 | or under Section 10-10 of the River Edge Redevelopment | ||||||
15 | Zone Act. This subparagraph (N) is exempt from the | ||||||
16 | provisions of Section 250; | ||||||
17 | (O) An amount equal to: (i) 85% for taxable years | ||||||
18 | ending on or before
December 31, 1992, or, a | ||||||
19 | percentage equal to the percentage allowable under
| ||||||
20 | Section 243(a)(1) of the Internal Revenue Code of 1986 | ||||||
21 | for taxable years ending
after December 31, 1992, of | ||||||
22 | the amount by which dividends included in taxable
| ||||||
23 | income and received from a corporation that is not | ||||||
24 | created or organized under
the laws of the United | ||||||
25 | States or any state or political subdivision thereof,
| ||||||
26 | including, for taxable years ending on or after |
| |||||||
| |||||||
1 | December 31, 1988, dividends
received or deemed | ||||||
2 | received or paid or deemed paid under Sections 951 | ||||||
3 | through
965 of the Internal Revenue Code, exceed the | ||||||
4 | amount of the modification
provided under subparagraph | ||||||
5 | (G) of paragraph (2) of this subsection (b) which
is | ||||||
6 | related to such dividends, and including, for taxable | ||||||
7 | years ending on or after December 31, 2008, dividends | ||||||
8 | received from a captive real estate investment trust; | ||||||
9 | plus (ii) 100% of the amount by which dividends,
| ||||||
10 | included in taxable income and received, including, | ||||||
11 | for taxable years ending on
or after December 31, | ||||||
12 | 1988, dividends received or deemed received or paid or
| ||||||
13 | deemed paid under Sections 951 through 964 of the | ||||||
14 | Internal Revenue Code and including, for taxable years | ||||||
15 | ending on or after December 31, 2008, dividends | ||||||
16 | received from a captive real estate investment trust, | ||||||
17 | from
any such corporation specified in clause (i) that | ||||||
18 | would but for the provisions
of Section 1504(b)(3) of | ||||||
19 | the Internal Revenue Code be treated as a member of
the | ||||||
20 | affiliated group which includes the dividend | ||||||
21 | recipient, exceed the amount
of the modification | ||||||
22 | provided under subparagraph (G) of paragraph (2) of | ||||||
23 | this
subsection (b) which is related to such | ||||||
24 | dividends. For taxable years ending on or after June | ||||||
25 | 30, 2021, (i) for purposes of this subparagraph, the | ||||||
26 | term "dividend" does not include any amount treated as |
| |||||||
| |||||||
1 | a dividend under Section 1248 of the Internal Revenue | ||||||
2 | Code, and (ii) this subparagraph shall not apply to | ||||||
3 | dividends for which a deduction is allowed under | ||||||
4 | Section 245(a) of the Internal Revenue Code. This | ||||||
5 | subparagraph (O) is exempt from the provisions of | ||||||
6 | Section 250 of this Act; | ||||||
7 | (P) An amount equal to any contribution made to a | ||||||
8 | job training project
established pursuant to the Tax | ||||||
9 | Increment Allocation Redevelopment Act; | ||||||
10 | (Q) An amount equal to the amount of the deduction | ||||||
11 | used to compute the
federal income tax credit for | ||||||
12 | restoration of substantial amounts held under
claim of | ||||||
13 | right for the taxable year pursuant to Section 1341 of | ||||||
14 | the
Internal Revenue Code; | ||||||
15 | (R) On and after July 20, 1999, in the case of an | ||||||
16 | attorney-in-fact with respect to whom an
interinsurer | ||||||
17 | or a reciprocal insurer has made the election under | ||||||
18 | Section 835 of
the Internal Revenue Code, 26 U.S.C. | ||||||
19 | 835, an amount equal to the excess, if
any, of the | ||||||
20 | amounts paid or incurred by that interinsurer or | ||||||
21 | reciprocal insurer
in the taxable year to the | ||||||
22 | attorney-in-fact over the deduction allowed to that
| ||||||
23 | interinsurer or reciprocal insurer with respect to the | ||||||
24 | attorney-in-fact under
Section 835(b) of the Internal | ||||||
25 | Revenue Code for the taxable year; the provisions of | ||||||
26 | this subparagraph are exempt from the provisions of |
| |||||||
| |||||||
1 | Section 250; | ||||||
2 | (S) For taxable years ending on or after December | ||||||
3 | 31, 1997, in the
case of a Subchapter
S corporation, an | ||||||
4 | amount equal to all amounts of income allocable to a
| ||||||
5 | shareholder subject to the Personal Property Tax | ||||||
6 | Replacement Income Tax imposed
by subsections (c) and | ||||||
7 | (d) of Section 201 of this Act, including amounts
| ||||||
8 | allocable to organizations exempt from federal income | ||||||
9 | tax by reason of Section
501(a) of the Internal | ||||||
10 | Revenue Code. This subparagraph (S) is exempt from
the | ||||||
11 | provisions of Section 250; | ||||||
12 | (T) For taxable years 2001 and thereafter, for the | ||||||
13 | taxable year in
which the bonus depreciation deduction
| ||||||
14 | is taken on the taxpayer's federal income tax return | ||||||
15 | under
subsection (k) of Section 168 of the Internal | ||||||
16 | Revenue Code and for each
applicable taxable year | ||||||
17 | thereafter, an amount equal to "x", where: | ||||||
18 | (1) "y" equals the amount of the depreciation | ||||||
19 | deduction taken for the
taxable year
on the | ||||||
20 | taxpayer's federal income tax return on property | ||||||
21 | for which the bonus
depreciation deduction
was | ||||||
22 | taken in any year under subsection (k) of Section | ||||||
23 | 168 of the Internal
Revenue Code, but not | ||||||
24 | including the bonus depreciation deduction; | ||||||
25 | (2) for taxable years ending on or before | ||||||
26 | December 31, 2005, "x" equals "y" multiplied by 30 |
| |||||||
| |||||||
1 | and then divided by 70 (or "y"
multiplied by | ||||||
2 | 0.429); and | ||||||
3 | (3) for taxable years ending after December | ||||||
4 | 31, 2005: | ||||||
5 | (i) for property on which a bonus | ||||||
6 | depreciation deduction of 30% of the adjusted | ||||||
7 | basis was taken, "x" equals "y" multiplied by | ||||||
8 | 30 and then divided by 70 (or "y"
multiplied | ||||||
9 | by 0.429); | ||||||
10 | (ii) for property on which a bonus | ||||||
11 | depreciation deduction of 50% of the adjusted | ||||||
12 | basis was taken, "x" equals "y" multiplied by | ||||||
13 | 1.0; | ||||||
14 | (iii) for property on which a bonus | ||||||
15 | depreciation deduction of 100% of the adjusted | ||||||
16 | basis was taken in a taxable year ending on or | ||||||
17 | after December 31, 2021, "x" equals the | ||||||
18 | depreciation deduction that would be allowed | ||||||
19 | on that property if the taxpayer had made the | ||||||
20 | election under Section 168(k)(7) of the | ||||||
21 | Internal Revenue Code to not claim bonus | ||||||
22 | depreciation deprecation on that property; and | ||||||
23 | (iv) for property on which a bonus | ||||||
24 | depreciation deduction of a percentage other | ||||||
25 | than 30%, 50% or 100% of the adjusted basis | ||||||
26 | was taken in a taxable year ending on or after |
| |||||||
| |||||||
1 | December 31, 2021, "x" equals "y" multiplied | ||||||
2 | by 100 times the percentage bonus depreciation | ||||||
3 | on the property (that is, 100(bonus%)) and | ||||||
4 | then divided by 100 times 1 minus the | ||||||
5 | percentage bonus depreciation on the property | ||||||
6 | (that is, 100(1–bonus%)). | ||||||
7 | The aggregate amount deducted under this | ||||||
8 | subparagraph in all taxable
years for any one piece of | ||||||
9 | property may not exceed the amount of the bonus
| ||||||
10 | depreciation deduction
taken on that property on the | ||||||
11 | taxpayer's federal income tax return under
subsection | ||||||
12 | (k) of Section 168 of the Internal Revenue Code. This | ||||||
13 | subparagraph (T) is exempt from the provisions of | ||||||
14 | Section 250; | ||||||
15 | (U) If the taxpayer sells, transfers, abandons, or | ||||||
16 | otherwise disposes of
property for which the taxpayer | ||||||
17 | was required in any taxable year to make an
addition | ||||||
18 | modification under subparagraph (E-10), then an amount | ||||||
19 | equal to that
addition modification. | ||||||
20 | If the taxpayer continues to own property through | ||||||
21 | the last day of the last tax year for which a | ||||||
22 | subtraction is allowed with respect to that property | ||||||
23 | under subparagraph (T) and for which the taxpayer was | ||||||
24 | required in any taxable year to make an addition | ||||||
25 | modification under subparagraph (E-10), then an amount | ||||||
26 | equal to that addition modification.
|
| |||||||
| |||||||
1 | The taxpayer is allowed to take the deduction | ||||||
2 | under this subparagraph
only once with respect to any | ||||||
3 | one piece of property. | ||||||
4 | This subparagraph (U) is exempt from the | ||||||
5 | provisions of Section 250; | ||||||
6 | (V) The amount of: (i) any interest income (net of | ||||||
7 | the deductions allocable thereto) taken into account | ||||||
8 | for the taxable year with respect to a transaction | ||||||
9 | with a taxpayer that is required to make an addition | ||||||
10 | modification with respect to such transaction under | ||||||
11 | Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||||||
12 | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||||||
13 | the amount of such addition modification,
(ii) any | ||||||
14 | income from intangible property (net of the deductions | ||||||
15 | allocable thereto) taken into account for the taxable | ||||||
16 | year with respect to a transaction with a taxpayer | ||||||
17 | that is required to make an addition modification with | ||||||
18 | respect to such transaction under Section | ||||||
19 | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||||||
20 | 203(d)(2)(D-8), but not to exceed the amount of such | ||||||
21 | addition modification, and (iii) any insurance premium | ||||||
22 | income (net of deductions allocable thereto) taken | ||||||
23 | into account for the taxable year with respect to a | ||||||
24 | transaction with a taxpayer that is required to make | ||||||
25 | an addition modification with respect to such | ||||||
26 | transaction under Section 203(a)(2)(D-19), Section |
| |||||||
| |||||||
1 | 203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section | ||||||
2 | 203(d)(2)(D-9), but not to exceed the amount of that | ||||||
3 | addition modification. This subparagraph (V) is exempt | ||||||
4 | from the provisions of Section 250;
| ||||||
5 | (W) An amount equal to the interest income taken | ||||||
6 | into account for the taxable year (net of the | ||||||
7 | deductions allocable thereto) with respect to | ||||||
8 | transactions with (i) a foreign person who would be a | ||||||
9 | member of the taxpayer's unitary business group but | ||||||
10 | for the fact that the foreign person's business | ||||||
11 | activity outside the United States is 80% or more of | ||||||
12 | that person's total business activity and (ii) for | ||||||
13 | taxable years ending on or after December 31, 2008, to | ||||||
14 | a person who would be a member of the same unitary | ||||||
15 | business group but for the fact that the person is | ||||||
16 | prohibited under Section 1501(a)(27) from being | ||||||
17 | included in the unitary business group because he or | ||||||
18 | she is ordinarily required to apportion business | ||||||
19 | income under different subsections of Section 304, but | ||||||
20 | not to exceed the addition modification required to be | ||||||
21 | made for the same taxable year under Section | ||||||
22 | 203(b)(2)(E-12) for interest paid, accrued, or | ||||||
23 | incurred, directly or indirectly, to the same person. | ||||||
24 | This subparagraph (W) is exempt from the provisions of | ||||||
25 | Section 250;
| ||||||
26 | (X) An amount equal to the income from intangible |
| |||||||
| |||||||
1 | property taken into account for the taxable year (net | ||||||
2 | of the deductions allocable thereto) with respect to | ||||||
3 | transactions with (i) a foreign person who would be a | ||||||
4 | member of the taxpayer's unitary business group but | ||||||
5 | for the fact that the foreign person's business | ||||||
6 | activity outside the United States is 80% or more of | ||||||
7 | that person's total business activity and (ii) for | ||||||
8 | taxable years ending on or after December 31, 2008, to | ||||||
9 | a person who would be a member of the same unitary | ||||||
10 | business group but for the fact that the person is | ||||||
11 | prohibited under Section 1501(a)(27) from being | ||||||
12 | included in the unitary business group because he or | ||||||
13 | she is ordinarily required to apportion business | ||||||
14 | income under different subsections of Section 304, but | ||||||
15 | not to exceed the addition modification required to be | ||||||
16 | made for the same taxable year under Section | ||||||
17 | 203(b)(2)(E-13) for intangible expenses and costs | ||||||
18 | paid, accrued, or incurred, directly or indirectly, to | ||||||
19 | the same foreign person. This subparagraph (X) is | ||||||
20 | exempt from the provisions of Section 250;
| ||||||
21 | (Y) For taxable years ending on or after December | ||||||
22 | 31, 2011, in the case of a taxpayer who was required to | ||||||
23 | add back any insurance premiums under Section | ||||||
24 | 203(b)(2)(E-14), such taxpayer may elect to subtract | ||||||
25 | that part of a reimbursement received from the | ||||||
26 | insurance company equal to the amount of the expense |
| |||||||
| |||||||
1 | or loss (including expenses incurred by the insurance | ||||||
2 | company) that would have been taken into account as a | ||||||
3 | deduction for federal income tax purposes if the | ||||||
4 | expense or loss had been uninsured. If a taxpayer | ||||||
5 | makes the election provided for by this subparagraph | ||||||
6 | (Y), the insurer to which the premiums were paid must | ||||||
7 | add back to income the amount subtracted by the | ||||||
8 | taxpayer pursuant to this subparagraph (Y). This | ||||||
9 | subparagraph (Y) is exempt from the provisions of | ||||||
10 | Section 250; and | ||||||
11 | (Z) The difference between the nondeductible | ||||||
12 | controlled foreign corporation dividends under Section | ||||||
13 | 965(e)(3) of the Internal Revenue Code over the | ||||||
14 | taxable income of the taxpayer, computed without | ||||||
15 | regard to Section 965(e)(2)(A) of the Internal Revenue | ||||||
16 | Code, and without regard to any net operating loss | ||||||
17 | deduction. This subparagraph (Z) is exempt from the | ||||||
18 | provisions of Section 250. | ||||||
19 | (3) Special rule. For purposes of paragraph (2)(A), | ||||||
20 | "gross income"
in the case of a life insurance company, | ||||||
21 | for tax years ending on and after
December 31, 1994,
and | ||||||
22 | prior to December 31, 2011, shall mean the gross | ||||||
23 | investment income for the taxable year and, for tax years | ||||||
24 | ending on or after December 31, 2011, shall mean all | ||||||
25 | amounts included in life insurance gross income under | ||||||
26 | Section 803(a)(3) of the Internal Revenue Code. |
| |||||||
| |||||||
1 | (c) Trusts and estates. | ||||||
2 | (1) In general. In the case of a trust or estate, base | ||||||
3 | income means
an amount equal to the taxpayer's taxable | ||||||
4 | income for the taxable year as
modified by paragraph (2). | ||||||
5 | (2) Modifications. Subject to the provisions of | ||||||
6 | paragraph (3), the
taxable income referred to in paragraph | ||||||
7 | (1) shall be modified by adding
thereto the sum of the | ||||||
8 | following amounts: | ||||||
9 | (A) An amount equal to all amounts paid or accrued | ||||||
10 | to the taxpayer
as interest or dividends during the | ||||||
11 | taxable year to the extent excluded
from gross income | ||||||
12 | in the computation of taxable income; | ||||||
13 | (B) In the case of (i) an estate, $600; (ii) a | ||||||
14 | trust which, under
its governing instrument, is | ||||||
15 | required to distribute all of its income
currently, | ||||||
16 | $300; and (iii) any other trust, $100, but in each such | ||||||
17 | case,
only to the extent such amount was deducted in | ||||||
18 | the computation of
taxable income; | ||||||
19 | (C) An amount equal to the amount of tax imposed by | ||||||
20 | this Act to the
extent deducted from gross income in | ||||||
21 | the computation of taxable income
for the taxable | ||||||
22 | year; | ||||||
23 | (D) The amount of any net operating loss deduction | ||||||
24 | taken in arriving at
taxable income, other than a net | ||||||
25 | operating loss carried forward from a
taxable year |
| |||||||
| |||||||
1 | ending prior to December 31, 1986; | ||||||
2 | (E) For taxable years in which a net operating | ||||||
3 | loss carryback or
carryforward from a taxable year | ||||||
4 | ending prior to December 31, 1986 is an
element of | ||||||
5 | taxable income under paragraph (1) of subsection (e) | ||||||
6 | or subparagraph
(E) of paragraph (2) of subsection | ||||||
7 | (e), the amount by which addition
modifications other | ||||||
8 | than those provided by this subparagraph (E) exceeded
| ||||||
9 | subtraction modifications in such taxable year, with | ||||||
10 | the following limitations
applied in the order that | ||||||
11 | they are listed: | ||||||
12 | (i) the addition modification relating to the | ||||||
13 | net operating loss
carried back or forward to the | ||||||
14 | taxable year from any taxable year ending
prior to | ||||||
15 | December 31, 1986 shall be reduced by the amount | ||||||
16 | of addition
modification under this subparagraph | ||||||
17 | (E) which related to that net
operating loss and | ||||||
18 | which was taken into account in calculating the | ||||||
19 | base
income of an earlier taxable year, and | ||||||
20 | (ii) the addition modification relating to the | ||||||
21 | net operating loss
carried back or forward to the | ||||||
22 | taxable year from any taxable year ending
prior to | ||||||
23 | December 31, 1986 shall not exceed the amount of | ||||||
24 | such carryback or
carryforward; | ||||||
25 | For taxable years in which there is a net | ||||||
26 | operating loss carryback or
carryforward from more |
| |||||||
| |||||||
1 | than one other taxable year ending prior to December
| ||||||
2 | 31, 1986, the addition modification provided in this | ||||||
3 | subparagraph (E) shall
be the sum of the amounts | ||||||
4 | computed independently under the preceding
provisions | ||||||
5 | of this subparagraph (E) for each such taxable year; | ||||||
6 | (F) For taxable years ending on or after January | ||||||
7 | 1, 1989, an amount
equal to the tax deducted pursuant | ||||||
8 | to Section 164 of the Internal Revenue
Code if the | ||||||
9 | trust or estate is claiming the same tax for purposes | ||||||
10 | of the
Illinois foreign tax credit under Section 601 | ||||||
11 | of this Act; | ||||||
12 | (G) An amount equal to the amount of the capital | ||||||
13 | gain deduction
allowable under the Internal Revenue | ||||||
14 | Code, to the extent deducted from
gross income in the | ||||||
15 | computation of taxable income; | ||||||
16 | (G-5) For taxable years ending after December 31, | ||||||
17 | 1997, an
amount equal to any eligible remediation | ||||||
18 | costs that the trust or estate
deducted in computing | ||||||
19 | adjusted gross income and for which the trust
or | ||||||
20 | estate claims a credit under subsection (l) of Section | ||||||
21 | 201; | ||||||
22 | (G-10) For taxable years 2001 and thereafter, an | ||||||
23 | amount equal to the
bonus depreciation deduction taken | ||||||
24 | on the taxpayer's federal income tax return for the | ||||||
25 | taxable
year under subsection (k) of Section 168 of | ||||||
26 | the Internal Revenue Code; and |
| |||||||
| |||||||
1 | (G-11) If the taxpayer sells, transfers, abandons, | ||||||
2 | or otherwise disposes of property for which the | ||||||
3 | taxpayer was required in any taxable year to
make an | ||||||
4 | addition modification under subparagraph (G-10), then | ||||||
5 | an amount equal
to the aggregate amount of the | ||||||
6 | deductions taken in all taxable
years under | ||||||
7 | subparagraph (R) with respect to that property. | ||||||
8 | If the taxpayer continues to own property through | ||||||
9 | the last day of the last tax year for which a | ||||||
10 | subtraction is allowed with respect to that property | ||||||
11 | under subparagraph (R) and for which the taxpayer was | ||||||
12 | allowed in any taxable year to make a subtraction | ||||||
13 | modification under subparagraph (R), then an amount | ||||||
14 | equal to that subtraction modification.
| ||||||
15 | The taxpayer is required to make the addition | ||||||
16 | modification under this
subparagraph
only once with | ||||||
17 | respect to any one piece of property; | ||||||
18 | (G-12) An amount equal to the amount otherwise | ||||||
19 | allowed as a deduction in computing base income for | ||||||
20 | interest paid, accrued, or incurred, directly or | ||||||
21 | indirectly, (i) for taxable years ending on or after | ||||||
22 | December 31, 2004, to a foreign person who would be a | ||||||
23 | member of the same unitary business group but for the | ||||||
24 | fact that the foreign person's business activity | ||||||
25 | outside the United States is 80% or more of the foreign | ||||||
26 | person's total business activity and (ii) for taxable |
| |||||||
| |||||||
1 | years ending on or after December 31, 2008, to a person | ||||||
2 | who would be a member of the same unitary business | ||||||
3 | group but for the fact that the person is prohibited | ||||||
4 | under Section 1501(a)(27) from being included in the | ||||||
5 | unitary business group because he or she is ordinarily | ||||||
6 | required to apportion business income under different | ||||||
7 | subsections of Section 304. The addition modification | ||||||
8 | required by this subparagraph shall be reduced to the | ||||||
9 | extent that dividends were included in base income of | ||||||
10 | the unitary group for the same taxable year and | ||||||
11 | received by the taxpayer or by a member of the | ||||||
12 | taxpayer's unitary business group (including amounts | ||||||
13 | included in gross income pursuant to Sections 951 | ||||||
14 | through 964 of the Internal Revenue Code and amounts | ||||||
15 | included in gross income under Section 78 of the | ||||||
16 | Internal Revenue Code) with respect to the stock of | ||||||
17 | the same person to whom the interest was paid, | ||||||
18 | accrued, or incurred.
| ||||||
19 | This paragraph shall not apply to the following:
| ||||||
20 | (i) an item of interest paid, accrued, or | ||||||
21 | incurred, directly or indirectly, to a person who | ||||||
22 | is subject in a foreign country or state, other | ||||||
23 | than a state which requires mandatory unitary | ||||||
24 | reporting, to a tax on or measured by net income | ||||||
25 | with respect to such interest; or | ||||||
26 | (ii) an item of interest paid, accrued, or |
| |||||||
| |||||||
1 | incurred, directly or indirectly, to a person if | ||||||
2 | the taxpayer can establish, based on a | ||||||
3 | preponderance of the evidence, both of the | ||||||
4 | following: | ||||||
5 | (a) the person, during the same taxable | ||||||
6 | year, paid, accrued, or incurred, the interest | ||||||
7 | to a person that is not a related member, and | ||||||
8 | (b) the transaction giving rise to the | ||||||
9 | interest expense between the taxpayer and the | ||||||
10 | person did not have as a principal purpose the | ||||||
11 | avoidance of Illinois income tax, and is paid | ||||||
12 | pursuant to a contract or agreement that | ||||||
13 | reflects an arm's-length interest rate and | ||||||
14 | terms; or
| ||||||
15 | (iii) the taxpayer can establish, based on | ||||||
16 | clear and convincing evidence, that the interest | ||||||
17 | paid, accrued, or incurred relates to a contract | ||||||
18 | or agreement entered into at arm's-length rates | ||||||
19 | and terms and the principal purpose for the | ||||||
20 | payment is not federal or Illinois tax avoidance; | ||||||
21 | or
| ||||||
22 | (iv) an item of interest paid, accrued, or | ||||||
23 | incurred, directly or indirectly, to a person if | ||||||
24 | the taxpayer establishes by clear and convincing | ||||||
25 | evidence that the adjustments are unreasonable; or | ||||||
26 | if the taxpayer and the Director agree in writing |
| |||||||
| |||||||
1 | to the application or use of an alternative method | ||||||
2 | of apportionment under Section 304(f).
| ||||||
3 | Nothing in this subsection shall preclude the | ||||||
4 | Director from making any other adjustment | ||||||
5 | otherwise allowed under Section 404 of this Act | ||||||
6 | for any tax year beginning after the effective | ||||||
7 | date of this amendment provided such adjustment is | ||||||
8 | made pursuant to regulation adopted by the | ||||||
9 | Department and such regulations provide methods | ||||||
10 | and standards by which the Department will utilize | ||||||
11 | its authority under Section 404 of this Act;
| ||||||
12 | (G-13) An amount equal to the amount of intangible | ||||||
13 | expenses and costs otherwise allowed as a deduction in | ||||||
14 | computing base income, and that were paid, accrued, or | ||||||
15 | incurred, directly or indirectly, (i) for taxable | ||||||
16 | years ending on or after December 31, 2004, to a | ||||||
17 | foreign person who would be a member of the same | ||||||
18 | unitary business group but for the fact that the | ||||||
19 | foreign person's business activity outside the United | ||||||
20 | States is 80% or more of that person's total business | ||||||
21 | activity and (ii) for taxable years ending on or after | ||||||
22 | December 31, 2008, to a person who would be a member of | ||||||
23 | the same unitary business group but for the fact that | ||||||
24 | the person is prohibited under Section 1501(a)(27) | ||||||
25 | from being included in the unitary business group | ||||||
26 | because he or she is ordinarily required to apportion |
| |||||||
| |||||||
1 | business income under different subsections of Section | ||||||
2 | 304. The addition modification required by this | ||||||
3 | subparagraph shall be reduced to the extent that | ||||||
4 | dividends were included in base income of the unitary | ||||||
5 | group for the same taxable year and received by the | ||||||
6 | taxpayer or by a member of the taxpayer's unitary | ||||||
7 | business group (including amounts included in gross | ||||||
8 | income pursuant to Sections 951 through 964 of the | ||||||
9 | Internal Revenue Code and amounts included in gross | ||||||
10 | income under Section 78 of the Internal Revenue Code) | ||||||
11 | with respect to the stock of the same person to whom | ||||||
12 | the intangible expenses and costs were directly or | ||||||
13 | indirectly paid, incurred, or accrued. The preceding | ||||||
14 | sentence shall not apply to the extent that the same | ||||||
15 | dividends caused a reduction to the addition | ||||||
16 | modification required under Section 203(c)(2)(G-12) of | ||||||
17 | this Act. As used in this subparagraph, the term | ||||||
18 | "intangible expenses and costs" includes: (1) | ||||||
19 | expenses, losses, and costs for or related to the | ||||||
20 | direct or indirect acquisition, use, maintenance or | ||||||
21 | management, ownership, sale, exchange, or any other | ||||||
22 | disposition of intangible property; (2) losses | ||||||
23 | incurred, directly or indirectly, from factoring | ||||||
24 | transactions or discounting transactions; (3) royalty, | ||||||
25 | patent, technical, and copyright fees; (4) licensing | ||||||
26 | fees; and (5) other similar expenses and costs. For |
| |||||||
| |||||||
1 | purposes of this subparagraph, "intangible property" | ||||||
2 | includes patents, patent applications, trade names, | ||||||
3 | trademarks, service marks, copyrights, mask works, | ||||||
4 | trade secrets, and similar types of intangible assets. | ||||||
5 | This paragraph shall not apply to the following: | ||||||
6 | (i) any item of intangible expenses or costs | ||||||
7 | paid, accrued, or incurred, directly or | ||||||
8 | indirectly, from a transaction with a person who | ||||||
9 | is subject in a foreign country or state, other | ||||||
10 | than a state which requires mandatory unitary | ||||||
11 | reporting, to a tax on or measured by net income | ||||||
12 | with respect to such item; or | ||||||
13 | (ii) any item of intangible expense or cost | ||||||
14 | paid, accrued, or incurred, directly or | ||||||
15 | indirectly, if the taxpayer can establish, based | ||||||
16 | on a preponderance of the evidence, both of the | ||||||
17 | following: | ||||||
18 | (a) the person during the same taxable | ||||||
19 | year paid, accrued, or incurred, the | ||||||
20 | intangible expense or cost to a person that is | ||||||
21 | not a related member, and | ||||||
22 | (b) the transaction giving rise to the | ||||||
23 | intangible expense or cost between the | ||||||
24 | taxpayer and the person did not have as a | ||||||
25 | principal purpose the avoidance of Illinois | ||||||
26 | income tax, and is paid pursuant to a contract |
| |||||||
| |||||||
1 | or agreement that reflects arm's-length terms; | ||||||
2 | or | ||||||
3 | (iii) any item of intangible expense or cost | ||||||
4 | paid, accrued, or incurred, directly or | ||||||
5 | indirectly, from a transaction with a person if | ||||||
6 | the taxpayer establishes by clear and convincing | ||||||
7 | evidence, that the adjustments are unreasonable; | ||||||
8 | or if the taxpayer and the Director agree in | ||||||
9 | writing to the application or use of an | ||||||
10 | alternative method of apportionment under Section | ||||||
11 | 304(f);
| ||||||
12 | Nothing in this subsection shall preclude the | ||||||
13 | Director from making any other adjustment | ||||||
14 | otherwise allowed under Section 404 of this Act | ||||||
15 | for any tax year beginning after the effective | ||||||
16 | date of this amendment provided such adjustment is | ||||||
17 | made pursuant to regulation adopted by the | ||||||
18 | Department and such regulations provide methods | ||||||
19 | and standards by which the Department will utilize | ||||||
20 | its authority under Section 404 of this Act;
| ||||||
21 | (G-14) For taxable years ending on or after | ||||||
22 | December 31, 2008, an amount equal to the amount of | ||||||
23 | insurance premium expenses and costs otherwise allowed | ||||||
24 | as a deduction in computing base income, and that were | ||||||
25 | paid, accrued, or incurred, directly or indirectly, to | ||||||
26 | a person who would be a member of the same unitary |
| |||||||
| |||||||
1 | business group but for the fact that the person is | ||||||
2 | prohibited under Section 1501(a)(27) from being | ||||||
3 | included in the unitary business group because he or | ||||||
4 | she is ordinarily required to apportion business | ||||||
5 | income under different subsections of Section 304. The | ||||||
6 | addition modification required by this subparagraph | ||||||
7 | shall be reduced to the extent that dividends were | ||||||
8 | included in base income of the unitary group for the | ||||||
9 | same taxable year and received by the taxpayer or by a | ||||||
10 | member of the taxpayer's unitary business group | ||||||
11 | (including amounts included in gross income under | ||||||
12 | Sections 951 through 964 of the Internal Revenue Code | ||||||
13 | and amounts included in gross income under Section 78 | ||||||
14 | of the Internal Revenue Code) with respect to the | ||||||
15 | stock of the same person to whom the premiums and costs | ||||||
16 | were directly or indirectly paid, incurred, or | ||||||
17 | accrued. The preceding sentence does not apply to the | ||||||
18 | extent that the same dividends caused a reduction to | ||||||
19 | the addition modification required under Section | ||||||
20 | 203(c)(2)(G-12) or Section 203(c)(2)(G-13) of this | ||||||
21 | Act; | ||||||
22 | (G-15) An amount equal to the credit allowable to | ||||||
23 | the taxpayer under Section 218(a) of this Act, | ||||||
24 | determined without regard to Section 218(c) of this | ||||||
25 | Act; | ||||||
26 | (G-16) For taxable years ending on or after |
| |||||||
| |||||||
1 | December 31, 2017, an amount equal to the deduction | ||||||
2 | allowed under Section 199 of the Internal Revenue Code | ||||||
3 | for the taxable year; | ||||||
4 | and by deducting from the total so obtained the sum of the | ||||||
5 | following
amounts: | ||||||
6 | (H) An amount equal to all amounts included in | ||||||
7 | such total pursuant
to the provisions of Sections | ||||||
8 | 402(a), 402(c), 403(a), 403(b), 406(a), 407(a)
and 408 | ||||||
9 | of the Internal Revenue Code or included in such total | ||||||
10 | as
distributions under the provisions of any | ||||||
11 | retirement or disability plan for
employees of any | ||||||
12 | governmental agency or unit, or retirement payments to
| ||||||
13 | retired partners, which payments are excluded in | ||||||
14 | computing net earnings
from self employment by Section | ||||||
15 | 1402 of the Internal Revenue Code and
regulations | ||||||
16 | adopted pursuant thereto; | ||||||
17 | (I) The valuation limitation amount; | ||||||
18 | (J) An amount equal to the amount of any tax | ||||||
19 | imposed by this Act
which was refunded to the taxpayer | ||||||
20 | and included in such total for the
taxable year; | ||||||
21 | (K) An amount equal to all amounts included in | ||||||
22 | taxable income as
modified by subparagraphs (A), (B), | ||||||
23 | (C), (D), (E), (F) and (G) which
are exempt from | ||||||
24 | taxation by this State either by reason of its | ||||||
25 | statutes or
Constitution
or by reason of the | ||||||
26 | Constitution, treaties or statutes of the United |
| |||||||
| |||||||
1 | States;
provided that, in the case of any statute of | ||||||
2 | this State that exempts income
derived from bonds or | ||||||
3 | other obligations from the tax imposed under this Act,
| ||||||
4 | the amount exempted shall be the interest net of bond | ||||||
5 | premium amortization; | ||||||
6 | (L) With the exception of any amounts subtracted | ||||||
7 | under subparagraph
(K),
an amount equal to the sum of | ||||||
8 | all amounts disallowed as
deductions by (i) Sections | ||||||
9 | 171(a)(2) and 265(a)(2) of the Internal Revenue
Code, | ||||||
10 | and all amounts of expenses allocable
to interest and | ||||||
11 | disallowed as deductions by Section 265(a)(1) of the | ||||||
12 | Internal
Revenue Code;
and (ii) for taxable years
| ||||||
13 | ending on or after August 13, 1999, Sections
| ||||||
14 | 171(a)(2), 265,
280C, and 832(b)(5)(B)(i) of the | ||||||
15 | Internal Revenue Code, plus, (iii) for taxable years | ||||||
16 | ending on or after December 31, 2011, Section | ||||||
17 | 45G(e)(3) of the Internal Revenue Code and, for | ||||||
18 | taxable years ending on or after December 31, 2008, | ||||||
19 | any amount included in gross income under Section 87 | ||||||
20 | of the Internal Revenue Code; the provisions of this
| ||||||
21 | subparagraph are exempt from the provisions of Section | ||||||
22 | 250; | ||||||
23 | (M) An amount equal to those dividends included in | ||||||
24 | such total
which were paid by a corporation which | ||||||
25 | conducts business operations in a River Edge | ||||||
26 | Redevelopment Zone or zones created under the River |
| |||||||
| |||||||
1 | Edge Redevelopment Zone Act and
conducts substantially | ||||||
2 | all of its operations in a River Edge Redevelopment | ||||||
3 | Zone or zones. This subparagraph (M) is exempt from | ||||||
4 | the provisions of Section 250; | ||||||
5 | (N) An amount equal to any contribution made to a | ||||||
6 | job training
project established pursuant to the Tax | ||||||
7 | Increment Allocation
Redevelopment Act; | ||||||
8 | (O) An amount equal to those dividends included in | ||||||
9 | such total
that were paid by a corporation that | ||||||
10 | conducts business operations in a
federally designated | ||||||
11 | Foreign Trade Zone or Sub-Zone and that is designated
| ||||||
12 | a High Impact Business located in Illinois; provided | ||||||
13 | that dividends eligible
for the deduction provided in | ||||||
14 | subparagraph (M) of paragraph (2) of this
subsection | ||||||
15 | shall not be eligible for the deduction provided under | ||||||
16 | this
subparagraph (O); | ||||||
17 | (P) An amount equal to the amount of the deduction | ||||||
18 | used to compute the
federal income tax credit for | ||||||
19 | restoration of substantial amounts held under
claim of | ||||||
20 | right for the taxable year pursuant to Section 1341 of | ||||||
21 | the
Internal Revenue Code; | ||||||
22 | (Q) For taxable year 1999 and thereafter, an | ||||||
23 | amount equal to the
amount of any
(i) distributions, | ||||||
24 | to the extent includible in gross income for
federal | ||||||
25 | income tax purposes, made to the taxpayer because of
| ||||||
26 | his or her status as a victim of
persecution for racial |
| |||||||
| |||||||
1 | or religious reasons by Nazi Germany or any other Axis
| ||||||
2 | regime or as an heir of the victim and (ii) items
of | ||||||
3 | income, to the extent
includible in gross income for | ||||||
4 | federal income tax purposes, attributable to,
derived | ||||||
5 | from or in any way related to assets stolen from, | ||||||
6 | hidden from, or
otherwise lost to a victim of
| ||||||
7 | persecution for racial or religious reasons by Nazi
| ||||||
8 | Germany or any other Axis regime
immediately prior to, | ||||||
9 | during, and immediately after World War II, including,
| ||||||
10 | but
not limited to, interest on the proceeds | ||||||
11 | receivable as insurance
under policies issued to a | ||||||
12 | victim of persecution for racial or religious
reasons | ||||||
13 | by Nazi Germany or any other Axis regime by European | ||||||
14 | insurance
companies
immediately prior to and during | ||||||
15 | World War II;
provided, however, this subtraction from | ||||||
16 | federal adjusted gross income does not
apply to assets | ||||||
17 | acquired with such assets or with the proceeds from | ||||||
18 | the sale of
such assets; provided, further, this | ||||||
19 | paragraph shall only apply to a taxpayer
who was the | ||||||
20 | first recipient of such assets after their recovery | ||||||
21 | and who is a
victim of
persecution for racial or | ||||||
22 | religious reasons
by Nazi Germany or any other Axis | ||||||
23 | regime or as an heir of the victim. The
amount of and | ||||||
24 | the eligibility for any public assistance, benefit, or
| ||||||
25 | similar entitlement is not affected by the inclusion | ||||||
26 | of items (i) and (ii) of
this paragraph in gross income |
| |||||||
| |||||||
1 | for federal income tax purposes.
This paragraph is | ||||||
2 | exempt from the provisions of Section 250; | ||||||
3 | (R) For taxable years 2001 and thereafter, for the | ||||||
4 | taxable year in
which the bonus depreciation deduction
| ||||||
5 | is taken on the taxpayer's federal income tax return | ||||||
6 | under
subsection (k) of Section 168 of the Internal | ||||||
7 | Revenue Code and for each
applicable taxable year | ||||||
8 | thereafter, an amount equal to "x", where: | ||||||
9 | (1) "y" equals the amount of the depreciation | ||||||
10 | deduction taken for the
taxable year
on the | ||||||
11 | taxpayer's federal income tax return on property | ||||||
12 | for which the bonus
depreciation deduction
was | ||||||
13 | taken in any year under subsection (k) of Section | ||||||
14 | 168 of the Internal
Revenue Code, but not | ||||||
15 | including the bonus depreciation deduction; | ||||||
16 | (2) for taxable years ending on or before | ||||||
17 | December 31, 2005, "x" equals "y" multiplied by 30 | ||||||
18 | and then divided by 70 (or "y"
multiplied by | ||||||
19 | 0.429); and | ||||||
20 | (3) for taxable years ending after December | ||||||
21 | 31, 2005: | ||||||
22 | (i) for property on which a bonus | ||||||
23 | depreciation deduction of 30% of the adjusted | ||||||
24 | basis was taken, "x" equals "y" multiplied by | ||||||
25 | 30 and then divided by 70 (or "y"
multiplied | ||||||
26 | by 0.429); |
| |||||||
| |||||||
1 | (ii) for property on which a bonus | ||||||
2 | depreciation deduction of 50% of the adjusted | ||||||
3 | basis was taken, "x" equals "y" multiplied by | ||||||
4 | 1.0; | ||||||
5 | (iii) for property on which a bonus | ||||||
6 | depreciation deduction of 100% of the adjusted | ||||||
7 | basis was taken in a taxable year ending on or | ||||||
8 | after December 31, 2021, "x" equals the | ||||||
9 | depreciation deduction that would be allowed | ||||||
10 | on that property if the taxpayer had made the | ||||||
11 | election under Section 168(k)(7) of the | ||||||
12 | Internal Revenue Code to not claim bonus | ||||||
13 | depreciation deprecation on that property; and | ||||||
14 | (iv) for property on which a bonus | ||||||
15 | depreciation deduction of a percentage other | ||||||
16 | than 30%, 50% or 100% of the adjusted basis | ||||||
17 | was taken in a taxable year ending on or after | ||||||
18 | December 31, 2021, "x" equals "y" multiplied | ||||||
19 | by 100 times the percentage bonus depreciation | ||||||
20 | on the property (that is, 100(bonus%)) and | ||||||
21 | then divided by 100 times 1 minus the | ||||||
22 | percentage bonus depreciation on the property | ||||||
23 | (that is, 100(1–bonus%)). | ||||||
24 | The aggregate amount deducted under this | ||||||
25 | subparagraph in all taxable
years for any one piece of | ||||||
26 | property may not exceed the amount of the bonus
|
| |||||||
| |||||||
1 | depreciation deduction
taken on that property on the | ||||||
2 | taxpayer's federal income tax return under
subsection | ||||||
3 | (k) of Section 168 of the Internal Revenue Code. This | ||||||
4 | subparagraph (R) is exempt from the provisions of | ||||||
5 | Section 250; | ||||||
6 | (S) If the taxpayer sells, transfers, abandons, or | ||||||
7 | otherwise disposes of
property for which the taxpayer | ||||||
8 | was required in any taxable year to make an
addition | ||||||
9 | modification under subparagraph (G-10), then an amount | ||||||
10 | equal to that
addition modification. | ||||||
11 | If the taxpayer continues to own property through | ||||||
12 | the last day of the last tax year for which a | ||||||
13 | subtraction is allowed with respect to that property | ||||||
14 | under subparagraph (R) and for which the taxpayer was | ||||||
15 | required in any taxable year to make an addition | ||||||
16 | modification under subparagraph (G-10), then an amount | ||||||
17 | equal to that addition modification.
| ||||||
18 | The taxpayer is allowed to take the deduction | ||||||
19 | under this subparagraph
only once with respect to any | ||||||
20 | one piece of property. | ||||||
21 | This subparagraph (S) is exempt from the | ||||||
22 | provisions of Section 250; | ||||||
23 | (T) The amount of (i) any interest income (net of | ||||||
24 | the deductions allocable thereto) taken into account | ||||||
25 | for the taxable year with respect to a transaction | ||||||
26 | with a taxpayer that is required to make an addition |
| |||||||
| |||||||
1 | modification with respect to such transaction under | ||||||
2 | Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||||||
3 | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||||||
4 | the amount of such addition modification and
(ii) any | ||||||
5 | income from intangible property (net of the deductions | ||||||
6 | allocable thereto) taken into account for the taxable | ||||||
7 | year with respect to a transaction with a taxpayer | ||||||
8 | that is required to make an addition modification with | ||||||
9 | respect to such transaction under Section | ||||||
10 | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||||||
11 | 203(d)(2)(D-8), but not to exceed the amount of such | ||||||
12 | addition modification. This subparagraph (T) is exempt | ||||||
13 | from the provisions of Section 250;
| ||||||
14 | (U) An amount equal to the interest income taken | ||||||
15 | into account for the taxable year (net of the | ||||||
16 | deductions allocable thereto) with respect to | ||||||
17 | transactions with (i) a foreign person who would be a | ||||||
18 | member of the taxpayer's unitary business group but | ||||||
19 | for the fact the foreign person's business activity | ||||||
20 | outside the United States is 80% or more of that | ||||||
21 | person's total business activity and (ii) for taxable | ||||||
22 | years ending on or after December 31, 2008, to a person | ||||||
23 | who would be a member of the same unitary business | ||||||
24 | group but for the fact that the person is prohibited | ||||||
25 | under Section 1501(a)(27) from being included in the | ||||||
26 | unitary business group because he or she is ordinarily |
| |||||||
| |||||||
1 | required to apportion business income under different | ||||||
2 | subsections of Section 304, but not to exceed the | ||||||
3 | addition modification required to be made for the same | ||||||
4 | taxable year under Section 203(c)(2)(G-12) for | ||||||
5 | interest paid, accrued, or incurred, directly or | ||||||
6 | indirectly, to the same person. This subparagraph (U) | ||||||
7 | is exempt from the provisions of Section 250; | ||||||
8 | (V) An amount equal to the income from intangible | ||||||
9 | property taken into account for the taxable year (net | ||||||
10 | of the deductions allocable thereto) with respect to | ||||||
11 | transactions with (i) a foreign person who would be a | ||||||
12 | member of the taxpayer's unitary business group but | ||||||
13 | for the fact that the foreign person's business | ||||||
14 | activity outside the United States is 80% or more of | ||||||
15 | that person's total business activity and (ii) for | ||||||
16 | taxable years ending on or after December 31, 2008, to | ||||||
17 | a person who would be a member of the same unitary | ||||||
18 | business group but for the fact that the person is | ||||||
19 | prohibited under Section 1501(a)(27) from being | ||||||
20 | included in the unitary business group because he or | ||||||
21 | she is ordinarily required to apportion business | ||||||
22 | income under different subsections of Section 304, but | ||||||
23 | not to exceed the addition modification required to be | ||||||
24 | made for the same taxable year under Section | ||||||
25 | 203(c)(2)(G-13) for intangible expenses and costs | ||||||
26 | paid, accrued, or incurred, directly or indirectly, to |
| |||||||
| |||||||
1 | the same foreign person. This subparagraph (V) is | ||||||
2 | exempt from the provisions of Section 250;
| ||||||
3 | (W) in the case of an estate, an amount equal to | ||||||
4 | all amounts included in such total pursuant to the | ||||||
5 | provisions of Section 111 of the Internal Revenue Code | ||||||
6 | as a recovery of items previously deducted by the | ||||||
7 | decedent from adjusted gross income in the computation | ||||||
8 | of taxable income. This subparagraph (W) is exempt | ||||||
9 | from Section 250; | ||||||
10 | (X) an amount equal to the refund included in such | ||||||
11 | total of any tax deducted for federal income tax | ||||||
12 | purposes, to the extent that deduction was added back | ||||||
13 | under subparagraph (F). This subparagraph (X) is | ||||||
14 | exempt from the provisions of Section 250; | ||||||
15 | (Y) For taxable years ending on or after December | ||||||
16 | 31, 2011, in the case of a taxpayer who was required to | ||||||
17 | add back any insurance premiums under Section | ||||||
18 | 203(c)(2)(G-14), such taxpayer may elect to subtract | ||||||
19 | that part of a reimbursement received from the | ||||||
20 | insurance company equal to the amount of the expense | ||||||
21 | or loss (including expenses incurred by the insurance | ||||||
22 | company) that would have been taken into account as a | ||||||
23 | deduction for federal income tax purposes if the | ||||||
24 | expense or loss had been uninsured. If a taxpayer | ||||||
25 | makes the election provided for by this subparagraph | ||||||
26 | (Y), the insurer to which the premiums were paid must |
| |||||||
| |||||||
1 | add back to income the amount subtracted by the | ||||||
2 | taxpayer pursuant to this subparagraph (Y). This | ||||||
3 | subparagraph (Y) is exempt from the provisions of | ||||||
4 | Section 250; and | ||||||
5 | (Z) For taxable years beginning after December 31, | ||||||
6 | 2018 and before January 1, 2026, the amount of excess | ||||||
7 | business loss of the taxpayer disallowed as a | ||||||
8 | deduction by Section 461(l)(1)(B) of the Internal | ||||||
9 | Revenue Code. | ||||||
10 | (3) Limitation. The amount of any modification | ||||||
11 | otherwise required
under this subsection shall, under | ||||||
12 | regulations prescribed by the
Department, be adjusted by | ||||||
13 | any amounts included therein which were
properly paid, | ||||||
14 | credited, or required to be distributed, or permanently | ||||||
15 | set
aside for charitable purposes pursuant to Internal | ||||||
16 | Revenue Code Section
642(c) during the taxable year. | ||||||
17 | (d) Partnerships. | ||||||
18 | (1) In general. In the case of a partnership, base | ||||||
19 | income means an
amount equal to the taxpayer's taxable | ||||||
20 | income for the taxable year as
modified by paragraph (2). | ||||||
21 | (2) Modifications. The taxable income referred to in | ||||||
22 | paragraph (1)
shall be modified by adding thereto the sum | ||||||
23 | of the following amounts: | ||||||
24 | (A) An amount equal to all amounts paid or accrued | ||||||
25 | to the taxpayer as
interest or dividends during the |
| |||||||
| |||||||
1 | taxable year to the extent excluded from
gross income | ||||||
2 | in the computation of taxable income; | ||||||
3 | (B) An amount equal to the amount of tax imposed by | ||||||
4 | this Act to the
extent deducted from gross income for | ||||||
5 | the taxable year; | ||||||
6 | (C) The amount of deductions allowed to the | ||||||
7 | partnership pursuant to
Section 707 (c) of the | ||||||
8 | Internal Revenue Code in calculating its taxable | ||||||
9 | income; | ||||||
10 | (D) An amount equal to the amount of the capital | ||||||
11 | gain deduction
allowable under the Internal Revenue | ||||||
12 | Code, to the extent deducted from
gross income in the | ||||||
13 | computation of taxable income; | ||||||
14 | (D-5) For taxable years 2001 and thereafter, an | ||||||
15 | amount equal to the
bonus depreciation deduction taken | ||||||
16 | on the taxpayer's federal income tax return for the | ||||||
17 | taxable
year under subsection (k) of Section 168 of | ||||||
18 | the Internal Revenue Code; | ||||||
19 | (D-6) If the taxpayer sells, transfers, abandons, | ||||||
20 | or otherwise disposes of
property for which the | ||||||
21 | taxpayer was required in any taxable year to make an
| ||||||
22 | addition modification under subparagraph (D-5), then | ||||||
23 | an amount equal to the
aggregate amount of the | ||||||
24 | deductions taken in all taxable years
under | ||||||
25 | subparagraph (O) with respect to that property. | ||||||
26 | If the taxpayer continues to own property through |
| |||||||
| |||||||
1 | the last day of the last tax year for which a | ||||||
2 | subtraction is allowed with respect to that property | ||||||
3 | under subparagraph (O) and for which the taxpayer was | ||||||
4 | allowed in any taxable year to make a subtraction | ||||||
5 | modification under subparagraph (O), then an amount | ||||||
6 | equal to that subtraction modification.
| ||||||
7 | The taxpayer is required to make the addition | ||||||
8 | modification under this
subparagraph
only once with | ||||||
9 | respect to any one piece of property; | ||||||
10 | (D-7) An amount equal to the amount otherwise | ||||||
11 | allowed as a deduction in computing base income for | ||||||
12 | interest paid, accrued, or incurred, directly or | ||||||
13 | indirectly, (i) for taxable years ending on or after | ||||||
14 | December 31, 2004, to a foreign person who would be a | ||||||
15 | member of the same unitary business group but for the | ||||||
16 | fact the foreign person's business activity outside | ||||||
17 | the United States is 80% or more of the foreign | ||||||
18 | person's total business activity and (ii) for taxable | ||||||
19 | years ending on or after December 31, 2008, to a person | ||||||
20 | who would be a member of the same unitary business | ||||||
21 | group but for the fact that the person is prohibited | ||||||
22 | under Section 1501(a)(27) from being included in the | ||||||
23 | unitary business group because he or she is ordinarily | ||||||
24 | required to apportion business income under different | ||||||
25 | subsections of Section 304. The addition modification | ||||||
26 | required by this subparagraph shall be reduced to the |
| |||||||
| |||||||
1 | extent that dividends were included in base income of | ||||||
2 | the unitary group for the same taxable year and | ||||||
3 | received by the taxpayer or by a member of the | ||||||
4 | taxpayer's unitary business group (including amounts | ||||||
5 | included in gross income pursuant to Sections 951 | ||||||
6 | through 964 of the Internal Revenue Code and amounts | ||||||
7 | included in gross income under Section 78 of the | ||||||
8 | Internal Revenue Code) with respect to the stock of | ||||||
9 | the same person to whom the interest was paid, | ||||||
10 | accrued, or incurred.
| ||||||
11 | This paragraph shall not apply to the following:
| ||||||
12 | (i) an item of interest paid, accrued, or | ||||||
13 | incurred, directly or indirectly, to a person who | ||||||
14 | is subject in a foreign country or state, other | ||||||
15 | than a state which requires mandatory unitary | ||||||
16 | reporting, to a tax on or measured by net income | ||||||
17 | with respect to such interest; or | ||||||
18 | (ii) an item of interest paid, accrued, or | ||||||
19 | incurred, directly or indirectly, to a person if | ||||||
20 | the taxpayer can establish, based on a | ||||||
21 | preponderance of the evidence, both of the | ||||||
22 | following: | ||||||
23 | (a) the person, during the same taxable | ||||||
24 | year, paid, accrued, or incurred, the interest | ||||||
25 | to a person that is not a related member, and | ||||||
26 | (b) the transaction giving rise to the |
| |||||||
| |||||||
1 | interest expense between the taxpayer and the | ||||||
2 | person did not have as a principal purpose the | ||||||
3 | avoidance of Illinois income tax, and is paid | ||||||
4 | pursuant to a contract or agreement that | ||||||
5 | reflects an arm's-length interest rate and | ||||||
6 | terms; or
| ||||||
7 | (iii) the taxpayer can establish, based on | ||||||
8 | clear and convincing evidence, that the interest | ||||||
9 | paid, accrued, or incurred relates to a contract | ||||||
10 | or agreement entered into at arm's-length rates | ||||||
11 | and terms and the principal purpose for the | ||||||
12 | payment is not federal or Illinois tax avoidance; | ||||||
13 | or
| ||||||
14 | (iv) an item of interest paid, accrued, or | ||||||
15 | incurred, directly or indirectly, to a person if | ||||||
16 | the taxpayer establishes by clear and convincing | ||||||
17 | evidence that the adjustments are unreasonable; or | ||||||
18 | if the taxpayer and the Director agree in writing | ||||||
19 | to the application or use of an alternative method | ||||||
20 | of apportionment under Section 304(f).
| ||||||
21 | Nothing in this subsection shall preclude the | ||||||
22 | Director from making any other adjustment | ||||||
23 | otherwise allowed under Section 404 of this Act | ||||||
24 | for any tax year beginning after the effective | ||||||
25 | date of this amendment provided such adjustment is | ||||||
26 | made pursuant to regulation adopted by the |
| |||||||
| |||||||
1 | Department and such regulations provide methods | ||||||
2 | and standards by which the Department will utilize | ||||||
3 | its authority under Section 404 of this Act; and
| ||||||
4 | (D-8) An amount equal to the amount of intangible | ||||||
5 | expenses and costs otherwise allowed as a deduction in | ||||||
6 | computing base income, and that were paid, accrued, or | ||||||
7 | incurred, directly or indirectly, (i) for taxable | ||||||
8 | years ending on or after December 31, 2004, to a | ||||||
9 | foreign person who would be a member of the same | ||||||
10 | unitary business group but for the fact that the | ||||||
11 | foreign person's business activity outside the United | ||||||
12 | States is 80% or more of that person's total business | ||||||
13 | activity and (ii) for taxable years ending on or after | ||||||
14 | December 31, 2008, to a person who would be a member of | ||||||
15 | the same unitary business group but for the fact that | ||||||
16 | the person is prohibited under Section 1501(a)(27) | ||||||
17 | from being included in the unitary business group | ||||||
18 | because he or she is ordinarily required to apportion | ||||||
19 | business income under different subsections of Section | ||||||
20 | 304. The addition modification required by this | ||||||
21 | subparagraph shall be reduced to the extent that | ||||||
22 | dividends were included in base income of the unitary | ||||||
23 | group for the same taxable year and received by the | ||||||
24 | taxpayer or by a member of the taxpayer's unitary | ||||||
25 | business group (including amounts included in gross | ||||||
26 | income pursuant to Sections 951 through 964 of the |
| |||||||
| |||||||
1 | Internal Revenue Code and amounts included in gross | ||||||
2 | income under Section 78 of the Internal Revenue Code) | ||||||
3 | with respect to the stock of the same person to whom | ||||||
4 | the intangible expenses and costs were directly or | ||||||
5 | indirectly paid, incurred or accrued. The preceding | ||||||
6 | sentence shall not apply to the extent that the same | ||||||
7 | dividends caused a reduction to the addition | ||||||
8 | modification required under Section 203(d)(2)(D-7) of | ||||||
9 | this Act. As used in this subparagraph, the term | ||||||
10 | "intangible expenses and costs" includes (1) expenses, | ||||||
11 | losses, and costs for, or related to, the direct or | ||||||
12 | indirect acquisition, use, maintenance or management, | ||||||
13 | ownership, sale, exchange, or any other disposition of | ||||||
14 | intangible property; (2) losses incurred, directly or | ||||||
15 | indirectly, from factoring transactions or discounting | ||||||
16 | transactions; (3) royalty, patent, technical, and | ||||||
17 | copyright fees; (4) licensing fees; and (5) other | ||||||
18 | similar expenses and costs. For purposes of this | ||||||
19 | subparagraph, "intangible property" includes patents, | ||||||
20 | patent applications, trade names, trademarks, service | ||||||
21 | marks, copyrights, mask works, trade secrets, and | ||||||
22 | similar types of intangible assets; | ||||||
23 | This paragraph shall not apply to the following: | ||||||
24 | (i) any item of intangible expenses or costs | ||||||
25 | paid, accrued, or incurred, directly or | ||||||
26 | indirectly, from a transaction with a person who |
| |||||||
| |||||||
1 | is subject in a foreign country or state, other | ||||||
2 | than a state which requires mandatory unitary | ||||||
3 | reporting, to a tax on or measured by net income | ||||||
4 | with respect to such item; or | ||||||
5 | (ii) any item of intangible expense or cost | ||||||
6 | paid, accrued, or incurred, directly or | ||||||
7 | indirectly, if the taxpayer can establish, based | ||||||
8 | on a preponderance of the evidence, both of the | ||||||
9 | following: | ||||||
10 | (a) the person during the same taxable | ||||||
11 | year paid, accrued, or incurred, the | ||||||
12 | intangible expense or cost to a person that is | ||||||
13 | not a related member, and | ||||||
14 | (b) the transaction giving rise to the | ||||||
15 | intangible expense or cost between the | ||||||
16 | taxpayer and the person did not have as a | ||||||
17 | principal purpose the avoidance of Illinois | ||||||
18 | income tax, and is paid pursuant to a contract | ||||||
19 | or agreement that reflects arm's-length terms; | ||||||
20 | or | ||||||
21 | (iii) any item of intangible expense or cost | ||||||
22 | paid, accrued, or incurred, directly or | ||||||
23 | indirectly, from a transaction with a person if | ||||||
24 | the taxpayer establishes by clear and convincing | ||||||
25 | evidence, that the adjustments are unreasonable; | ||||||
26 | or if the taxpayer and the Director agree in |
| |||||||
| |||||||
1 | writing to the application or use of an | ||||||
2 | alternative method of apportionment under Section | ||||||
3 | 304(f);
| ||||||
4 | Nothing in this subsection shall preclude the | ||||||
5 | Director from making any other adjustment | ||||||
6 | otherwise allowed under Section 404 of this Act | ||||||
7 | for any tax year beginning after the effective | ||||||
8 | date of this amendment provided such adjustment is | ||||||
9 | made pursuant to regulation adopted by the | ||||||
10 | Department and such regulations provide methods | ||||||
11 | and standards by which the Department will utilize | ||||||
12 | its authority under Section 404 of this Act;
| ||||||
13 | (D-9) For taxable years ending on or after | ||||||
14 | December 31, 2008, an amount equal to the amount of | ||||||
15 | insurance premium expenses and costs otherwise allowed | ||||||
16 | as a deduction in computing base income, and that were | ||||||
17 | paid, accrued, or incurred, directly or indirectly, to | ||||||
18 | a person who would be a member of the same unitary | ||||||
19 | business group but for the fact that the person is | ||||||
20 | prohibited under Section 1501(a)(27) from being | ||||||
21 | included in the unitary business group because he or | ||||||
22 | she is ordinarily required to apportion business | ||||||
23 | income under different subsections of Section 304. The | ||||||
24 | addition modification required by this subparagraph | ||||||
25 | shall be reduced to the extent that dividends were | ||||||
26 | included in base income of the unitary group for the |
| |||||||
| |||||||
1 | same taxable year and received by the taxpayer or by a | ||||||
2 | member of the taxpayer's unitary business group | ||||||
3 | (including amounts included in gross income under | ||||||
4 | Sections 951 through 964 of the Internal Revenue Code | ||||||
5 | and amounts included in gross income under Section 78 | ||||||
6 | of the Internal Revenue Code) with respect to the | ||||||
7 | stock of the same person to whom the premiums and costs | ||||||
8 | were directly or indirectly paid, incurred, or | ||||||
9 | accrued. The preceding sentence does not apply to the | ||||||
10 | extent that the same dividends caused a reduction to | ||||||
11 | the addition modification required under Section | ||||||
12 | 203(d)(2)(D-7) or Section 203(d)(2)(D-8) of this Act; | ||||||
13 | (D-10) An amount equal to the credit allowable to | ||||||
14 | the taxpayer under Section 218(a) of this Act, | ||||||
15 | determined without regard to Section 218(c) of this | ||||||
16 | Act; | ||||||
17 | (D-11) For taxable years ending on or after | ||||||
18 | December 31, 2017, an amount equal to the deduction | ||||||
19 | allowed under Section 199 of the Internal Revenue Code | ||||||
20 | for the taxable year; | ||||||
21 | and by deducting from the total so obtained the following | ||||||
22 | amounts: | ||||||
23 | (E) The valuation limitation amount; | ||||||
24 | (F) An amount equal to the amount of any tax | ||||||
25 | imposed by this Act which
was refunded to the taxpayer | ||||||
26 | and included in such total for the taxable year; |
| |||||||
| |||||||
1 | (G) An amount equal to all amounts included in | ||||||
2 | taxable income as
modified by subparagraphs (A), (B), | ||||||
3 | (C) and (D) which are exempt from
taxation by this | ||||||
4 | State either by reason of its statutes or Constitution | ||||||
5 | or
by reason of
the Constitution, treaties or statutes | ||||||
6 | of the United States;
provided that, in the case of any | ||||||
7 | statute of this State that exempts income
derived from | ||||||
8 | bonds or other obligations from the tax imposed under | ||||||
9 | this Act,
the amount exempted shall be the interest | ||||||
10 | net of bond premium amortization; | ||||||
11 | (H) Any income of the partnership which | ||||||
12 | constitutes personal service
income as defined in | ||||||
13 | Section 1348(b)(1) of the Internal Revenue Code (as
in | ||||||
14 | effect December 31, 1981) or a reasonable allowance | ||||||
15 | for compensation
paid or accrued for services rendered | ||||||
16 | by partners to the partnership,
whichever is greater; | ||||||
17 | this subparagraph (H) is exempt from the provisions of | ||||||
18 | Section 250; | ||||||
19 | (I) An amount equal to all amounts of income | ||||||
20 | distributable to an entity
subject to the Personal | ||||||
21 | Property Tax Replacement Income Tax imposed by
| ||||||
22 | subsections (c) and (d) of Section 201 of this Act | ||||||
23 | including amounts
distributable to organizations | ||||||
24 | exempt from federal income tax by reason of
Section | ||||||
25 | 501(a) of the Internal Revenue Code; this subparagraph | ||||||
26 | (I) is exempt from the provisions of Section 250; |
| |||||||
| |||||||
1 | (J) With the exception of any amounts subtracted | ||||||
2 | under subparagraph
(G),
an amount equal to the sum of | ||||||
3 | all amounts disallowed as deductions
by (i) Sections | ||||||
4 | 171(a)(2) and 265(a)(2) of the Internal Revenue Code, | ||||||
5 | and all amounts of expenses allocable to
interest and | ||||||
6 | disallowed as deductions by Section 265(a)(1) of the | ||||||
7 | Internal
Revenue Code;
and (ii) for taxable years
| ||||||
8 | ending on or after August 13, 1999, Sections
| ||||||
9 | 171(a)(2), 265,
280C, and 832(b)(5)(B)(i) of the | ||||||
10 | Internal Revenue Code, plus, (iii) for taxable years | ||||||
11 | ending on or after December 31, 2011, Section | ||||||
12 | 45G(e)(3) of the Internal Revenue Code and, for | ||||||
13 | taxable years ending on or after December 31, 2008, | ||||||
14 | any amount included in gross income under Section 87 | ||||||
15 | of the Internal Revenue Code; the provisions of this
| ||||||
16 | subparagraph are exempt from the provisions of Section | ||||||
17 | 250; | ||||||
18 | (K) An amount equal to those dividends included in | ||||||
19 | such total which were
paid by a corporation which | ||||||
20 | conducts business operations in a River Edge | ||||||
21 | Redevelopment Zone or zones created under the River | ||||||
22 | Edge Redevelopment Zone Act and
conducts substantially | ||||||
23 | all of its operations
from a River Edge Redevelopment | ||||||
24 | Zone or zones. This subparagraph (K) is exempt from | ||||||
25 | the provisions of Section 250; | ||||||
26 | (L) An amount equal to any contribution made to a |
| |||||||
| |||||||
1 | job training project
established pursuant to the Real | ||||||
2 | Property Tax Increment Allocation
Redevelopment Act; | ||||||
3 | (M) An amount equal to those dividends included in | ||||||
4 | such total
that were paid by a corporation that | ||||||
5 | conducts business operations in a
federally designated | ||||||
6 | Foreign Trade Zone or Sub-Zone and that is designated | ||||||
7 | a
High Impact Business located in Illinois; provided | ||||||
8 | that dividends eligible
for the deduction provided in | ||||||
9 | subparagraph (K) of paragraph (2) of this
subsection | ||||||
10 | shall not be eligible for the deduction provided under | ||||||
11 | this
subparagraph (M); | ||||||
12 | (N) An amount equal to the amount of the deduction | ||||||
13 | used to compute the
federal income tax credit for | ||||||
14 | restoration of substantial amounts held under
claim of | ||||||
15 | right for the taxable year pursuant to Section 1341 of | ||||||
16 | the
Internal Revenue Code; | ||||||
17 | (O) For taxable years 2001 and thereafter, for the | ||||||
18 | taxable year in
which the bonus depreciation deduction
| ||||||
19 | is taken on the taxpayer's federal income tax return | ||||||
20 | under
subsection (k) of Section 168 of the Internal | ||||||
21 | Revenue Code and for each
applicable taxable year | ||||||
22 | thereafter, an amount equal to "x", where: | ||||||
23 | (1) "y" equals the amount of the depreciation | ||||||
24 | deduction taken for the
taxable year
on the | ||||||
25 | taxpayer's federal income tax return on property | ||||||
26 | for which the bonus
depreciation deduction
was |
| |||||||
| |||||||
1 | taken in any year under subsection (k) of Section | ||||||
2 | 168 of the Internal
Revenue Code, but not | ||||||
3 | including the bonus depreciation deduction; | ||||||
4 | (2) for taxable years ending on or before | ||||||
5 | December 31, 2005, "x" equals "y" multiplied by 30 | ||||||
6 | and then divided by 70 (or "y"
multiplied by | ||||||
7 | 0.429); and | ||||||
8 | (3) for taxable years ending after December | ||||||
9 | 31, 2005: | ||||||
10 | (i) for property on which a bonus | ||||||
11 | depreciation deduction of 30% of the adjusted | ||||||
12 | basis was taken, "x" equals "y" multiplied by | ||||||
13 | 30 and then divided by 70 (or "y"
multiplied | ||||||
14 | by 0.429); | ||||||
15 | (ii) for property on which a bonus | ||||||
16 | depreciation deduction of 50% of the adjusted | ||||||
17 | basis was taken, "x" equals "y" multiplied by | ||||||
18 | 1.0; | ||||||
19 | (iii) for property on which a bonus | ||||||
20 | depreciation deduction of 100% of the adjusted | ||||||
21 | basis was taken in a taxable year ending on or | ||||||
22 | after December 31, 2021, "x" equals the | ||||||
23 | depreciation deduction that would be allowed | ||||||
24 | on that property if the taxpayer had made the | ||||||
25 | election under Section 168(k)(7) of the | ||||||
26 | Internal Revenue Code to not claim bonus |
| |||||||
| |||||||
1 | depreciation deprecation on that property; and | ||||||
2 | (iv) for property on which a bonus | ||||||
3 | depreciation deduction of a percentage other | ||||||
4 | than 30%, 50% or 100% of the adjusted basis | ||||||
5 | was taken in a taxable year ending on or after | ||||||
6 | December 31, 2021, "x" equals "y" multiplied | ||||||
7 | by 100 times the percentage bonus depreciation | ||||||
8 | on the property (that is, 100(bonus%)) and | ||||||
9 | then divided by 100 times 1 minus the | ||||||
10 | percentage bonus depreciation on the property | ||||||
11 | (that is, 100(1–bonus%)). | ||||||
12 | The aggregate amount deducted under this | ||||||
13 | subparagraph in all taxable
years for any one piece of | ||||||
14 | property may not exceed the amount of the bonus
| ||||||
15 | depreciation deduction
taken on that property on the | ||||||
16 | taxpayer's federal income tax return under
subsection | ||||||
17 | (k) of Section 168 of the Internal Revenue Code. This | ||||||
18 | subparagraph (O) is exempt from the provisions of | ||||||
19 | Section 250; | ||||||
20 | (P) If the taxpayer sells, transfers, abandons, or | ||||||
21 | otherwise disposes of
property for which the taxpayer | ||||||
22 | was required in any taxable year to make an
addition | ||||||
23 | modification under subparagraph (D-5), then an amount | ||||||
24 | equal to that
addition modification. | ||||||
25 | If the taxpayer continues to own property through | ||||||
26 | the last day of the last tax year for which a |
| |||||||
| |||||||
1 | subtraction is allowed with respect to that property | ||||||
2 | under subparagraph (O) and for which the taxpayer was | ||||||
3 | required in any taxable year to make an addition | ||||||
4 | modification under subparagraph (D-5), then an amount | ||||||
5 | equal to that addition modification.
| ||||||
6 | The taxpayer is allowed to take the deduction | ||||||
7 | under this subparagraph
only once with respect to any | ||||||
8 | one piece of property. | ||||||
9 | This subparagraph (P) is exempt from the | ||||||
10 | provisions of Section 250; | ||||||
11 | (Q) The amount of (i) any interest income (net of | ||||||
12 | the deductions allocable thereto) taken into account | ||||||
13 | for the taxable year with respect to a transaction | ||||||
14 | with a taxpayer that is required to make an addition | ||||||
15 | modification with respect to such transaction under | ||||||
16 | Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||||||
17 | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||||||
18 | the amount of such addition modification and
(ii) any | ||||||
19 | income from intangible property (net of the deductions | ||||||
20 | allocable thereto) taken into account for the taxable | ||||||
21 | year with respect to a transaction with a taxpayer | ||||||
22 | that is required to make an addition modification with | ||||||
23 | respect to such transaction under Section | ||||||
24 | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||||||
25 | 203(d)(2)(D-8), but not to exceed the amount of such | ||||||
26 | addition modification. This subparagraph (Q) is exempt |
| |||||||
| |||||||
1 | from Section 250;
| ||||||
2 | (R) An amount equal to the interest income taken | ||||||
3 | into account for the taxable year (net of the | ||||||
4 | deductions allocable thereto) with respect to | ||||||
5 | transactions with (i) a foreign person who would be a | ||||||
6 | member of the taxpayer's unitary business group but | ||||||
7 | for the fact that the foreign person's business | ||||||
8 | activity outside the United States is 80% or more of | ||||||
9 | that person's total business activity and (ii) for | ||||||
10 | taxable years ending on or after December 31, 2008, to | ||||||
11 | a person who would be a member of the same unitary | ||||||
12 | business group but for the fact that the person is | ||||||
13 | prohibited under Section 1501(a)(27) from being | ||||||
14 | included in the unitary business group because he or | ||||||
15 | she is ordinarily required to apportion business | ||||||
16 | income under different subsections of Section 304, but | ||||||
17 | not to exceed the addition modification required to be | ||||||
18 | made for the same taxable year under Section | ||||||
19 | 203(d)(2)(D-7) for interest paid, accrued, or | ||||||
20 | incurred, directly or indirectly, to the same person. | ||||||
21 | This subparagraph (R) is exempt from Section 250; | ||||||
22 | (S) An amount equal to the income from intangible | ||||||
23 | property taken into account for the taxable year (net | ||||||
24 | of the deductions allocable thereto) with respect to | ||||||
25 | transactions with (i) a foreign person who would be a | ||||||
26 | member of the taxpayer's unitary business group but |
| |||||||
| |||||||
1 | for the fact that the foreign person's business | ||||||
2 | activity outside the United States is 80% or more of | ||||||
3 | that person's total business activity and (ii) for | ||||||
4 | taxable years ending on or after December 31, 2008, to | ||||||
5 | a person who would be a member of the same unitary | ||||||
6 | business group but for the fact that the person is | ||||||
7 | prohibited under Section 1501(a)(27) from being | ||||||
8 | included in the unitary business group because he or | ||||||
9 | she is ordinarily required to apportion business | ||||||
10 | income under different subsections of Section 304, but | ||||||
11 | not to exceed the addition modification required to be | ||||||
12 | made for the same taxable year under Section | ||||||
13 | 203(d)(2)(D-8) for intangible expenses and costs paid, | ||||||
14 | accrued, or incurred, directly or indirectly, to the | ||||||
15 | same person. This subparagraph (S) is exempt from | ||||||
16 | Section 250; and
| ||||||
17 | (T) For taxable years ending on or after December | ||||||
18 | 31, 2011, in the case of a taxpayer who was required to | ||||||
19 | add back any insurance premiums under Section | ||||||
20 | 203(d)(2)(D-9), such taxpayer may elect to subtract | ||||||
21 | that part of a reimbursement received from the | ||||||
22 | insurance company equal to the amount of the expense | ||||||
23 | or loss (including expenses incurred by the insurance | ||||||
24 | company) that would have been taken into account as a | ||||||
25 | deduction for federal income tax purposes if the | ||||||
26 | expense or loss had been uninsured. If a taxpayer |
| |||||||
| |||||||
1 | makes the election provided for by this subparagraph | ||||||
2 | (T), the insurer to which the premiums were paid must | ||||||
3 | add back to income the amount subtracted by the | ||||||
4 | taxpayer pursuant to this subparagraph (T). This | ||||||
5 | subparagraph (T) is exempt from the provisions of | ||||||
6 | Section 250. | ||||||
7 | (e) Gross income; adjusted gross income; taxable income. | ||||||
8 | (1) In general. Subject to the provisions of paragraph | ||||||
9 | (2) and
subsection (b)(3), for purposes of this Section | ||||||
10 | and Section 803(e), a
taxpayer's gross income, adjusted | ||||||
11 | gross income, or taxable income for
the taxable year shall | ||||||
12 | mean the amount of gross income, adjusted gross
income or | ||||||
13 | taxable income properly reportable for federal income tax
| ||||||
14 | purposes for the taxable year under the provisions of the | ||||||
15 | Internal
Revenue Code. Taxable income may be less than | ||||||
16 | zero. However, for taxable
years ending on or after | ||||||
17 | December 31, 1986, net operating loss
carryforwards from | ||||||
18 | taxable years ending prior to December 31, 1986, may not
| ||||||
19 | exceed the sum of federal taxable income for the taxable | ||||||
20 | year before net
operating loss deduction, plus the excess | ||||||
21 | of addition modifications over
subtraction modifications | ||||||
22 | for the taxable year. For taxable years ending
prior to | ||||||
23 | December 31, 1986, taxable income may never be an amount | ||||||
24 | in excess
of the net operating loss for the taxable year as | ||||||
25 | defined in subsections
(c) and (d) of Section 172 of the |
| |||||||
| |||||||
1 | Internal Revenue Code, provided that when
taxable income | ||||||
2 | of a corporation (other than a Subchapter S corporation),
| ||||||
3 | trust, or estate is less than zero and addition | ||||||
4 | modifications, other than
those provided by subparagraph | ||||||
5 | (E) of paragraph (2) of subsection (b) for
corporations or | ||||||
6 | subparagraph (E) of paragraph (2) of subsection (c) for
| ||||||
7 | trusts and estates, exceed subtraction modifications, an | ||||||
8 | addition
modification must be made under those | ||||||
9 | subparagraphs for any other taxable
year to which the | ||||||
10 | taxable income less than zero (net operating loss) is
| ||||||
11 | applied under Section 172 of the Internal Revenue Code or | ||||||
12 | under
subparagraph (E) of paragraph (2) of this subsection | ||||||
13 | (e) applied in
conjunction with Section 172 of the | ||||||
14 | Internal Revenue Code. | ||||||
15 | (2) Special rule. For purposes of paragraph (1) of | ||||||
16 | this subsection,
the taxable income properly reportable | ||||||
17 | for federal income tax purposes
shall mean: | ||||||
18 | (A) Certain life insurance companies. In the case | ||||||
19 | of a life
insurance company subject to the tax imposed | ||||||
20 | by Section 801 of the
Internal Revenue Code, life | ||||||
21 | insurance company taxable income, plus the
amount of | ||||||
22 | distribution from pre-1984 policyholder surplus | ||||||
23 | accounts as
calculated under Section 815a of the | ||||||
24 | Internal Revenue Code; | ||||||
25 | (B) Certain other insurance companies. In the case | ||||||
26 | of mutual
insurance companies subject to the tax |
| |||||||
| |||||||
1 | imposed by Section 831 of the
Internal Revenue Code, | ||||||
2 | insurance company taxable income; | ||||||
3 | (C) Regulated investment companies. In the case of | ||||||
4 | a regulated
investment company subject to the tax | ||||||
5 | imposed by Section 852 of the
Internal Revenue Code, | ||||||
6 | investment company taxable income; | ||||||
7 | (D) Real estate investment trusts. In the case of | ||||||
8 | a real estate
investment trust subject to the tax | ||||||
9 | imposed by Section 857 of the
Internal Revenue Code, | ||||||
10 | real estate investment trust taxable income; | ||||||
11 | (E) Consolidated corporations. In the case of a | ||||||
12 | corporation which
is a member of an affiliated group | ||||||
13 | of corporations filing a consolidated
income tax | ||||||
14 | return for the taxable year for federal income tax | ||||||
15 | purposes,
taxable income determined as if such | ||||||
16 | corporation had filed a separate
return for federal | ||||||
17 | income tax purposes for the taxable year and each
| ||||||
18 | preceding taxable year for which it was a member of an | ||||||
19 | affiliated group.
For purposes of this subparagraph, | ||||||
20 | the taxpayer's separate taxable
income shall be | ||||||
21 | determined as if the election provided by Section
| ||||||
22 | 243(b)(2) of the Internal Revenue Code had been in | ||||||
23 | effect for all such years; | ||||||
24 | (F) Cooperatives. In the case of a cooperative | ||||||
25 | corporation or
association, the taxable income of such | ||||||
26 | organization determined in
accordance with the |
| |||||||
| |||||||
1 | provisions of Section 1381 through 1388 of the
| ||||||
2 | Internal Revenue Code, but without regard to the | ||||||
3 | prohibition against offsetting losses from patronage | ||||||
4 | activities against income from nonpatronage | ||||||
5 | activities; except that a cooperative corporation or | ||||||
6 | association may make an election to follow its federal | ||||||
7 | income tax treatment of patronage losses and | ||||||
8 | nonpatronage losses. In the event such election is | ||||||
9 | made, such losses shall be computed and carried over | ||||||
10 | in a manner consistent with subsection (a) of Section | ||||||
11 | 207 of this Act and apportioned by the apportionment | ||||||
12 | factor reported by the cooperative on its Illinois | ||||||
13 | income tax return filed for the taxable year in which | ||||||
14 | the losses are incurred. The election shall be | ||||||
15 | effective for all taxable years with original returns | ||||||
16 | due on or after the date of the election. In addition, | ||||||
17 | the cooperative may file an amended return or returns, | ||||||
18 | as allowed under this Act, to provide that the | ||||||
19 | election shall be effective for losses incurred or | ||||||
20 | carried forward for taxable years occurring prior to | ||||||
21 | the date of the election. Once made, the election may | ||||||
22 | only be revoked upon approval of the Director. The | ||||||
23 | Department shall adopt rules setting forth | ||||||
24 | requirements for documenting the elections and any | ||||||
25 | resulting Illinois net loss and the standards to be | ||||||
26 | used by the Director in evaluating requests to revoke |
| |||||||
| |||||||
1 | elections. Public Act 96-932 is declaratory of | ||||||
2 | existing law; | ||||||
3 | (G) Subchapter S corporations. In the case of: (i) | ||||||
4 | a Subchapter S
corporation for which there is in | ||||||
5 | effect an election for the taxable year
under Section | ||||||
6 | 1362 of the Internal Revenue Code, the taxable income | ||||||
7 | of such
corporation determined in accordance with | ||||||
8 | Section 1363(b) of the Internal
Revenue Code, except | ||||||
9 | that taxable income shall take into
account those | ||||||
10 | items which are required by Section 1363(b)(1) of the
| ||||||
11 | Internal Revenue Code to be separately stated; and | ||||||
12 | (ii) a Subchapter
S corporation for which there is in | ||||||
13 | effect a federal election to opt out of
the provisions | ||||||
14 | of the Subchapter S Revision Act of 1982 and have | ||||||
15 | applied
instead the prior federal Subchapter S rules | ||||||
16 | as in effect on July 1, 1982,
the taxable income of | ||||||
17 | such corporation determined in accordance with the
| ||||||
18 | federal Subchapter S rules as in effect on July 1, | ||||||
19 | 1982; and | ||||||
20 | (H) Partnerships. In the case of a partnership, | ||||||
21 | taxable income
determined in accordance with Section | ||||||
22 | 703 of the Internal Revenue Code,
except that taxable | ||||||
23 | income shall take into account those items which are
| ||||||
24 | required by Section 703(a)(1) to be separately stated | ||||||
25 | but which would be
taken into account by an individual | ||||||
26 | in calculating his taxable income. |
| |||||||
| |||||||
1 | (3) Recapture of business expenses on disposition of | ||||||
2 | asset or business. Notwithstanding any other law to the | ||||||
3 | contrary, if in prior years income from an asset or | ||||||
4 | business has been classified as business income and in a | ||||||
5 | later year is demonstrated to be non-business income, then | ||||||
6 | all expenses, without limitation, deducted in such later | ||||||
7 | year and in the 2 immediately preceding taxable years | ||||||
8 | related to that asset or business that generated the | ||||||
9 | non-business income shall be added back and recaptured as | ||||||
10 | business income in the year of the disposition of the | ||||||
11 | asset or business. Such amount shall be apportioned to | ||||||
12 | Illinois using the greater of the apportionment fraction | ||||||
13 | computed for the business under Section 304 of this Act | ||||||
14 | for the taxable year or the average of the apportionment | ||||||
15 | fractions computed for the business under Section 304 of | ||||||
16 | this Act for the taxable year and for the 2 immediately | ||||||
17 | preceding taxable years.
| ||||||
18 | (f) Valuation limitation amount. | ||||||
19 | (1) In general. The valuation limitation amount | ||||||
20 | referred to in
subsections (a)(2)(G), (c)(2)(I) and | ||||||
21 | (d)(2)(E) is an amount equal to: | ||||||
22 | (A) The sum of the pre-August 1, 1969 appreciation | ||||||
23 | amounts (to the
extent consisting of gain reportable | ||||||
24 | under the provisions of Section
1245 or 1250 of the | ||||||
25 | Internal Revenue Code) for all property in respect
of |
| |||||||
| |||||||
1 | which such gain was reported for the taxable year; | ||||||
2 | plus | ||||||
3 | (B) The lesser of (i) the sum of the pre-August 1, | ||||||
4 | 1969 appreciation
amounts (to the extent consisting of | ||||||
5 | capital gain) for all property in
respect of which | ||||||
6 | such gain was reported for federal income tax purposes
| ||||||
7 | for the taxable year, or (ii) the net capital gain for | ||||||
8 | the taxable year,
reduced in either case by any amount | ||||||
9 | of such gain included in the amount
determined under | ||||||
10 | subsection (a)(2)(F) or (c)(2)(H). | ||||||
11 | (2) Pre-August 1, 1969 appreciation amount. | ||||||
12 | (A) If the fair market value of property referred | ||||||
13 | to in paragraph
(1) was readily ascertainable on | ||||||
14 | August 1, 1969, the pre-August 1, 1969
appreciation | ||||||
15 | amount for such property is the lesser of (i) the | ||||||
16 | excess of
such fair market value over the taxpayer's | ||||||
17 | basis (for determining gain)
for such property on that | ||||||
18 | date (determined under the Internal Revenue
Code as in | ||||||
19 | effect on that date), or (ii) the total gain realized | ||||||
20 | and
reportable for federal income tax purposes in | ||||||
21 | respect of the sale,
exchange or other disposition of | ||||||
22 | such property. | ||||||
23 | (B) If the fair market value of property referred | ||||||
24 | to in paragraph
(1) was not readily ascertainable on | ||||||
25 | August 1, 1969, the pre-August 1,
1969 appreciation | ||||||
26 | amount for such property is that amount which bears
|
| |||||||
| |||||||
1 | the same ratio to the total gain reported in respect of | ||||||
2 | the property for
federal income tax purposes for the | ||||||
3 | taxable year, as the number of full
calendar months in | ||||||
4 | that part of the taxpayer's holding period for the
| ||||||
5 | property ending July 31, 1969 bears to the number of | ||||||
6 | full calendar
months in the taxpayer's entire holding | ||||||
7 | period for the
property. | ||||||
8 | (C) The Department shall prescribe such | ||||||
9 | regulations as may be
necessary to carry out the | ||||||
10 | purposes of this paragraph. | ||||||
11 | (g) Double deductions. Unless specifically provided | ||||||
12 | otherwise, nothing
in this Section shall permit the same item | ||||||
13 | to be deducted more than once. | ||||||
14 | (h) Legislative intention. Except as expressly provided by | ||||||
15 | this
Section there shall be no modifications or limitations on | ||||||
16 | the amounts
of income, gain, loss or deduction taken into | ||||||
17 | account in determining
gross income, adjusted gross income or | ||||||
18 | taxable income for federal income
tax purposes for the taxable | ||||||
19 | year, or in the amount of such items
entering into the | ||||||
20 | computation of base income and net income under this
Act for | ||||||
21 | such taxable year, whether in respect of property values as of
| ||||||
22 | August 1, 1969 or otherwise. | ||||||
23 | (Source: P.A. 101-9, eff. 6-5-19; 101-81, eff. 7-12-19; | ||||||
24 | 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658, eff. |
| |||||||
| |||||||
1 | 8-27-21; revised 10-14-21.)
| ||||||
2 | (35 ILCS 5/901)
| ||||||
3 | Sec. 901. Collection authority. | ||||||
4 | (a) In general. The Department shall collect the taxes | ||||||
5 | imposed by this Act. The Department
shall collect certified | ||||||
6 | past due child support amounts under Section 2505-650
of the | ||||||
7 | Department of Revenue Law of the
Civil Administrative Code of | ||||||
8 | Illinois. Except as
provided in subsections (b), (c), (e), | ||||||
9 | (f), (g), and (h) of this Section, money collected
pursuant to | ||||||
10 | subsections (a) and (b) of Section 201 of this Act shall be
| ||||||
11 | paid into the General Revenue Fund in the State treasury; | ||||||
12 | money
collected pursuant to subsections (c) and (d) of Section | ||||||
13 | 201 of this Act
shall be paid into the Personal Property Tax | ||||||
14 | Replacement Fund, a special
fund in the State Treasury; and | ||||||
15 | money collected under Section 2505-650 of the
Department of | ||||||
16 | Revenue Law of the
Civil Administrative Code of Illinois shall | ||||||
17 | be paid
into the
Child Support Enforcement Trust Fund, a | ||||||
18 | special fund outside the State
Treasury, or
to the State
| ||||||
19 | Disbursement Unit established under Section 10-26 of the | ||||||
20 | Illinois Public Aid
Code, as directed by the Department of | ||||||
21 | Healthcare and Family Services. | ||||||
22 | (b) Local Government Distributive Fund. Beginning August | ||||||
23 | 1, 2017, the Treasurer shall transfer each month from the | ||||||
24 | General Revenue Fund to the Local Government Distributive Fund | ||||||
25 | an amount equal to the sum of: (i) 6.06% (10% of the ratio of |
| |||||||
| |||||||
1 | the 3% individual income tax rate prior to 2011 to the 4.95% | ||||||
2 | individual income tax rate after July 1, 2017) of the net | ||||||
3 | revenue realized from the tax imposed by subsections (a) and | ||||||
4 | (b) of Section 201 of this Act upon individuals, trusts, and | ||||||
5 | estates during the preceding month; (ii) 6.85% (10% of the | ||||||
6 | ratio of the 4.8% corporate income tax rate prior to 2011 to | ||||||
7 | the 7% corporate income tax rate after July 1, 2017) of the net | ||||||
8 | revenue realized from the tax imposed by subsections (a) and | ||||||
9 | (b) of Section 201 of this Act upon corporations during the | ||||||
10 | preceding month; and (iii) beginning February 1, 2022, 6.06% | ||||||
11 | of the net revenue realized from the tax imposed by subsection | ||||||
12 | (p) of Section 201 of this Act upon electing pass-through | ||||||
13 | entities. Net revenue realized for a month shall be defined as | ||||||
14 | the
revenue from the tax imposed by subsections (a) and (b) of | ||||||
15 | Section 201 of this
Act which is deposited in the General | ||||||
16 | Revenue Fund, the Education Assistance
Fund, the Income Tax | ||||||
17 | Surcharge Local Government Distributive Fund, the Fund for the | ||||||
18 | Advancement of Education, and the Commitment to Human Services | ||||||
19 | Fund during the
month minus the amount paid out of the General | ||||||
20 | Revenue Fund in State warrants
during that same month as | ||||||
21 | refunds to taxpayers for overpayment of liability
under the | ||||||
22 | tax imposed by subsections (a) and (b) of Section 201 of this | ||||||
23 | Act. | ||||||
24 | Notwithstanding any provision of law to the contrary, | ||||||
25 | beginning on July 6, 2017 (the effective date of Public Act | ||||||
26 | 100-23), those amounts required under this subsection (b) to |
| |||||||
| |||||||
1 | be transferred by the Treasurer into the Local Government | ||||||
2 | Distributive Fund from the General Revenue Fund shall be | ||||||
3 | directly deposited into the Local Government Distributive Fund | ||||||
4 | as the revenue is realized from the tax imposed by subsections | ||||||
5 | (a) and (b) of Section 201 of this Act. | ||||||
6 | (c) Deposits Into Income Tax Refund Fund. | ||||||
7 | (1) Beginning on January 1, 1989 and thereafter, the | ||||||
8 | Department shall
deposit a percentage of the amounts | ||||||
9 | collected pursuant to subsections (a)
and (b)(1), (2), and | ||||||
10 | (3) of Section 201 of this Act into a fund in the State
| ||||||
11 | treasury known as the Income Tax Refund Fund. Beginning | ||||||
12 | with State fiscal year 1990 and for each fiscal year
| ||||||
13 | thereafter, the percentage deposited into the Income Tax | ||||||
14 | Refund Fund during a
fiscal year shall be the Annual | ||||||
15 | Percentage. For fiscal year 2011, the Annual Percentage | ||||||
16 | shall be 8.75%. For fiscal year 2012, the Annual | ||||||
17 | Percentage shall be 8.75%. For fiscal year 2013, the | ||||||
18 | Annual Percentage shall be 9.75%. For fiscal year 2014, | ||||||
19 | the Annual Percentage shall be 9.5%. For fiscal year 2015, | ||||||
20 | the Annual Percentage shall be 10%. For fiscal year 2018, | ||||||
21 | the Annual Percentage shall be 9.8%. For fiscal year 2019, | ||||||
22 | the Annual Percentage shall be 9.7%. For fiscal year 2020, | ||||||
23 | the Annual Percentage shall be 9.5%. For fiscal year 2021, | ||||||
24 | the Annual Percentage shall be 9%. For fiscal year 2022, | ||||||
25 | the Annual Percentage shall be 9.25%. For all other
fiscal | ||||||
26 | years, the
Annual Percentage shall be calculated as a |
| |||||||
| |||||||
1 | fraction, the numerator of which
shall be the amount of | ||||||
2 | refunds approved for payment by the Department during
the | ||||||
3 | preceding fiscal year as a result of overpayment of tax | ||||||
4 | liability under
subsections (a) and (b)(1), (2), and (3) | ||||||
5 | of Section 201 of this Act plus the
amount of such refunds | ||||||
6 | remaining approved but unpaid at the end of the
preceding | ||||||
7 | fiscal year, minus the amounts transferred into the Income | ||||||
8 | Tax
Refund Fund from the Tobacco Settlement Recovery Fund, | ||||||
9 | and
the denominator of which shall be the amounts which | ||||||
10 | will be collected pursuant
to subsections (a) and (b)(1), | ||||||
11 | (2), and (3) of Section 201 of this Act during
the | ||||||
12 | preceding fiscal year; except that in State fiscal year | ||||||
13 | 2002, the Annual
Percentage shall in no event exceed 7.6%. | ||||||
14 | The Director of Revenue shall
certify the Annual | ||||||
15 | Percentage to the Comptroller on the last business day of
| ||||||
16 | the fiscal year immediately preceding the fiscal year for | ||||||
17 | which it is to be
effective. | ||||||
18 | (2) Beginning on January 1, 1989 and thereafter, the | ||||||
19 | Department shall
deposit a percentage of the amounts | ||||||
20 | collected pursuant to subsections (a)
and (b)(6), (7), and | ||||||
21 | (8), (c) and (d) of Section 201
of this Act into a fund in | ||||||
22 | the State treasury known as the Income Tax
Refund Fund. | ||||||
23 | Beginning
with State fiscal year 1990 and for each fiscal | ||||||
24 | year thereafter, the
percentage deposited into the Income | ||||||
25 | Tax Refund Fund during a fiscal year
shall be the Annual | ||||||
26 | Percentage. For fiscal year 2011, the Annual Percentage |
| |||||||
| |||||||
1 | shall be 17.5%. For fiscal year 2012, the Annual | ||||||
2 | Percentage shall be 17.5%. For fiscal year 2013, the | ||||||
3 | Annual Percentage shall be 14%. For fiscal year 2014, the | ||||||
4 | Annual Percentage shall be 13.4%. For fiscal year 2015, | ||||||
5 | the Annual Percentage shall be 14%. For fiscal year 2018, | ||||||
6 | the Annual Percentage shall be 17.5%. For fiscal year | ||||||
7 | 2019, the Annual Percentage shall be 15.5%. For fiscal | ||||||
8 | year 2020, the Annual Percentage shall be 14.25%. For | ||||||
9 | fiscal year 2021, the Annual Percentage shall be 14%. For | ||||||
10 | fiscal year 2022, the Annual Percentage shall be 15%. For | ||||||
11 | all other fiscal years, the Annual
Percentage shall be | ||||||
12 | calculated
as a fraction, the numerator of which shall be | ||||||
13 | the amount of refunds
approved for payment by the | ||||||
14 | Department during the preceding fiscal year as
a result of | ||||||
15 | overpayment of tax liability under subsections (a) and | ||||||
16 | (b)(6),
(7), and (8), (c) and (d) of Section 201 of this | ||||||
17 | Act plus the
amount of such refunds remaining approved but | ||||||
18 | unpaid at the end of the
preceding fiscal year, and the | ||||||
19 | denominator of
which shall be the amounts which will be | ||||||
20 | collected pursuant to subsections (a)
and (b)(6), (7), and | ||||||
21 | (8), (c) and (d) of Section 201 of this Act during the
| ||||||
22 | preceding fiscal year; except that in State fiscal year | ||||||
23 | 2002, the Annual
Percentage shall in no event exceed 23%. | ||||||
24 | The Director of Revenue shall
certify the Annual | ||||||
25 | Percentage to the Comptroller on the last business day of
| ||||||
26 | the fiscal year immediately preceding the fiscal year for |
| |||||||
| |||||||
1 | which it is to be
effective. | ||||||
2 | (3) The Comptroller shall order transferred and the | ||||||
3 | Treasurer shall
transfer from the Tobacco Settlement | ||||||
4 | Recovery Fund to the Income Tax Refund
Fund (i) | ||||||
5 | $35,000,000 in January, 2001, (ii) $35,000,000 in January, | ||||||
6 | 2002, and
(iii) $35,000,000 in January, 2003. | ||||||
7 | (d) Expenditures from Income Tax Refund Fund. | ||||||
8 | (1) Beginning January 1, 1989, money in the Income Tax | ||||||
9 | Refund Fund
shall be expended exclusively for the purpose | ||||||
10 | of paying refunds resulting
from overpayment of tax | ||||||
11 | liability under Section 201 of this Act
and for
making | ||||||
12 | transfers pursuant to this subsection (d). | ||||||
13 | (2) The Director shall order payment of refunds | ||||||
14 | resulting from
overpayment of tax liability under Section | ||||||
15 | 201 of this Act from the
Income Tax Refund Fund only to the | ||||||
16 | extent that amounts collected pursuant
to Section 201 of | ||||||
17 | this Act and transfers pursuant to this subsection (d)
and | ||||||
18 | item (3) of subsection (c) have been deposited and | ||||||
19 | retained in the
Fund. | ||||||
20 | (3) As soon as possible after the end of each fiscal | ||||||
21 | year, the Director
shall
order transferred and the State | ||||||
22 | Treasurer and State Comptroller shall
transfer from the | ||||||
23 | Income Tax Refund Fund to the Personal Property Tax
| ||||||
24 | Replacement Fund an amount, certified by the Director to | ||||||
25 | the Comptroller,
equal to the excess of the amount | ||||||
26 | collected pursuant to subsections (c) and
(d) of Section |
| |||||||
| |||||||
1 | 201 of this Act deposited into the Income Tax Refund Fund
| ||||||
2 | during the fiscal year over the amount of refunds | ||||||
3 | resulting from
overpayment of tax liability under | ||||||
4 | subsections (c) and (d) of Section 201
of this Act paid | ||||||
5 | from the Income Tax Refund Fund during the fiscal year. | ||||||
6 | (4) As soon as possible after the end of each fiscal | ||||||
7 | year, the Director shall
order transferred and the State | ||||||
8 | Treasurer and State Comptroller shall
transfer from the | ||||||
9 | Personal Property Tax Replacement Fund to the Income Tax
| ||||||
10 | Refund Fund an amount, certified by the Director to the | ||||||
11 | Comptroller, equal
to the excess of the amount of refunds | ||||||
12 | resulting from overpayment of tax
liability under | ||||||
13 | subsections (c) and (d) of Section 201 of this Act paid
| ||||||
14 | from the Income Tax Refund Fund during the fiscal year | ||||||
15 | over the amount
collected pursuant to subsections (c) and | ||||||
16 | (d) of Section 201 of this Act
deposited into the Income | ||||||
17 | Tax Refund Fund during the fiscal year. | ||||||
18 | (4.5) As soon as possible after the end of fiscal year | ||||||
19 | 1999 and of each
fiscal year
thereafter, the Director | ||||||
20 | shall order transferred and the State Treasurer and
State | ||||||
21 | Comptroller shall transfer from the Income Tax Refund Fund | ||||||
22 | to the General
Revenue Fund any surplus remaining in the | ||||||
23 | Income Tax Refund Fund as of the end
of such fiscal year; | ||||||
24 | excluding for fiscal years 2000, 2001, and 2002
amounts | ||||||
25 | attributable to transfers under item (3) of subsection (c) | ||||||
26 | less refunds
resulting from the earned income tax credit. |
| |||||||
| |||||||
1 | (5) This Act shall constitute an irrevocable and | ||||||
2 | continuing
appropriation from the Income Tax Refund Fund | ||||||
3 | for the purpose of paying
refunds upon the order of the | ||||||
4 | Director in accordance with the provisions of
this | ||||||
5 | Section. | ||||||
6 | (e) Deposits into the Education Assistance Fund and the | ||||||
7 | Income Tax
Surcharge Local Government Distributive Fund. On | ||||||
8 | July 1, 1991, and thereafter, of the amounts collected | ||||||
9 | pursuant to
subsections (a) and (b) of Section 201 of this Act, | ||||||
10 | minus deposits into the
Income Tax Refund Fund, the Department | ||||||
11 | shall deposit 7.3% into the
Education Assistance Fund in the | ||||||
12 | State Treasury. Beginning July 1, 1991,
and continuing through | ||||||
13 | January 31, 1993, of the amounts collected pursuant to
| ||||||
14 | subsections (a) and (b) of Section 201 of the Illinois Income | ||||||
15 | Tax Act, minus
deposits into the Income Tax Refund Fund, the | ||||||
16 | Department shall deposit 3.0%
into the Income Tax Surcharge | ||||||
17 | Local Government Distributive Fund in the State
Treasury. | ||||||
18 | Beginning February 1, 1993 and continuing through June 30, | ||||||
19 | 1993, of
the amounts collected pursuant to subsections (a) and | ||||||
20 | (b) of Section 201 of the
Illinois Income Tax Act, minus | ||||||
21 | deposits into the Income Tax Refund Fund, the
Department shall | ||||||
22 | deposit 4.4% into the Income Tax Surcharge Local Government
| ||||||
23 | Distributive Fund in the State Treasury. Beginning July 1, | ||||||
24 | 1993, and
continuing through June 30, 1994, of the amounts | ||||||
25 | collected under subsections
(a) and (b) of Section 201 of this | ||||||
26 | Act, minus deposits into the Income Tax
Refund Fund, the |
| |||||||
| |||||||
1 | Department shall deposit 1.475% into the Income Tax Surcharge
| ||||||
2 | Local Government Distributive Fund in the State Treasury. | ||||||
3 | (f) Deposits into the Fund for the Advancement of | ||||||
4 | Education. Beginning February 1, 2015, the Department shall | ||||||
5 | deposit the following portions of the revenue realized from | ||||||
6 | the tax imposed upon individuals, trusts, and estates by | ||||||
7 | subsections (a) and (b) of Section 201 of this Act, minus | ||||||
8 | deposits into the Income Tax Refund Fund, into the Fund for the | ||||||
9 | Advancement of Education: | ||||||
10 | (1) beginning February 1, 2015, and prior to February | ||||||
11 | 1, 2025, 1/30; and | ||||||
12 | (2) beginning February 1, 2025, 1/26. | ||||||
13 | If the rate of tax imposed by subsection (a) and (b) of | ||||||
14 | Section 201 is reduced pursuant to Section 201.5 of this Act, | ||||||
15 | the Department shall not make the deposits required by this | ||||||
16 | subsection (f) on or after the effective date of the | ||||||
17 | reduction. | ||||||
18 | (g) Deposits into the Commitment to Human Services Fund. | ||||||
19 | Beginning February 1, 2015, the Department shall deposit the | ||||||
20 | following portions of the revenue realized from the tax | ||||||
21 | imposed upon individuals, trusts, and estates by subsections | ||||||
22 | (a) and (b) of Section 201 of this Act, minus deposits into the | ||||||
23 | Income Tax Refund Fund, into the Commitment to Human Services | ||||||
24 | Fund: | ||||||
25 | (1) beginning February 1, 2015, and prior to February | ||||||
26 | 1, 2025, 1/30; and |
| |||||||
| |||||||
1 | (2) beginning February 1, 2025, 1/26. | ||||||
2 | If the rate of tax imposed by subsection (a) and (b) of | ||||||
3 | Section 201 is reduced pursuant to Section 201.5 of this Act, | ||||||
4 | the Department shall not make the deposits required by this | ||||||
5 | subsection (g) on or after the effective date of the | ||||||
6 | reduction. | ||||||
7 | (h) Deposits into the Tax Compliance and Administration | ||||||
8 | Fund. Beginning on the first day of the first calendar month to | ||||||
9 | occur on or after August 26, 2014 (the effective date of Public | ||||||
10 | Act 98-1098), each month the Department shall pay into the Tax | ||||||
11 | Compliance and Administration Fund, to be used, subject to | ||||||
12 | appropriation, to fund additional auditors and compliance | ||||||
13 | personnel at the Department, an amount equal to 1/12 of 5% of | ||||||
14 | the cash receipts collected during the preceding fiscal year | ||||||
15 | by the Audit Bureau of the Department from the tax imposed by | ||||||
16 | subsections (a), (b), (c), and (d) of Section 201 of this Act, | ||||||
17 | net of deposits into the Income Tax Refund Fund made from those | ||||||
18 | cash receipts. | ||||||
19 | (Source: P.A. 101-8, see Section 99 for effective date; | ||||||
20 | 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-636, eff. | ||||||
21 | 6-10-20; 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658, | ||||||
22 | eff. 8-27-21; revised 10-19-21.)
| ||||||
23 | (35 ILCS 5/917) (from Ch. 120, par. 9-917)
| ||||||
24 | Sec. 917. Confidentiality and information sharing.
| ||||||
25 | (a) Confidentiality.
Except as provided in this Section, |
| |||||||
| |||||||
1 | all information received by the Department
from returns filed | ||||||
2 | under this Act, or from any investigation conducted under
the | ||||||
3 | provisions of this Act, shall be confidential, except for | ||||||
4 | official purposes
within the Department or pursuant to | ||||||
5 | official procedures for collection
of any State tax or | ||||||
6 | pursuant to an investigation or audit by the Illinois
State | ||||||
7 | Scholarship Commission of a delinquent student loan or | ||||||
8 | monetary award
or enforcement of any civil or criminal penalty | ||||||
9 | or sanction
imposed by this Act or by another statute imposing | ||||||
10 | a State tax, and any
person who divulges any such information | ||||||
11 | in any manner, except for such
purposes and pursuant to order | ||||||
12 | of the Director or in accordance with a proper
judicial order, | ||||||
13 | shall be guilty of a Class A misdemeanor. However, the
| ||||||
14 | provisions of this paragraph are not applicable to information | ||||||
15 | furnished
to (i) the Department of Healthcare and Family | ||||||
16 | Services (formerly
Department of Public Aid), State's | ||||||
17 | Attorneys, and the Attorney General for child support | ||||||
18 | enforcement purposes and (ii) a licensed attorney representing | ||||||
19 | the taxpayer where an appeal or a protest
has been filed on | ||||||
20 | behalf of the taxpayer. If it is necessary to file information | ||||||
21 | obtained pursuant to this Act in a child support enforcement | ||||||
22 | proceeding, the information shall be filed under seal. The | ||||||
23 | furnishing upon request of the Auditor General, or his or her | ||||||
24 | authorized agents, for official use of returns filed and | ||||||
25 | information related thereto under this Act is deemed to be an | ||||||
26 | official purpose within the Department within the meaning of |
| |||||||
| |||||||
1 | this Section.
| ||||||
2 | (b) Public information. Nothing contained in this Act | ||||||
3 | shall prevent
the Director from publishing or making available | ||||||
4 | to the public the names
and addresses of persons filing | ||||||
5 | returns under this Act, or from publishing
or making available | ||||||
6 | reasonable statistics concerning the operation of the
tax | ||||||
7 | wherein the contents of returns are grouped into aggregates in | ||||||
8 | such a
way that the information contained in any individual | ||||||
9 | return shall not be
disclosed.
| ||||||
10 | (c) Governmental agencies. The Director may make available | ||||||
11 | to the
Secretary of the Treasury of the United States or his | ||||||
12 | delegate, or the
proper officer or his delegate of any other | ||||||
13 | state imposing a tax upon or
measured by income, for | ||||||
14 | exclusively official purposes, information received
by the | ||||||
15 | Department in the administration of this Act, but such | ||||||
16 | permission
shall be granted only if the United States or such | ||||||
17 | other state, as the case
may be, grants the Department | ||||||
18 | substantially similar privileges. The Director
may exchange | ||||||
19 | information with the Department of Healthcare and Family | ||||||
20 | Services and the
Department of Human Services (acting as | ||||||
21 | successor to the Department of Public
Aid under the Department | ||||||
22 | of Human Services Act) for
the purpose of verifying sources | ||||||
23 | and amounts of income and for other purposes
directly | ||||||
24 | connected with the administration of this Act, the Illinois | ||||||
25 | Public Aid Code, and any other health benefit program | ||||||
26 | administered by the State. The Director may exchange |
| |||||||
| |||||||
1 | information with the Director of
the Department of Employment | ||||||
2 | Security for the purpose of verifying sources
and amounts of | ||||||
3 | income and for other purposes directly connected with the
| ||||||
4 | administration of this Act and Acts administered by the | ||||||
5 | Department of
Employment
Security.
The Director may make | ||||||
6 | available to the Illinois Workers' Compensation Commission
| ||||||
7 | information regarding employers for the purpose of verifying | ||||||
8 | the insurance
coverage required under the Workers' | ||||||
9 | Compensation Act and Workers'
Occupational Diseases Act. The | ||||||
10 | Director may exchange information with the Illinois Department | ||||||
11 | on Aging for the purpose of verifying sources and amounts of | ||||||
12 | income for purposes directly related to confirming eligibility | ||||||
13 | for participation in the programs of benefits authorized by | ||||||
14 | the Senior Citizens and Persons with Disabilities Property Tax | ||||||
15 | Relief and Pharmaceutical Assistance Act. The Director may | ||||||
16 | exchange information with the State Treasurer's Office and the | ||||||
17 | Department of Employment Security for the purpose of | ||||||
18 | implementing, administering, and enforcing the Illinois Secure | ||||||
19 | Choice Savings Program Act. The Director may exchange | ||||||
20 | information with the State Treasurer's Office for the purpose | ||||||
21 | of administering the Revised Uniform Unclaimed Property Act or | ||||||
22 | successor Acts. The Director may exchange information with the | ||||||
23 | State Treasurer's Office for the purpose of administering the | ||||||
24 | Illinois Higher Education Savings Program established under | ||||||
25 | Section 16.8 of the State Treasurer Act.
| ||||||
26 | The Director may make available to any State agency, |
| |||||||
| |||||||
1 | including the
Illinois Supreme Court, which licenses persons | ||||||
2 | to engage in any occupation,
information that a person | ||||||
3 | licensed by such agency has failed to file
returns under this | ||||||
4 | Act or pay the tax, penalty and interest shown therein,
or has | ||||||
5 | failed to pay any final assessment of tax, penalty or interest | ||||||
6 | due
under this Act.
The Director may make available to any | ||||||
7 | State agency, including the Illinois
Supreme
Court, | ||||||
8 | information regarding whether a bidder, contractor, or an | ||||||
9 | affiliate of a
bidder or
contractor has failed to file returns | ||||||
10 | under this Act or pay the tax, penalty,
and interest
shown | ||||||
11 | therein, or has failed to pay any final assessment of tax, | ||||||
12 | penalty, or
interest due
under this Act, for the limited | ||||||
13 | purpose of enforcing bidder and contractor
certifications.
For | ||||||
14 | purposes of this Section, the term "affiliate" means any | ||||||
15 | entity that (1)
directly,
indirectly, or constructively | ||||||
16 | controls another entity, (2) is directly,
indirectly, or
| ||||||
17 | constructively controlled by another entity, or (3) is subject | ||||||
18 | to the control
of
a common
entity. For purposes of this | ||||||
19 | subsection (a), an entity controls another entity
if
it owns,
| ||||||
20 | directly or individually, more than 10% of the voting | ||||||
21 | securities of that
entity.
As used in
this subsection (a), the | ||||||
22 | term "voting security" means a security that (1)
confers upon | ||||||
23 | the
holder the right to vote for the election of members of the | ||||||
24 | board of directors
or similar
governing body of the business | ||||||
25 | or (2) is convertible into, or entitles the
holder to receive
| ||||||
26 | upon its exercise, a security that confers such a right to |
| |||||||
| |||||||
1 | vote. A general
partnership
interest is a voting security.
| ||||||
2 | The Director may make available to any State agency, | ||||||
3 | including the
Illinois
Supreme Court, units of local | ||||||
4 | government, and school districts, information
regarding
| ||||||
5 | whether a bidder or contractor is an affiliate of a person who | ||||||
6 | is not
collecting
and
remitting Illinois Use taxes, for the | ||||||
7 | limited purpose of enforcing bidder and
contractor
| ||||||
8 | certifications.
| ||||||
9 | The Director may also make available to the Secretary of | ||||||
10 | State
information that a corporation which has been issued a | ||||||
11 | certificate of
incorporation by the Secretary of State has | ||||||
12 | failed to file returns under
this Act or pay the tax, penalty | ||||||
13 | and interest shown therein, or has failed
to pay any final | ||||||
14 | assessment of tax, penalty or interest due under this Act.
An | ||||||
15 | assessment is final when all proceedings in court for
review | ||||||
16 | of such assessment have terminated or the time for the taking
| ||||||
17 | thereof has expired without such proceedings being instituted. | ||||||
18 | For
taxable years ending on or after December 31, 1987, the | ||||||
19 | Director may make
available to the Director or principal | ||||||
20 | officer of any Department of the
State of Illinois, | ||||||
21 | information that a person employed by such Department
has | ||||||
22 | failed to file returns under this Act or pay the tax, penalty | ||||||
23 | and
interest shown therein. For purposes of this paragraph, | ||||||
24 | the word
"Department" shall have the same meaning as provided | ||||||
25 | in Section 3 of the
State Employees Group Insurance Act of | ||||||
26 | 1971.
|
| |||||||
| |||||||
1 | (d) The Director shall make available for public
| ||||||
2 | inspection in the Department's principal office and for | ||||||
3 | publication, at cost,
administrative decisions issued on or | ||||||
4 | after January
1, 1995. These decisions are to be made | ||||||
5 | available in a manner so that the
following
taxpayer | ||||||
6 | information is not disclosed:
| ||||||
7 | (1) The names, addresses, and identification numbers | ||||||
8 | of the taxpayer,
related entities, and employees.
| ||||||
9 | (2) At the sole discretion of the Director, trade | ||||||
10 | secrets
or other confidential information identified as | ||||||
11 | such by the taxpayer, no later
than 30 days after receipt | ||||||
12 | of an administrative decision, by such means as the
| ||||||
13 | Department shall provide by rule.
| ||||||
14 | The Director shall determine the
appropriate extent of the
| ||||||
15 | deletions allowed in paragraph (2). In the event the taxpayer | ||||||
16 | does not submit
deletions,
the Director shall make only the | ||||||
17 | deletions specified in paragraph (1).
| ||||||
18 | The Director shall make available for public inspection | ||||||
19 | and publication an
administrative decision within 180 days | ||||||
20 | after the issuance of the
administrative
decision. The term | ||||||
21 | "administrative decision" has the same meaning as defined in
| ||||||
22 | Section 3-101 of Article III of the Code of Civil Procedure. | ||||||
23 | Costs collected
under this Section shall be paid into the Tax | ||||||
24 | Compliance and Administration
Fund.
| ||||||
25 | (e) Nothing contained in this Act shall prevent the | ||||||
26 | Director from
divulging
information to any person pursuant to |
| |||||||
| |||||||
1 | a request or authorization made by the
taxpayer, by an | ||||||
2 | authorized representative of the taxpayer, or, in the case of
| ||||||
3 | information related to a joint return, by the spouse filing | ||||||
4 | the joint return
with the taxpayer.
| ||||||
5 | (Source: P.A. 102-61, eff. 7-9-21; 102-129, eff. 7-23-21; | ||||||
6 | revised 8-10-21.)
| ||||||
7 | Section 250. The Economic Development for a Growing | ||||||
8 | Economy Tax Credit Act is amended by changing Section 5-45 as | ||||||
9 | follows:
| ||||||
10 | (35 ILCS 10/5-45)
| ||||||
11 | Sec. 5-45. Amount and duration of the credit.
| ||||||
12 | (a) The Department shall
determine the amount and
duration | ||||||
13 | of the credit awarded under this Act. The duration of the
| ||||||
14 | credit may not exceed 10 taxable years.
The credit may be | ||||||
15 | stated as
a percentage of the Incremental Income Tax | ||||||
16 | attributable
to the applicant's project and may include a | ||||||
17 | fixed dollar limitation.
| ||||||
18 | (b) Notwithstanding subsection (a),
and except as the | ||||||
19 | credit may be applied in a carryover year pursuant to Section
| ||||||
20 | 211(4) of the Illinois Income Tax Act, the credit may be | ||||||
21 | applied against the
State income tax liability in more than 10 | ||||||
22 | taxable years but not in more than
15 taxable years for an | ||||||
23 | eligible business
that (i) qualifies under this Act
and the | ||||||
24 | Corporate Headquarters Relocation Act and has in fact |
| |||||||
| |||||||
1 | undertaken a
qualifying project within the time frame | ||||||
2 | specified by the Department of
Commerce and Economic | ||||||
3 | Opportunity under that Act, and (ii) applies against its
State | ||||||
4 | income tax liability, during the entire 15-year
period, no | ||||||
5 | more than 60% of the maximum
credit per year that would | ||||||
6 | otherwise be available under this Act.
| ||||||
7 | (c) Nothing in this Section shall prevent the Department, | ||||||
8 | in consultation with the Department of Revenue, from adopting | ||||||
9 | rules to extend the sunset of any earned, existing, and unused | ||||||
10 | tax credit or credits a taxpayer may be in possession of, as | ||||||
11 | provided for in Section 605-1070 605-1055 of the Department of | ||||||
12 | Commerce and Economic Opportunity Law of the Civil | ||||||
13 | Administrative Code of Illinois, notwithstanding the | ||||||
14 | carry-forward provisions pursuant to paragraph (4) of Section | ||||||
15 | 211 of the Illinois Income Tax Act. | ||||||
16 | (Source: P.A. 102-16, eff. 6-17-21; revised 12-6-21.)
| ||||||
17 | Section 255. The Retailers' Occupation Tax Act is amended | ||||||
18 | by changing Sections 1, 2-5, and 3 as follows:
| ||||||
19 | (35 ILCS 120/1) (from Ch. 120, par. 440)
| ||||||
20 | Sec. 1. Definitions. "Sale at retail" means any transfer | ||||||
21 | of the
ownership of or title to
tangible personal property to a | ||||||
22 | purchaser, for the purpose of use or
consumption, and not for | ||||||
23 | the purpose of resale in any form as tangible
personal | ||||||
24 | property to the extent not first subjected to a use for which |
| |||||||
| |||||||
1 | it
was purchased, for a valuable consideration: Provided that | ||||||
2 | the property
purchased is deemed to be purchased for the | ||||||
3 | purpose of resale, despite
first being used, to the extent to | ||||||
4 | which it is resold as an ingredient of
an intentionally | ||||||
5 | produced product or byproduct of manufacturing. For this
| ||||||
6 | purpose, slag produced as an incident to manufacturing pig | ||||||
7 | iron or steel
and sold is considered to be an intentionally | ||||||
8 | produced byproduct of
manufacturing. Transactions whereby the | ||||||
9 | possession of the property is
transferred but the seller | ||||||
10 | retains the title as security for payment of the
selling price | ||||||
11 | shall be deemed to be sales.
| ||||||
12 | "Sale at retail" shall be construed to include any | ||||||
13 | transfer of the
ownership of or title to tangible personal | ||||||
14 | property to a purchaser, for use
or consumption by any other | ||||||
15 | person to whom such purchaser may transfer the
tangible | ||||||
16 | personal property without a valuable consideration, and to | ||||||
17 | include
any transfer, whether made for or without a valuable | ||||||
18 | consideration, for
resale in any form as tangible personal | ||||||
19 | property unless made in compliance
with Section 2c of this | ||||||
20 | Act.
| ||||||
21 | Sales of tangible personal property, which property, to | ||||||
22 | the extent not
first subjected to a use for which it was | ||||||
23 | purchased, as an ingredient or
constituent, goes into and | ||||||
24 | forms a part of tangible personal property
subsequently the | ||||||
25 | subject of a "Sale at retail", are not sales at retail as
| ||||||
26 | defined in this Act: Provided that the property purchased is |
| |||||||
| |||||||
1 | deemed to be
purchased for the purpose of resale, despite | ||||||
2 | first being used, to the
extent to which it is resold as an | ||||||
3 | ingredient of an intentionally produced
product or byproduct | ||||||
4 | of manufacturing.
| ||||||
5 | "Sale at retail" shall be construed to include any | ||||||
6 | Illinois florist's
sales transaction in which the purchase | ||||||
7 | order is received in Illinois by a
florist and the sale is for | ||||||
8 | use or consumption, but the Illinois florist
has a florist in | ||||||
9 | another state deliver the property to the purchaser or the
| ||||||
10 | purchaser's donee in such other state.
| ||||||
11 | Nonreusable tangible personal property that is used by | ||||||
12 | persons engaged in
the business of operating a restaurant, | ||||||
13 | cafeteria, or drive-in is a sale for
resale when it is | ||||||
14 | transferred to customers in the ordinary course of business
as | ||||||
15 | part of the sale of food or beverages and is used to deliver, | ||||||
16 | package, or
consume food or beverages, regardless of where | ||||||
17 | consumption of the food or
beverages occurs. Examples of those | ||||||
18 | items include, but are not limited to
nonreusable, paper and | ||||||
19 | plastic cups, plates, baskets, boxes, sleeves, buckets
or | ||||||
20 | other containers, utensils, straws, placemats, napkins, doggie | ||||||
21 | bags, and
wrapping or packaging
materials that are transferred | ||||||
22 | to customers as part of the sale of food or
beverages in the | ||||||
23 | ordinary course of business.
| ||||||
24 | The purchase, employment and transfer of such tangible | ||||||
25 | personal property
as newsprint and ink for the primary purpose | ||||||
26 | of conveying news (with or
without other information) is not a |
| |||||||
| |||||||
1 | purchase, use or sale of tangible
personal property.
| ||||||
2 | A person whose activities are organized and conducted | ||||||
3 | primarily as a
not-for-profit service enterprise, and who | ||||||
4 | engages in selling tangible
personal property at retail | ||||||
5 | (whether to the public or merely to members and
their guests) | ||||||
6 | is engaged in the business of selling tangible personal
| ||||||
7 | property at retail with respect to such transactions, | ||||||
8 | excepting only a
person organized and operated exclusively for | ||||||
9 | charitable, religious or
educational purposes either (1), to | ||||||
10 | the extent of sales by such person to
its members, students, | ||||||
11 | patients or inmates of tangible personal property to
be used | ||||||
12 | primarily for the purposes of such person, or (2), to the | ||||||
13 | extent of
sales by such person of tangible personal property | ||||||
14 | which is not sold or
offered for sale by persons organized for | ||||||
15 | profit. The selling of school
books and school supplies by | ||||||
16 | schools at retail to students is not
"primarily for the | ||||||
17 | purposes of" the school which does such selling. The
| ||||||
18 | provisions of this paragraph shall not apply to nor subject to | ||||||
19 | taxation
occasional dinners, socials or similar activities of | ||||||
20 | a person organized and
operated exclusively for charitable, | ||||||
21 | religious or educational purposes,
whether or not such | ||||||
22 | activities are open to the public.
| ||||||
23 | A person who is the recipient of a grant or contract under | ||||||
24 | Title VII of
the Older Americans Act of 1965 (P.L. 92-258) and | ||||||
25 | serves meals to
participants in the federal Nutrition Program | ||||||
26 | for the Elderly in return for
contributions established in |
| |||||||
| |||||||
1 | amount by the individual participant pursuant
to a schedule of | ||||||
2 | suggested fees as provided for in the federal Act is not
| ||||||
3 | engaged in the business of selling tangible personal property | ||||||
4 | at retail
with respect to such transactions.
| ||||||
5 | "Purchaser" means anyone who, through a sale at retail, | ||||||
6 | acquires the
ownership of or title to tangible personal | ||||||
7 | property for a valuable
consideration.
| ||||||
8 | "Reseller of motor fuel" means any person engaged in the | ||||||
9 | business of selling
or delivering or transferring title of | ||||||
10 | motor fuel to another person
other than for use or | ||||||
11 | consumption.
No person shall act as a reseller of motor fuel | ||||||
12 | within this State without
first being registered as a reseller | ||||||
13 | pursuant to Section 2c or a retailer
pursuant to Section 2a.
| ||||||
14 | "Selling price" or the "amount of sale" means the | ||||||
15 | consideration for a
sale valued in money whether received in | ||||||
16 | money or otherwise, including
cash, credits, property, other | ||||||
17 | than as hereinafter provided, and services,
but, prior to | ||||||
18 | January 1, 2020 and beginning again on January 1, 2022, not | ||||||
19 | including the value of or credit given for traded-in tangible
| ||||||
20 | personal property where the item that is traded-in is of like | ||||||
21 | kind and
character as that which is being sold; beginning | ||||||
22 | January 1, 2020 and until January 1, 2022, "selling price" | ||||||
23 | includes the portion of the value of or credit given for | ||||||
24 | traded-in motor vehicles of the First Division as defined in | ||||||
25 | Section 1-146 of the Illinois Vehicle Code of like kind and | ||||||
26 | character as that which is being sold that exceeds $10,000. |
| |||||||
| |||||||
1 | "Selling price" shall be determined without any
deduction on | ||||||
2 | account of the cost of the property sold, the cost of
materials | ||||||
3 | used, labor or service cost or any other expense whatsoever, | ||||||
4 | but
does not include charges that are added to prices by | ||||||
5 | sellers on account of
the seller's tax liability under this | ||||||
6 | Act, or on account of the seller's
duty to collect, from the | ||||||
7 | purchaser, the tax that is imposed by the Use Tax
Act, or, | ||||||
8 | except as otherwise provided with respect to any cigarette tax | ||||||
9 | imposed by a home rule unit, on account of the seller's tax | ||||||
10 | liability under any local occupation tax administered by the | ||||||
11 | Department, or, except as otherwise provided with respect to | ||||||
12 | any cigarette tax imposed by a home rule unit on account of the | ||||||
13 | seller's duty to collect, from the purchasers, the tax that is | ||||||
14 | imposed under any local use tax administered by the | ||||||
15 | Department.
Effective December 1, 1985, "selling price" shall | ||||||
16 | include charges that
are added to prices by sellers on account | ||||||
17 | of the seller's
tax liability under the Cigarette Tax Act, on | ||||||
18 | account of the sellers'
duty to collect, from the purchaser, | ||||||
19 | the tax imposed under the Cigarette
Use Tax Act, and on account | ||||||
20 | of the seller's duty to collect, from the
purchaser, any | ||||||
21 | cigarette tax imposed by a home rule unit.
| ||||||
22 | Notwithstanding any law to the contrary, for any motor | ||||||
23 | vehicle, as defined in Section 1-146 of the Vehicle Code, that | ||||||
24 | is sold on or after January 1, 2015 for the purpose of leasing | ||||||
25 | the vehicle for a defined period that is longer than one year | ||||||
26 | and (1) is a motor vehicle of the second division that: (A) is |
| |||||||
| |||||||
1 | a self-contained motor vehicle designed or permanently | ||||||
2 | converted to provide living quarters for recreational, | ||||||
3 | camping, or travel use, with direct walk through access to the | ||||||
4 | living quarters from the driver's seat; (B) is of the van | ||||||
5 | configuration designed for the transportation of not less than | ||||||
6 | 7 nor more than 16 passengers; or (C) has a gross vehicle | ||||||
7 | weight rating of 8,000 pounds or less or (2) is a motor vehicle | ||||||
8 | of the first division, "selling price" or "amount of sale" | ||||||
9 | means the consideration received by the lessor pursuant to the | ||||||
10 | lease contract, including amounts due at lease signing and all | ||||||
11 | monthly or other regular payments charged over the term of the | ||||||
12 | lease. Also included in the selling price is any amount | ||||||
13 | received by the lessor from the lessee for the leased vehicle | ||||||
14 | that is not calculated at the time the lease is executed, | ||||||
15 | including, but not limited to, excess mileage charges and | ||||||
16 | charges for excess wear and tear. For sales that occur in | ||||||
17 | Illinois, with respect to any amount received by the lessor | ||||||
18 | from the lessee for the leased vehicle that is not calculated | ||||||
19 | at the time the lease is executed, the lessor who purchased the | ||||||
20 | motor vehicle does not incur the tax imposed by the Use Tax Act | ||||||
21 | on those amounts, and the retailer who makes the retail sale of | ||||||
22 | the motor vehicle to the lessor is not required to collect the | ||||||
23 | tax imposed by the Use Tax Act or to pay the tax imposed by | ||||||
24 | this Act on those amounts. However, the lessor who purchased | ||||||
25 | the motor vehicle assumes the liability for reporting and | ||||||
26 | paying the tax on those amounts directly to the Department in |
| |||||||
| |||||||
1 | the same form (Illinois Retailers' Occupation Tax, and local | ||||||
2 | retailers' occupation taxes, if applicable) in which the | ||||||
3 | retailer would have reported and paid such tax if the retailer | ||||||
4 | had accounted for the tax to the Department. For amounts | ||||||
5 | received by the lessor from the lessee that are not calculated | ||||||
6 | at the time the lease is executed, the lessor must file the | ||||||
7 | return and pay the tax to the Department by the due date | ||||||
8 | otherwise required by this Act for returns other than | ||||||
9 | transaction returns. If the retailer is entitled under this | ||||||
10 | Act to a discount for collecting and remitting the tax imposed | ||||||
11 | under this Act to the Department with respect to the sale of | ||||||
12 | the motor vehicle to the lessor, then the right to the discount | ||||||
13 | provided in this Act shall be transferred to the lessor with | ||||||
14 | respect to the tax paid by the lessor for any amount received | ||||||
15 | by the lessor from the lessee for the leased vehicle that is | ||||||
16 | not calculated at the time the lease is executed; provided | ||||||
17 | that the discount is only allowed if the return is timely filed | ||||||
18 | and for amounts timely paid. The "selling price" of a motor | ||||||
19 | vehicle that is sold on or after January 1, 2015 for the | ||||||
20 | purpose of leasing for a defined period of longer than one year | ||||||
21 | shall not be reduced by the value of or credit given for | ||||||
22 | traded-in tangible personal property owned by the lessor, nor | ||||||
23 | shall it be reduced by the value of or credit given for | ||||||
24 | traded-in tangible personal property owned by the lessee, | ||||||
25 | regardless of whether the trade-in value thereof is assigned | ||||||
26 | by the lessee to the lessor. In the case of a motor vehicle |
| |||||||
| |||||||
1 | that is sold for the purpose of leasing for a defined period of | ||||||
2 | longer than one year, the sale occurs at the time of the | ||||||
3 | delivery of the vehicle, regardless of the due date of any | ||||||
4 | lease payments. A lessor who incurs a Retailers' Occupation | ||||||
5 | Tax liability on the sale of a motor vehicle coming off lease | ||||||
6 | may not take a credit against that liability for the Use Tax | ||||||
7 | the lessor paid upon the purchase of the motor vehicle (or for | ||||||
8 | any tax the lessor paid with respect to any amount received by | ||||||
9 | the lessor from the lessee for the leased vehicle that was not | ||||||
10 | calculated at the time the lease was executed) if the selling | ||||||
11 | price of the motor vehicle at the time of purchase was | ||||||
12 | calculated using the definition of "selling price" as defined | ||||||
13 | in this paragraph.
Notwithstanding any other provision of this | ||||||
14 | Act to the contrary, lessors shall file all returns and make | ||||||
15 | all payments required under this paragraph to the Department | ||||||
16 | by electronic means in the manner and form as required by the | ||||||
17 | Department. This paragraph does not apply to leases of motor | ||||||
18 | vehicles for which, at the time the lease is entered into, the | ||||||
19 | term of the lease is not a defined period, including leases | ||||||
20 | with a defined initial period with the option to continue the | ||||||
21 | lease on a month-to-month or other basis beyond the initial | ||||||
22 | defined period. | ||||||
23 | The phrase "like kind and character" shall be liberally | ||||||
24 | construed
(including but not limited to any form of motor | ||||||
25 | vehicle for any form of
motor vehicle, or any kind of farm or | ||||||
26 | agricultural implement for any other
kind of farm or |
| |||||||
| |||||||
1 | agricultural implement), while not including a kind of item
| ||||||
2 | which, if sold at retail by that retailer, would be exempt from | ||||||
3 | retailers'
occupation tax and use tax as an isolated or | ||||||
4 | occasional sale.
| ||||||
5 | "Gross receipts" from the sales of tangible personal | ||||||
6 | property at retail
means the total selling price or the amount | ||||||
7 | of such sales, as hereinbefore
defined. In the case of charge | ||||||
8 | and time sales, the amount thereof shall be
included only as | ||||||
9 | and when payments are received by the seller.
Receipts or | ||||||
10 | other consideration derived by a seller from
the sale, | ||||||
11 | transfer or assignment of accounts receivable to a wholly | ||||||
12 | owned
subsidiary will not be deemed payments prior to the time | ||||||
13 | the purchaser
makes payment on such accounts.
| ||||||
14 | "Department" means the Department of Revenue.
| ||||||
15 | "Person" means any natural individual, firm, partnership, | ||||||
16 | association,
joint stock company, joint adventure, public or | ||||||
17 | private corporation, limited
liability company, or a receiver, | ||||||
18 | executor, trustee, guardian or other
representative appointed | ||||||
19 | by order of any court.
| ||||||
20 | The isolated or occasional sale of tangible personal | ||||||
21 | property at retail
by a person who does not hold himself out as | ||||||
22 | being engaged (or who does not
habitually engage) in selling | ||||||
23 | such tangible personal property at retail, or
a sale through a | ||||||
24 | bulk vending machine, does not constitute engaging in a
| ||||||
25 | business of selling such tangible personal property at retail | ||||||
26 | within the
meaning of this Act; provided that any person who is |
| |||||||
| |||||||
1 | engaged in a business
which is not subject to the tax imposed | ||||||
2 | by this Act because of involving
the sale of or a contract to | ||||||
3 | sell real estate or a construction contract to
improve real | ||||||
4 | estate or a construction contract to engineer, install, and
| ||||||
5 | maintain an integrated system of products, but who, in the | ||||||
6 | course of
conducting such business,
transfers tangible | ||||||
7 | personal property to users or consumers in the finished
form | ||||||
8 | in which it was purchased, and which does not become real | ||||||
9 | estate or was
not engineered and installed, under any | ||||||
10 | provision of a construction contract or
real estate sale or | ||||||
11 | real estate sales agreement entered into with some other
| ||||||
12 | person arising out of or because of such nontaxable business, | ||||||
13 | is engaged in the
business of selling tangible personal | ||||||
14 | property at retail to the extent of the
value of the tangible | ||||||
15 | personal property so transferred. If, in such a
transaction, a | ||||||
16 | separate charge is made for the tangible personal property so
| ||||||
17 | transferred, the value of such property, for the purpose of | ||||||
18 | this Act, shall be
the amount so separately charged, but not | ||||||
19 | less than the cost of such property
to the transferor; if no | ||||||
20 | separate charge is made, the value of such property,
for the | ||||||
21 | purposes of this Act, is the cost to the transferor of such | ||||||
22 | tangible
personal property. Construction contracts for the | ||||||
23 | improvement of real estate
consisting of engineering, | ||||||
24 | installation, and maintenance of voice, data, video,
security, | ||||||
25 | and all telecommunication systems do not constitute engaging | ||||||
26 | in a
business of selling tangible personal property at retail |
| |||||||
| |||||||
1 | within the meaning of
this Act if they are sold at one | ||||||
2 | specified contract price.
| ||||||
3 | A person who holds himself or herself out as being engaged | ||||||
4 | (or who habitually
engages) in selling tangible personal | ||||||
5 | property at retail is a person
engaged in the business of | ||||||
6 | selling tangible personal property at retail
hereunder with | ||||||
7 | respect to such sales (and not primarily in a service
| ||||||
8 | occupation) notwithstanding the fact that such person designs | ||||||
9 | and produces
such tangible personal property on special order | ||||||
10 | for the purchaser and in
such a way as to render the property | ||||||
11 | of value only to such purchaser, if
such tangible personal | ||||||
12 | property so produced on special order serves
substantially the | ||||||
13 | same function as stock or standard items of tangible
personal | ||||||
14 | property that are sold at retail.
| ||||||
15 | Persons who engage in the business of transferring | ||||||
16 | tangible personal
property upon the redemption of trading | ||||||
17 | stamps are engaged in the business
of selling such property at | ||||||
18 | retail and shall be liable for and shall pay
the tax imposed by | ||||||
19 | this Act on the basis of the retail value of the
property | ||||||
20 | transferred upon redemption of such stamps.
| ||||||
21 | "Bulk vending machine" means a vending machine,
containing | ||||||
22 | unsorted confections, nuts, toys, or other items designed
| ||||||
23 | primarily to be used or played with by children
which, when a | ||||||
24 | coin or coins of a denomination not larger than $0.50 are
| ||||||
25 | inserted, are dispensed in equal portions, at random and
| ||||||
26 | without selection by the customer.
|
| |||||||
| |||||||
1 | "Remote retailer" means a retailer that does not maintain | ||||||
2 | within this State, directly or by a subsidiary, an office, | ||||||
3 | distribution house, sales house, warehouse or other place of | ||||||
4 | business, or any agent or other representative operating | ||||||
5 | within this State under the authority of the retailer or its | ||||||
6 | subsidiary, irrespective of whether such place of business or | ||||||
7 | agent is located here permanently or temporarily or whether | ||||||
8 | such retailer or subsidiary is licensed to do business in this | ||||||
9 | State. | ||||||
10 | "Marketplace" means a physical or electronic place, forum, | ||||||
11 | platform, application, or other method by which a marketplace | ||||||
12 | seller sells or offers to sell items. | ||||||
13 | "Marketplace facilitator" means a person who, pursuant to | ||||||
14 | an agreement with an unrelated third-party marketplace seller, | ||||||
15 | directly or indirectly through one or more affiliates | ||||||
16 | facilitates a retail sale by an unrelated third party | ||||||
17 | marketplace seller by: | ||||||
18 | (1) listing or advertising for sale by the marketplace | ||||||
19 | seller in a marketplace, tangible personal property that | ||||||
20 | is subject to tax under this Act; and | ||||||
21 | (2) either directly or indirectly, through agreements | ||||||
22 | or arrangements with third parties, collecting payment | ||||||
23 | from the customer and transmitting that payment to the | ||||||
24 | marketplace seller regardless of whether the marketplace | ||||||
25 | facilitator receives compensation or other consideration | ||||||
26 | in exchange for its services. |
| |||||||
| |||||||
1 | A person who provides advertising services, including | ||||||
2 | listing products for sale, is not considered a marketplace | ||||||
3 | facilitator, so long as the advertising service platform or | ||||||
4 | forum does not engage, directly or indirectly through one or | ||||||
5 | more affiliated persons, in the activities described in | ||||||
6 | paragraph (2) of this definition of "marketplace facilitator". | ||||||
7 | "Marketplace facilitator" does not include any person | ||||||
8 | licensed under the Auction License Act. This exemption does | ||||||
9 | not apply to any person who is an Internet auction listing | ||||||
10 | service, as defined by the Auction License Act. | ||||||
11 | "Marketplace seller" means a person that makes sales | ||||||
12 | through a marketplace operated by an unrelated third party | ||||||
13 | marketplace facilitator. | ||||||
14 | (Source: P.A. 101-31, eff. 6-28-19; 101-604, eff. 1-1-20; | ||||||
15 | 102-353, eff. 1-1-22; 102-634, eff. 8-27-21; revised 11-1-21.)
| ||||||
16 | (35 ILCS 120/2-5)
| ||||||
17 | Sec. 2-5. Exemptions. Gross receipts from proceeds from | ||||||
18 | the sale of
the following tangible personal property are | ||||||
19 | exempt from the tax imposed
by this Act:
| ||||||
20 | (1) Farm chemicals.
| ||||||
21 | (2) Farm machinery and equipment, both new and used, | ||||||
22 | including that
manufactured on special order, certified by | ||||||
23 | the purchaser to be used
primarily for production | ||||||
24 | agriculture or State or federal agricultural
programs, | ||||||
25 | including individual replacement parts for the machinery |
| |||||||
| |||||||
1 | and
equipment, including machinery and equipment purchased | ||||||
2 | for lease,
and including implements of husbandry defined | ||||||
3 | in Section 1-130 of
the Illinois Vehicle Code, farm | ||||||
4 | machinery and agricultural chemical and
fertilizer | ||||||
5 | spreaders, and nurse wagons required to be registered
| ||||||
6 | under Section 3-809 of the Illinois Vehicle Code,
but
| ||||||
7 | excluding other motor vehicles required to be registered | ||||||
8 | under the Illinois
Vehicle Code.
Horticultural polyhouses | ||||||
9 | or hoop houses used for propagating, growing, or
| ||||||
10 | overwintering plants shall be considered farm machinery | ||||||
11 | and equipment under
this item (2).
Agricultural chemical | ||||||
12 | tender tanks and dry boxes shall include units sold
| ||||||
13 | separately from a motor vehicle required to be licensed | ||||||
14 | and units sold mounted
on a motor vehicle required to be | ||||||
15 | licensed, if the selling price of the tender
is separately | ||||||
16 | stated.
| ||||||
17 | Farm machinery and equipment shall include precision | ||||||
18 | farming equipment
that is
installed or purchased to be | ||||||
19 | installed on farm machinery and equipment
including, but | ||||||
20 | not limited to, tractors, harvesters, sprayers, planters,
| ||||||
21 | seeders, or spreaders.
Precision farming equipment | ||||||
22 | includes, but is not limited to,
soil testing sensors, | ||||||
23 | computers, monitors, software, global positioning
and | ||||||
24 | mapping systems, and other such equipment.
| ||||||
25 | Farm machinery and equipment also includes computers, | ||||||
26 | sensors, software, and
related equipment used primarily in |
| |||||||
| |||||||
1 | the
computer-assisted operation of production agriculture | ||||||
2 | facilities, equipment,
and activities such as, but
not | ||||||
3 | limited to,
the collection, monitoring, and correlation of
| ||||||
4 | animal and crop data for the purpose of
formulating animal | ||||||
5 | diets and agricultural chemicals. This item (2) is exempt
| ||||||
6 | from the provisions of
Section 2-70.
| ||||||
7 | (3) Until July 1, 2003, distillation machinery and | ||||||
8 | equipment, sold as a
unit or kit,
assembled or installed | ||||||
9 | by the retailer, certified by the user to be used
only for | ||||||
10 | the production of ethyl alcohol that will be used for | ||||||
11 | consumption
as motor fuel or as a component of motor fuel | ||||||
12 | for the personal use of the
user, and not subject to sale | ||||||
13 | or resale.
| ||||||
14 | (4) Until July 1, 2003 and beginning again September | ||||||
15 | 1, 2004 through August 30, 2014, graphic arts machinery | ||||||
16 | and equipment, including
repair and
replacement parts, | ||||||
17 | both new and used, and including that manufactured on
| ||||||
18 | special order or purchased for lease, certified by the | ||||||
19 | purchaser to be used
primarily for graphic arts | ||||||
20 | production.
Equipment includes chemicals or
chemicals | ||||||
21 | acting as catalysts but only if
the chemicals or chemicals | ||||||
22 | acting as catalysts effect a direct and immediate
change | ||||||
23 | upon a
graphic arts product. Beginning on July 1, 2017, | ||||||
24 | graphic arts machinery and equipment is included in the | ||||||
25 | manufacturing and assembling machinery and equipment | ||||||
26 | exemption under paragraph (14).
|
| |||||||
| |||||||
1 | (5) A motor vehicle that is used for automobile | ||||||
2 | renting, as defined in the Automobile Renting Occupation | ||||||
3 | and Use Tax Act. This paragraph is exempt from
the | ||||||
4 | provisions of Section 2-70.
| ||||||
5 | (6) Personal property sold by a teacher-sponsored | ||||||
6 | student organization
affiliated with an elementary or | ||||||
7 | secondary school located in Illinois.
| ||||||
8 | (7) Until July 1, 2003, proceeds of that portion of | ||||||
9 | the selling price of
a passenger car the
sale of which is | ||||||
10 | subject to the Replacement Vehicle Tax.
| ||||||
11 | (8) Personal property sold to an Illinois county fair | ||||||
12 | association for
use in conducting, operating, or promoting | ||||||
13 | the county fair.
| ||||||
14 | (9) Personal property sold to a not-for-profit arts
or | ||||||
15 | cultural organization that establishes, by proof required | ||||||
16 | by the Department
by
rule, that it has received an | ||||||
17 | exemption under Section 501(c)(3) of the
Internal Revenue | ||||||
18 | Code and that is organized and operated primarily for the
| ||||||
19 | presentation
or support of arts or cultural programming, | ||||||
20 | activities, or services. These
organizations include, but | ||||||
21 | are not limited to, music and dramatic arts
organizations | ||||||
22 | such as symphony orchestras and theatrical groups, arts | ||||||
23 | and
cultural service organizations, local arts councils, | ||||||
24 | visual arts organizations,
and media arts organizations.
| ||||||
25 | On and after July 1, 2001 (the effective date of Public Act | ||||||
26 | 92-35), however, an entity otherwise eligible for this |
| |||||||
| |||||||
1 | exemption shall not
make tax-free purchases unless it has | ||||||
2 | an active identification number issued by
the Department.
| ||||||
3 | (10) Personal property sold by a corporation, society, | ||||||
4 | association,
foundation, institution, or organization, | ||||||
5 | other than a limited liability
company, that is organized | ||||||
6 | and operated as a not-for-profit service enterprise
for | ||||||
7 | the benefit of persons 65 years of age or older if the | ||||||
8 | personal property
was not purchased by the enterprise for | ||||||
9 | the purpose of resale by the
enterprise.
| ||||||
10 | (11) Personal property sold to a governmental body, to | ||||||
11 | a corporation,
society, association, foundation, or | ||||||
12 | institution organized and operated
exclusively for | ||||||
13 | charitable, religious, or educational purposes, or to a
| ||||||
14 | not-for-profit corporation, society, association, | ||||||
15 | foundation, institution,
or organization that has no | ||||||
16 | compensated officers or employees and that is
organized | ||||||
17 | and operated primarily for the recreation of persons 55 | ||||||
18 | years of
age or older. A limited liability company may | ||||||
19 | qualify for the exemption under
this paragraph only if the | ||||||
20 | limited liability company is organized and operated
| ||||||
21 | exclusively for educational purposes. On and after July 1, | ||||||
22 | 1987, however, no
entity otherwise eligible for this | ||||||
23 | exemption shall make tax-free purchases
unless it has an | ||||||
24 | active identification number issued by the Department.
| ||||||
25 | (12) (Blank).
| ||||||
26 | (12-5) On and after July 1, 2003 and through June 30, |
| |||||||
| |||||||
1 | 2004, motor vehicles of the second division
with a gross | ||||||
2 | vehicle weight in excess of 8,000 pounds
that
are
subject | ||||||
3 | to the commercial distribution fee imposed under Section | ||||||
4 | 3-815.1 of
the Illinois
Vehicle Code. Beginning on July 1, | ||||||
5 | 2004 and through June 30, 2005, the use in this State of | ||||||
6 | motor vehicles of the second division: (i) with a gross | ||||||
7 | vehicle weight rating in excess of 8,000 pounds; (ii) that | ||||||
8 | are subject to the commercial distribution fee imposed | ||||||
9 | under Section 3-815.1 of the Illinois Vehicle Code; and | ||||||
10 | (iii) that are primarily used for commercial purposes. | ||||||
11 | Through June 30, 2005, this
exemption applies to repair | ||||||
12 | and replacement parts added
after the
initial purchase of | ||||||
13 | such a motor vehicle if that motor vehicle is used in a
| ||||||
14 | manner that
would qualify for the rolling stock exemption | ||||||
15 | otherwise provided for in this
Act. For purposes of this | ||||||
16 | paragraph, "used for commercial purposes" means the | ||||||
17 | transportation of persons or property in furtherance of | ||||||
18 | any commercial or industrial enterprise whether for-hire | ||||||
19 | or not.
| ||||||
20 | (13) Proceeds from sales to owners, lessors, or
| ||||||
21 | shippers of
tangible personal property that is utilized by | ||||||
22 | interstate carriers for
hire for use as rolling stock | ||||||
23 | moving in interstate commerce
and equipment operated by a | ||||||
24 | telecommunications provider, licensed as a
common carrier | ||||||
25 | by the Federal Communications Commission, which is
| ||||||
26 | permanently installed in or affixed to aircraft moving in |
| |||||||
| |||||||
1 | interstate commerce.
| ||||||
2 | (14) Machinery and equipment that will be used by the | ||||||
3 | purchaser, or a
lessee of the purchaser, primarily in the | ||||||
4 | process of manufacturing or
assembling tangible personal | ||||||
5 | property for wholesale or retail sale or
lease, whether | ||||||
6 | the sale or lease is made directly by the manufacturer or | ||||||
7 | by
some other person, whether the materials used in the | ||||||
8 | process are owned by
the manufacturer or some other | ||||||
9 | person, or whether the sale or lease is made
apart from or | ||||||
10 | as an incident to the seller's engaging in the service
| ||||||
11 | occupation of producing machines, tools, dies, jigs, | ||||||
12 | patterns, gauges, or
other similar items of no commercial | ||||||
13 | value on special order for a particular
purchaser. The | ||||||
14 | exemption provided by this paragraph (14) does not include | ||||||
15 | machinery and equipment used in (i) the generation of | ||||||
16 | electricity for wholesale or retail sale; (ii) the | ||||||
17 | generation or treatment of natural or artificial gas for | ||||||
18 | wholesale or retail sale that is delivered to customers | ||||||
19 | through pipes, pipelines, or mains; or (iii) the treatment | ||||||
20 | of water for wholesale or retail sale that is delivered to | ||||||
21 | customers through pipes, pipelines, or mains. The | ||||||
22 | provisions of Public Act 98-583 are declaratory of | ||||||
23 | existing law as to the meaning and scope of this | ||||||
24 | exemption. Beginning on July 1, 2017, the exemption | ||||||
25 | provided by this paragraph (14) includes, but is not | ||||||
26 | limited to, graphic arts machinery and equipment, as |
| |||||||
| |||||||
1 | defined in paragraph (4) of this Section.
| ||||||
2 | (15) Proceeds of mandatory service charges separately | ||||||
3 | stated on
customers' bills for purchase and consumption of | ||||||
4 | food and beverages, to the
extent that the proceeds of the | ||||||
5 | service charge are in fact turned over as
tips or as a | ||||||
6 | substitute for tips to the employees who participate | ||||||
7 | directly
in preparing, serving, hosting or cleaning up the | ||||||
8 | food or beverage function
with respect to which the | ||||||
9 | service charge is imposed.
| ||||||
10 | (16) Tangible personal property sold to a purchaser if | ||||||
11 | the purchaser is exempt from use tax by operation of | ||||||
12 | federal law. This paragraph is exempt from the provisions | ||||||
13 | of Section 2-70.
| ||||||
14 | (17) Tangible personal property sold to a common | ||||||
15 | carrier by rail or
motor that
receives the physical | ||||||
16 | possession of the property in Illinois and that
transports | ||||||
17 | the property, or shares with another common carrier in the
| ||||||
18 | transportation of the property, out of Illinois on a | ||||||
19 | standard uniform bill
of lading showing the seller of the | ||||||
20 | property as the shipper or consignor of
the property to a | ||||||
21 | destination outside Illinois, for use outside Illinois.
| ||||||
22 | (18) Legal tender, currency, medallions, or gold or | ||||||
23 | silver coinage
issued by the State of Illinois, the | ||||||
24 | government of the United States of
America, or the | ||||||
25 | government of any foreign country, and bullion.
| ||||||
26 | (19) Until July 1, 2003, oil field exploration, |
| |||||||
| |||||||
1 | drilling, and production
equipment, including
(i) rigs and | ||||||
2 | parts of rigs, rotary rigs, cable tool
rigs, and workover | ||||||
3 | rigs, (ii) pipe and tubular goods, including casing and
| ||||||
4 | drill strings, (iii) pumps and pump-jack units, (iv) | ||||||
5 | storage tanks and flow
lines, (v) any individual | ||||||
6 | replacement part for oil field exploration,
drilling, and | ||||||
7 | production equipment, and (vi) machinery and equipment | ||||||
8 | purchased
for lease; but
excluding motor vehicles required | ||||||
9 | to be registered under the Illinois
Vehicle Code.
| ||||||
10 | (20) Photoprocessing machinery and equipment, | ||||||
11 | including repair and
replacement parts, both new and used, | ||||||
12 | including that manufactured on
special order, certified by | ||||||
13 | the purchaser to be used primarily for
photoprocessing, | ||||||
14 | and including photoprocessing machinery and equipment
| ||||||
15 | purchased for lease.
| ||||||
16 | (21) Until July 1, 2023, coal and aggregate | ||||||
17 | exploration, mining, off-highway hauling,
processing,
| ||||||
18 | maintenance, and reclamation equipment, including
| ||||||
19 | replacement parts and equipment, and including
equipment | ||||||
20 | purchased for lease, but excluding motor vehicles required | ||||||
21 | to be
registered under the Illinois Vehicle Code. The | ||||||
22 | changes made to this Section by Public Act 97-767 apply on | ||||||
23 | and after July 1, 2003, but no claim for credit or refund | ||||||
24 | is allowed on or after August 16, 2013 (the effective date | ||||||
25 | of Public Act 98-456)
for such taxes paid during the | ||||||
26 | period beginning July 1, 2003 and ending on August 16, |
| |||||||
| |||||||
1 | 2013 (the effective date of Public Act 98-456).
| ||||||
2 | (22) Until June 30, 2013, fuel and petroleum products | ||||||
3 | sold to or used by an air carrier,
certified by the carrier | ||||||
4 | to be used for consumption, shipment, or storage
in the | ||||||
5 | conduct of its business as an air common carrier, for a | ||||||
6 | flight
destined for or returning from a location or | ||||||
7 | locations
outside the United States without regard to | ||||||
8 | previous or subsequent domestic
stopovers.
| ||||||
9 | Beginning July 1, 2013, fuel and petroleum products | ||||||
10 | sold to or used by an air carrier, certified by the carrier | ||||||
11 | to be used for consumption, shipment, or storage in the | ||||||
12 | conduct of its business as an air common carrier, for a | ||||||
13 | flight that (i) is engaged in foreign trade or is engaged | ||||||
14 | in trade between the United States and any of its | ||||||
15 | possessions and (ii) transports at least one individual or | ||||||
16 | package for hire from the city of origination to the city | ||||||
17 | of final destination on the same aircraft, without regard | ||||||
18 | to a change in the flight number of that aircraft. | ||||||
19 | (23) A transaction in which the purchase order is | ||||||
20 | received by a florist
who is located outside Illinois, but | ||||||
21 | who has a florist located in Illinois
deliver the property | ||||||
22 | to the purchaser or the purchaser's donee in Illinois.
| ||||||
23 | (24) Fuel consumed or used in the operation of ships, | ||||||
24 | barges, or vessels
that are used primarily in or for the | ||||||
25 | transportation of property or the
conveyance of persons | ||||||
26 | for hire on rivers bordering on this State if the
fuel is |
| |||||||
| |||||||
1 | delivered by the seller to the purchaser's barge, ship, or | ||||||
2 | vessel
while it is afloat upon that bordering river.
| ||||||
3 | (25) Except as provided in item (25-5) of this | ||||||
4 | Section, a
motor vehicle sold in this State to a | ||||||
5 | nonresident even though the
motor vehicle is delivered to | ||||||
6 | the nonresident in this State, if the motor
vehicle is not | ||||||
7 | to be titled in this State, and if a drive-away permit
is | ||||||
8 | issued to the motor vehicle as provided in Section 3-603 | ||||||
9 | of the Illinois
Vehicle Code or if the nonresident | ||||||
10 | purchaser has vehicle registration
plates to transfer to | ||||||
11 | the motor vehicle upon returning to his or her home
state. | ||||||
12 | The issuance of the drive-away permit or having
the
| ||||||
13 | out-of-state registration plates to be transferred is | ||||||
14 | prima facie evidence
that the motor vehicle will not be | ||||||
15 | titled in this State.
| ||||||
16 | (25-5) The exemption under item (25) does not apply if | ||||||
17 | the state in which the motor vehicle will be titled does | ||||||
18 | not allow a reciprocal exemption for a motor vehicle sold | ||||||
19 | and delivered in that state to an Illinois resident but | ||||||
20 | titled in Illinois. The tax collected under this Act on | ||||||
21 | the sale of a motor vehicle in this State to a resident of | ||||||
22 | another state that does not allow a reciprocal exemption | ||||||
23 | shall be imposed at a rate equal to the state's rate of tax | ||||||
24 | on taxable property in the state in which the purchaser is | ||||||
25 | a resident, except that the tax shall not exceed the tax | ||||||
26 | that would otherwise be imposed under this Act. At the |
| |||||||
| |||||||
1 | time of the sale, the purchaser shall execute a statement, | ||||||
2 | signed under penalty of perjury, of his or her intent to | ||||||
3 | title the vehicle in the state in which the purchaser is a | ||||||
4 | resident within 30 days after the sale and of the fact of | ||||||
5 | the payment to the State of Illinois of tax in an amount | ||||||
6 | equivalent to the state's rate of tax on taxable property | ||||||
7 | in his or her state of residence and shall submit the | ||||||
8 | statement to the appropriate tax collection agency in his | ||||||
9 | or her state of residence. In addition, the retailer must | ||||||
10 | retain a signed copy of the statement in his or her | ||||||
11 | records. Nothing in this item shall be construed to | ||||||
12 | require the removal of the vehicle from this state | ||||||
13 | following the filing of an intent to title the vehicle in | ||||||
14 | the purchaser's state of residence if the purchaser titles | ||||||
15 | the vehicle in his or her state of residence within 30 days | ||||||
16 | after the date of sale. The tax collected under this Act in | ||||||
17 | accordance with this item (25-5) shall be proportionately | ||||||
18 | distributed as if the tax were collected at the 6.25% | ||||||
19 | general rate imposed under this Act.
| ||||||
20 | (25-7) Beginning on July 1, 2007, no tax is imposed | ||||||
21 | under this Act on the sale of an aircraft, as defined in | ||||||
22 | Section 3 of the Illinois Aeronautics Act, if all of the | ||||||
23 | following conditions are met: | ||||||
24 | (1) the aircraft leaves this State within 15 days | ||||||
25 | after the later of either the issuance of the final | ||||||
26 | billing for the sale of the aircraft, or the |
| |||||||
| |||||||
1 | authorized approval for return to service, completion | ||||||
2 | of the maintenance record entry, and completion of the | ||||||
3 | test flight and ground test for inspection, as | ||||||
4 | required by 14 C.F.R. 91.407; | ||||||
5 | (2) the aircraft is not based or registered in | ||||||
6 | this State after the sale of the aircraft; and | ||||||
7 | (3) the seller retains in his or her books and | ||||||
8 | records and provides to the Department a signed and | ||||||
9 | dated certification from the purchaser, on a form | ||||||
10 | prescribed by the Department, certifying that the | ||||||
11 | requirements of this item (25-7) are met. The | ||||||
12 | certificate must also include the name and address of | ||||||
13 | the purchaser, the address of the location where the | ||||||
14 | aircraft is to be titled or registered, the address of | ||||||
15 | the primary physical location of the aircraft, and | ||||||
16 | other information that the Department may reasonably | ||||||
17 | require. | ||||||
18 | For purposes of this item (25-7): | ||||||
19 | "Based in this State" means hangared, stored, or | ||||||
20 | otherwise used, excluding post-sale customizations as | ||||||
21 | defined in this Section, for 10 or more days in each | ||||||
22 | 12-month period immediately following the date of the sale | ||||||
23 | of the aircraft. | ||||||
24 | "Registered in this State" means an aircraft | ||||||
25 | registered with the Department of Transportation, | ||||||
26 | Aeronautics Division, or titled or registered with the |
| |||||||
| |||||||
1 | Federal Aviation Administration to an address located in | ||||||
2 | this State. | ||||||
3 | This paragraph (25-7) is exempt from the provisions
of
| ||||||
4 | Section 2-70.
| ||||||
5 | (26) Semen used for artificial insemination of | ||||||
6 | livestock for direct
agricultural production.
| ||||||
7 | (27) Horses, or interests in horses, registered with | ||||||
8 | and meeting the
requirements of any of the
Arabian Horse | ||||||
9 | Club Registry of America, Appaloosa Horse Club, American | ||||||
10 | Quarter
Horse Association, United States
Trotting | ||||||
11 | Association, or Jockey Club, as appropriate, used for
| ||||||
12 | purposes of breeding or racing for prizes. This item (27) | ||||||
13 | is exempt from the provisions of Section 2-70, and the | ||||||
14 | exemption provided for under this item (27) applies for | ||||||
15 | all periods beginning May 30, 1995, but no claim for | ||||||
16 | credit or refund is allowed on or after January 1, 2008 | ||||||
17 | (the effective date of Public Act 95-88)
for such taxes | ||||||
18 | paid during the period beginning May 30, 2000 and ending | ||||||
19 | on January 1, 2008 (the effective date of Public Act | ||||||
20 | 95-88).
| ||||||
21 | (28) Computers and communications equipment utilized | ||||||
22 | for any
hospital
purpose
and equipment used in the | ||||||
23 | diagnosis,
analysis, or treatment of hospital patients | ||||||
24 | sold to a lessor who leases the
equipment, under a lease of | ||||||
25 | one year or longer executed or in effect at the
time of the | ||||||
26 | purchase, to a
hospital
that has been issued an active tax |
| |||||||
| |||||||
1 | exemption identification number by the
Department under | ||||||
2 | Section 1g of this Act.
| ||||||
3 | (29) Personal property sold to a lessor who leases the
| ||||||
4 | property, under a
lease of one year or longer executed or | ||||||
5 | in effect at the time of the purchase,
to a governmental | ||||||
6 | body
that has been issued an active tax exemption | ||||||
7 | identification number by the
Department under Section 1g | ||||||
8 | of this Act.
| ||||||
9 | (30) Beginning with taxable years ending on or after | ||||||
10 | December
31, 1995
and
ending with taxable years ending on | ||||||
11 | or before December 31, 2004,
personal property that is
| ||||||
12 | donated for disaster relief to be used in a State or | ||||||
13 | federally declared
disaster area in Illinois or bordering | ||||||
14 | Illinois by a manufacturer or retailer
that is registered | ||||||
15 | in this State to a corporation, society, association,
| ||||||
16 | foundation, or institution that has been issued a sales | ||||||
17 | tax exemption
identification number by the Department that | ||||||
18 | assists victims of the disaster
who reside within the | ||||||
19 | declared disaster area.
| ||||||
20 | (31) Beginning with taxable years ending on or after | ||||||
21 | December
31, 1995 and
ending with taxable years ending on | ||||||
22 | or before December 31, 2004, personal
property that is | ||||||
23 | used in the performance of infrastructure repairs in this
| ||||||
24 | State, including but not limited to municipal roads and | ||||||
25 | streets, access roads,
bridges, sidewalks, waste disposal | ||||||
26 | systems, water and sewer line extensions,
water |
| |||||||
| |||||||
1 | distribution and purification facilities, storm water | ||||||
2 | drainage and
retention facilities, and sewage treatment | ||||||
3 | facilities, resulting from a State
or federally declared | ||||||
4 | disaster in Illinois or bordering Illinois when such
| ||||||
5 | repairs are initiated on facilities located in the | ||||||
6 | declared disaster area
within 6 months after the disaster.
| ||||||
7 | (32) Beginning July 1, 1999, game or game birds sold | ||||||
8 | at a "game breeding
and
hunting preserve area" as that | ||||||
9 | term is used
in the
Wildlife Code. This paragraph is | ||||||
10 | exempt from the provisions
of
Section 2-70.
| ||||||
11 | (33) A motor vehicle, as that term is defined in | ||||||
12 | Section 1-146
of the
Illinois Vehicle Code, that is | ||||||
13 | donated to a corporation, limited liability
company, | ||||||
14 | society, association, foundation, or institution that is | ||||||
15 | determined by
the Department to be organized and operated | ||||||
16 | exclusively for educational
purposes. For purposes of this | ||||||
17 | exemption, "a corporation, limited liability
company, | ||||||
18 | society, association, foundation, or institution organized | ||||||
19 | and
operated
exclusively for educational purposes" means | ||||||
20 | all tax-supported public schools,
private schools that | ||||||
21 | offer systematic instruction in useful branches of
| ||||||
22 | learning by methods common to public schools and that | ||||||
23 | compare favorably in
their scope and intensity with the | ||||||
24 | course of study presented in tax-supported
schools, and | ||||||
25 | vocational or technical schools or institutes organized | ||||||
26 | and
operated exclusively to provide a course of study of |
| |||||||
| |||||||
1 | not less than 6 weeks
duration and designed to prepare | ||||||
2 | individuals to follow a trade or to pursue a
manual, | ||||||
3 | technical, mechanical, industrial, business, or commercial
| ||||||
4 | occupation.
| ||||||
5 | (34) Beginning January 1, 2000, personal property, | ||||||
6 | including food, purchased
through fundraising events for | ||||||
7 | the benefit of a public or private elementary or
secondary | ||||||
8 | school, a group of those schools, or one or more school | ||||||
9 | districts if
the events are sponsored by an entity | ||||||
10 | recognized by the school district that
consists primarily | ||||||
11 | of volunteers and includes parents and teachers of the
| ||||||
12 | school children. This paragraph does not apply to | ||||||
13 | fundraising events (i) for
the benefit of private home | ||||||
14 | instruction or (ii) for which the fundraising
entity | ||||||
15 | purchases the personal property sold at the events from | ||||||
16 | another
individual or entity that sold the property for | ||||||
17 | the purpose of resale by the
fundraising entity and that | ||||||
18 | profits from the sale to the fundraising entity.
This | ||||||
19 | paragraph is exempt from the provisions of Section 2-70.
| ||||||
20 | (35) Beginning January 1, 2000 and through December | ||||||
21 | 31, 2001, new or used
automatic vending machines that | ||||||
22 | prepare and serve hot food and beverages,
including | ||||||
23 | coffee, soup, and other items, and replacement parts for | ||||||
24 | these
machines. Beginning January 1, 2002 and through June | ||||||
25 | 30, 2003, machines
and parts for machines used in
| ||||||
26 | commercial, coin-operated amusement and vending business |
| |||||||
| |||||||
1 | if a use or occupation
tax is paid on the gross receipts | ||||||
2 | derived from the use of the commercial,
coin-operated | ||||||
3 | amusement and vending machines. This paragraph is exempt | ||||||
4 | from
the provisions of Section 2-70.
| ||||||
5 | (35-5) Beginning August 23, 2001 and through June 30, | ||||||
6 | 2016, food for human consumption that is to be consumed | ||||||
7 | off
the premises where it is sold (other than alcoholic | ||||||
8 | beverages, soft drinks,
and food that has been prepared | ||||||
9 | for immediate consumption) and prescription
and | ||||||
10 | nonprescription medicines, drugs, medical appliances, and | ||||||
11 | insulin, urine
testing materials, syringes, and needles | ||||||
12 | used by diabetics, for human use, when
purchased for use | ||||||
13 | by a person receiving medical assistance under Article V | ||||||
14 | of
the Illinois Public Aid Code who resides in a licensed | ||||||
15 | long-term care facility,
as defined in the Nursing Home | ||||||
16 | Care Act, or a licensed facility as defined in the ID/DD | ||||||
17 | Community Care Act, the MC/DD Act, or the Specialized | ||||||
18 | Mental Health Rehabilitation Act of 2013.
| ||||||
19 | (36) Beginning August 2, 2001, computers and | ||||||
20 | communications equipment
utilized for any hospital purpose | ||||||
21 | and equipment used in the diagnosis,
analysis, or | ||||||
22 | treatment of hospital patients sold to a lessor who leases | ||||||
23 | the
equipment, under a lease of one year or longer | ||||||
24 | executed or in effect at the
time of the purchase, to a | ||||||
25 | hospital that has been issued an active tax
exemption | ||||||
26 | identification number by the Department under Section 1g |
| |||||||
| |||||||
1 | of this Act.
This paragraph is exempt from the provisions | ||||||
2 | of Section 2-70.
| ||||||
3 | (37) Beginning August 2, 2001, personal property sold | ||||||
4 | to a lessor who
leases the property, under a lease of one | ||||||
5 | year or longer executed or in effect
at the time of the | ||||||
6 | purchase, to a governmental body that has been issued an
| ||||||
7 | active tax exemption identification number by the | ||||||
8 | Department under Section 1g
of this Act. This paragraph is | ||||||
9 | exempt from the provisions of Section 2-70.
| ||||||
10 | (38) Beginning on January 1, 2002 and through June 30, | ||||||
11 | 2016, tangible personal property purchased
from an | ||||||
12 | Illinois retailer by a taxpayer engaged in centralized | ||||||
13 | purchasing
activities in Illinois who will, upon receipt | ||||||
14 | of the property in Illinois,
temporarily store the | ||||||
15 | property in Illinois (i) for the purpose of subsequently
| ||||||
16 | transporting it outside this State for use or consumption | ||||||
17 | thereafter solely
outside this State or (ii) for the | ||||||
18 | purpose of being processed, fabricated, or
manufactured | ||||||
19 | into, attached to, or incorporated into other tangible | ||||||
20 | personal
property to be transported outside this State and | ||||||
21 | thereafter used or consumed
solely outside this State. The | ||||||
22 | Director of Revenue shall, pursuant to rules
adopted in | ||||||
23 | accordance with the Illinois Administrative Procedure Act, | ||||||
24 | issue a
permit to any taxpayer in good standing with the | ||||||
25 | Department who is eligible for
the exemption under this | ||||||
26 | paragraph (38). The permit issued under
this paragraph |
| |||||||
| |||||||
1 | (38) shall authorize the holder, to the extent and
in the | ||||||
2 | manner specified in the rules adopted under this Act, to | ||||||
3 | purchase
tangible personal property from a retailer exempt | ||||||
4 | from the taxes imposed by
this Act. Taxpayers shall | ||||||
5 | maintain all necessary books and records to
substantiate | ||||||
6 | the use and consumption of all such tangible personal | ||||||
7 | property
outside of the State of Illinois.
| ||||||
8 | (39) Beginning January 1, 2008, tangible personal | ||||||
9 | property used in the construction or maintenance of a | ||||||
10 | community water supply, as defined under Section 3.145 of | ||||||
11 | the Environmental Protection Act, that is operated by a | ||||||
12 | not-for-profit corporation that holds a valid water supply | ||||||
13 | permit issued under Title IV of the Environmental | ||||||
14 | Protection Act. This paragraph is exempt from the | ||||||
15 | provisions of Section 2-70.
| ||||||
16 | (40) Beginning January 1, 2010 and continuing through | ||||||
17 | December 31, 2024, materials, parts, equipment, | ||||||
18 | components, and furnishings incorporated into or upon an | ||||||
19 | aircraft as part of the modification, refurbishment, | ||||||
20 | completion, replacement, repair, or maintenance of the | ||||||
21 | aircraft. This exemption includes consumable supplies used | ||||||
22 | in the modification, refurbishment, completion, | ||||||
23 | replacement, repair, and maintenance of aircraft, but | ||||||
24 | excludes any materials, parts, equipment, components, and | ||||||
25 | consumable supplies used in the modification, replacement, | ||||||
26 | repair, and maintenance of aircraft engines or power |
| |||||||
| |||||||
1 | plants, whether such engines or power plants are installed | ||||||
2 | or uninstalled upon any such aircraft. "Consumable | ||||||
3 | supplies" include, but are not limited to, adhesive, tape, | ||||||
4 | sandpaper, general purpose lubricants, cleaning solution, | ||||||
5 | latex gloves, and protective films. This exemption applies | ||||||
6 | only to the sale of qualifying tangible personal property | ||||||
7 | to persons who modify, refurbish, complete, replace, or | ||||||
8 | maintain an aircraft and who (i) hold an Air Agency | ||||||
9 | Certificate and are empowered to operate an approved | ||||||
10 | repair station by the Federal Aviation Administration, | ||||||
11 | (ii) have a Class IV Rating, and (iii) conduct operations | ||||||
12 | in accordance with Part 145 of the Federal Aviation | ||||||
13 | Regulations. The exemption does not include aircraft | ||||||
14 | operated by a commercial air carrier providing scheduled | ||||||
15 | passenger air service pursuant to authority issued under | ||||||
16 | Part 121 or Part 129 of the Federal Aviation Regulations. | ||||||
17 | The changes made to this paragraph (40) by Public Act | ||||||
18 | 98-534 are declarative of existing law. It is the intent | ||||||
19 | of the General Assembly that the exemption under this | ||||||
20 | paragraph (40) applies continuously from January 1, 2010 | ||||||
21 | through December 31, 2024; however, no claim for credit or | ||||||
22 | refund is allowed for taxes paid as a result of the | ||||||
23 | disallowance of this exemption on or after January 1, 2015 | ||||||
24 | and prior to the effective date of this amendatory Act of | ||||||
25 | the 101st General Assembly. | ||||||
26 | (41) Tangible personal property sold to a |
| |||||||
| |||||||
1 | public-facilities corporation, as described in Section | ||||||
2 | 11-65-10 of the Illinois Municipal Code, for purposes of | ||||||
3 | constructing or furnishing a municipal convention hall, | ||||||
4 | but only if the legal title to the municipal convention | ||||||
5 | hall is transferred to the municipality without any | ||||||
6 | further consideration by or on behalf of the municipality | ||||||
7 | at the time of the completion of the municipal convention | ||||||
8 | hall or upon the retirement or redemption of any bonds or | ||||||
9 | other debt instruments issued by the public-facilities | ||||||
10 | corporation in connection with the development of the | ||||||
11 | municipal convention hall. This exemption includes | ||||||
12 | existing public-facilities corporations as provided in | ||||||
13 | Section 11-65-25 of the Illinois Municipal Code. This | ||||||
14 | paragraph is exempt from the provisions of Section 2-70. | ||||||
15 | (42) Beginning January 1, 2017 and through December | ||||||
16 | 31, 2026, menstrual pads, tampons, and menstrual cups. | ||||||
17 | (43) Merchandise that is subject to the Rental | ||||||
18 | Purchase Agreement Occupation and Use Tax. The purchaser | ||||||
19 | must certify that the item is purchased to be rented | ||||||
20 | subject to a rental purchase agreement, as defined in the | ||||||
21 | Rental Purchase Agreement Act, and provide proof of | ||||||
22 | registration under the Rental Purchase Agreement | ||||||
23 | Occupation and Use Tax Act. This paragraph is exempt from | ||||||
24 | the provisions of Section 2-70. | ||||||
25 | (44) Qualified tangible personal property used in the | ||||||
26 | construction or operation of a data center that has been |
| |||||||
| |||||||
1 | granted a certificate of exemption by the Department of | ||||||
2 | Commerce and Economic Opportunity, whether that tangible | ||||||
3 | personal property is purchased by the owner, operator, or | ||||||
4 | tenant of the data center or by a contractor or | ||||||
5 | subcontractor of the owner, operator, or tenant. Data | ||||||
6 | centers that would have qualified for a certificate of | ||||||
7 | exemption prior to January 1, 2020 had this amendatory Act | ||||||
8 | of the 101st General Assembly been in effect, may apply | ||||||
9 | for and obtain an exemption for subsequent purchases of | ||||||
10 | computer equipment or enabling software purchased or | ||||||
11 | leased to upgrade, supplement, or replace computer | ||||||
12 | equipment or enabling software purchased or leased in the | ||||||
13 | original investment that would have qualified. | ||||||
14 | The Department of Commerce and Economic Opportunity | ||||||
15 | shall grant a certificate of exemption under this item | ||||||
16 | (44) to qualified data centers as defined by Section | ||||||
17 | 605-1025 of the Department of Commerce and Economic | ||||||
18 | Opportunity Law of the
Civil Administrative Code of | ||||||
19 | Illinois. | ||||||
20 | For the purposes of this item (44): | ||||||
21 | "Data center" means a building or a series of | ||||||
22 | buildings rehabilitated or constructed to house | ||||||
23 | working servers in one physical location or multiple | ||||||
24 | sites within the State of Illinois. | ||||||
25 | "Qualified tangible personal property" means: | ||||||
26 | electrical systems and equipment; climate control and |
| |||||||
| |||||||
1 | chilling equipment and systems; mechanical systems and | ||||||
2 | equipment; monitoring and secure systems; emergency | ||||||
3 | generators; hardware; computers; servers; data storage | ||||||
4 | devices; network connectivity equipment; racks; | ||||||
5 | cabinets; telecommunications cabling infrastructure; | ||||||
6 | raised floor systems; peripheral components or | ||||||
7 | systems; software; mechanical, electrical, or plumbing | ||||||
8 | systems; battery systems; cooling systems and towers; | ||||||
9 | temperature control systems; other cabling; and other | ||||||
10 | data center infrastructure equipment and systems | ||||||
11 | necessary to operate qualified tangible personal | ||||||
12 | property, including fixtures; and component parts of | ||||||
13 | any of the foregoing, including installation, | ||||||
14 | maintenance, repair, refurbishment, and replacement of | ||||||
15 | qualified tangible personal property to generate, | ||||||
16 | transform, transmit, distribute, or manage electricity | ||||||
17 | necessary to operate qualified tangible personal | ||||||
18 | property; and all other tangible personal property | ||||||
19 | that is essential to the operations of a computer data | ||||||
20 | center. The term "qualified tangible personal | ||||||
21 | property" also includes building materials physically | ||||||
22 | incorporated into in to the qualifying data center. To | ||||||
23 | document the exemption allowed under this Section, the | ||||||
24 | retailer must obtain from the purchaser a copy of the | ||||||
25 | certificate of eligibility issued by the Department of | ||||||
26 | Commerce and Economic Opportunity. |
| |||||||
| |||||||
1 | This item (44) is exempt from the provisions of | ||||||
2 | Section 2-70. | ||||||
3 | (45) Beginning January 1, 2020 and through December | ||||||
4 | 31, 2020, sales of tangible personal property made by a | ||||||
5 | marketplace seller over a marketplace for which tax is due | ||||||
6 | under this Act but for which use tax has been collected and | ||||||
7 | remitted to the Department by a marketplace facilitator | ||||||
8 | under Section 2d of the Use Tax Act are exempt from tax | ||||||
9 | under this Act. A marketplace seller claiming this | ||||||
10 | exemption shall maintain books and records demonstrating | ||||||
11 | that the use tax on such sales has been collected and | ||||||
12 | remitted by a marketplace facilitator. Marketplace sellers | ||||||
13 | that have properly remitted tax under this Act on such | ||||||
14 | sales may file a claim for credit as provided in Section 6 | ||||||
15 | of this Act. No claim is allowed, however, for such taxes | ||||||
16 | for which a credit or refund has been issued to the | ||||||
17 | marketplace facilitator under the Use Tax Act, or for | ||||||
18 | which the marketplace facilitator has filed a claim for | ||||||
19 | credit or refund under the Use Tax Act. | ||||||
20 | (Source: P.A. 101-31, eff. 6-28-19; 101-81, eff. 7-12-19; | ||||||
21 | 101-629, eff. 2-5-20; 102-16, eff. 6-17-21; 102-634, eff. | ||||||
22 | 8-27-21; revised 11-9-21.)
| ||||||
23 | (35 ILCS 120/3) (from Ch. 120, par. 442)
| ||||||
24 | Sec. 3. Except as provided in this Section, on or before | ||||||
25 | the twentieth
day of each calendar month, every person engaged |
| |||||||
| |||||||
1 | in the business of
selling tangible personal property at | ||||||
2 | retail in this State during the
preceding calendar month shall | ||||||
3 | file a return with the Department, stating: | ||||||
4 | 1. The name of the seller; | ||||||
5 | 2. His residence address and the address of his | ||||||
6 | principal place of
business and the address of the | ||||||
7 | principal place of business (if that is
a different | ||||||
8 | address) from which he engages in the business of selling
| ||||||
9 | tangible personal property at retail in this State; | ||||||
10 | 3. Total amount of receipts received by him during the | ||||||
11 | preceding
calendar month or quarter, as the case may be, | ||||||
12 | from sales of tangible
personal property, and from | ||||||
13 | services furnished, by him during such
preceding calendar | ||||||
14 | month or quarter; | ||||||
15 | 4. Total amount received by him during the preceding | ||||||
16 | calendar month or
quarter on charge and time sales of | ||||||
17 | tangible personal property, and from
services furnished, | ||||||
18 | by him prior to the month or quarter for which the return
| ||||||
19 | is filed; | ||||||
20 | 5. Deductions allowed by law; | ||||||
21 | 6. Gross receipts which were received by him during | ||||||
22 | the preceding
calendar month or quarter and upon the basis | ||||||
23 | of which the tax is imposed; | ||||||
24 | 7. The amount of credit provided in Section 2d of this | ||||||
25 | Act; | ||||||
26 | 8. The amount of tax due; |
| |||||||
| |||||||
1 | 9. The signature of the taxpayer; and | ||||||
2 | 10. Such other reasonable information as the | ||||||
3 | Department may require. | ||||||
4 | On and after January 1, 2018, except for returns for motor | ||||||
5 | vehicles, watercraft, aircraft, and trailers that are required | ||||||
6 | to be registered with an agency of this State, with respect to | ||||||
7 | retailers whose annual gross receipts average $20,000 or more, | ||||||
8 | all returns required to be filed pursuant to this Act shall be | ||||||
9 | filed electronically. Retailers who demonstrate that they do | ||||||
10 | not have access to the Internet or demonstrate hardship in | ||||||
11 | filing electronically may petition the Department to waive the | ||||||
12 | electronic filing requirement. | ||||||
13 | If a taxpayer fails to sign a return within 30 days after | ||||||
14 | the proper notice
and demand for signature by the Department, | ||||||
15 | the return shall be considered
valid and any amount shown to be | ||||||
16 | due on the return shall be deemed assessed. | ||||||
17 | Each return shall be accompanied by the statement of | ||||||
18 | prepaid tax issued
pursuant to Section 2e for which credit is | ||||||
19 | claimed. | ||||||
20 | Prior to October 1, 2003, and on and after September 1, | ||||||
21 | 2004 a retailer may accept a Manufacturer's Purchase
Credit
| ||||||
22 | certification from a purchaser in satisfaction of Use Tax
as | ||||||
23 | provided in Section 3-85 of the Use Tax Act if the purchaser | ||||||
24 | provides the
appropriate documentation as required by Section | ||||||
25 | 3-85
of the Use Tax Act. A Manufacturer's Purchase Credit
| ||||||
26 | certification, accepted by a retailer prior to October 1, 2003 |
| |||||||
| |||||||
1 | and on and after September 1, 2004 as provided
in
Section 3-85 | ||||||
2 | of the Use Tax Act, may be used by that retailer to
satisfy | ||||||
3 | Retailers' Occupation Tax liability in the amount claimed in
| ||||||
4 | the certification, not to exceed 6.25% of the receipts
subject | ||||||
5 | to tax from a qualifying purchase. A Manufacturer's Purchase | ||||||
6 | Credit
reported on any original or amended return
filed under
| ||||||
7 | this Act after October 20, 2003 for reporting periods prior to | ||||||
8 | September 1, 2004 shall be disallowed. Manufacturer's Purchase | ||||||
9 | Purchaser Credit reported on annual returns due on or after | ||||||
10 | January 1, 2005 will be disallowed for periods prior to | ||||||
11 | September 1, 2004. No Manufacturer's
Purchase Credit may be | ||||||
12 | used after September 30, 2003 through August 31, 2004 to
| ||||||
13 | satisfy any
tax liability imposed under this Act, including | ||||||
14 | any audit liability. | ||||||
15 | The Department may require returns to be filed on a | ||||||
16 | quarterly basis.
If so required, a return for each calendar | ||||||
17 | quarter shall be filed on or
before the twentieth day of the | ||||||
18 | calendar month following the end of such
calendar quarter. The | ||||||
19 | taxpayer shall also file a return with the
Department for each | ||||||
20 | of the first two months of each calendar quarter, on or
before | ||||||
21 | the twentieth day of the following calendar month, stating: | ||||||
22 | 1. The name of the seller; | ||||||
23 | 2. The address of the principal place of business from | ||||||
24 | which he engages
in the business of selling tangible | ||||||
25 | personal property at retail in this State; | ||||||
26 | 3. The total amount of taxable receipts received by |
| |||||||
| |||||||
1 | him during the
preceding calendar month from sales of | ||||||
2 | tangible personal property by him
during such preceding | ||||||
3 | calendar month, including receipts from charge and
time | ||||||
4 | sales, but less all deductions allowed by law; | ||||||
5 | 4. The amount of credit provided in Section 2d of this | ||||||
6 | Act; | ||||||
7 | 5. The amount of tax due; and | ||||||
8 | 6. Such other reasonable information as the Department | ||||||
9 | may
require. | ||||||
10 | Every person engaged in the business of selling aviation | ||||||
11 | fuel at retail in this State during the preceding calendar | ||||||
12 | month shall, instead of reporting and paying tax as otherwise | ||||||
13 | required by this Section, report and pay such tax on a separate | ||||||
14 | aviation fuel tax return. The requirements related to the | ||||||
15 | return shall be as otherwise provided in this Section. | ||||||
16 | Notwithstanding any other provisions of this Act to the | ||||||
17 | contrary, retailers selling aviation fuel shall file all | ||||||
18 | aviation fuel tax returns and shall make all aviation fuel tax | ||||||
19 | payments by electronic means in the manner and form required | ||||||
20 | by the Department. For purposes of this Section, "aviation | ||||||
21 | fuel" means jet fuel and aviation gasoline. | ||||||
22 | Beginning on October 1, 2003, any person who is not a | ||||||
23 | licensed
distributor, importing distributor, or manufacturer, | ||||||
24 | as defined in the Liquor
Control Act of 1934, but is engaged in | ||||||
25 | the business of
selling, at retail, alcoholic liquor
shall | ||||||
26 | file a statement with the Department of Revenue, in a format
|
| |||||||
| |||||||
1 | and at a time prescribed by the Department, showing the total | ||||||
2 | amount paid for
alcoholic liquor purchased during the | ||||||
3 | preceding month and such other
information as is reasonably | ||||||
4 | required by the Department.
The Department may adopt rules to | ||||||
5 | require
that this statement be filed in an electronic or | ||||||
6 | telephonic format. Such rules
may provide for exceptions from | ||||||
7 | the filing requirements of this paragraph. For
the
purposes of | ||||||
8 | this
paragraph, the term "alcoholic liquor" shall have the | ||||||
9 | meaning prescribed in the
Liquor Control Act of 1934. | ||||||
10 | Beginning on October 1, 2003, every distributor, importing | ||||||
11 | distributor, and
manufacturer of alcoholic liquor as defined | ||||||
12 | in the Liquor Control Act of 1934,
shall file a
statement with | ||||||
13 | the Department of Revenue, no later than the 10th day of the
| ||||||
14 | month for the
preceding month during which transactions | ||||||
15 | occurred, by electronic means,
showing the
total amount of | ||||||
16 | gross receipts from the sale of alcoholic liquor sold or
| ||||||
17 | distributed during
the preceding month to purchasers; | ||||||
18 | identifying the purchaser to whom it was
sold or
distributed; | ||||||
19 | the purchaser's tax registration number; and such other
| ||||||
20 | information
reasonably required by the Department. A | ||||||
21 | distributor, importing distributor, or manufacturer of | ||||||
22 | alcoholic liquor must personally deliver, mail, or provide by | ||||||
23 | electronic means to each retailer listed on the monthly | ||||||
24 | statement a report containing a cumulative total of that | ||||||
25 | distributor's, importing distributor's, or manufacturer's | ||||||
26 | total sales of alcoholic liquor to that retailer no later than |
| |||||||
| |||||||
1 | the 10th day of the month for the preceding month during which | ||||||
2 | the transaction occurred. The distributor, importing | ||||||
3 | distributor, or manufacturer shall notify the retailer as to | ||||||
4 | the method by which the distributor, importing distributor, or | ||||||
5 | manufacturer will provide the sales information. If the | ||||||
6 | retailer is unable to receive the sales information by | ||||||
7 | electronic means, the distributor, importing distributor, or | ||||||
8 | manufacturer shall furnish the sales information by personal | ||||||
9 | delivery or by mail. For purposes of this paragraph, the term | ||||||
10 | "electronic means" includes, but is not limited to, the use of | ||||||
11 | a secure Internet website, e-mail, or facsimile. | ||||||
12 | If a total amount of less than $1 is payable, refundable or | ||||||
13 | creditable,
such amount shall be disregarded if it is less | ||||||
14 | than 50 cents and shall be
increased to $1 if it is 50 cents or | ||||||
15 | more. | ||||||
16 | Notwithstanding any other provision of this Act to the | ||||||
17 | contrary, retailers subject to tax on cannabis shall file all | ||||||
18 | cannabis tax returns and shall make all cannabis tax payments | ||||||
19 | by electronic means in the manner and form required by the | ||||||
20 | Department. | ||||||
21 | Beginning October 1, 1993,
a taxpayer who has an average | ||||||
22 | monthly tax liability of $150,000 or more shall
make all | ||||||
23 | payments required by rules of the
Department by electronic | ||||||
24 | funds transfer. Beginning October 1, 1994, a taxpayer
who has | ||||||
25 | an average monthly tax liability of $100,000 or more shall | ||||||
26 | make all
payments required by rules of the Department by |
| |||||||
| |||||||
1 | electronic funds transfer.
Beginning October 1, 1995, a | ||||||
2 | taxpayer who has an average monthly tax liability
of $50,000 | ||||||
3 | or more shall make all
payments required by rules of the | ||||||
4 | Department by electronic funds transfer.
Beginning October 1, | ||||||
5 | 2000, a taxpayer who has an annual tax liability of
$200,000 or | ||||||
6 | more shall make all payments required by rules of the | ||||||
7 | Department by
electronic funds transfer. The term "annual tax | ||||||
8 | liability" shall be the sum of
the taxpayer's liabilities | ||||||
9 | under this Act, and under all other State and local
occupation | ||||||
10 | and use tax laws administered by the Department, for the | ||||||
11 | immediately
preceding calendar year.
The term "average monthly | ||||||
12 | tax liability" shall be the sum of the
taxpayer's liabilities | ||||||
13 | under this
Act, and under all other State and local occupation | ||||||
14 | and use tax
laws administered by the Department, for the | ||||||
15 | immediately preceding calendar
year divided by 12.
Beginning | ||||||
16 | on October 1, 2002, a taxpayer who has a tax liability in the
| ||||||
17 | amount set forth in subsection (b) of Section 2505-210 of the | ||||||
18 | Department of
Revenue Law shall make all payments required by | ||||||
19 | rules of the Department by
electronic funds transfer. | ||||||
20 | Before August 1 of each year beginning in 1993, the | ||||||
21 | Department shall
notify all taxpayers required to make | ||||||
22 | payments by electronic funds
transfer. All taxpayers
required | ||||||
23 | to make payments by electronic funds transfer shall make those
| ||||||
24 | payments for
a minimum of one year beginning on October 1. | ||||||
25 | Any taxpayer not required to make payments by electronic | ||||||
26 | funds transfer may
make payments by electronic funds transfer |
| |||||||
| |||||||
1 | with
the permission of the Department. | ||||||
2 | All taxpayers required to make payment by electronic funds | ||||||
3 | transfer and
any taxpayers authorized to voluntarily make | ||||||
4 | payments by electronic funds
transfer shall make those | ||||||
5 | payments in the manner authorized by the Department. | ||||||
6 | The Department shall adopt such rules as are necessary to | ||||||
7 | effectuate a
program of electronic funds transfer and the | ||||||
8 | requirements of this Section. | ||||||
9 | Any amount which is required to be shown or reported on any | ||||||
10 | return or
other document under this Act shall, if such amount | ||||||
11 | is not a whole-dollar
amount, be increased to the nearest | ||||||
12 | whole-dollar amount in any case where
the fractional part of a | ||||||
13 | dollar is 50 cents or more, and decreased to the
nearest | ||||||
14 | whole-dollar amount where the fractional part of a dollar is | ||||||
15 | less
than 50 cents. | ||||||
16 | If the retailer is otherwise required to file a monthly | ||||||
17 | return and if the
retailer's average monthly tax liability to | ||||||
18 | the Department does not exceed
$200, the Department may | ||||||
19 | authorize his returns to be filed on a quarter
annual basis, | ||||||
20 | with the return for January, February and March of a given
year | ||||||
21 | being due by April 20 of such year; with the return for April, | ||||||
22 | May and
June of a given year being due by July 20 of such year; | ||||||
23 | with the return for
July, August and September of a given year | ||||||
24 | being due by October 20 of such
year, and with the return for | ||||||
25 | October, November and December of a given
year being due by | ||||||
26 | January 20 of the following year. |
| |||||||
| |||||||
1 | If the retailer is otherwise required to file a monthly or | ||||||
2 | quarterly
return and if the retailer's average monthly tax | ||||||
3 | liability with the
Department does not exceed $50, the | ||||||
4 | Department may authorize his returns to
be filed on an annual | ||||||
5 | basis, with the return for a given year being due by
January 20 | ||||||
6 | of the following year. | ||||||
7 | Such quarter annual and annual returns, as to form and | ||||||
8 | substance,
shall be subject to the same requirements as | ||||||
9 | monthly returns. | ||||||
10 | Notwithstanding any other provision in this Act concerning | ||||||
11 | the time
within which a retailer may file his return, in the | ||||||
12 | case of any retailer
who ceases to engage in a kind of business | ||||||
13 | which makes him responsible
for filing returns under this Act, | ||||||
14 | such retailer shall file a final
return under this Act with the | ||||||
15 | Department not more than one month after
discontinuing such | ||||||
16 | business. | ||||||
17 | Where the same person has more than one business | ||||||
18 | registered with the
Department under separate registrations | ||||||
19 | under this Act, such person may
not file each return that is | ||||||
20 | due as a single return covering all such
registered | ||||||
21 | businesses, but shall file separate returns for each such
| ||||||
22 | registered business. | ||||||
23 | In addition, with respect to motor vehicles, watercraft,
| ||||||
24 | aircraft, and trailers that are required to be registered with | ||||||
25 | an agency of
this State, except as otherwise provided in this | ||||||
26 | Section, every
retailer selling this kind of tangible personal |
| |||||||
| |||||||
1 | property shall file,
with the Department, upon a form to be | ||||||
2 | prescribed and supplied by the
Department, a separate return | ||||||
3 | for each such item of tangible personal
property which the | ||||||
4 | retailer sells, except that if, in the same
transaction, (i) a | ||||||
5 | retailer of aircraft, watercraft, motor vehicles or
trailers | ||||||
6 | transfers more than one aircraft, watercraft, motor
vehicle or | ||||||
7 | trailer to another aircraft, watercraft, motor vehicle
| ||||||
8 | retailer or trailer retailer for the purpose of resale
or (ii) | ||||||
9 | a retailer of aircraft, watercraft, motor vehicles, or | ||||||
10 | trailers
transfers more than one aircraft, watercraft, motor | ||||||
11 | vehicle, or trailer to a
purchaser for use as a qualifying | ||||||
12 | rolling stock as provided in Section 2-5 of
this Act, then
that | ||||||
13 | seller may report the transfer of all aircraft,
watercraft, | ||||||
14 | motor vehicles or trailers involved in that transaction to the
| ||||||
15 | Department on the same uniform invoice-transaction reporting | ||||||
16 | return form. For
purposes of this Section, "watercraft" means | ||||||
17 | a Class 2, Class 3, or Class 4
watercraft as defined in Section | ||||||
18 | 3-2 of the Boat Registration and Safety Act, a
personal | ||||||
19 | watercraft, or any boat equipped with an inboard motor. | ||||||
20 | In addition, with respect to motor vehicles, watercraft, | ||||||
21 | aircraft, and trailers that are required to be registered with | ||||||
22 | an agency of this State, every person who is engaged in the | ||||||
23 | business of leasing or renting such items and who, in | ||||||
24 | connection with such business, sells any such item to a | ||||||
25 | retailer for the purpose of resale is, notwithstanding any | ||||||
26 | other provision of this Section to the contrary, authorized to |
| |||||||
| |||||||
1 | meet the return-filing requirement of this Act by reporting | ||||||
2 | the transfer of all the aircraft, watercraft, motor vehicles, | ||||||
3 | or trailers transferred for resale during a month to the | ||||||
4 | Department on the same uniform invoice-transaction reporting | ||||||
5 | return form on or before the 20th of the month following the | ||||||
6 | month in which the transfer takes place. Notwithstanding any | ||||||
7 | other provision of this Act to the contrary, all returns filed | ||||||
8 | under this paragraph must be filed by electronic means in the | ||||||
9 | manner and form as required by the Department. | ||||||
10 | Any retailer who sells only motor vehicles, watercraft,
| ||||||
11 | aircraft, or trailers that are required to be registered with | ||||||
12 | an agency of
this State, so that all
retailers' occupation tax | ||||||
13 | liability is required to be reported, and is
reported, on such | ||||||
14 | transaction reporting returns and who is not otherwise
| ||||||
15 | required to file monthly or quarterly returns, need not file | ||||||
16 | monthly or
quarterly returns. However, those retailers shall | ||||||
17 | be required to
file returns on an annual basis. | ||||||
18 | The transaction reporting return, in the case of motor | ||||||
19 | vehicles
or trailers that are required to be registered with | ||||||
20 | an agency of this
State, shall
be the same document as the | ||||||
21 | Uniform Invoice referred to in Section 5-402
of the Illinois | ||||||
22 | Vehicle Code and must show the name and address of the
seller; | ||||||
23 | the name and address of the purchaser; the amount of the | ||||||
24 | selling
price including the amount allowed by the retailer for | ||||||
25 | traded-in
property, if any; the amount allowed by the retailer | ||||||
26 | for the traded-in
tangible personal property, if any, to the |
| |||||||
| |||||||
1 | extent to which Section 1 of
this Act allows an exemption for | ||||||
2 | the value of traded-in property; the
balance payable after | ||||||
3 | deducting such trade-in allowance from the total
selling | ||||||
4 | price; the amount of tax due from the retailer with respect to
| ||||||
5 | such transaction; the amount of tax collected from the | ||||||
6 | purchaser by the
retailer on such transaction (or satisfactory | ||||||
7 | evidence that such tax is
not due in that particular instance, | ||||||
8 | if that is claimed to be the fact);
the place and date of the | ||||||
9 | sale; a sufficient identification of the
property sold; such | ||||||
10 | other information as is required in Section 5-402 of
the | ||||||
11 | Illinois Vehicle Code, and such other information as the | ||||||
12 | Department
may reasonably require. | ||||||
13 | The transaction reporting return in the case of watercraft
| ||||||
14 | or aircraft must show
the name and address of the seller; the | ||||||
15 | name and address of the
purchaser; the amount of the selling | ||||||
16 | price including the amount allowed
by the retailer for | ||||||
17 | traded-in property, if any; the amount allowed by
the retailer | ||||||
18 | for the traded-in tangible personal property, if any, to
the | ||||||
19 | extent to which Section 1 of this Act allows an exemption for | ||||||
20 | the
value of traded-in property; the balance payable after | ||||||
21 | deducting such
trade-in allowance from the total selling | ||||||
22 | price; the amount of tax due
from the retailer with respect to | ||||||
23 | such transaction; the amount of tax
collected from the | ||||||
24 | purchaser by the retailer on such transaction (or
satisfactory | ||||||
25 | evidence that such tax is not due in that particular
instance, | ||||||
26 | if that is claimed to be the fact); the place and date of the
|
| |||||||
| |||||||
1 | sale, a sufficient identification of the property sold, and | ||||||
2 | such other
information as the Department may reasonably | ||||||
3 | require. | ||||||
4 | Such transaction reporting return shall be filed not later | ||||||
5 | than 20
days after the day of delivery of the item that is | ||||||
6 | being sold, but may
be filed by the retailer at any time sooner | ||||||
7 | than that if he chooses to
do so. The transaction reporting | ||||||
8 | return and tax remittance or proof of
exemption from the | ||||||
9 | Illinois use tax may be transmitted to the Department
by way of | ||||||
10 | the State agency with which, or State officer with whom the
| ||||||
11 | tangible personal property must be titled or registered (if | ||||||
12 | titling or
registration is required) if the Department and | ||||||
13 | such agency or State
officer determine that this procedure | ||||||
14 | will expedite the processing of
applications for title or | ||||||
15 | registration. | ||||||
16 | With each such transaction reporting return, the retailer | ||||||
17 | shall remit
the proper amount of tax due (or shall submit | ||||||
18 | satisfactory evidence that
the sale is not taxable if that is | ||||||
19 | the case), to the Department or its
agents, whereupon the | ||||||
20 | Department shall issue, in the purchaser's name, a
use tax | ||||||
21 | receipt (or a certificate of exemption if the Department is
| ||||||
22 | satisfied that the particular sale is tax exempt) which such | ||||||
23 | purchaser
may submit to the agency with which, or State | ||||||
24 | officer with whom, he must
title or register the tangible | ||||||
25 | personal property that is involved (if
titling or registration | ||||||
26 | is required) in support of such purchaser's
application for an |
| |||||||
| |||||||
1 | Illinois certificate or other evidence of title or
| ||||||
2 | registration to such tangible personal property. | ||||||
3 | No retailer's failure or refusal to remit tax under this | ||||||
4 | Act
precludes a user, who has paid the proper tax to the | ||||||
5 | retailer, from
obtaining his certificate of title or other | ||||||
6 | evidence of title or
registration (if titling or registration | ||||||
7 | is required) upon satisfying
the Department that such user has | ||||||
8 | paid the proper tax (if tax is due) to
the retailer. The | ||||||
9 | Department shall adopt appropriate rules to carry out
the | ||||||
10 | mandate of this paragraph. | ||||||
11 | If the user who would otherwise pay tax to the retailer | ||||||
12 | wants the
transaction reporting return filed and the payment | ||||||
13 | of the tax or proof
of exemption made to the Department before | ||||||
14 | the retailer is willing to
take these actions and such user has | ||||||
15 | not paid the tax to the retailer,
such user may certify to the | ||||||
16 | fact of such delay by the retailer and may
(upon the Department | ||||||
17 | being satisfied of the truth of such certification)
transmit | ||||||
18 | the information required by the transaction reporting return
| ||||||
19 | and the remittance for tax or proof of exemption directly to | ||||||
20 | the
Department and obtain his tax receipt or exemption | ||||||
21 | determination, in
which event the transaction reporting return | ||||||
22 | and tax remittance (if a
tax payment was required) shall be | ||||||
23 | credited by the Department to the
proper retailer's account | ||||||
24 | with the Department, but without the 2.1% or 1.75%
discount | ||||||
25 | provided for in this Section being allowed. When the user pays
| ||||||
26 | the tax directly to the Department, he shall pay the tax in the |
| |||||||
| |||||||
1 | same
amount and in the same form in which it would be remitted | ||||||
2 | if the tax had
been remitted to the Department by the retailer. | ||||||
3 | Refunds made by the seller during the preceding return | ||||||
4 | period to
purchasers, on account of tangible personal property | ||||||
5 | returned to the
seller, shall be allowed as a deduction under | ||||||
6 | subdivision 5 of his monthly
or quarterly return, as the case | ||||||
7 | may be, in case the
seller had theretofore included the | ||||||
8 | receipts from the sale of such
tangible personal property in a | ||||||
9 | return filed by him and had paid the tax
imposed by this Act | ||||||
10 | with respect to such receipts. | ||||||
11 | Where the seller is a corporation, the return filed on | ||||||
12 | behalf of such
corporation shall be signed by the president, | ||||||
13 | vice-president, secretary
or treasurer or by the properly | ||||||
14 | accredited agent of such corporation. | ||||||
15 | Where the seller is a limited liability company, the | ||||||
16 | return filed on behalf
of the limited liability company shall | ||||||
17 | be signed by a manager, member, or
properly accredited agent | ||||||
18 | of the limited liability company. | ||||||
19 | Except as provided in this Section, the retailer filing | ||||||
20 | the return
under this Section shall, at the time of filing such | ||||||
21 | return, pay to the
Department the amount of tax imposed by this | ||||||
22 | Act less a discount of 2.1%
prior to January 1, 1990 and 1.75% | ||||||
23 | on and after January 1, 1990, or $5 per
calendar year, | ||||||
24 | whichever is greater, which is allowed to
reimburse the | ||||||
25 | retailer for the expenses incurred in keeping records,
| ||||||
26 | preparing and filing returns, remitting the tax and supplying |
| |||||||
| |||||||
1 | data to
the Department on request. On and after January 1, | ||||||
2 | 2021, a certified service provider, as defined in the Leveling | ||||||
3 | the Playing Field for Illinois Retail Act, filing the return | ||||||
4 | under this Section on behalf of a remote retailer shall, at the | ||||||
5 | time of such return, pay to the Department the amount of tax | ||||||
6 | imposed by this Act less a discount of 1.75%. A remote retailer | ||||||
7 | using a certified service provider to file a return on its | ||||||
8 | behalf, as provided in the Leveling the Playing Field for | ||||||
9 | Illinois Retail Act, is not eligible for the discount. The | ||||||
10 | discount under this Section is not allowed for the 1.25% | ||||||
11 | portion of taxes paid on aviation fuel that is subject to the | ||||||
12 | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||||||
13 | 47133. Any prepayment made pursuant to Section 2d
of this Act | ||||||
14 | shall be included in the amount on which such
2.1% or 1.75% | ||||||
15 | discount is computed. In the case of retailers who report
and | ||||||
16 | pay the tax on a transaction by transaction basis, as provided | ||||||
17 | in this
Section, such discount shall be taken with each such | ||||||
18 | tax remittance
instead of when such retailer files his | ||||||
19 | periodic return. The discount allowed under this Section is | ||||||
20 | allowed only for returns that are filed in the manner required | ||||||
21 | by this Act. The Department may disallow the discount for | ||||||
22 | retailers whose certificate of registration is revoked at the | ||||||
23 | time the return is filed, but only if the Department's | ||||||
24 | decision to revoke the certificate of registration has become | ||||||
25 | final. | ||||||
26 | Before October 1, 2000, if the taxpayer's average monthly |
| |||||||
| |||||||
1 | tax liability
to the Department
under this Act, the Use Tax | ||||||
2 | Act, the Service Occupation Tax
Act, and the Service Use Tax | ||||||
3 | Act, excluding any liability for prepaid sales
tax to be | ||||||
4 | remitted in accordance with Section 2d of this Act, was
| ||||||
5 | $10,000
or more during the preceding 4 complete calendar | ||||||
6 | quarters, he shall file a
return with the Department each | ||||||
7 | month by the 20th day of the month next
following the month | ||||||
8 | during which such tax liability is incurred and shall
make | ||||||
9 | payments to the Department on or before the 7th, 15th, 22nd and | ||||||
10 | last
day of the month during which such liability is incurred.
| ||||||
11 | On and after October 1, 2000, if the taxpayer's average | ||||||
12 | monthly tax liability
to the Department under this Act, the | ||||||
13 | Use Tax Act, the Service Occupation Tax
Act, and the Service | ||||||
14 | Use Tax Act, excluding any liability for prepaid sales tax
to | ||||||
15 | be remitted in accordance with Section 2d of this Act, was | ||||||
16 | $20,000 or more
during the preceding 4 complete calendar | ||||||
17 | quarters, he shall file a return with
the Department each | ||||||
18 | month by the 20th day of the month next following the month
| ||||||
19 | during which such tax liability is incurred and shall make | ||||||
20 | payment to the
Department on or before the 7th, 15th, 22nd and | ||||||
21 | last day of the month during
which such liability is incurred.
| ||||||
22 | If the month
during which such tax liability is incurred began | ||||||
23 | prior to January 1, 1985,
each payment shall be in an amount | ||||||
24 | equal to 1/4 of the taxpayer's actual
liability for the month | ||||||
25 | or an amount set by the Department not to exceed
1/4 of the | ||||||
26 | average monthly liability of the taxpayer to the Department |
| |||||||
| |||||||
1 | for
the preceding 4 complete calendar quarters (excluding the | ||||||
2 | month of highest
liability and the month of lowest liability | ||||||
3 | in such 4 quarter period). If
the month during which such tax | ||||||
4 | liability is incurred begins on or after
January 1, 1985 and | ||||||
5 | prior to January 1, 1987, each payment shall be in an
amount | ||||||
6 | equal to 22.5% of the taxpayer's actual liability for the | ||||||
7 | month or
27.5% of the taxpayer's liability for the same | ||||||
8 | calendar
month of the preceding year. If the month during | ||||||
9 | which such tax
liability is incurred begins on or after | ||||||
10 | January 1, 1987 and prior to
January 1, 1988, each payment | ||||||
11 | shall be in an amount equal to 22.5% of the
taxpayer's actual | ||||||
12 | liability for the month or 26.25% of the taxpayer's
liability | ||||||
13 | for the same calendar month of the preceding year. If the month
| ||||||
14 | during which such tax liability is incurred begins on or after | ||||||
15 | January 1,
1988, and prior to January 1, 1989, or begins on or | ||||||
16 | after January 1, 1996, each
payment shall be in an amount
equal | ||||||
17 | to 22.5% of the taxpayer's actual liability for the month or | ||||||
18 | 25% of
the taxpayer's liability for the same calendar month of | ||||||
19 | the preceding year. If
the month during which such tax | ||||||
20 | liability is incurred begins on or after
January 1, 1989, and | ||||||
21 | prior to January 1, 1996, each payment shall be in an
amount | ||||||
22 | equal to 22.5% of the
taxpayer's actual liability for the | ||||||
23 | month or 25% of the taxpayer's
liability for the same calendar | ||||||
24 | month of the preceding year or 100% of the
taxpayer's actual | ||||||
25 | liability for the quarter monthly reporting period. The
amount | ||||||
26 | of such quarter monthly payments shall be credited against
the |
| |||||||
| |||||||
1 | final tax liability of the taxpayer's return for that month. | ||||||
2 | Before
October 1, 2000, once
applicable, the requirement of | ||||||
3 | the making of quarter monthly payments to
the Department by | ||||||
4 | taxpayers having an average monthly tax liability of
$10,000 | ||||||
5 | or more as determined in the manner provided above
shall | ||||||
6 | continue
until such taxpayer's average monthly liability to | ||||||
7 | the Department during
the preceding 4 complete calendar | ||||||
8 | quarters (excluding the month of highest
liability and the | ||||||
9 | month of lowest liability) is less than
$9,000, or until
such | ||||||
10 | taxpayer's average monthly liability to the Department as | ||||||
11 | computed for
each calendar quarter of the 4 preceding complete | ||||||
12 | calendar quarter period
is less than $10,000. However, if a | ||||||
13 | taxpayer can show the
Department that
a substantial change in | ||||||
14 | the taxpayer's business has occurred which causes
the taxpayer | ||||||
15 | to anticipate that his average monthly tax liability for the
| ||||||
16 | reasonably foreseeable future will fall below the $10,000 | ||||||
17 | threshold
stated above, then
such taxpayer
may petition the | ||||||
18 | Department for a change in such taxpayer's reporting
status. | ||||||
19 | On and after October 1, 2000, once applicable, the requirement | ||||||
20 | of
the making of quarter monthly payments to the Department by | ||||||
21 | taxpayers having an
average monthly tax liability of $20,000 | ||||||
22 | or more as determined in the manner
provided above shall | ||||||
23 | continue until such taxpayer's average monthly liability
to | ||||||
24 | the Department during the preceding 4 complete calendar | ||||||
25 | quarters (excluding
the month of highest liability and the | ||||||
26 | month of lowest liability) is less than
$19,000 or until such |
| |||||||
| |||||||
1 | taxpayer's average monthly liability to the Department as
| ||||||
2 | computed for each calendar quarter of the 4 preceding complete | ||||||
3 | calendar quarter
period is less than $20,000. However, if a | ||||||
4 | taxpayer can show the Department
that a substantial change in | ||||||
5 | the taxpayer's business has occurred which causes
the taxpayer | ||||||
6 | to anticipate that his average monthly tax liability for the
| ||||||
7 | reasonably foreseeable future will fall below the $20,000 | ||||||
8 | threshold stated
above, then such taxpayer may petition the | ||||||
9 | Department for a change in such
taxpayer's reporting status. | ||||||
10 | The Department shall change such taxpayer's
reporting status
| ||||||
11 | unless it finds that such change is seasonal in nature and not | ||||||
12 | likely to be
long term. If any such quarter monthly payment is | ||||||
13 | not paid at the time or
in the amount required by this Section, | ||||||
14 | then the taxpayer shall be liable for
penalties and interest | ||||||
15 | on the difference
between the minimum amount due as a payment | ||||||
16 | and the amount of such quarter
monthly payment actually and | ||||||
17 | timely paid, except insofar as the
taxpayer has previously | ||||||
18 | made payments for that month to the Department in
excess of the | ||||||
19 | minimum payments previously due as provided in this Section.
| ||||||
20 | The Department shall make reasonable rules and regulations to | ||||||
21 | govern the
quarter monthly payment amount and quarter monthly | ||||||
22 | payment dates for
taxpayers who file on other than a calendar | ||||||
23 | monthly basis. | ||||||
24 | The provisions of this paragraph apply before October 1, | ||||||
25 | 2001.
Without regard to whether a taxpayer is required to make | ||||||
26 | quarter monthly
payments as specified above, any taxpayer who |
| |||||||
| |||||||
1 | is required by Section 2d
of this Act to collect and remit | ||||||
2 | prepaid taxes and has collected prepaid
taxes which average in | ||||||
3 | excess of $25,000 per month during the preceding
2 complete | ||||||
4 | calendar quarters, shall file a return with the Department as
| ||||||
5 | required by Section 2f and shall make payments to the | ||||||
6 | Department on or before
the 7th, 15th, 22nd and last day of the | ||||||
7 | month during which such liability
is incurred. If the month | ||||||
8 | during which such tax liability is incurred
began prior to | ||||||
9 | September 1, 1985 (the effective date of Public Act 84-221), | ||||||
10 | each
payment shall be in an amount not less than 22.5% of the | ||||||
11 | taxpayer's actual
liability under Section 2d. If the month | ||||||
12 | during which such tax liability
is incurred begins on or after | ||||||
13 | January 1, 1986, each payment shall be in an
amount equal to | ||||||
14 | 22.5% of the taxpayer's actual liability for the month or
| ||||||
15 | 27.5% of the taxpayer's liability for the same calendar month | ||||||
16 | of the
preceding calendar year. If the month during which such | ||||||
17 | tax liability is
incurred begins on or after January 1, 1987, | ||||||
18 | each payment shall be in an
amount equal to 22.5% of the | ||||||
19 | taxpayer's actual liability for the month or
26.25% of the | ||||||
20 | taxpayer's liability for the same calendar month of the
| ||||||
21 | preceding year. The amount of such quarter monthly payments | ||||||
22 | shall be
credited against the final tax liability of the | ||||||
23 | taxpayer's return for that
month filed under this Section or | ||||||
24 | Section 2f, as the case may be. Once
applicable, the | ||||||
25 | requirement of the making of quarter monthly payments to
the | ||||||
26 | Department pursuant to this paragraph shall continue until |
| |||||||
| |||||||
1 | such
taxpayer's average monthly prepaid tax collections during | ||||||
2 | the preceding 2
complete calendar quarters is $25,000 or less. | ||||||
3 | If any such quarter monthly
payment is not paid at the time or | ||||||
4 | in the amount required, the taxpayer
shall be liable for | ||||||
5 | penalties and interest on such difference, except
insofar as | ||||||
6 | the taxpayer has previously made payments for that month in
| ||||||
7 | excess of the minimum payments previously due. | ||||||
8 | The provisions of this paragraph apply on and after | ||||||
9 | October 1, 2001.
Without regard to whether a taxpayer is | ||||||
10 | required to make quarter monthly
payments as specified above, | ||||||
11 | any taxpayer who is required by Section 2d of this
Act to | ||||||
12 | collect and remit prepaid taxes and has collected prepaid | ||||||
13 | taxes that
average in excess of $20,000 per month during the | ||||||
14 | preceding 4 complete calendar
quarters shall file a return | ||||||
15 | with the Department as required by Section 2f
and shall make | ||||||
16 | payments to the Department on or before the 7th, 15th, 22nd and
| ||||||
17 | last day of the month during which the liability is incurred. | ||||||
18 | Each payment
shall be in an amount equal to 22.5% of the | ||||||
19 | taxpayer's actual liability for the
month or 25% of the | ||||||
20 | taxpayer's liability for the same calendar month of the
| ||||||
21 | preceding year. The amount of the quarter monthly payments | ||||||
22 | shall be credited
against the final tax liability of the | ||||||
23 | taxpayer's return for that month filed
under this Section or | ||||||
24 | Section 2f, as the case may be. Once applicable, the
| ||||||
25 | requirement of the making of quarter monthly payments to the | ||||||
26 | Department
pursuant to this paragraph shall continue until the |
| |||||||
| |||||||
1 | taxpayer's average monthly
prepaid tax collections during the | ||||||
2 | preceding 4 complete calendar quarters
(excluding the month of | ||||||
3 | highest liability and the month of lowest liability) is
less | ||||||
4 | than $19,000 or until such taxpayer's average monthly | ||||||
5 | liability to the
Department as computed for each calendar | ||||||
6 | quarter of the 4 preceding complete
calendar quarters is less | ||||||
7 | than $20,000. If any such quarter monthly payment is
not paid | ||||||
8 | at the time or in the amount required, the taxpayer shall be | ||||||
9 | liable
for penalties and interest on such difference, except | ||||||
10 | insofar as the taxpayer
has previously made payments for that | ||||||
11 | month in excess of the minimum payments
previously due. | ||||||
12 | If any payment provided for in this Section exceeds
the | ||||||
13 | taxpayer's liabilities under this Act, the Use Tax Act, the | ||||||
14 | Service
Occupation Tax Act and the Service Use Tax Act, as | ||||||
15 | shown on an original
monthly return, the Department shall, if | ||||||
16 | requested by the taxpayer, issue to
the taxpayer a credit | ||||||
17 | memorandum no later than 30 days after the date of
payment. The | ||||||
18 | credit evidenced by such credit memorandum may
be assigned by | ||||||
19 | the taxpayer to a similar taxpayer under this Act, the
Use Tax | ||||||
20 | Act, the Service Occupation Tax Act or the Service Use Tax Act, | ||||||
21 | in
accordance with reasonable rules and regulations to be | ||||||
22 | prescribed by the
Department. If no such request is made, the | ||||||
23 | taxpayer may credit such excess
payment against tax liability | ||||||
24 | subsequently to be remitted to the Department
under this Act, | ||||||
25 | the Use Tax Act, the Service Occupation Tax Act or the
Service | ||||||
26 | Use Tax Act, in accordance with reasonable rules and |
| |||||||
| |||||||
1 | regulations
prescribed by the Department. If the Department | ||||||
2 | subsequently determined
that all or any part of the credit | ||||||
3 | taken was not actually due to the
taxpayer, the taxpayer's | ||||||
4 | 2.1% and 1.75% vendor's discount shall be reduced
by 2.1% or | ||||||
5 | 1.75% of the difference between the credit taken and that
| ||||||
6 | actually due, and that taxpayer shall be liable for penalties | ||||||
7 | and interest
on such difference. | ||||||
8 | If a retailer of motor fuel is entitled to a credit under | ||||||
9 | Section 2d of
this Act which exceeds the taxpayer's liability | ||||||
10 | to the Department under
this Act for the month for which the | ||||||
11 | taxpayer is filing a return, the
Department shall issue the | ||||||
12 | taxpayer a credit memorandum for the excess. | ||||||
13 | Beginning January 1, 1990, each month the Department shall | ||||||
14 | pay into
the Local Government Tax Fund, a special fund in the | ||||||
15 | State treasury which
is hereby created, the net revenue | ||||||
16 | realized for the preceding month from
the 1% tax imposed under | ||||||
17 | this Act. | ||||||
18 | Beginning January 1, 1990, each month the Department shall | ||||||
19 | pay into
the County and Mass Transit District Fund, a special | ||||||
20 | fund in the State
treasury which is hereby created, 4% of the | ||||||
21 | net revenue realized
for the preceding month from the 6.25% | ||||||
22 | general rate other than aviation fuel sold on or after | ||||||
23 | December 1, 2019. This exception for aviation fuel only | ||||||
24 | applies for so long as the revenue use requirements of 49 | ||||||
25 | U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State. | ||||||
26 | Beginning August 1, 2000, each
month the Department shall |
| |||||||
| |||||||
1 | pay into the
County and Mass Transit District Fund 20% of the | ||||||
2 | net revenue realized for the
preceding month from the 1.25% | ||||||
3 | rate on the selling price of motor fuel and
gasohol. Beginning | ||||||
4 | September 1, 2010, each month the Department shall pay into | ||||||
5 | the County and Mass Transit District Fund 20% of the net | ||||||
6 | revenue realized for the preceding month from the 1.25% rate | ||||||
7 | on the selling price of sales tax holiday items. | ||||||
8 | Beginning January 1, 1990, each month the Department shall | ||||||
9 | pay into
the Local Government Tax Fund 16% of the net revenue | ||||||
10 | realized for the
preceding month from the 6.25% general rate | ||||||
11 | on the selling price of
tangible personal property other than | ||||||
12 | aviation fuel sold on or after December 1, 2019. This | ||||||
13 | exception for aviation fuel only applies for so long as the | ||||||
14 | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||||||
15 | 47133 are binding on the State. | ||||||
16 | For aviation fuel sold on or after December 1, 2019, each | ||||||
17 | month the Department shall pay into the State Aviation Program | ||||||
18 | Fund 20% of the net revenue realized for the preceding month | ||||||
19 | from the 6.25% general rate on the selling price of aviation | ||||||
20 | fuel, less an amount estimated by the Department to be | ||||||
21 | required for refunds of the 20% portion of the tax on aviation | ||||||
22 | fuel under this Act, which amount shall be deposited into the | ||||||
23 | Aviation Fuel Sales Tax Refund Fund. The Department shall only | ||||||
24 | pay moneys into the State Aviation Program Fund and the | ||||||
25 | Aviation Fuel Sales Tax Refund Fund under this Act for so long | ||||||
26 | as the revenue use requirements of 49 U.S.C. 47107(b) and 49 |
| |||||||
| |||||||
1 | U.S.C. 47133 are binding on the State. | ||||||
2 | Beginning August 1, 2000, each
month the Department shall | ||||||
3 | pay into the
Local Government Tax Fund 80% of the net revenue | ||||||
4 | realized for the preceding
month from the 1.25% rate on the | ||||||
5 | selling price of motor fuel and gasohol. Beginning September | ||||||
6 | 1, 2010, each month the Department shall pay into the Local | ||||||
7 | Government Tax Fund 80% of the net revenue realized for the | ||||||
8 | preceding month from the 1.25% rate on the selling price of | ||||||
9 | sales tax holiday items. | ||||||
10 | Beginning October 1, 2009, each month the Department shall | ||||||
11 | pay into the Capital Projects Fund an amount that is equal to | ||||||
12 | an amount estimated by the Department to represent 80% of the | ||||||
13 | net revenue realized for the preceding month from the sale of | ||||||
14 | candy, grooming and hygiene products, and soft drinks that had | ||||||
15 | been taxed at a rate of 1% prior to September 1, 2009 but that | ||||||
16 | are now taxed at 6.25%. | ||||||
17 | Beginning July 1, 2011, each
month the Department shall | ||||||
18 | pay into the Clean Air Act Permit Fund 80% of the net revenue | ||||||
19 | realized for the
preceding month from the 6.25% general rate | ||||||
20 | on the selling price of sorbents used in Illinois in the | ||||||
21 | process of sorbent injection as used to comply with the | ||||||
22 | Environmental Protection Act or the federal Clean Air Act, but | ||||||
23 | the total payment into the Clean Air Act Permit Fund under this | ||||||
24 | Act and the Use Tax Act shall not exceed $2,000,000 in any | ||||||
25 | fiscal year. | ||||||
26 | Beginning July 1, 2013, each month the Department shall |
| |||||||
| |||||||
1 | pay into the Underground Storage Tank Fund from the proceeds | ||||||
2 | collected under this Act, the Use Tax Act, the Service Use Tax | ||||||
3 | Act, and the Service Occupation Tax Act an amount equal to the | ||||||
4 | average monthly deficit in the Underground Storage Tank Fund | ||||||
5 | during the prior year, as certified annually by the Illinois | ||||||
6 | Environmental Protection Agency, but the total payment into | ||||||
7 | the Underground Storage Tank Fund under this Act, the Use Tax | ||||||
8 | Act, the Service Use Tax Act, and the Service Occupation Tax | ||||||
9 | Act shall not exceed $18,000,000 in any State fiscal year. As | ||||||
10 | used in this paragraph, the "average monthly deficit" shall be | ||||||
11 | equal to the difference between the average monthly claims for | ||||||
12 | payment by the fund and the average monthly revenues deposited | ||||||
13 | into the fund, excluding payments made pursuant to this | ||||||
14 | paragraph. | ||||||
15 | Beginning July 1, 2015, of the remainder of the moneys | ||||||
16 | received by the Department under the Use Tax Act, the Service | ||||||
17 | Use Tax Act, the Service Occupation Tax Act, and this Act, each | ||||||
18 | month the Department shall deposit $500,000 into the State | ||||||
19 | Crime Laboratory Fund. | ||||||
20 | Of the remainder of the moneys received by the Department | ||||||
21 | pursuant
to this Act, (a) 1.75% thereof shall be paid into the | ||||||
22 | Build Illinois
Fund and (b) prior to July 1, 1989, 2.2% and on | ||||||
23 | and after July 1, 1989,
3.8% thereof shall be paid into the | ||||||
24 | Build Illinois Fund; provided, however,
that if in any fiscal | ||||||
25 | year the sum of (1) the aggregate of 2.2% or 3.8%, as
the case | ||||||
26 | may be, of the moneys received by the Department and required |
| ||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||
1 | to
be paid into the Build Illinois Fund pursuant to this Act, | |||||||||||||||||||||||||||||||||||||
2 | Section 9 of the
Use Tax Act, Section 9 of the Service Use Tax | |||||||||||||||||||||||||||||||||||||
3 | Act, and Section 9 of the
Service Occupation Tax Act, such Acts | |||||||||||||||||||||||||||||||||||||
4 | being hereinafter called the "Tax
Acts" and such aggregate of | |||||||||||||||||||||||||||||||||||||
5 | 2.2% or 3.8%, as the case may be, of moneys
being hereinafter | |||||||||||||||||||||||||||||||||||||
6 | called the "Tax Act Amount", and (2) the amount
transferred to | |||||||||||||||||||||||||||||||||||||
7 | the Build Illinois Fund from the State and Local Sales Tax
| |||||||||||||||||||||||||||||||||||||
8 | Reform Fund shall be less than the Annual Specified Amount (as | |||||||||||||||||||||||||||||||||||||
9 | hereinafter
defined), an amount equal to the difference shall | |||||||||||||||||||||||||||||||||||||
10 | be immediately paid into
the Build Illinois Fund from other | |||||||||||||||||||||||||||||||||||||
11 | moneys received by the Department
pursuant to the Tax Acts; | |||||||||||||||||||||||||||||||||||||
12 | the "Annual Specified Amount" means the amounts
specified | |||||||||||||||||||||||||||||||||||||
13 | below for fiscal years 1986 through 1993: | |||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||
23 | and means the Certified Annual Debt Service Requirement (as | |||||||||||||||||||||||||||||||||||||
24 | defined in
Section 13 of the Build Illinois Bond Act) or the | |||||||||||||||||||||||||||||||||||||
25 | Tax Act Amount, whichever
is greater, for fiscal year 1994 and | |||||||||||||||||||||||||||||||||||||
26 | each fiscal year thereafter; and
further provided, that if on |
| |||||||
| |||||||
1 | the last business day of any month the sum of
(1) the Tax Act | ||||||
2 | Amount required to be deposited into the Build Illinois
Bond | ||||||
3 | Account in the Build Illinois Fund during such month and (2) | ||||||
4 | the
amount transferred to the Build Illinois Fund from the | ||||||
5 | State and Local
Sales Tax Reform Fund shall have been less than | ||||||
6 | 1/12 of the Annual
Specified Amount, an amount equal to the | ||||||
7 | difference shall be immediately
paid into the Build Illinois | ||||||
8 | Fund from other moneys received by the
Department pursuant to | ||||||
9 | the Tax Acts; and, further provided, that in no
event shall the | ||||||
10 | payments required under the preceding proviso result in
| ||||||
11 | aggregate payments into the Build Illinois Fund pursuant to | ||||||
12 | this clause (b)
for any fiscal year in excess of the greater of | ||||||
13 | (i) the Tax Act Amount or
(ii) the Annual Specified Amount for | ||||||
14 | such fiscal year. The amounts payable
into the Build Illinois | ||||||
15 | Fund under clause (b) of the first sentence in this
paragraph | ||||||
16 | shall be payable only until such time as the aggregate amount | ||||||
17 | on
deposit under each trust indenture securing Bonds issued | ||||||
18 | and outstanding
pursuant to the Build Illinois Bond Act is | ||||||
19 | sufficient, taking into account
any future investment income, | ||||||
20 | to fully provide, in accordance with such
indenture, for the | ||||||
21 | defeasance of or the payment of the principal of,
premium, if | ||||||
22 | any, and interest on the Bonds secured by such indenture and on
| ||||||
23 | any Bonds expected to be issued thereafter and all fees and | ||||||
24 | costs payable
with respect thereto, all as certified by the | ||||||
25 | Director of the Bureau of the
Budget (now Governor's Office of | ||||||
26 | Management and Budget). If on the last
business day of any |
| |||||||
| |||||||
1 | month in which Bonds are
outstanding pursuant to the Build | ||||||
2 | Illinois Bond Act, the aggregate of
moneys deposited in the | ||||||
3 | Build Illinois Bond Account in the Build Illinois
Fund in such | ||||||
4 | month shall be less than the amount required to be transferred
| ||||||
5 | in such month from the Build Illinois Bond Account to the Build | ||||||
6 | Illinois
Bond Retirement and Interest Fund pursuant to Section | ||||||
7 | 13 of the Build
Illinois Bond Act, an amount equal to such | ||||||
8 | deficiency shall be immediately
paid from other moneys | ||||||
9 | received by the Department pursuant to the Tax Acts
to the | ||||||
10 | Build Illinois Fund; provided, however, that any amounts paid | ||||||
11 | to the
Build Illinois Fund in any fiscal year pursuant to this | ||||||
12 | sentence shall be
deemed to constitute payments pursuant to | ||||||
13 | clause (b) of the first sentence
of this paragraph and shall | ||||||
14 | reduce the amount otherwise payable for such
fiscal year | ||||||
15 | pursuant to that clause (b). The moneys received by the
| ||||||
16 | Department pursuant to this Act and required to be deposited | ||||||
17 | into the Build
Illinois Fund are subject to the pledge, claim | ||||||
18 | and charge set forth in
Section 12 of the Build Illinois Bond | ||||||
19 | Act. | ||||||
20 | Subject to payment of amounts into the Build Illinois Fund | ||||||
21 | as provided in
the preceding paragraph or in any amendment | ||||||
22 | thereto hereafter enacted, the
following specified monthly | ||||||
23 | installment of the amount requested in the
certificate of the | ||||||
24 | Chairman of the Metropolitan Pier and Exposition
Authority | ||||||
25 | provided under Section 8.25f of the State Finance Act, but not | ||||||
26 | in
excess of sums designated as "Total Deposit", shall be |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | deposited in the
aggregate from collections under Section 9 of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | the Use Tax Act, Section 9 of
the Service Use Tax Act, Section | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | 9 of the Service Occupation Tax Act, and
Section 3 of the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Retailers' Occupation Tax Act into the McCormick Place
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Expansion Project Fund in the specified fiscal years. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||
7 | Beginning July 20, 1993 and in each month of each fiscal | |||||||||||||||||||||||||||||||
8 | year thereafter,
one-eighth of the amount requested in the | |||||||||||||||||||||||||||||||
9 | certificate of the Chairman of
the Metropolitan Pier and | |||||||||||||||||||||||||||||||
10 | Exposition Authority for that fiscal year, less
the amount | |||||||||||||||||||||||||||||||
11 | deposited into the McCormick Place Expansion Project Fund by | |||||||||||||||||||||||||||||||
12 | the
State Treasurer in the respective month under subsection | |||||||||||||||||||||||||||||||
13 | (g) of Section 13
of the Metropolitan Pier and Exposition | |||||||||||||||||||||||||||||||
14 | Authority Act, plus cumulative
deficiencies in the deposits | |||||||||||||||||||||||||||||||
15 | required under this Section for previous
months and years, | |||||||||||||||||||||||||||||||
16 | shall be deposited into the McCormick Place Expansion
Project | |||||||||||||||||||||||||||||||
17 | Fund, until the full amount requested for the fiscal year, but | |||||||||||||||||||||||||||||||
18 | not
in excess of the amount specified above as "Total | |||||||||||||||||||||||||||||||
19 | Deposit", has been deposited. | |||||||||||||||||||||||||||||||
20 | Subject to payment of amounts into the Capital Projects | |||||||||||||||||||||||||||||||
21 | Fund, the Clean Air Act Permit Fund, the Build Illinois Fund, | |||||||||||||||||||||||||||||||
22 | and the McCormick Place Expansion Project Fund pursuant to the | |||||||||||||||||||||||||||||||
23 | preceding paragraphs or in any amendments thereto hereafter | |||||||||||||||||||||||||||||||
24 | enacted, for aviation fuel sold on or after December 1, 2019, | |||||||||||||||||||||||||||||||
25 | the Department shall each month deposit into the Aviation Fuel | |||||||||||||||||||||||||||||||
26 | Sales Tax Refund Fund an amount estimated by the Department to |
| |||||||
| |||||||
1 | be required for refunds of the 80% portion of the tax on | ||||||
2 | aviation fuel under this Act. The Department shall only | ||||||
3 | deposit moneys into the Aviation Fuel Sales Tax Refund Fund | ||||||
4 | under this paragraph for so long as the revenue use | ||||||
5 | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are | ||||||
6 | binding on the State. | ||||||
7 | Subject to payment of amounts into the Build Illinois Fund | ||||||
8 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
9 | preceding paragraphs
or in any amendments
thereto hereafter | ||||||
10 | enacted, beginning July 1, 1993 and ending on September 30, | ||||||
11 | 2013, the Department shall each
month pay into the Illinois | ||||||
12 | Tax Increment Fund 0.27% of 80% of the net revenue
realized for | ||||||
13 | the preceding month from the 6.25% general rate on the selling
| ||||||
14 | price of tangible personal property. | ||||||
15 | Subject to payment of amounts into the Build Illinois Fund | ||||||
16 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
17 | preceding paragraphs or in any
amendments thereto hereafter | ||||||
18 | enacted, beginning with the receipt of the first
report of | ||||||
19 | taxes paid by an eligible business and continuing for a | ||||||
20 | 25-year
period, the Department shall each month pay into the | ||||||
21 | Energy Infrastructure
Fund 80% of the net revenue realized | ||||||
22 | from the 6.25% general rate on the
selling price of | ||||||
23 | Illinois-mined coal that was sold to an eligible business.
For | ||||||
24 | purposes of this paragraph, the term "eligible business" means | ||||||
25 | a new
electric generating facility certified pursuant to | ||||||
26 | Section 605-332 of the
Department of Commerce and Economic |
| |||||||
| |||||||
1 | Opportunity
Law of the Civil Administrative Code of Illinois. | ||||||
2 | Subject to payment of amounts into the Build Illinois | ||||||
3 | Fund, the McCormick Place Expansion Project Fund, the Illinois | ||||||
4 | Tax Increment Fund, and the Energy Infrastructure Fund | ||||||
5 | pursuant to the preceding paragraphs or in any amendments to | ||||||
6 | this Section hereafter enacted, beginning on the first day of | ||||||
7 | the first calendar month to occur on or after August 26, 2014 | ||||||
8 | (the effective date of Public Act 98-1098), each month, from | ||||||
9 | the collections made under Section 9 of the Use Tax Act, | ||||||
10 | Section 9 of the Service Use Tax Act, Section 9 of the Service | ||||||
11 | Occupation Tax Act, and Section 3 of the Retailers' Occupation | ||||||
12 | Tax Act, the Department shall pay into the Tax Compliance and | ||||||
13 | Administration Fund, to be used, subject to appropriation, to | ||||||
14 | fund additional auditors and compliance personnel at the | ||||||
15 | Department of Revenue, an amount equal to 1/12 of 5% of 80% of | ||||||
16 | the cash receipts collected during the preceding fiscal year | ||||||
17 | by the Audit Bureau of the Department under the Use Tax Act, | ||||||
18 | the Service Use Tax Act, the Service Occupation Tax Act, the | ||||||
19 | Retailers' Occupation Tax Act, and associated local occupation | ||||||
20 | and use taxes administered by the Department. | ||||||
21 | Subject to payments of amounts into the Build Illinois | ||||||
22 | Fund, the McCormick Place Expansion Project Fund, the Illinois | ||||||
23 | Tax Increment Fund, the Energy Infrastructure Fund, and the | ||||||
24 | Tax Compliance and Administration Fund as provided in this | ||||||
25 | Section, beginning on July 1, 2018 the Department shall pay | ||||||
26 | each month into the Downstate Public Transportation Fund the |
| |||||||
| |||||||
1 | moneys required to be so paid under Section 2-3 of the | ||||||
2 | Downstate Public Transportation Act. | ||||||
3 | Subject to successful execution and delivery of a | ||||||
4 | public-private agreement between the public agency and private | ||||||
5 | entity and completion of the civic build, beginning on July 1, | ||||||
6 | 2023, of the remainder of the moneys received by the | ||||||
7 | Department under the Use Tax Act, the Service Use Tax Act, the | ||||||
8 | Service Occupation Tax Act, and this Act, the Department shall | ||||||
9 | deposit the following specified deposits in the aggregate from | ||||||
10 | collections under the Use Tax Act, the Service Use Tax Act, the | ||||||
11 | Service Occupation Tax Act, and the Retailers' Occupation Tax | ||||||
12 | Act, as required under Section 8.25g of the State Finance Act | ||||||
13 | for distribution consistent with the Public-Private | ||||||
14 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
15 | The moneys received by the Department pursuant to this Act and | ||||||
16 | required to be deposited into the Civic and Transit | ||||||
17 | Infrastructure Fund are subject to the pledge, claim and | ||||||
18 | charge set forth in Section 25-55 of the Public-Private | ||||||
19 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
20 | As used in this paragraph, "civic build", "private entity", | ||||||
21 | "public-private agreement", and "public agency" have the | ||||||
22 | meanings provided in Section 25-10 of the Public-Private | ||||||
23 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
24 | Fiscal Year .............................Total Deposit | ||||||
25 | 2024 .....................................$200,000,000 | ||||||
26 | 2025 ....................................$206,000,000 |
| |||||||
| |||||||
1 | 2026 ....................................$212,200,000 | ||||||
2 | 2027 ....................................$218,500,000 | ||||||
3 | 2028 ....................................$225,100,000 | ||||||
4 | 2029 ....................................$288,700,000 | ||||||
5 | 2030 ....................................$298,900,000 | ||||||
6 | 2031 ....................................$309,300,000 | ||||||
7 | 2032 ....................................$320,100,000 | ||||||
8 | 2033 ....................................$331,200,000 | ||||||
9 | 2034 ....................................$341,200,000 | ||||||
10 | 2035 ....................................$351,400,000 | ||||||
11 | 2036 ....................................$361,900,000 | ||||||
12 | 2037 ....................................$372,800,000 | ||||||
13 | 2038 ....................................$384,000,000 | ||||||
14 | 2039 ....................................$395,500,000 | ||||||
15 | 2040 ....................................$407,400,000 | ||||||
16 | 2041 ....................................$419,600,000 | ||||||
17 | 2042 ....................................$432,200,000 | ||||||
18 | 2043 ....................................$445,100,000 | ||||||
19 | Beginning July 1, 2021 and until July 1, 2022, subject to | ||||||
20 | the payment of amounts into the County and Mass Transit | ||||||
21 | District Fund, the Local Government Tax Fund, the Build | ||||||
22 | Illinois Fund, the McCormick Place Expansion Project Fund, the | ||||||
23 | Illinois Tax Increment Fund, the Energy Infrastructure Fund, | ||||||
24 | and the Tax Compliance and Administration Fund as provided in | ||||||
25 | this Section, the Department shall pay each month into the | ||||||
26 | Road Fund the amount estimated to represent 16% of the net |
| |||||||
| |||||||
1 | revenue realized from the taxes imposed on motor fuel and | ||||||
2 | gasohol. Beginning July 1, 2022 and until July 1, 2023, | ||||||
3 | subject to the payment of amounts into the County and Mass | ||||||
4 | Transit District Fund, the Local Government Tax Fund, the | ||||||
5 | Build Illinois Fund, the McCormick Place Expansion Project | ||||||
6 | Fund, the Illinois Tax Increment Fund, the Energy | ||||||
7 | Infrastructure Fund, and the Tax Compliance and Administration | ||||||
8 | Fund as provided in this Section, the Department shall pay | ||||||
9 | each month into the Road Fund the amount estimated to | ||||||
10 | represent 32% of the net revenue realized from the taxes | ||||||
11 | imposed on motor fuel and gasohol. Beginning July 1, 2023 and | ||||||
12 | until July 1, 2024, subject to the payment of amounts into the | ||||||
13 | County and Mass Transit District Fund, the Local Government | ||||||
14 | Tax Fund, the Build Illinois Fund, the McCormick Place | ||||||
15 | Expansion Project Fund, the Illinois Tax Increment Fund, the | ||||||
16 | Energy Infrastructure Fund, and the Tax Compliance and | ||||||
17 | Administration Fund as provided in this Section, the | ||||||
18 | Department shall pay each month into the Road Fund the amount | ||||||
19 | estimated to represent 48% of the net revenue realized from | ||||||
20 | the taxes imposed on motor fuel and gasohol. Beginning July 1, | ||||||
21 | 2024 and until July 1, 2025, subject to the payment of amounts | ||||||
22 | into the County and Mass Transit District Fund, the Local | ||||||
23 | Government Tax Fund, the Build Illinois Fund, the McCormick | ||||||
24 | Place Expansion Project Fund, the Illinois Tax Increment Fund, | ||||||
25 | the Energy Infrastructure Fund, and the Tax Compliance and | ||||||
26 | Administration Fund as provided in this Section, the |
| |||||||
| |||||||
1 | Department shall pay each month into the Road Fund the amount | ||||||
2 | estimated to represent 64% of the net revenue realized from | ||||||
3 | the taxes imposed on motor fuel and gasohol. Beginning on July | ||||||
4 | 1, 2025, subject to the payment of amounts into the County and | ||||||
5 | Mass Transit District Fund, the Local Government Tax Fund, the | ||||||
6 | Build Illinois Fund, the McCormick Place Expansion Project | ||||||
7 | Fund, the Illinois Tax Increment Fund, the Energy | ||||||
8 | Infrastructure Fund, and the Tax Compliance and Administration | ||||||
9 | Fund as provided in this Section, the Department shall pay | ||||||
10 | each month into the Road Fund the amount estimated to | ||||||
11 | represent 80% of the net revenue realized from the taxes | ||||||
12 | imposed on motor fuel and gasohol. As used in this paragraph | ||||||
13 | "motor fuel" has the meaning given to that term in Section 1.1 | ||||||
14 | of the Motor Fuel Tax Act, and "gasohol" has the meaning given | ||||||
15 | to that term in Section 3-40 of the Use Tax Act. | ||||||
16 | Of the remainder of the moneys received by the Department | ||||||
17 | pursuant to
this Act, 75% thereof shall be paid into the State | ||||||
18 | Treasury and 25% shall
be reserved in a special account and | ||||||
19 | used only for the transfer to the
Common School Fund as part of | ||||||
20 | the monthly transfer from the General Revenue
Fund in | ||||||
21 | accordance with Section 8a of the State Finance Act. | ||||||
22 | The Department may, upon separate written notice to a | ||||||
23 | taxpayer,
require the taxpayer to prepare and file with the | ||||||
24 | Department on a form
prescribed by the Department within not | ||||||
25 | less than 60 days after receipt
of the notice an annual | ||||||
26 | information return for the tax year specified in
the notice. |
| |||||||
| |||||||
1 | Such annual return to the Department shall include a
statement | ||||||
2 | of gross receipts as shown by the retailer's last Federal | ||||||
3 | income
tax return. If the total receipts of the business as | ||||||
4 | reported in the
Federal income tax return do not agree with the | ||||||
5 | gross receipts reported to
the Department of Revenue for the | ||||||
6 | same period, the retailer shall attach
to his annual return a | ||||||
7 | schedule showing a reconciliation of the 2
amounts and the | ||||||
8 | reasons for the difference. The retailer's annual
return to | ||||||
9 | the Department shall also disclose the cost of goods sold by
| ||||||
10 | the retailer during the year covered by such return, opening | ||||||
11 | and closing
inventories of such goods for such year, costs of | ||||||
12 | goods used from stock
or taken from stock and given away by the | ||||||
13 | retailer during such year,
payroll information of the | ||||||
14 | retailer's business during such year and any
additional | ||||||
15 | reasonable information which the Department deems would be
| ||||||
16 | helpful in determining the accuracy of the monthly, quarterly | ||||||
17 | or annual
returns filed by such retailer as provided for in | ||||||
18 | this Section. | ||||||
19 | If the annual information return required by this Section | ||||||
20 | is not
filed when and as required, the taxpayer shall be liable | ||||||
21 | as follows: | ||||||
22 | (i) Until January 1, 1994, the taxpayer shall be | ||||||
23 | liable
for a penalty equal to 1/6 of 1% of the tax due from | ||||||
24 | such taxpayer under
this Act during the period to be | ||||||
25 | covered by the annual return for each
month or fraction of | ||||||
26 | a month until such return is filed as required, the
|
| |||||||
| |||||||
1 | penalty to be assessed and collected in the same manner as | ||||||
2 | any other
penalty provided for in this Act. | ||||||
3 | (ii) On and after January 1, 1994, the taxpayer shall | ||||||
4 | be
liable for a penalty as described in Section 3-4 of the | ||||||
5 | Uniform Penalty and
Interest Act. | ||||||
6 | The chief executive officer, proprietor, owner or highest | ||||||
7 | ranking
manager shall sign the annual return to certify the | ||||||
8 | accuracy of the
information contained therein. Any person who | ||||||
9 | willfully signs the
annual return containing false or | ||||||
10 | inaccurate information shall be guilty
of perjury and punished | ||||||
11 | accordingly. The annual return form prescribed
by the | ||||||
12 | Department shall include a warning that the person signing the
| ||||||
13 | return may be liable for perjury. | ||||||
14 | The provisions of this Section concerning the filing of an | ||||||
15 | annual
information return do not apply to a retailer who is not | ||||||
16 | required to
file an income tax return with the United States | ||||||
17 | Government. | ||||||
18 | As soon as possible after the first day of each month, upon | ||||||
19 | certification
of the Department of Revenue, the Comptroller | ||||||
20 | shall order transferred and
the Treasurer shall transfer from | ||||||
21 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
22 | equal to 1.7% of 80% of the net revenue realized
under this Act | ||||||
23 | for the second preceding
month.
Beginning April 1, 2000, this | ||||||
24 | transfer is no longer required
and shall not be made. | ||||||
25 | Net revenue realized for a month shall be the revenue | ||||||
26 | collected by the
State pursuant to this Act, less the amount |
| |||||||
| |||||||
1 | paid out during that month as
refunds to taxpayers for | ||||||
2 | overpayment of liability. | ||||||
3 | For greater simplicity of administration, manufacturers, | ||||||
4 | importers
and wholesalers whose products are sold at retail in | ||||||
5 | Illinois by
numerous retailers, and who wish to do so, may | ||||||
6 | assume the responsibility
for accounting and paying to the | ||||||
7 | Department all tax accruing under this
Act with respect to | ||||||
8 | such sales, if the retailers who are affected do not
make | ||||||
9 | written objection to the Department to this arrangement. | ||||||
10 | Any person who promotes, organizes, provides retail | ||||||
11 | selling space for
concessionaires or other types of sellers at | ||||||
12 | the Illinois State Fair, DuQuoin
State Fair, county fairs, | ||||||
13 | local fairs, art shows, flea markets and similar
exhibitions | ||||||
14 | or events, including any transient merchant as defined by | ||||||
15 | Section 2
of the Transient Merchant Act of 1987, is required to | ||||||
16 | file a report with the
Department providing the name of the | ||||||
17 | merchant's business, the name of the
person or persons engaged | ||||||
18 | in merchant's business, the permanent address and
Illinois | ||||||
19 | Retailers Occupation Tax Registration Number of the merchant, | ||||||
20 | the
dates and location of the event and other reasonable | ||||||
21 | information that the
Department may require. The report must | ||||||
22 | be filed not later than the 20th day
of the month next | ||||||
23 | following the month during which the event with retail sales
| ||||||
24 | was held. Any person who fails to file a report required by | ||||||
25 | this Section
commits a business offense and is subject to a | ||||||
26 | fine not to exceed $250. |
| |||||||
| |||||||
1 | Any person engaged in the business of selling tangible | ||||||
2 | personal
property at retail as a concessionaire or other type | ||||||
3 | of seller at the
Illinois State Fair, county fairs, art shows, | ||||||
4 | flea markets and similar
exhibitions or events, or any | ||||||
5 | transient merchants, as defined by Section 2
of the Transient | ||||||
6 | Merchant Act of 1987, may be required to make a daily report
of | ||||||
7 | the amount of such sales to the Department and to make a daily | ||||||
8 | payment of
the full amount of tax due. The Department shall | ||||||
9 | impose this
requirement when it finds that there is a | ||||||
10 | significant risk of loss of
revenue to the State at such an | ||||||
11 | exhibition or event. Such a finding
shall be based on evidence | ||||||
12 | that a substantial number of concessionaires
or other sellers | ||||||
13 | who are not residents of Illinois will be engaging in
the | ||||||
14 | business of selling tangible personal property at retail at | ||||||
15 | the
exhibition or event, or other evidence of a significant | ||||||
16 | risk of loss of revenue
to the State. The Department shall | ||||||
17 | notify concessionaires and other sellers
affected by the | ||||||
18 | imposition of this requirement. In the absence of
notification | ||||||
19 | by the Department, the concessionaires and other sellers
shall | ||||||
20 | file their returns as otherwise required in this Section. | ||||||
21 | (Source: P.A. 101-10, Article 15, Section 15-25, eff. 6-5-19; | ||||||
22 | 101-10, Article 25, Section 25-120, eff. 6-5-19; 101-27, eff. | ||||||
23 | 6-25-19; 101-32, eff. 6-28-19; 101-604, eff. 12-13-19; | ||||||
24 | 101-636, eff. 6-10-20; 102-634, eff. 8-27-21; revised | ||||||
25 | 12-7-21.) |
| |||||||
| |||||||
1 | Section 260. The Property Tax Code is amended by changing | ||||||
2 | Sections 18-185, 21-260, and 22-10 as follows: | ||||||
3 | (35 ILCS 200/18-185)
| ||||||
4 | Sec. 18-185. Short title; definitions. This Division 5 | ||||||
5 | may be cited as the
Property Tax Extension Limitation Law. As | ||||||
6 | used in this Division 5:
| ||||||
7 | "Consumer Price Index" means the Consumer Price Index for | ||||||
8 | All Urban
Consumers for all items published by the United | ||||||
9 | States Department of Labor.
| ||||||
10 | "Extension limitation" means (a) the lesser of 5% or the | ||||||
11 | percentage increase
in the Consumer Price Index during the | ||||||
12 | 12-month calendar year preceding the
levy year or (b) the rate | ||||||
13 | of increase approved by voters under Section 18-205.
| ||||||
14 | "Affected county" means a county of 3,000,000 or more | ||||||
15 | inhabitants or a
county contiguous to a county of 3,000,000 or | ||||||
16 | more inhabitants.
| ||||||
17 | "Taxing district" has the same meaning provided in Section | ||||||
18 | 1-150, except as
otherwise provided in this Section. For the | ||||||
19 | 1991 through 1994 levy years only,
"taxing district" includes | ||||||
20 | only each non-home rule taxing district having the
majority of | ||||||
21 | its
1990 equalized assessed value within any county or | ||||||
22 | counties contiguous to a
county with 3,000,000 or more | ||||||
23 | inhabitants. Beginning with the 1995 levy
year, "taxing | ||||||
24 | district" includes only each non-home rule taxing district
| ||||||
25 | subject to this Law before the 1995 levy year and each non-home |
| |||||||
| |||||||
1 | rule
taxing district not subject to this Law before the 1995 | ||||||
2 | levy year having the
majority of its 1994 equalized assessed | ||||||
3 | value in an affected county or
counties. Beginning with the | ||||||
4 | levy year in
which this Law becomes applicable to a taxing | ||||||
5 | district as
provided in Section 18-213, "taxing district" also | ||||||
6 | includes those taxing
districts made subject to this Law as | ||||||
7 | provided in Section 18-213.
| ||||||
8 | "Aggregate extension" for taxing districts to which this | ||||||
9 | Law applied before
the 1995 levy year means the annual | ||||||
10 | corporate extension for the taxing
district and those special | ||||||
11 | purpose extensions that are made annually for
the taxing | ||||||
12 | district, excluding special purpose extensions: (a) made for | ||||||
13 | the
taxing district to pay interest or principal on general | ||||||
14 | obligation bonds
that were approved by referendum; (b) made | ||||||
15 | for any taxing district to pay
interest or principal on | ||||||
16 | general obligation bonds issued before October 1,
1991; (c) | ||||||
17 | made for any taxing district to pay interest or principal on | ||||||
18 | bonds
issued to refund or continue to refund those bonds | ||||||
19 | issued before October 1,
1991; (d)
made for any taxing | ||||||
20 | district to pay interest or principal on bonds
issued to | ||||||
21 | refund or continue to refund bonds issued after October 1, | ||||||
22 | 1991 that
were approved by referendum; (e)
made for any taxing | ||||||
23 | district to pay interest
or principal on revenue bonds issued | ||||||
24 | before October 1, 1991 for payment of
which a property tax levy | ||||||
25 | or the full faith and credit of the unit of local
government is | ||||||
26 | pledged; however, a tax for the payment of interest or |
| |||||||
| |||||||
1 | principal
on those bonds shall be made only after the | ||||||
2 | governing body of the unit of local
government finds that all | ||||||
3 | other sources for payment are insufficient to make
those | ||||||
4 | payments; (f) made for payments under a building commission | ||||||
5 | lease when
the lease payments are for the retirement of bonds | ||||||
6 | issued by the commission
before October 1, 1991, to pay for the | ||||||
7 | building project; (g) made for payments
due under installment | ||||||
8 | contracts entered into before October 1, 1991;
(h) made for | ||||||
9 | payments of principal and interest on bonds issued under the
| ||||||
10 | Metropolitan Water Reclamation District Act to finance | ||||||
11 | construction projects
initiated before October 1, 1991; (i) | ||||||
12 | made for payments of principal and
interest on limited bonds, | ||||||
13 | as defined in Section 3 of the Local Government Debt
Reform | ||||||
14 | Act, in an amount not to exceed the debt service extension base | ||||||
15 | less
the amount in items (b), (c), (e), and (h) of this | ||||||
16 | definition for
non-referendum obligations, except obligations | ||||||
17 | initially issued pursuant to
referendum; (j) made for payments | ||||||
18 | of principal and interest on bonds
issued under Section 15 of | ||||||
19 | the Local Government Debt Reform Act; (k)
made
by a school | ||||||
20 | district that participates in the Special Education District | ||||||
21 | of
Lake County, created by special education joint agreement | ||||||
22 | under Section
10-22.31 of the School Code, for payment of the | ||||||
23 | school district's share of the
amounts required to be | ||||||
24 | contributed by the Special Education District of Lake
County | ||||||
25 | to the Illinois Municipal Retirement Fund under Article 7 of | ||||||
26 | the
Illinois Pension Code; the amount of any extension under |
| |||||||
| |||||||
1 | this item (k) shall be
certified by the school district to the | ||||||
2 | county clerk; (l) made to fund
expenses of providing joint | ||||||
3 | recreational programs for persons with disabilities under
| ||||||
4 | Section 5-8 of
the
Park District Code or Section 11-95-14 of | ||||||
5 | the Illinois Municipal Code; (m) made for temporary relocation | ||||||
6 | loan repayment purposes pursuant to Sections 2-3.77 and | ||||||
7 | 17-2.2d of the School Code; (n) made for payment of principal | ||||||
8 | and interest on any bonds issued under the authority of | ||||||
9 | Section 17-2.2d of the School Code; (o) made for contributions | ||||||
10 | to a firefighter's pension fund created under Article 4 of the | ||||||
11 | Illinois Pension Code, to the extent of the amount certified | ||||||
12 | under item (5) of Section 4-134 of the Illinois Pension Code; | ||||||
13 | and (p) made for road purposes in the first year after a | ||||||
14 | township assumes the rights, powers, duties, assets, property, | ||||||
15 | liabilities, obligations, and
responsibilities of a road | ||||||
16 | district abolished under the provisions of Section 6-133 of | ||||||
17 | the Illinois Highway Code.
| ||||||
18 | "Aggregate extension" for the taxing districts to which | ||||||
19 | this Law did not
apply before the 1995 levy year (except taxing | ||||||
20 | districts subject to this Law
in
accordance with Section | ||||||
21 | 18-213) means the annual corporate extension for the
taxing | ||||||
22 | district and those special purpose extensions that are made | ||||||
23 | annually for
the taxing district, excluding special purpose | ||||||
24 | extensions: (a) made for the
taxing district to pay interest | ||||||
25 | or principal on general obligation bonds that
were approved by | ||||||
26 | referendum; (b) made for any taxing district to pay interest
|
| |||||||
| |||||||
1 | or principal on general obligation bonds issued before March | ||||||
2 | 1, 1995; (c) made
for any taxing district to pay interest or | ||||||
3 | principal on bonds issued to refund
or continue to refund | ||||||
4 | those bonds issued before March 1, 1995; (d) made for any
| ||||||
5 | taxing district to pay interest or principal on bonds issued | ||||||
6 | to refund or
continue to refund bonds issued after March 1, | ||||||
7 | 1995 that were approved by
referendum; (e) made for any taxing | ||||||
8 | district to pay interest or principal on
revenue bonds issued | ||||||
9 | before March 1, 1995 for payment of which a property tax
levy | ||||||
10 | or the full faith and credit of the unit of local government is | ||||||
11 | pledged;
however, a tax for the payment of interest or | ||||||
12 | principal on those bonds shall be
made only after the | ||||||
13 | governing body of the unit of local government finds that
all | ||||||
14 | other sources for payment are insufficient to make those | ||||||
15 | payments; (f) made
for payments under a building commission | ||||||
16 | lease when the lease payments are for
the retirement of bonds | ||||||
17 | issued by the commission before March 1, 1995 to
pay for the | ||||||
18 | building project; (g) made for payments due under installment
| ||||||
19 | contracts entered into before March 1, 1995; (h) made for | ||||||
20 | payments of
principal and interest on bonds issued under the | ||||||
21 | Metropolitan Water Reclamation
District Act to finance | ||||||
22 | construction projects initiated before October 1,
1991; (h-4) | ||||||
23 | made for stormwater management purposes by the Metropolitan | ||||||
24 | Water Reclamation District of Greater Chicago under Section 12 | ||||||
25 | of the Metropolitan Water Reclamation District Act; (i) made | ||||||
26 | for payments of principal and interest on limited bonds,
as |
| |||||||
| |||||||
1 | defined in Section 3 of the Local Government Debt Reform Act, | ||||||
2 | in an amount
not to exceed the debt service extension base less | ||||||
3 | the amount in items (b),
(c), and (e) of this definition for | ||||||
4 | non-referendum obligations, except
obligations initially | ||||||
5 | issued pursuant to referendum and bonds described in
| ||||||
6 | subsection (h) of this definition; (j) made for payments of
| ||||||
7 | principal and interest on bonds issued under Section 15 of the | ||||||
8 | Local Government
Debt Reform Act; (k) made for payments of | ||||||
9 | principal and interest on bonds
authorized by Public Act | ||||||
10 | 88-503 and issued under Section 20a of the Chicago
Park | ||||||
11 | District Act for aquarium or
museum projects and bonds issued | ||||||
12 | under Section 20a of the Chicago Park District Act for the | ||||||
13 | purpose of making contributions to the pension fund | ||||||
14 | established under Article 12 of the Illinois Pension Code; (l) | ||||||
15 | made for payments of principal and interest on
bonds
| ||||||
16 | authorized by Public Act 87-1191 or 93-601 and (i) issued | ||||||
17 | pursuant to Section 21.2 of the Cook County Forest
Preserve | ||||||
18 | District Act, (ii) issued under Section 42 of the Cook County
| ||||||
19 | Forest Preserve District Act for zoological park projects, or | ||||||
20 | (iii) issued
under Section 44.1 of the Cook County Forest | ||||||
21 | Preserve District Act for
botanical gardens projects; (m) made
| ||||||
22 | pursuant
to Section 34-53.5 of the School Code, whether levied | ||||||
23 | annually or not;
(n) made to fund expenses of providing joint | ||||||
24 | recreational programs for persons with disabilities under | ||||||
25 | Section 5-8 of the Park
District Code or Section 11-95-14 of | ||||||
26 | the Illinois Municipal Code;
(o) made by the
Chicago Park
|
| |||||||
| |||||||
1 | District for recreational programs for persons with | ||||||
2 | disabilities under subsection (c) of
Section
7.06 of the | ||||||
3 | Chicago Park District Act; (p) made for contributions to a | ||||||
4 | firefighter's pension fund created under Article 4 of the | ||||||
5 | Illinois Pension Code, to the extent of the amount certified | ||||||
6 | under item (5) of Section 4-134 of the Illinois Pension Code; | ||||||
7 | (q) made by Ford Heights School District 169 under Section | ||||||
8 | 17-9.02 of the School Code; and (r) made for the purpose of | ||||||
9 | making employer contributions to the Public School Teachers' | ||||||
10 | Pension and Retirement Fund of Chicago under Section 34-53 of | ||||||
11 | the School Code.
| ||||||
12 | "Aggregate extension" for all taxing districts to which | ||||||
13 | this Law applies in
accordance with Section 18-213, except for | ||||||
14 | those taxing districts subject to
paragraph (2) of subsection | ||||||
15 | (e) of Section 18-213, means the annual corporate
extension | ||||||
16 | for the
taxing district and those special purpose extensions | ||||||
17 | that are made annually for
the taxing district, excluding | ||||||
18 | special purpose extensions: (a) made for the
taxing district | ||||||
19 | to pay interest or principal on general obligation bonds that
| ||||||
20 | were approved by referendum; (b) made for any taxing district | ||||||
21 | to pay interest
or principal on general obligation bonds | ||||||
22 | issued before the date on which the
referendum making this
Law | ||||||
23 | applicable to the taxing district is held; (c) made
for any | ||||||
24 | taxing district to pay interest or principal on bonds issued | ||||||
25 | to refund
or continue to refund those bonds issued before the | ||||||
26 | date on which the
referendum making this Law
applicable to the |
| |||||||
| |||||||
1 | taxing district is held;
(d) made for any
taxing district to | ||||||
2 | pay interest or principal on bonds issued to refund or
| ||||||
3 | continue to refund bonds issued after the date on which the | ||||||
4 | referendum making
this Law
applicable to the taxing district | ||||||
5 | is held if the bonds were approved by
referendum after the date | ||||||
6 | on which the referendum making this Law
applicable to the | ||||||
7 | taxing district is held; (e) made for any
taxing district to | ||||||
8 | pay interest or principal on
revenue bonds issued before the | ||||||
9 | date on which the referendum making this Law
applicable to the
| ||||||
10 | taxing district is held for payment of which a property tax
| ||||||
11 | levy or the full faith and credit of the unit of local | ||||||
12 | government is pledged;
however, a tax for the payment of | ||||||
13 | interest or principal on those bonds shall be
made only after | ||||||
14 | the governing body of the unit of local government finds that
| ||||||
15 | all other sources for payment are insufficient to make those | ||||||
16 | payments; (f) made
for payments under a building commission | ||||||
17 | lease when the lease payments are for
the retirement of bonds | ||||||
18 | issued by the commission before the date on which the
| ||||||
19 | referendum making this
Law applicable to the taxing district | ||||||
20 | is held to
pay for the building project; (g) made for payments | ||||||
21 | due under installment
contracts entered into before the date | ||||||
22 | on which the referendum making this Law
applicable to
the | ||||||
23 | taxing district is held;
(h) made for payments
of principal | ||||||
24 | and interest on limited bonds,
as defined in Section 3 of the | ||||||
25 | Local Government Debt Reform Act, in an amount
not to exceed | ||||||
26 | the debt service extension base less the amount in items (b),
|
| |||||||
| |||||||
1 | (c), and (e) of this definition for non-referendum | ||||||
2 | obligations, except
obligations initially issued pursuant to | ||||||
3 | referendum; (i) made for payments
of
principal and interest on | ||||||
4 | bonds issued under Section 15 of the Local Government
Debt | ||||||
5 | Reform Act;
(j)
made for a qualified airport authority to pay | ||||||
6 | interest or principal on
general obligation bonds issued for | ||||||
7 | the purpose of paying obligations due
under, or financing | ||||||
8 | airport facilities required to be acquired, constructed,
| ||||||
9 | installed or equipped pursuant to, contracts entered into | ||||||
10 | before March
1, 1996 (but not including any amendments to such | ||||||
11 | a contract taking effect on
or after that date); (k) made to | ||||||
12 | fund expenses of providing joint
recreational programs for | ||||||
13 | persons with disabilities under Section 5-8 of
the
Park | ||||||
14 | District Code or Section 11-95-14 of the Illinois Municipal | ||||||
15 | Code; (l) made for contributions to a firefighter's pension | ||||||
16 | fund created under Article 4 of the Illinois Pension Code, to | ||||||
17 | the extent of the amount certified under item (5) of Section | ||||||
18 | 4-134 of the Illinois Pension Code; and (m) made for the taxing | ||||||
19 | district to pay interest or principal on general obligation | ||||||
20 | bonds issued pursuant to Section 19-3.10 of the School Code.
| ||||||
21 | "Aggregate extension" for all taxing districts to which | ||||||
22 | this Law applies in
accordance with paragraph (2) of | ||||||
23 | subsection (e) of Section 18-213 means the
annual corporate | ||||||
24 | extension for the
taxing district and those special purpose | ||||||
25 | extensions that are made annually for
the taxing district, | ||||||
26 | excluding special purpose extensions: (a) made for the
taxing |
| |||||||
| |||||||
1 | district to pay interest or principal on general obligation | ||||||
2 | bonds that
were approved by referendum; (b) made for any | ||||||
3 | taxing district to pay interest
or principal on general | ||||||
4 | obligation bonds issued before March 7, 1997 (the effective | ||||||
5 | date of Public Act 89-718);
(c) made
for any taxing district to | ||||||
6 | pay interest or principal on bonds issued to refund
or | ||||||
7 | continue to refund those bonds issued before March 7, 1997 | ||||||
8 | (the effective date
of Public Act 89-718);
(d) made for any
| ||||||
9 | taxing district to pay interest or principal on bonds issued | ||||||
10 | to refund or
continue to refund bonds issued after March 7, | ||||||
11 | 1997 (the effective date of Public Act 89-718) if the bonds | ||||||
12 | were approved by referendum after March 7, 1997 (the effective | ||||||
13 | date of Public Act 89-718);
(e) made for any
taxing district to | ||||||
14 | pay interest or principal on
revenue bonds issued before March | ||||||
15 | 7, 1997 (the effective date of Public Act 89-718)
for payment | ||||||
16 | of which a property tax
levy or the full faith and credit of | ||||||
17 | the unit of local government is pledged;
however, a tax for the | ||||||
18 | payment of interest or principal on those bonds shall be
made | ||||||
19 | only after the governing body of the unit of local government | ||||||
20 | finds that
all other sources for payment are insufficient to | ||||||
21 | make those payments; (f) made
for payments under a building | ||||||
22 | commission lease when the lease payments are for
the | ||||||
23 | retirement of bonds issued by the commission before March 7, | ||||||
24 | 1997 (the effective date
of Public Act 89-718)
to
pay for the | ||||||
25 | building project; (g) made for payments due under installment
| ||||||
26 | contracts entered into before March 7, 1997 (the effective |
| |||||||
| |||||||
1 | date of Public Act 89-718);
(h) made for payments
of principal | ||||||
2 | and interest on limited bonds,
as defined in Section 3 of the | ||||||
3 | Local Government Debt Reform Act, in an amount
not to exceed | ||||||
4 | the debt service extension base less the amount in items (b),
| ||||||
5 | (c), and (e) of this definition for non-referendum | ||||||
6 | obligations, except
obligations initially issued pursuant to | ||||||
7 | referendum; (i) made for payments
of
principal and interest on | ||||||
8 | bonds issued under Section 15 of the Local Government
Debt | ||||||
9 | Reform Act;
(j)
made for a qualified airport authority to pay | ||||||
10 | interest or principal on
general obligation bonds issued for | ||||||
11 | the purpose of paying obligations due
under, or financing | ||||||
12 | airport facilities required to be acquired, constructed,
| ||||||
13 | installed or equipped pursuant to, contracts entered into | ||||||
14 | before March
1, 1996 (but not including any amendments to such | ||||||
15 | a contract taking effect on
or after that date); (k) made to | ||||||
16 | fund expenses of providing joint
recreational programs for | ||||||
17 | persons with disabilities under Section 5-8 of
the
Park | ||||||
18 | District Code or Section 11-95-14 of the Illinois Municipal | ||||||
19 | Code; and (l) made for contributions to a firefighter's | ||||||
20 | pension fund created under Article 4 of the Illinois Pension | ||||||
21 | Code, to the extent of the amount certified under item (5) of | ||||||
22 | Section 4-134 of the Illinois Pension Code.
| ||||||
23 | "Debt service extension base" means an amount equal to | ||||||
24 | that portion of the
extension for a taxing district for the | ||||||
25 | 1994 levy year, or for those taxing
districts subject to this | ||||||
26 | Law in accordance with Section 18-213, except for
those |
| |||||||
| |||||||
1 | subject to paragraph (2) of subsection (e) of Section 18-213, | ||||||
2 | for the
levy
year in which the referendum making this Law | ||||||
3 | applicable to the taxing district
is held, or for those taxing | ||||||
4 | districts subject to this Law in accordance with
paragraph (2) | ||||||
5 | of subsection (e) of Section 18-213 for the 1996 levy year,
| ||||||
6 | constituting an
extension for payment of principal and | ||||||
7 | interest on bonds issued by the taxing
district without | ||||||
8 | referendum, but not including excluded non-referendum bonds. | ||||||
9 | For park districts (i) that were first
subject to this Law in | ||||||
10 | 1991 or 1995 and (ii) whose extension for the 1994 levy
year | ||||||
11 | for the payment of principal and interest on bonds issued by | ||||||
12 | the park
district without referendum (but not including | ||||||
13 | excluded non-referendum bonds)
was less than 51% of the amount | ||||||
14 | for the 1991 levy year constituting an
extension for payment | ||||||
15 | of principal and interest on bonds issued by the park
district | ||||||
16 | without referendum (but not including excluded non-referendum | ||||||
17 | bonds),
"debt service extension base" means an amount equal to | ||||||
18 | that portion of the
extension for the 1991 levy year | ||||||
19 | constituting an extension for payment of
principal and | ||||||
20 | interest on bonds issued by the park district without | ||||||
21 | referendum
(but not including excluded non-referendum bonds). | ||||||
22 | A debt service extension base established or increased at any | ||||||
23 | time pursuant to any provision of this Law, except Section | ||||||
24 | 18-212, shall be increased each year commencing with the later | ||||||
25 | of (i) the 2009 levy year or (ii) the first levy year in which | ||||||
26 | this Law becomes applicable to the taxing district, by the |
| |||||||
| |||||||
1 | lesser of 5% or the percentage increase in the Consumer Price | ||||||
2 | Index during the 12-month calendar year preceding the levy | ||||||
3 | year. The debt service extension
base may be established or | ||||||
4 | increased as provided under Section 18-212.
"Excluded | ||||||
5 | non-referendum bonds" means (i) bonds authorized by Public
Act | ||||||
6 | 88-503 and issued under Section 20a of the Chicago Park | ||||||
7 | District Act for
aquarium and museum projects; (ii) bonds | ||||||
8 | issued under Section 15 of the
Local Government Debt Reform | ||||||
9 | Act; or (iii) refunding obligations issued
to refund or to | ||||||
10 | continue to refund obligations initially issued pursuant to
| ||||||
11 | referendum.
| ||||||
12 | "Special purpose extensions" include, but are not limited | ||||||
13 | to, extensions
for levies made on an annual basis for | ||||||
14 | unemployment and workers'
compensation, self-insurance, | ||||||
15 | contributions to pension plans, and extensions
made pursuant | ||||||
16 | to Section 6-601 of the Illinois Highway Code for a road
| ||||||
17 | district's permanent road fund whether levied annually or not. | ||||||
18 | The
extension for a special service area is not included in the
| ||||||
19 | aggregate extension.
| ||||||
20 | "Aggregate extension base" means the taxing district's | ||||||
21 | last preceding
aggregate extension as adjusted under Sections | ||||||
22 | 18-135, 18-215,
18-230, 18-206, and 18-233.
An adjustment | ||||||
23 | under Section 18-135 shall be made for the 2007 levy year and | ||||||
24 | all subsequent levy years whenever one or more counties within | ||||||
25 | which a taxing district is located (i) used estimated | ||||||
26 | valuations or rates when extending taxes in the taxing |
| |||||||
| |||||||
1 | district for the last preceding levy year that resulted in the | ||||||
2 | over or under extension of taxes, or (ii) increased or | ||||||
3 | decreased the tax extension for the last preceding levy year | ||||||
4 | as required by Section 18-135(c). Whenever an adjustment is | ||||||
5 | required under Section 18-135, the aggregate extension base of | ||||||
6 | the taxing district shall be equal to the amount that the | ||||||
7 | aggregate extension of the taxing district would have been for | ||||||
8 | the last preceding levy year if either or both (i) actual, | ||||||
9 | rather than estimated, valuations or rates had been used to | ||||||
10 | calculate the extension of taxes for the last levy year, or | ||||||
11 | (ii) the tax extension for the last preceding levy year had not | ||||||
12 | been adjusted as required by subsection (c) of Section 18-135.
| ||||||
13 | Notwithstanding any other provision of law, for levy year | ||||||
14 | 2012, the aggregate extension base for West Northfield School | ||||||
15 | District No. 31 in Cook County shall be $12,654,592. | ||||||
16 | Notwithstanding any other provision of law, for levy year | ||||||
17 | 2022, the aggregate extension base of a home equity assurance | ||||||
18 | program that levied at least $1,000,000 in property taxes in | ||||||
19 | levy year 2019 or 2020 under the Home Equity Assurance Act | ||||||
20 | shall be the amount that the program's aggregate extension | ||||||
21 | base for levy year 2021 would have been if the program had | ||||||
22 | levied a property tax for levy year 2021. | ||||||
23 | "Levy year" has the same meaning as "year" under Section
| ||||||
24 | 1-155.
| ||||||
25 | "New property" means (i) the assessed value, after final | ||||||
26 | board of review or
board of appeals action, of new |
| |||||||
| |||||||
1 | improvements or additions to existing
improvements on any | ||||||
2 | parcel of real property that increase the assessed value of
| ||||||
3 | that real property during the levy year multiplied by the | ||||||
4 | equalization factor
issued by the Department under Section | ||||||
5 | 17-30, (ii) the assessed value, after
final board of review or | ||||||
6 | board of appeals action, of real property not exempt
from real | ||||||
7 | estate taxation, which real property was exempt from real | ||||||
8 | estate
taxation for any portion of the immediately preceding | ||||||
9 | levy year, multiplied by
the equalization factor issued by the | ||||||
10 | Department under Section 17-30, including the assessed value, | ||||||
11 | upon final stabilization of occupancy after new construction | ||||||
12 | is complete, of any real property located within the | ||||||
13 | boundaries of an otherwise or previously exempt military | ||||||
14 | reservation that is intended for residential use and owned by | ||||||
15 | or leased to a private corporation or other entity,
(iii) in | ||||||
16 | counties that classify in accordance with Section 4 of Article
| ||||||
17 | IX of the
Illinois Constitution, an incentive property's | ||||||
18 | additional assessed value
resulting from a
scheduled increase | ||||||
19 | in the level of assessment as applied to the first year
final | ||||||
20 | board of
review market value, and (iv) any increase in | ||||||
21 | assessed value due to oil or gas production from an oil or gas | ||||||
22 | well required to be permitted under the Hydraulic Fracturing | ||||||
23 | Regulatory Act that was not produced in or accounted for | ||||||
24 | during the previous levy year.
In addition, the county clerk | ||||||
25 | in a county containing a population of
3,000,000 or more shall | ||||||
26 | include in the 1997
recovered tax increment value for any |
| |||||||
| |||||||
1 | school district, any recovered tax
increment value that was | ||||||
2 | applicable to the 1995 tax year calculations.
| ||||||
3 | "Qualified airport authority" means an airport authority | ||||||
4 | organized under
the Airport Authorities Act and located in a | ||||||
5 | county bordering on the State of
Wisconsin and having a | ||||||
6 | population in excess of 200,000 and not greater than
500,000.
| ||||||
7 | "Recovered tax increment value" means, except as otherwise | ||||||
8 | provided in this
paragraph, the amount of the current year's | ||||||
9 | equalized assessed value, in the
first year after a | ||||||
10 | municipality terminates
the designation of an area as a | ||||||
11 | redevelopment project area previously
established under the | ||||||
12 | Tax Increment Allocation Redevelopment Act in the Illinois
| ||||||
13 | Municipal Code, previously established under the Industrial | ||||||
14 | Jobs Recovery Law
in the Illinois Municipal Code, previously | ||||||
15 | established under the Economic Development Project Area Tax | ||||||
16 | Increment Act of 1995, or previously established under the | ||||||
17 | Economic
Development Area Tax Increment Allocation Act, of | ||||||
18 | each taxable lot, block,
tract, or parcel of real property in | ||||||
19 | the redevelopment project area over and
above the initial | ||||||
20 | equalized assessed value of each property in the
redevelopment | ||||||
21 | project area.
For the taxes which are extended for the 1997 | ||||||
22 | levy year, the recovered tax
increment value for a non-home | ||||||
23 | rule taxing district that first became subject
to this Law for | ||||||
24 | the 1995 levy year because a majority of its 1994 equalized
| ||||||
25 | assessed value was in an affected county or counties shall be | ||||||
26 | increased if a
municipality terminated the designation of an |
| |||||||
| |||||||
1 | area in 1993 as a redevelopment
project area previously | ||||||
2 | established under the Tax Increment Allocation Redevelopment
| ||||||
3 | Act in the Illinois Municipal Code, previously established | ||||||
4 | under
the Industrial Jobs Recovery Law in the Illinois | ||||||
5 | Municipal Code, or previously
established under the Economic | ||||||
6 | Development Area Tax Increment Allocation Act,
by an amount | ||||||
7 | equal to the 1994 equalized assessed value of each taxable | ||||||
8 | lot,
block, tract, or parcel of real property in the | ||||||
9 | redevelopment project area over
and above the initial | ||||||
10 | equalized assessed value of each property in the
redevelopment | ||||||
11 | project area.
In the first year after a municipality
removes a | ||||||
12 | taxable lot, block, tract, or parcel of real property from a
| ||||||
13 | redevelopment project area established under the Tax Increment | ||||||
14 | Allocation Redevelopment
Act in the Illinois
Municipal Code, | ||||||
15 | the Industrial Jobs Recovery Law
in the Illinois Municipal | ||||||
16 | Code, or the Economic
Development Area Tax Increment | ||||||
17 | Allocation Act, "recovered tax increment value"
means the | ||||||
18 | amount of the current year's equalized assessed value of each | ||||||
19 | taxable
lot, block, tract, or parcel of real property removed | ||||||
20 | from the redevelopment
project area over and above the initial | ||||||
21 | equalized assessed value of that real
property before removal | ||||||
22 | from the redevelopment project area.
| ||||||
23 | Except as otherwise provided in this Section, "limiting | ||||||
24 | rate" means a
fraction the numerator of which is the last
| ||||||
25 | preceding aggregate extension base times an amount equal to | ||||||
26 | one plus the
extension limitation defined in this Section and |
| |||||||
| |||||||
1 | the denominator of which
is the current year's equalized | ||||||
2 | assessed value of all real property in the
territory under the | ||||||
3 | jurisdiction of the taxing district during the prior
levy | ||||||
4 | year. For those taxing districts that reduced their aggregate
| ||||||
5 | extension for the last preceding levy year, except for school | ||||||
6 | districts that reduced their extension for educational | ||||||
7 | purposes pursuant to Section 18-206, the highest aggregate | ||||||
8 | extension
in any of the last 3 preceding levy years shall be | ||||||
9 | used for the purpose of
computing the limiting rate. The | ||||||
10 | denominator shall not include new
property or the recovered | ||||||
11 | tax increment
value.
If a new rate, a rate decrease, or a | ||||||
12 | limiting rate increase has been approved at an election held | ||||||
13 | after March 21, 2006, then (i) the otherwise applicable | ||||||
14 | limiting rate shall be increased by the amount of the new rate | ||||||
15 | or shall be reduced by the amount of the rate decrease, as the | ||||||
16 | case may be, or (ii) in the case of a limiting rate increase, | ||||||
17 | the limiting rate shall be equal to the rate set forth
in the | ||||||
18 | proposition approved by the voters for each of the years | ||||||
19 | specified in the proposition, after
which the limiting rate of | ||||||
20 | the taxing district shall be calculated as otherwise provided. | ||||||
21 | In the case of a taxing district that obtained referendum | ||||||
22 | approval for an increased limiting rate on March 20, 2012, the | ||||||
23 | limiting rate for tax year 2012 shall be the rate that | ||||||
24 | generates the approximate total amount of taxes extendable for | ||||||
25 | that tax year, as set forth in the proposition approved by the | ||||||
26 | voters; this rate shall be the final rate applied by the county |
| |||||||
| |||||||
1 | clerk for the aggregate of all capped funds of the district for | ||||||
2 | tax year 2012.
| ||||||
3 | (Source: P.A. 102-263, eff. 8-6-21; 102-311, eff. 8-6-21; | ||||||
4 | 102-519, eff. 8-20-21; 102-558, eff. 8-20-21; revised | ||||||
5 | 10-5-21.)
| ||||||
6 | (35 ILCS 200/21-260)
| ||||||
7 | Sec. 21-260. Collector's scavenger sale. Upon the county | ||||||
8 | collector's
application under Section 21-145, to be known as | ||||||
9 | the Scavenger Sale
Application, the Court shall enter judgment | ||||||
10 | for the general taxes, special
taxes, special assessments, | ||||||
11 | interest, penalties and costs as are included in
the | ||||||
12 | advertisement and appear to be due thereon after allowing an | ||||||
13 | opportunity to
object and a hearing upon the objections as | ||||||
14 | provided in Section 21-175, and
order those properties sold by | ||||||
15 | the County Collector at public sale, or by electronic | ||||||
16 | automated sale if the collector chooses to conduct an | ||||||
17 | electronic automated sale pursuant to Section 21-261, to the
| ||||||
18 | highest bidder for cash, notwithstanding the bid may be less | ||||||
19 | than the full
amount of taxes, special taxes, special | ||||||
20 | assessments, interest, penalties and
costs for which judgment | ||||||
21 | has been entered.
| ||||||
22 | (a) Conducting the sale; bidding sale - Bidding . All | ||||||
23 | properties shall be offered for
sale in consecutive order as | ||||||
24 | they appear in the delinquent list. The minimum
bid for any | ||||||
25 | property shall be $250 or one-half of the tax if the total
|
| |||||||
| |||||||
1 | liability is less than $500. For in-person scavenger sales, | ||||||
2 | the successful bidder shall pay the
amount of the minimum bid | ||||||
3 | to the County Collector by the end of the business day on which | ||||||
4 | the bid was placed. That amount shall be paid in cash, by | ||||||
5 | certified or
cashier's check, by money order, or, if the
| ||||||
6 | successful bidder is a governmental unit, by a check issued by | ||||||
7 | that
governmental unit. For electronic automated scavenger | ||||||
8 | sales, the successful bidder shall pay the minimum bid amount | ||||||
9 | by the close of the business day on which the bid was placed. | ||||||
10 | That amount shall be paid online via ACH debit or by the | ||||||
11 | electronic payment method required by the county collector. | ||||||
12 | For in-person scavenger sales, if the bid exceeds the minimum | ||||||
13 | bid, the
successful bidder shall pay the balance of the bid to | ||||||
14 | the county collector in
cash, by certified or cashier's check, | ||||||
15 | by money order, or, if the
successful bidder is a governmental | ||||||
16 | unit, by a check issued by that
governmental unit
by the close | ||||||
17 | of the
next business day. For electronic automated scavenger | ||||||
18 | sales, the successful bidder shall pay, by the close of the | ||||||
19 | next business day, the balance of the bid online via ACH debit | ||||||
20 | or by the electronic payment method required by the county | ||||||
21 | collector. If the minimum bid is not paid at the time of sale | ||||||
22 | or if
the balance is not paid by the close of the next business | ||||||
23 | day, then the sale is
void and the minimum bid, if paid, is | ||||||
24 | forfeited to the county general fund. In
that event, the | ||||||
25 | property shall be reoffered for sale within 30 days of the last
| ||||||
26 | offering of property in regular order. The collector shall |
| |||||||
| |||||||
1 | make available to
the public a list of all properties to be | ||||||
2 | included in any reoffering due to the
voiding of the original | ||||||
3 | sale. The collector is not required to serve or
publish any | ||||||
4 | other notice of the reoffering of those properties. In the | ||||||
5 | event
that any of the properties are not sold upon reoffering, | ||||||
6 | or are sold for less
than the amount of the original voided | ||||||
7 | sale, the original bidder who failed to
pay the bid amount | ||||||
8 | shall remain liable for the unpaid balance of the bid in an
| ||||||
9 | action under Section 21-240. Liability shall not be reduced | ||||||
10 | where the bidder
upon reoffering also fails to pay the bid | ||||||
11 | amount, and in that event both
bidders shall remain liable for | ||||||
12 | the unpaid balance of their respective bids. A
sale of | ||||||
13 | properties under this Section shall not be final until | ||||||
14 | confirmed by the
court.
| ||||||
15 | (b) Confirmation of sales. The county collector shall file | ||||||
16 | his or her
report of sale in the court within 30 days of the | ||||||
17 | date of sale of each
property. No notice of the county | ||||||
18 | collector's application to confirm the sales
shall be required | ||||||
19 | except as prescribed by rule of the court. Upon
confirmation, | ||||||
20 | except in cases where the sale becomes void under Section | ||||||
21 | 22-85,
or in cases where the order of confirmation is vacated | ||||||
22 | by the court, a sale
under this Section shall extinguish the in | ||||||
23 | rem lien of the general taxes,
special taxes and special | ||||||
24 | assessments for which judgment has been entered and a
| ||||||
25 | redemption shall not revive the lien. Confirmation of the sale | ||||||
26 | shall in no
event affect the owner's personal liability to pay |
| |||||||
| |||||||
1 | the taxes, interest and
penalties as provided in this Code or | ||||||
2 | prevent institution of a proceeding under
Section 21-440 to | ||||||
3 | collect any amount that may remain
due after the sale.
| ||||||
4 | (c) Issuance of tax sale certificates. Upon confirmation | ||||||
5 | of the sale , the
County Clerk and the County Collector shall | ||||||
6 | issue to the purchaser a
certificate of purchase in the form | ||||||
7 | prescribed by Section 21-250 as near as may
be. A certificate | ||||||
8 | of purchase shall not be issued to any person who is
ineligible | ||||||
9 | to bid at the sale or to receive a certificate of purchase | ||||||
10 | under
Section 21-265.
| ||||||
11 | (d) Scavenger Tax Judgment, Sale and Redemption Record; | ||||||
12 | sale Record - Sale of
parcels not sold. The county collector | ||||||
13 | shall prepare a Scavenger Tax Judgment,
Sale and Redemption | ||||||
14 | Record. The county clerk shall write or stamp on the
scavenger | ||||||
15 | tax judgment, sale, forfeiture and redemption record opposite | ||||||
16 | the
description of any property offered for sale and not sold, | ||||||
17 | or not confirmed for
any reason, the words "offered but not | ||||||
18 | sold". The properties which are offered
for sale under this | ||||||
19 | Section and not sold or not confirmed shall be offered for
sale | ||||||
20 | annually thereafter in the manner provided in this Section | ||||||
21 | until sold,
except in the case of mineral rights, which after | ||||||
22 | 10 consecutive years of
being offered for sale under this | ||||||
23 | Section and not sold or confirmed shall
no longer be required | ||||||
24 | to be offered for sale. At
any time between annual sales the | ||||||
25 | County Collector may advertise for sale any
properties subject | ||||||
26 | to sale under judgments for sale previously entered under
this |
| |||||||
| |||||||
1 | Section and not executed for any reason. The advertisement and | ||||||
2 | sale shall
be regulated by the provisions of this Code as far | ||||||
3 | as applicable.
| ||||||
4 | (e) Proceeding to tax deed. The owner of the certificate | ||||||
5 | of purchase shall
give notice as required by Sections 22-5 | ||||||
6 | through 22-30, and may extend the
period of redemption as | ||||||
7 | provided by Section 21-385. At any time within 6 months
prior | ||||||
8 | to expiration of the period of redemption from a sale under | ||||||
9 | this Code,
the owner of a certificate of purchase may file a | ||||||
10 | petition and may obtain a tax
deed under Sections 22-30 | ||||||
11 | through 22-55. Within 30 days from filing of the petition, the | ||||||
12 | owner of a certificate must file with the county clerk the | ||||||
13 | names and addresses of the owners of the property and those | ||||||
14 | persons entitled to service of notice at their last known | ||||||
15 | addresses. The clerk shall mail notice within 30 days from the | ||||||
16 | date of the filing of addresses with the clerk. All | ||||||
17 | proceedings for the issuance of
a tax deed and all tax deeds | ||||||
18 | for properties sold under this Section shall be
subject to | ||||||
19 | Sections 22-30 through 22-55. Deeds issued under this Section | ||||||
20 | are
subject to Section 22-70. This Section shall be liberally | ||||||
21 | construed so that the deeds provided for in this Section | ||||||
22 | convey merchantable title.
| ||||||
23 | (f) Redemptions from scavenger sales. Redemptions may be | ||||||
24 | made from sales
under this Section in the same manner and upon | ||||||
25 | the same terms and conditions as
redemptions from sales made | ||||||
26 | under the County Collector's annual application for
judgment |
| |||||||
| |||||||
1 | and order of sale, except that in lieu of penalty the person | ||||||
2 | redeeming
shall pay interest as follows if the sale occurs | ||||||
3 | before September 9, 1993:
| ||||||
4 | (1) If redeemed within the first 2 months from the | ||||||
5 | date of the sale, 3%
per month or portion thereof upon the | ||||||
6 | amount for which the property was sold;
| ||||||
7 | (2) If redeemed between 2 and 6 months from the date of | ||||||
8 | the sale, 12% of
the amount for which the property was | ||||||
9 | sold;
| ||||||
10 | (3) If redeemed between 6 and 12 months from the date | ||||||
11 | of the sale, 24%
of the amount for which the property was | ||||||
12 | sold;
| ||||||
13 | (4) If redeemed between 12 and 18 months from the date | ||||||
14 | of the sale, 36% of
the amount for which the property was | ||||||
15 | sold;
| ||||||
16 | (5) If redeemed between 18 and 24 months from the date | ||||||
17 | of the sale, 48%
of the amount for which the property was | ||||||
18 | sold;
| ||||||
19 | (6) If redeemed after 24 months from the date of sale, | ||||||
20 | the 48% herein
provided together with interest at 6% per | ||||||
21 | year thereafter.
| ||||||
22 | If the sale occurs on or after September 9,
1993, the | ||||||
23 | person redeeming shall pay interest on that part of the amount | ||||||
24 | for
which the property was sold equal to or less than the full | ||||||
25 | amount of delinquent
taxes, special assessments, penalties, | ||||||
26 | interest, and costs, included in the
judgment and order of |
| |||||||
| |||||||
1 | sale as follows:
| ||||||
2 | (1) If redeemed within the first 2 months from the | ||||||
3 | date of the sale,
3% per month upon the amount of taxes, | ||||||
4 | special assessments, penalties,
interest, and costs due | ||||||
5 | for each of the first 2 months, or fraction thereof.
| ||||||
6 | (2) If redeemed at any time between 2 and 6 months from | ||||||
7 | the date of
the sale, 12% of the amount of taxes, special | ||||||
8 | assessments, penalties, interest,
and costs due.
| ||||||
9 | (3) If redeemed at any time between 6 and 12 months | ||||||
10 | from the date of the
sale, 24% of the amount of taxes, | ||||||
11 | special assessments, penalties, interest, and
costs due.
| ||||||
12 | (4) If redeemed at any time between 12 and 18 months | ||||||
13 | from the date
of the sale, 36% of the amount of taxes, | ||||||
14 | special assessments, penalties,
interest, and costs due.
| ||||||
15 | (5) If redeemed at any time between 18 and 24 months | ||||||
16 | from the date
of the sale, 48% of the amount of taxes, | ||||||
17 | special assessments, penalties,
interest, and costs due.
| ||||||
18 | (6) If redeemed after 24 months from the date of sale, | ||||||
19 | the 48%
provided for the 24 months together with interest | ||||||
20 | at 6% per annum thereafter on
the amount of taxes, special | ||||||
21 | assessments, penalties, interest, and costs due.
| ||||||
22 | The person redeeming shall not be required to pay any | ||||||
23 | interest on any part
of the amount for which the property was | ||||||
24 | sold that exceeds the full amount of
delinquent taxes, special | ||||||
25 | assessments, penalties, interest, and costs included
in the | ||||||
26 | judgment and order of sale.
|
| |||||||
| |||||||
1 | Notwithstanding any other provision of this Section, | ||||||
2 | except for
owner-occupied single family residential units | ||||||
3 | which are condominium units,
cooperative units or dwellings, | ||||||
4 | the amount required to be paid for redemption
shall also | ||||||
5 | include an amount equal to all delinquent taxes on the | ||||||
6 | property
which taxes were delinquent at the time of sale. The | ||||||
7 | delinquent taxes shall be
apportioned by the county collector | ||||||
8 | among the taxing districts in which the
property is situated | ||||||
9 | in accordance with law. In the event that all moneys
received | ||||||
10 | from any sale held under this Section exceed an amount equal to | ||||||
11 | all
delinquent taxes on the property sold, which taxes were | ||||||
12 | delinquent at the time
of sale, together with all publication | ||||||
13 | and other costs associated with the
sale, then, upon | ||||||
14 | redemption, the County Collector and the County Clerk shall
| ||||||
15 | apply the excess amount to the cost of redemption.
| ||||||
16 | (g) Bidding by county or other taxing districts. Any | ||||||
17 | taxing district may
bid at a scavenger sale. The county board | ||||||
18 | of the county in which properties
offered for sale under this | ||||||
19 | Section are located may bid as trustee for all
taxing | ||||||
20 | districts having an interest in the taxes for the nonpayment | ||||||
21 | of which
the parcels are offered. The County shall apply on the | ||||||
22 | bid the unpaid taxes due
upon the property and no cash need be | ||||||
23 | paid. The County or other taxing district
acquiring a tax sale | ||||||
24 | certificate shall take all steps necessary to acquire
title to | ||||||
25 | the property and may manage and operate the property so | ||||||
26 | acquired.
|
| |||||||
| |||||||
1 | When a county, or other taxing district within the county, | ||||||
2 | is a petitioner
for a tax deed, no filing fee shall be required | ||||||
3 | on the petition. The county as
a tax creditor and as trustee | ||||||
4 | for other tax creditors, or other taxing district
within the | ||||||
5 | county shall not be required to allege and prove that all taxes | ||||||
6 | and
special assessments which become due and payable after the | ||||||
7 | sale to the county
have been paid. The county shall not be | ||||||
8 | required to pay the subsequently
accruing taxes or special | ||||||
9 | assessments at any time. Upon the written request of
the | ||||||
10 | county board or its designee, the county collector shall not | ||||||
11 | offer the
property for sale at any tax sale subsequent to the | ||||||
12 | sale of the property to the
county under this Section. The lien | ||||||
13 | of taxes and special assessments which
become due and payable | ||||||
14 | after a sale to a county shall merge in the fee title of
the | ||||||
15 | county, or other taxing district, on the issuance of a deed. | ||||||
16 | The County may
sell the properties so acquired, or the | ||||||
17 | certificate of purchase thereto, and
the proceeds of the sale | ||||||
18 | shall be distributed to the taxing districts in
proportion to | ||||||
19 | their respective interests therein. The presiding officer of | ||||||
20 | the
county board, with the advice and consent of the County | ||||||
21 | Board, may appoint some
officer or person to attend scavenger | ||||||
22 | sales and bid on its behalf.
| ||||||
23 | (h) Miscellaneous provisions. In the event that the tract | ||||||
24 | of land or lot
sold at any such sale is not redeemed within the | ||||||
25 | time permitted by law and a
tax deed is issued, all moneys that | ||||||
26 | may be received from the sale of
properties in excess of the |
| |||||||
| |||||||
1 | delinquent taxes, together with all publication
and other | ||||||
2 | costs associated with the sale,
shall, upon petition of any | ||||||
3 | interested party to the court that issued the tax
deed, be | ||||||
4 | distributed by the County Collector pursuant to order of the | ||||||
5 | court
among the persons having legal or equitable interests in | ||||||
6 | the property according
to the fair value of their interests in | ||||||
7 | the tract or lot. Section 21-415 does
not apply to properties | ||||||
8 | sold under this Section.
Appeals may be taken from the orders | ||||||
9 | and judgments entered under this Section
as in other civil | ||||||
10 | cases. The remedy herein provided is in addition to other
| ||||||
11 | remedies for the collection of delinquent taxes. | ||||||
12 | (i) The changes to this Section made by Public Act 95-477 | ||||||
13 | this amendatory Act of
the 95th General Assembly apply only to | ||||||
14 | matters in which a
petition for tax deed is filed on or after | ||||||
15 | June 1, 2008 ( the effective date
of Public Act 95-477) this | ||||||
16 | amendatory Act of the 95th General Assembly .
| ||||||
17 | (Source: P.A. 102-519, eff. 8-20-21; 102-528, eff. 1-1-22; | ||||||
18 | revised 10-18-21.)
| ||||||
19 | (35 ILCS 200/22-10)
| ||||||
20 | Sec. 22-10. Notice of expiration of period of redemption. | ||||||
21 | A purchaser or assignee shall not be entitled to a tax deed to | ||||||
22 | the
property sold unless, not less than 3 months nor more than | ||||||
23 | 6 months prior to
the expiration of the period of redemption, | ||||||
24 | he or she gives notice of the
sale and the date of expiration | ||||||
25 | of the period of redemption to the
owners, occupants, and |
| |||||||
| |||||||
1 | parties interested in the property, including any
mortgagee of | ||||||
2 | record, as provided below. The clerk must mail notice in | ||||||
3 | accordance with the provisions of subsection (e) of Section | ||||||
4 | 21-260.
| ||||||
5 | The Notice to be given to the parties shall be in at least | ||||||
6 | 10 point
type in the following form completely filled in:
| ||||||
7 | TAX DEED NO. .................... FILED ....................
| ||||||
8 | TAKE NOTICE
| ||||||
9 | County of ...............................................
| ||||||
10 | Date Premises Sold ......................................
| ||||||
11 | Certificate No. ........................................
| ||||||
12 | Sold for General Taxes of (year) ........................
| ||||||
13 | Sold for Special Assessment of (Municipality)
| ||||||
14 | and special assessment number ...........................
| ||||||
15 | Warrant No. ................ Inst. No. .................
| ||||||
16 | THIS PROPERTY HAS BEEN SOLD FOR
| ||||||
17 | DELINQUENT TAXES
| ||||||
18 | Property located at .........................................
| ||||||
19 | Legal Description or Property Index No. .....................
| ||||||
20 | .............................................................
| ||||||
21 | .............................................................
| ||||||
22 | This notice is to advise you that the above property has
| ||||||
23 | been sold for delinquent taxes and that the period of
| ||||||
24 | redemption from the sale will expire on .....................
| ||||||
25 | .............................................................
| ||||||
26 | The amount to redeem is subject to increase at 6 month |
| |||||||
| |||||||
1 | intervals from
the date of sale and may be further increased if | ||||||
2 | the purchaser at the tax
sale or his or her assignee pays any | ||||||
3 | subsequently accruing taxes or special
assessments to redeem | ||||||
4 | the property from subsequent forfeitures or tax sales.
Check | ||||||
5 | with the county clerk as to the exact amount you owe before | ||||||
6 | redeeming.
| ||||||
7 | This notice is also to advise you that a petition has been | ||||||
8 | filed for
a tax deed which will transfer title and the right to | ||||||
9 | possession of this
property if redemption is not made on or | ||||||
10 | before ......................................................
| ||||||
11 | This matter is set for hearing in the Circuit Court of this | ||||||
12 | county in
...., Illinois on .....
| ||||||
13 | You may be present at this hearing but your right to redeem | ||||||
14 | will
already have expired at that time.
| ||||||
15 | YOU ARE URGED TO REDEEM IMMEDIATELY
| ||||||
16 | TO PREVENT LOSS OF PROPERTY
| ||||||
17 | Redemption can be made at any time on or before .... by | ||||||
18 | applying to
the County Clerk of ...., County, Illinois at the | ||||||
19 | Office of the County Clerk in
...., Illinois.
| ||||||
20 | For further information contact the County Clerk
| ||||||
21 | ADDRESS:....................
| ||||||
22 | TELEPHONE:..................
| ||||||
23 | ..........................
| ||||||
24 | Purchaser or Assignee.
| ||||||
25 | Dated (insert date).
|
| |||||||
| |||||||
1 | In counties with 3,000,000 or more inhabitants, the notice | ||||||
2 | shall also state
the address, room number and time at which the | ||||||
3 | matter is set for hearing.
| ||||||
4 | The changes to this Section made by Public Act 97-557 this | ||||||
5 | amendatory Act of the 97th General Assembly apply only to | ||||||
6 | matters in which a petition for tax deed is filed on or after | ||||||
7 | July 1, 2012 ( the effective date of Public Act 97-557) this | ||||||
8 | amendatory Act of the 97th General Assembly .
| ||||||
9 | (Source: P.A. 102-528, eff. 1-1-22; revised 12-7-21.)
| ||||||
10 | Section 265. The Illinois Pension Code is amended by | ||||||
11 | changing Sections 1-160, 7-109, 7-141, 14-103.42, 14-110, | ||||||
12 | 16-158, and 16-203 as follows:
| ||||||
13 | (40 ILCS 5/1-160)
| ||||||
14 | Sec. 1-160. Provisions applicable to new hires. | ||||||
15 | (a) The provisions of this Section apply to a person who, | ||||||
16 | on or after January 1, 2011, first becomes a member or a | ||||||
17 | participant under any reciprocal retirement system or pension | ||||||
18 | fund established under this Code, other than a retirement | ||||||
19 | system or pension fund established under Article 2, 3, 4, 5, 6, | ||||||
20 | 7, 15, or 18 of this Code, notwithstanding any other provision | ||||||
21 | of this Code to the contrary, but do not apply to any | ||||||
22 | self-managed plan established under this Code or to any | ||||||
23 | participant of the retirement plan established under Section |
| |||||||
| |||||||
1 | 22-101; except that this Section applies to a person who | ||||||
2 | elected to establish alternative credits by electing in | ||||||
3 | writing after January 1, 2011, but before August 8, 2011, | ||||||
4 | under Section 7-145.1 of this Code. Notwithstanding anything | ||||||
5 | to the contrary in this Section, for purposes of this Section, | ||||||
6 | a person who is a Tier 1 regular employee as defined in Section | ||||||
7 | 7-109.4 of this Code or who participated in a retirement | ||||||
8 | system under Article 15 prior to January 1, 2011 shall be | ||||||
9 | deemed a person who first became a member or participant prior | ||||||
10 | to January 1, 2011 under any retirement system or pension fund | ||||||
11 | subject to this Section. The changes made to this Section by | ||||||
12 | Public Act 98-596 are a clarification of existing law and are | ||||||
13 | intended to be retroactive to January 1, 2011 (the effective | ||||||
14 | date of Public Act 96-889), notwithstanding the provisions of | ||||||
15 | Section 1-103.1 of this Code. | ||||||
16 | This Section does not apply to a person who first becomes a | ||||||
17 | noncovered employee under Article 14 on or after the | ||||||
18 | implementation date of the plan created under Section 1-161 | ||||||
19 | for that Article, unless that person elects under subsection | ||||||
20 | (b) of Section 1-161 to instead receive the benefits provided | ||||||
21 | under this Section and the applicable provisions of that | ||||||
22 | Article. | ||||||
23 | This Section does not apply to a person who first becomes a | ||||||
24 | member or participant under Article 16 on or after the | ||||||
25 | implementation date of the plan created under Section 1-161 | ||||||
26 | for that Article, unless that person elects under subsection |
| |||||||
| |||||||
1 | (b) of Section 1-161 to instead receive the benefits provided | ||||||
2 | under this Section and the applicable provisions of that | ||||||
3 | Article. | ||||||
4 | This Section does not apply to a person who elects under | ||||||
5 | subsection (c-5) of Section 1-161 to receive the benefits | ||||||
6 | under Section 1-161. | ||||||
7 | This Section does not apply to a person who first becomes a | ||||||
8 | member or participant of an affected pension fund on or after 6 | ||||||
9 | months after the resolution or ordinance date, as defined in | ||||||
10 | Section 1-162, unless that person elects under subsection (c) | ||||||
11 | of Section 1-162 to receive the benefits provided under this | ||||||
12 | Section and the applicable provisions of the Article under | ||||||
13 | which he or she is a member or participant. | ||||||
14 | (b) "Final average salary" means, except as otherwise | ||||||
15 | provided in this subsection, the average monthly (or annual) | ||||||
16 | salary obtained by dividing the total salary or earnings | ||||||
17 | calculated under the Article applicable to the member or | ||||||
18 | participant during the 96 consecutive months (or 8 consecutive | ||||||
19 | years) of service within the last 120 months (or 10 years) of | ||||||
20 | service in which the total salary or earnings calculated under | ||||||
21 | the applicable Article was the highest by the number of months | ||||||
22 | (or years) of service in that period. For the purposes of a | ||||||
23 | person who first becomes a member or participant of any | ||||||
24 | retirement system or pension fund to which this Section | ||||||
25 | applies on or after January 1, 2011, in this Code, "final | ||||||
26 | average salary" shall be substituted for the following: |
| |||||||
| |||||||
1 | (1) (Blank). | ||||||
2 | (2) In Articles 8, 9, 10, 11, and 12, "highest average | ||||||
3 | annual salary for any 4 consecutive years within the last | ||||||
4 | 10 years of service immediately preceding the date of | ||||||
5 | withdrawal". | ||||||
6 | (3) In Article 13, "average final salary". | ||||||
7 | (4) In Article 14, "final average compensation". | ||||||
8 | (5) In Article 17, "average salary". | ||||||
9 | (6) In Section 22-207, "wages or salary received by | ||||||
10 | him at the date of retirement or discharge". | ||||||
11 | A member of the Teachers' Retirement System of the State | ||||||
12 | of Illinois who retires on or after June 1, 2021 and for whom | ||||||
13 | the 2020-2021 school year is used in the calculation of the | ||||||
14 | member's final average salary shall use the higher of the | ||||||
15 | following for the purpose of determining the member's final | ||||||
16 | average salary: | ||||||
17 | (A) the amount otherwise calculated under the first | ||||||
18 | paragraph of this subsection; or | ||||||
19 | (B) an amount calculated by the Teachers' Retirement | ||||||
20 | System of the State of Illinois using the average of the | ||||||
21 | monthly (or annual) salary obtained by dividing the total | ||||||
22 | salary or earnings calculated under Article 16 applicable | ||||||
23 | to the member or participant during the 96 months (or 8 | ||||||
24 | years) of service within the last 120 months (or 10 years) | ||||||
25 | of service in which the total salary or earnings | ||||||
26 | calculated under the Article was the highest by the number |
| |||||||
| |||||||
1 | of months (or years) of service in that period. | ||||||
2 | (b-5) Beginning on January 1, 2011, for all purposes under | ||||||
3 | this Code (including without limitation the calculation of | ||||||
4 | benefits and employee contributions), the annual earnings, | ||||||
5 | salary, or wages (based on the plan year) of a member or | ||||||
6 | participant to whom this Section applies shall not exceed | ||||||
7 | $106,800; however, that amount shall annually thereafter be | ||||||
8 | increased by the lesser of (i) 3% of that amount, including all | ||||||
9 | previous adjustments, or (ii) one-half the annual unadjusted | ||||||
10 | percentage increase (but not less than zero) in the consumer | ||||||
11 | price index-u
for the 12 months ending with the September | ||||||
12 | preceding each November 1, including all previous adjustments. | ||||||
13 | For the purposes of this Section, "consumer price index-u" | ||||||
14 | means
the index published by the Bureau of Labor Statistics of | ||||||
15 | the United States
Department of Labor that measures the | ||||||
16 | average change in prices of goods and
services purchased by | ||||||
17 | all urban consumers, United States city average, all
items, | ||||||
18 | 1982-84 = 100. The new amount resulting from each annual | ||||||
19 | adjustment
shall be determined by the Public Pension Division | ||||||
20 | of the Department of Insurance and made available to the | ||||||
21 | boards of the retirement systems and pension funds by November | ||||||
22 | 1 of each year. | ||||||
23 | (c) A member or participant is entitled to a retirement
| ||||||
24 | annuity upon written application if he or she has attained age | ||||||
25 | 67 (age 65, with respect to service under Article 12 that is | ||||||
26 | subject to this Section, for a member or participant under |
| |||||||
| |||||||
1 | Article 12 who first becomes a member or participant under | ||||||
2 | Article 12 on or after January 1, 2022 or who makes the | ||||||
3 | election under item (i) of subsection (d-15) of this Section) | ||||||
4 | and has at least 10 years of service credit and is otherwise | ||||||
5 | eligible under the requirements of the applicable Article. | ||||||
6 | A member or participant who has attained age 62 (age 60, | ||||||
7 | with respect to service under Article 12 that is subject to | ||||||
8 | this Section, for a member or participant under Article 12 who | ||||||
9 | first becomes a member or participant under Article 12 on or | ||||||
10 | after January 1, 2022 or who makes the election under item (i) | ||||||
11 | of subsection (d-15) of this Section) and has at least 10 years | ||||||
12 | of service credit and is otherwise eligible under the | ||||||
13 | requirements of the applicable Article may elect to receive | ||||||
14 | the lower retirement annuity provided
in subsection (d) of | ||||||
15 | this Section. | ||||||
16 | (c-5) A person who first becomes a member or a participant | ||||||
17 | subject to this Section on or after July 6, 2017 (the effective | ||||||
18 | date of Public Act 100-23), notwithstanding any other | ||||||
19 | provision of this Code to the contrary, is entitled to a | ||||||
20 | retirement annuity under Article 8 or Article 11 upon written | ||||||
21 | application if he or she has attained age 65 and has at least | ||||||
22 | 10 years of service credit and is otherwise eligible under the | ||||||
23 | requirements of Article 8 or Article 11 of this Code, | ||||||
24 | whichever is applicable. | ||||||
25 | (d) The retirement annuity of a member or participant who | ||||||
26 | is retiring after attaining age 62 (age 60, with respect to |
| |||||||
| |||||||
1 | service under Article 12 that is subject to this Section, for a | ||||||
2 | member or participant under Article 12 who first becomes a | ||||||
3 | member or participant under Article 12 on or after January 1, | ||||||
4 | 2022 or who makes the election under item (i) of subsection | ||||||
5 | (d-15) of this Section) with at least 10 years of service | ||||||
6 | credit shall be reduced by one-half
of 1% for each full month | ||||||
7 | that the member's age is under age 67 (age 65, with respect to | ||||||
8 | service under Article 12 that is subject to this Section, for a | ||||||
9 | member or participant under Article 12 who first becomes a | ||||||
10 | member or participant under Article 12 on or after January 1, | ||||||
11 | 2022 or who makes the election under item (i) of subsection | ||||||
12 | (d-15) of this Section). | ||||||
13 | (d-5) The retirement annuity payable under Article 8 or | ||||||
14 | Article 11 to an eligible person subject to subsection (c-5) | ||||||
15 | of this Section who is retiring at age 60 with at least 10 | ||||||
16 | years of service credit shall be reduced by one-half of 1% for | ||||||
17 | each full month that the member's age is under age 65. | ||||||
18 | (d-10) Each person who first became a member or | ||||||
19 | participant under Article 8 or Article 11 of this Code on or | ||||||
20 | after January 1, 2011 and prior to July 6, 2017 ( the effective | ||||||
21 | date of Public Act 100-23) this amendatory Act of the 100th | ||||||
22 | General Assembly shall make an irrevocable election either: | ||||||
23 | (i) to be eligible for the reduced retirement age | ||||||
24 | provided in subsections (c-5)
and (d-5) of this Section, | ||||||
25 | the eligibility for which is conditioned upon the member | ||||||
26 | or participant agreeing to the increases in employee |
| |||||||
| |||||||
1 | contributions for age and service annuities provided in | ||||||
2 | subsection (a-5) of Section 8-174 of this Code (for | ||||||
3 | service under Article 8) or subsection (a-5) of Section | ||||||
4 | 11-170 of this Code (for service under Article 11); or | ||||||
5 | (ii) to not agree to item (i) of this subsection | ||||||
6 | (d-10), in which case the member or participant shall | ||||||
7 | continue to be subject to the retirement age provisions in | ||||||
8 | subsections (c) and (d) of this Section and the employee | ||||||
9 | contributions for age and service annuity as provided in | ||||||
10 | subsection (a) of Section 8-174 of this Code (for service | ||||||
11 | under Article 8) or subsection (a) of Section 11-170 of | ||||||
12 | this Code (for service under Article 11). | ||||||
13 | The election provided for in this subsection shall be made | ||||||
14 | between October 1, 2017 and November 15, 2017. A person | ||||||
15 | subject to this subsection who makes the required election | ||||||
16 | shall remain bound by that election. A person subject to this | ||||||
17 | subsection who fails for any reason to make the required | ||||||
18 | election within the time specified in this subsection shall be | ||||||
19 | deemed to have made the election under item (ii). | ||||||
20 | (d-15) Each person who first becomes a member or | ||||||
21 | participant under Article 12 on or after January 1, 2011 and | ||||||
22 | prior to January 1, 2022 shall make an irrevocable election | ||||||
23 | either: | ||||||
24 | (i) to be eligible for the reduced retirement age | ||||||
25 | specified in subsections (c) and (d) of this Section, the | ||||||
26 | eligibility for which is conditioned upon the member or |
| |||||||
| |||||||
1 | participant agreeing to the increase in employee | ||||||
2 | contributions for service annuities specified in | ||||||
3 | subsection (b) of Section 12-150; or | ||||||
4 | (ii) to not agree to item (i) of this subsection | ||||||
5 | (d-15), in which case the member or participant shall not | ||||||
6 | be eligible for the reduced retirement age specified in | ||||||
7 | subsections (c) and (d) of this Section and shall not be | ||||||
8 | subject to the increase in employee contributions for | ||||||
9 | service annuities specified in subsection (b) of Section | ||||||
10 | 12-150. | ||||||
11 | The election provided for in this subsection shall be made | ||||||
12 | between January 1, 2022 and April 1, 2022. A person subject to | ||||||
13 | this subsection who makes the required election shall remain | ||||||
14 | bound by that election. A person subject to this subsection | ||||||
15 | who fails for any reason to make the required election within | ||||||
16 | the time specified in this subsection shall be deemed to have | ||||||
17 | made the election under item (ii). | ||||||
18 | (e) Any retirement annuity or supplemental annuity shall | ||||||
19 | be subject to annual increases on the January 1 occurring | ||||||
20 | either on or after the attainment of age 67 (age 65, with | ||||||
21 | respect to service under Article 12 that is subject to this | ||||||
22 | Section, for a member or participant under Article 12 who | ||||||
23 | first becomes a member or participant under Article 12 on or | ||||||
24 | after January 1, 2022 or who makes the election under item (i) | ||||||
25 | of subsection (d-15); and beginning on July 6, 2017 ( the | ||||||
26 | effective date of Public Act 100-23) this amendatory Act of |
| |||||||
| |||||||
1 | the 100th General Assembly , age 65 with respect to service | ||||||
2 | under Article 8 or Article 11 for eligible persons who: (i) are | ||||||
3 | subject to subsection (c-5) of this Section; or (ii) made the | ||||||
4 | election under item (i) of subsection (d-10) of this Section) | ||||||
5 | or the first anniversary of the annuity start date, whichever | ||||||
6 | is later. Each annual increase shall be calculated at 3% or | ||||||
7 | one-half the annual unadjusted percentage increase (but not | ||||||
8 | less than zero) in the consumer price index-u for the 12 months | ||||||
9 | ending with the September preceding each November 1, whichever | ||||||
10 | is less, of the originally granted retirement annuity. If the | ||||||
11 | annual unadjusted percentage change in the consumer price | ||||||
12 | index-u for the 12 months ending with the September preceding | ||||||
13 | each November 1 is zero or there is a decrease, then the | ||||||
14 | annuity shall not be increased. | ||||||
15 | For the purposes of Section 1-103.1 of this Code, the | ||||||
16 | changes made to this Section by Public Act 102-263 this | ||||||
17 | amendatory Act of the 102nd General Assembly are applicable | ||||||
18 | without regard to whether the employee was in active service | ||||||
19 | on or after August 6, 2021 ( the effective date of Public Act | ||||||
20 | 102-263) this amendatory Act of the 102nd General Assembly . | ||||||
21 | For the purposes of Section 1-103.1 of this Code, the | ||||||
22 | changes made to this Section by Public Act 100-23 this | ||||||
23 | amendatory Act of the 100th General Assembly are applicable | ||||||
24 | without regard to whether the employee was in active service | ||||||
25 | on or after July 6, 2017 ( the effective date of Public Act | ||||||
26 | 100-23) this amendatory Act of the 100th General Assembly . |
| |||||||
| |||||||
1 | (f) The initial survivor's or widow's annuity of an | ||||||
2 | otherwise eligible survivor or widow of a retired member or | ||||||
3 | participant who first became a member or participant on or | ||||||
4 | after January 1, 2011 shall be in the amount of 66 2/3% of the | ||||||
5 | retired member's or participant's retirement annuity at the | ||||||
6 | date of death. In the case of the death of a member or | ||||||
7 | participant who has not retired and who first became a member | ||||||
8 | or participant on or after January 1, 2011, eligibility for a | ||||||
9 | survivor's or widow's annuity shall be determined by the | ||||||
10 | applicable Article of this Code. The initial benefit shall be | ||||||
11 | 66 2/3% of the earned annuity without a reduction due to age. A | ||||||
12 | child's annuity of an otherwise eligible child shall be in the | ||||||
13 | amount prescribed under each Article if applicable. Any | ||||||
14 | survivor's or widow's annuity shall be increased (1) on each | ||||||
15 | January 1 occurring on or after the commencement of the | ||||||
16 | annuity if
the deceased member died while receiving a | ||||||
17 | retirement annuity or (2) in
other cases, on each January 1 | ||||||
18 | occurring after the first anniversary
of the commencement of | ||||||
19 | the annuity. Each annual increase shall be calculated at 3% or | ||||||
20 | one-half the annual unadjusted percentage increase (but not | ||||||
21 | less than zero) in the consumer price index-u for the 12 months | ||||||
22 | ending with the September preceding each November 1, whichever | ||||||
23 | is less, of the originally granted survivor's annuity. If the | ||||||
24 | annual unadjusted percentage change in the consumer price | ||||||
25 | index-u for the 12 months ending with the September preceding | ||||||
26 | each November 1 is zero or there is a decrease, then the |
| |||||||
| |||||||
1 | annuity shall not be increased. | ||||||
2 | (g) The benefits in Section 14-110 apply only if the | ||||||
3 | person is a State policeman, a fire fighter in the fire | ||||||
4 | protection service of a department, a conservation police | ||||||
5 | officer, an investigator for the Secretary of State, an arson | ||||||
6 | investigator, a Commerce Commission police officer, | ||||||
7 | investigator for the Department of Revenue or the
Illinois | ||||||
8 | Gaming Board, a security employee of the Department of | ||||||
9 | Corrections or the Department of Juvenile Justice, or a | ||||||
10 | security employee of the Department of Innovation and | ||||||
11 | Technology, as those terms are defined in subsection (b) and | ||||||
12 | subsection (c) of Section 14-110. A person who meets the | ||||||
13 | requirements of this Section is entitled to an annuity | ||||||
14 | calculated under the provisions of Section 14-110, in lieu of | ||||||
15 | the regular or minimum retirement annuity, only if the person | ||||||
16 | has withdrawn from service with not less than 20
years of | ||||||
17 | eligible creditable service and has attained age 60, | ||||||
18 | regardless of whether
the attainment of age 60 occurs while | ||||||
19 | the person is
still in service. | ||||||
20 | (h) If a person who first becomes a member or a participant | ||||||
21 | of a retirement system or pension fund subject to this Section | ||||||
22 | on or after January 1, 2011 is receiving a retirement annuity | ||||||
23 | or retirement pension under that system or fund and becomes a | ||||||
24 | member or participant under any other system or fund created | ||||||
25 | by this Code and is employed on a full-time basis, except for | ||||||
26 | those members or participants exempted from the provisions of |
| |||||||
| |||||||
1 | this Section under subsection (a) of this Section, then the | ||||||
2 | person's retirement annuity or retirement pension under that | ||||||
3 | system or fund shall be suspended during that employment. Upon | ||||||
4 | termination of that employment, the person's retirement | ||||||
5 | annuity or retirement pension payments shall resume and be | ||||||
6 | recalculated if recalculation is provided for under the | ||||||
7 | applicable Article of this Code. | ||||||
8 | If a person who first becomes a member of a retirement | ||||||
9 | system or pension fund subject to this Section on or after | ||||||
10 | January 1, 2012 and is receiving a retirement annuity or | ||||||
11 | retirement pension under that system or fund and accepts on a | ||||||
12 | contractual basis a position to provide services to a | ||||||
13 | governmental entity from which he or she has retired, then | ||||||
14 | that person's annuity or retirement pension earned as an | ||||||
15 | active employee of the employer shall be suspended during that | ||||||
16 | contractual service. A person receiving an annuity or | ||||||
17 | retirement pension under this Code shall notify the pension | ||||||
18 | fund or retirement system from which he or she is receiving an | ||||||
19 | annuity or retirement pension, as well as his or her | ||||||
20 | contractual employer, of his or her retirement status before | ||||||
21 | accepting contractual employment. A person who fails to submit | ||||||
22 | such notification shall be guilty of a Class A misdemeanor and | ||||||
23 | required to pay a fine of $1,000. Upon termination of that | ||||||
24 | contractual employment, the person's retirement annuity or | ||||||
25 | retirement pension payments shall resume and, if appropriate, | ||||||
26 | be recalculated under the applicable provisions of this Code. |
| |||||||
| |||||||
1 | (i) (Blank). | ||||||
2 | (j) In the case of a conflict between the provisions of | ||||||
3 | this Section and any other provision of this Code, the | ||||||
4 | provisions of this Section shall control.
| ||||||
5 | (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21; | ||||||
6 | 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; revised 9-28-21.)
| ||||||
7 | (40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)
| ||||||
8 | Sec. 7-109. Employee.
| ||||||
9 | (1) "Employee" means any person who:
| ||||||
10 | (a) 1. Receives earnings as payment for the | ||||||
11 | performance of personal
services or official duties out of | ||||||
12 | the general fund of a municipality,
or out of any special | ||||||
13 | fund or funds controlled by a municipality, or by
an | ||||||
14 | instrumentality thereof, or a participating | ||||||
15 | instrumentality, including,
in counties, the fees or | ||||||
16 | earnings of any county fee office; and
| ||||||
17 | 2. Under the usual common law rules applicable in | ||||||
18 | determining the
employer-employee relationship, has the | ||||||
19 | status of an employee with a
municipality, or any | ||||||
20 | instrumentality thereof, or a participating
| ||||||
21 | instrumentality, including alderpersons, county | ||||||
22 | supervisors and other
persons (excepting those employed as | ||||||
23 | independent contractors) who are
paid compensation, fees, | ||||||
24 | allowances or other emolument for official
duties, and, in | ||||||
25 | counties, the several county fee offices.
|
| |||||||
| |||||||
1 | (b) Serves as a township treasurer appointed under the | ||||||
2 | School
Code, as heretofore or hereafter amended, and
who | ||||||
3 | receives for such services regular compensation as | ||||||
4 | distinguished
from per diem compensation, and any regular | ||||||
5 | employee in the office of
any township treasurer whether | ||||||
6 | or not his earnings are paid from the
income of the | ||||||
7 | permanent township fund or from funds subject to
| ||||||
8 | distribution to the several school districts and parts of | ||||||
9 | school
districts as provided in the School Code, or from | ||||||
10 | both such sources; or is the chief executive officer, | ||||||
11 | chief educational officer, chief fiscal officer, or other | ||||||
12 | employee of a Financial Oversight Panel established | ||||||
13 | pursuant to Article 1H of the School Code, other than a | ||||||
14 | superintendent or certified school business official, | ||||||
15 | except that such person shall not be treated as an | ||||||
16 | employee under this Section if that person has negotiated | ||||||
17 | with the Financial Oversight Panel, in conjunction with | ||||||
18 | the school district, a contractual agreement for exclusion | ||||||
19 | from this Section.
| ||||||
20 | (c) Holds an elective office in a municipality, | ||||||
21 | instrumentality
thereof or participating instrumentality.
| ||||||
22 | (2) "Employee" does not include persons who:
| ||||||
23 | (a) Are eligible for inclusion under any of the | ||||||
24 | following laws:
| ||||||
25 | 1. "An Act in relation to an Illinois State | ||||||
26 | Teachers' Pension and
Retirement Fund", approved May |
| |||||||
| |||||||
1 | 27, 1915, as amended;
| ||||||
2 | 2. Articles 15 and 16 of this Code.
| ||||||
3 | However, such persons shall be included as employees | ||||||
4 | to the extent of
earnings that are not eligible for | ||||||
5 | inclusion under the foregoing laws
for services not of an | ||||||
6 | instructional nature of any kind.
| ||||||
7 | However, any member of the armed forces who is | ||||||
8 | employed as a teacher
of subjects in the Reserve Officers | ||||||
9 | Training Corps of any school and who
is not certified | ||||||
10 | under the law governing the certification of teachers
| ||||||
11 | shall be included as an employee.
| ||||||
12 | (b) Are designated by the governing body of a | ||||||
13 | municipality in which a
pension fund is required by law to | ||||||
14 | be established for policemen or
firemen, respectively, as | ||||||
15 | performing police or fire protection duties,
except that | ||||||
16 | when such persons are the heads of the police or fire
| ||||||
17 | department and are not eligible to be included within any | ||||||
18 | such pension
fund, they shall be included within this | ||||||
19 | Article; provided, that such
persons shall not be excluded | ||||||
20 | to the extent of concurrent service and
earnings not | ||||||
21 | designated as being for police or fire protection duties.
| ||||||
22 | However, (i) any head of a police department who was a | ||||||
23 | participant under this
Article immediately before October | ||||||
24 | 1, 1977 and did not elect, under Section
3-109 of this Act, | ||||||
25 | to participate in a police pension fund shall be an
| ||||||
26 | "employee", and (ii) any chief of police who became a |
| |||||||
| |||||||
1 | participating employee under this Article before January | ||||||
2 | 1, 2019 and who elects to participate in this
Fund under | ||||||
3 | Section 3-109.1 of this Code, regardless of whether such | ||||||
4 | person
continues to be employed as chief of police or is | ||||||
5 | employed in some other
rank or capacity within the police | ||||||
6 | department, shall be an employee under
this Article for so | ||||||
7 | long as such person is employed to perform police
duties | ||||||
8 | by a participating municipality and has not lawfully | ||||||
9 | rescinded that
election. | ||||||
10 | (b-5) Were not participating employees under this | ||||||
11 | Article before August 26, 2018 ( the effective date of | ||||||
12 | Public Act 100-1097) this amendatory Act of the 100th | ||||||
13 | General Assembly and participated as a chief of police in | ||||||
14 | a fund under Article 3 and return to work in any capacity | ||||||
15 | with the police department, with any oversight of the | ||||||
16 | police department, or in an advisory capacity for the | ||||||
17 | police department with the same municipality with which | ||||||
18 | that pension was earned, regardless of whether they are | ||||||
19 | considered an employee of the police department or are | ||||||
20 | eligible for inclusion in the municipality's Article 3 | ||||||
21 | fund. | ||||||
22 | (c) Are contributors to or eligible to contribute to a | ||||||
23 | Taft-Hartley pension plan to which the participating | ||||||
24 | municipality is required to contribute as the person's | ||||||
25 | employer based on earnings from the municipality. Nothing | ||||||
26 | in this paragraph shall affect service credit or |
| |||||||
| |||||||
1 | creditable service for any period of service prior to July | ||||||
2 | 16, 2014 ( the effective date of Public Act 98-712) this | ||||||
3 | amendatory Act of the 98th General Assembly , and this | ||||||
4 | paragraph shall not apply to individuals who are | ||||||
5 | participating in the Fund prior to July 16, 2014 ( the | ||||||
6 | effective date of Public Act 98-712) this amendatory Act | ||||||
7 | of the 98th General Assembly .
| ||||||
8 | (d) Become an employee of any of the following | ||||||
9 | participating instrumentalities on or after January 1, | ||||||
10 | 2017 ( the effective date of Public Act 99-830) this | ||||||
11 | amendatory Act of the 99th General Assembly : the Illinois | ||||||
12 | Municipal League; the Illinois Association of Park | ||||||
13 | Districts; the Illinois Supervisors, County Commissioners | ||||||
14 | and Superintendents of Highways Association; an | ||||||
15 | association, or not-for-profit corporation, membership in | ||||||
16 | which is authorized under Section 85-15 of the Township | ||||||
17 | Code; the United Counties Council; or the Will County | ||||||
18 | Governmental League. | ||||||
19 | (e) Are members of the Board of Trustees of the | ||||||
20 | Firefighters' Pension Investment Fund, as created under | ||||||
21 | Article 22C of this Code, in their capacity as members of | ||||||
22 | the Board of Trustees of the Firefighters' Pension | ||||||
23 | Investment Fund. | ||||||
24 | (f) Are members of the Board of Trustees of the Police | ||||||
25 | Officers' Pension Investment Fund, as created under | ||||||
26 | Article 22B of this Code, in their capacity as members of |
| |||||||
| |||||||
1 | the Board of Trustees of the Police Officers' Pension | ||||||
2 | Investment Fund. | ||||||
3 | (3) All persons, including, without limitation, public | ||||||
4 | defenders and
probation officers, who receive earnings from | ||||||
5 | general or special funds
of a county for performance of | ||||||
6 | personal services or official duties
within the territorial | ||||||
7 | limits of the county, are employees of the county
(unless | ||||||
8 | excluded by subsection (2) of this Section) notwithstanding | ||||||
9 | that
they may be appointed by and are subject to the direction | ||||||
10 | of a person or
persons other than a county board or a county | ||||||
11 | officer. It is hereby
established that an employer-employee | ||||||
12 | relationship under the usual
common law rules exists between | ||||||
13 | such employees and the county paying
their salaries by reason | ||||||
14 | of the fact that the county boards fix their
rates of | ||||||
15 | compensation, appropriate funds for payment of their earnings
| ||||||
16 | and otherwise exercise control over them. This finding and | ||||||
17 | this
amendatory Act shall apply to all such employees from the | ||||||
18 | date of
appointment whether such date is prior to or after the | ||||||
19 | effective date of
this amendatory Act and is intended to | ||||||
20 | clarify existing law pertaining
to their status as | ||||||
21 | participating employees in the Fund.
| ||||||
22 | (Source: P.A. 102-15, eff. 6-17-21; 102-637, eff. 8-27-21; | ||||||
23 | revised 10-5-21.)
| ||||||
24 | (40 ILCS 5/7-141) (from Ch. 108 1/2, par. 7-141)
| ||||||
25 | Sec. 7-141. Retirement annuities; conditions. Retirement |
| |||||||
| |||||||
1 | annuities shall be payable as hereinafter set forth:
| ||||||
2 | (a) A participating employee who, regardless of cause, is | ||||||
3 | separated
from the service of all participating municipalities | ||||||
4 | and
instrumentalities thereof and participating | ||||||
5 | instrumentalities shall be
entitled to a retirement annuity | ||||||
6 | provided:
| ||||||
7 | 1. He is at least age 55 if he is a Tier 1 regular | ||||||
8 | employee, he is age 62 if he is a Tier 2 regular employee, | ||||||
9 | or, in the case of a person who is eligible
to have his | ||||||
10 | annuity calculated under Section 7-142.1, he is at least | ||||||
11 | age 50;
| ||||||
12 | 2. He is not entitled to receive earnings for | ||||||
13 | employment in a position requiring him, or entitling him | ||||||
14 | to elect, to be a participating employee;
| ||||||
15 | 3. The amount of his annuity, before the application | ||||||
16 | of paragraph (b) of
Section 7-142 is at least $10 per | ||||||
17 | month;
| ||||||
18 | 4. If he first became a participating employee after | ||||||
19 | December 31,
1961 and is a Tier 1 regular employee, he has | ||||||
20 | at least 8 years of service, or, if he is a Tier 2 regular | ||||||
21 | member, he has at least 10 years of service. This service | ||||||
22 | requirement shall not
apply to any participating employee, | ||||||
23 | regardless of participation date, if the
General Assembly | ||||||
24 | terminates the Fund.
| ||||||
25 | (b) Retirement annuities shall be payable:
| ||||||
26 | 1. As provided in Section 7-119;
|
| |||||||
| |||||||
1 | 2. Except as provided in item 3, upon receipt by the | ||||||
2 | fund of a written
application. The effective date may be | ||||||
3 | not more than one
year prior to the date of the receipt by | ||||||
4 | the fund of the application;
| ||||||
5 | 3. Upon attainment of the required age of distribution | ||||||
6 | under Section 401(a)(9) of the Internal Revenue Code of | ||||||
7 | 1986, as amended, if the member (i) is no longer in
| ||||||
8 | service,
and (ii) is otherwise entitled to an annuity | ||||||
9 | under this Article;
| ||||||
10 | 4. To the beneficiary of the deceased annuitant for | ||||||
11 | the unpaid amount
accrued to date of death, if any.
| ||||||
12 | (Source: P.A. 102-210, Article 5, Section 5-5, eff. 7-30-21; | ||||||
13 | 102-210, Article 10, Section 10-5, eff. 1-1-22; revised | ||||||
14 | 9-28-21.)
| ||||||
15 | (40 ILCS 5/14-103.42) | ||||||
16 | Sec. 14-103.42. Licensed health care professional. | ||||||
17 | "Licensed health care professional": Any individual who has | ||||||
18 | obtained a license through the Department of Financial and | ||||||
19 | Professional Regulation under the Medical Practice Act of | ||||||
20 | 1987, under the Physician Assistant Practice Act of 1987, or | ||||||
21 | under the Clinical Psychologist Licensing Act or an advanced | ||||||
22 | practice registered nurse licensed under the Nurse Practice | ||||||
23 | Act.
| ||||||
24 | (Source: P.A. 101-54, eff. 7-12-19; revised 1-9-22.)
|
| |||||||
| |||||||
1 | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| ||||||
2 | Sec. 14-110. Alternative retirement annuity.
| ||||||
3 | (a) Any member who has withdrawn from service with not | ||||||
4 | less than 20
years of eligible creditable service and has | ||||||
5 | attained age 55, and any
member who has withdrawn from service | ||||||
6 | with not less than 25 years of
eligible creditable service and | ||||||
7 | has attained age 50, regardless of whether
the attainment of | ||||||
8 | either of the specified ages occurs while the member is
still | ||||||
9 | in service, shall be entitled to receive at the option of the | ||||||
10 | member,
in lieu of the regular or minimum retirement annuity, | ||||||
11 | a retirement annuity
computed as follows:
| ||||||
12 | (i) for periods of service as a noncovered employee:
| ||||||
13 | if retirement occurs on or after January 1, 2001, 3% of | ||||||
14 | final
average compensation for each year of creditable | ||||||
15 | service; if retirement occurs
before January 1, 2001, 2 | ||||||
16 | 1/4% of final average compensation for each of the
first | ||||||
17 | 10 years of creditable service, 2 1/2% for each year above | ||||||
18 | 10 years to
and including 20 years of creditable service, | ||||||
19 | and 2 3/4% for each year of
creditable service above 20 | ||||||
20 | years; and
| ||||||
21 | (ii) for periods of eligible creditable service as a | ||||||
22 | covered employee:
if retirement occurs on or after January | ||||||
23 | 1, 2001, 2.5% of final average
compensation for each year | ||||||
24 | of creditable service; if retirement occurs before
January | ||||||
25 | 1, 2001, 1.67% of final average compensation for each of | ||||||
26 | the first
10 years of such service, 1.90% for each of the |
| |||||||
| |||||||
1 | next 10 years of such service,
2.10% for each year of such | ||||||
2 | service in excess of 20 but not exceeding 30, and
2.30% for | ||||||
3 | each year in excess of 30.
| ||||||
4 | Such annuity shall be subject to a maximum of 75% of final | ||||||
5 | average
compensation if retirement occurs before January 1, | ||||||
6 | 2001 or to a maximum
of 80% of final average compensation if | ||||||
7 | retirement occurs on or after January
1, 2001.
| ||||||
8 | These rates shall not be applicable to any service | ||||||
9 | performed
by a member as a covered employee which is not | ||||||
10 | eligible creditable service.
Service as a covered employee | ||||||
11 | which is not eligible creditable service
shall be subject to | ||||||
12 | the rates and provisions of Section 14-108.
| ||||||
13 | (b) For the purpose of this Section, "eligible creditable | ||||||
14 | service" means
creditable service resulting from service in | ||||||
15 | one or more of the following
positions:
| ||||||
16 | (1) State policeman;
| ||||||
17 | (2) fire fighter in the fire protection service of a | ||||||
18 | department;
| ||||||
19 | (3) air pilot;
| ||||||
20 | (4) special agent;
| ||||||
21 | (5) investigator for the Secretary of State;
| ||||||
22 | (6) conservation police officer;
| ||||||
23 | (7) investigator for the Department of Revenue or the | ||||||
24 | Illinois Gaming Board;
| ||||||
25 | (8) security employee of the Department of Human | ||||||
26 | Services;
|
| |||||||
| |||||||
1 | (9) Central Management Services security police | ||||||
2 | officer;
| ||||||
3 | (10) security employee of the Department of | ||||||
4 | Corrections or the Department of Juvenile Justice;
| ||||||
5 | (11) dangerous drugs investigator;
| ||||||
6 | (12) investigator for the Illinois State Police;
| ||||||
7 | (13) investigator for the Office of the Attorney | ||||||
8 | General;
| ||||||
9 | (14) controlled substance inspector;
| ||||||
10 | (15) investigator for the Office of the State's | ||||||
11 | Attorneys Appellate
Prosecutor;
| ||||||
12 | (16) Commerce Commission police officer;
| ||||||
13 | (17) arson investigator;
| ||||||
14 | (18) State highway maintenance worker;
| ||||||
15 | (19) security employee of the Department of Innovation | ||||||
16 | and Technology; or | ||||||
17 | (20) transferred employee. | ||||||
18 | A person employed in one of the positions specified in | ||||||
19 | this subsection is
entitled to eligible creditable service for | ||||||
20 | service credit earned under this
Article while undergoing the | ||||||
21 | basic police training course approved by the
Illinois Law | ||||||
22 | Enforcement Training
Standards Board, if
completion of that | ||||||
23 | training is required of persons serving in that position.
For | ||||||
24 | the purposes of this Code, service during the required basic | ||||||
25 | police
training course shall be deemed performance of the | ||||||
26 | duties of the specified
position, even though the person is |
| |||||||
| |||||||
1 | not a sworn peace officer at the time of
the training.
| ||||||
2 | A person under paragraph (20) is entitled to eligible | ||||||
3 | creditable service for service credit earned under this | ||||||
4 | Article on and after his or her transfer by Executive Order No. | ||||||
5 | 2003-10, Executive Order No. 2004-2, or Executive Order No. | ||||||
6 | 2016-1. | ||||||
7 | (c) For the purposes of this Section:
| ||||||
8 | (1) The term "State policeman" includes any title or | ||||||
9 | position
in the Illinois State Police that is held by an | ||||||
10 | individual employed
under the Illinois State Police Act.
| ||||||
11 | (2) The term "fire fighter in the fire protection | ||||||
12 | service of a
department" includes all officers in such | ||||||
13 | fire protection service
including fire chiefs and | ||||||
14 | assistant fire chiefs.
| ||||||
15 | (3) The term "air pilot" includes any employee whose | ||||||
16 | official job
description on file in the Department of | ||||||
17 | Central Management Services, or
in the department by which | ||||||
18 | he is employed if that department is not covered
by the | ||||||
19 | Personnel Code, states that his principal duty is the | ||||||
20 | operation of
aircraft, and who possesses a pilot's | ||||||
21 | license; however, the change in this
definition made by | ||||||
22 | Public Act 83-842 this amendatory Act of 1983 shall not | ||||||
23 | operate to exclude
any noncovered employee who was an "air | ||||||
24 | pilot" for the purposes of this
Section on January 1, | ||||||
25 | 1984.
| ||||||
26 | (4) The term "special agent" means any person who by |
| |||||||
| |||||||
1 | reason of
employment by the Division of Narcotic Control, | ||||||
2 | the Bureau of Investigation
or, after July 1, 1977, the | ||||||
3 | Division of Criminal Investigation, the
Division of | ||||||
4 | Internal Investigation, the Division of Operations, the | ||||||
5 | Division of Patrol Operations, or any
other Division or | ||||||
6 | organizational
entity in the Illinois State Police is | ||||||
7 | vested by law with duties to
maintain public order, | ||||||
8 | investigate violations of the criminal law of this
State, | ||||||
9 | enforce the laws of this State, make arrests and recover | ||||||
10 | property.
The term "special agent" includes any title or | ||||||
11 | position in the Illinois State Police that is held by an | ||||||
12 | individual employed under the Illinois State
Police Act.
| ||||||
13 | (5) The term "investigator for the Secretary of State" | ||||||
14 | means any person
employed by the Office of the Secretary | ||||||
15 | of State and vested with such
investigative duties as | ||||||
16 | render him ineligible for coverage under the Social
| ||||||
17 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
18 | 218(d)(8)(D) and 218(l)(1)
of that Act.
| ||||||
19 | A person who became employed as an investigator for | ||||||
20 | the Secretary of
State between January 1, 1967 and | ||||||
21 | December 31, 1975, and who has served as
such until | ||||||
22 | attainment of age 60, either continuously or with a single | ||||||
23 | break
in service of not more than 3 years duration, which | ||||||
24 | break terminated before
January 1, 1976, shall be entitled | ||||||
25 | to have his retirement annuity
calculated in accordance | ||||||
26 | with subsection (a), notwithstanding
that he has less than |
| |||||||
| |||||||
1 | 20 years of credit for such service.
| ||||||
2 | (6) The term "Conservation Police Officer" means any | ||||||
3 | person employed
by the Division of Law Enforcement of the | ||||||
4 | Department of Natural Resources and
vested with such law | ||||||
5 | enforcement duties as render him ineligible for coverage
| ||||||
6 | under the Social Security Act by reason of Sections | ||||||
7 | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | ||||||
8 | term "Conservation Police Officer" includes
the positions | ||||||
9 | of Chief Conservation Police Administrator and Assistant
| ||||||
10 | Conservation Police Administrator.
| ||||||
11 | (7) The term "investigator for the Department of | ||||||
12 | Revenue" means any
person employed by the Department of | ||||||
13 | Revenue and vested with such
investigative duties as | ||||||
14 | render him ineligible for coverage under the Social
| ||||||
15 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
16 | 218(d)(8)(D) and 218(l)(1)
of that Act.
| ||||||
17 | The term "investigator for the Illinois Gaming Board" | ||||||
18 | means any
person employed as such by the Illinois Gaming | ||||||
19 | Board and vested with such
peace officer duties as render | ||||||
20 | the person ineligible for coverage under the Social
| ||||||
21 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
22 | 218(d)(8)(D), and 218(l)(1)
of that Act.
| ||||||
23 | (8) The term "security employee of the Department of | ||||||
24 | Human Services"
means any person employed by the | ||||||
25 | Department of Human Services who (i) is
employed at the | ||||||
26 | Chester Mental Health Center and has daily contact with |
| |||||||
| |||||||
1 | the
residents thereof, (ii) is employed within a security | ||||||
2 | unit at a facility
operated by the Department and has | ||||||
3 | daily contact with the residents of the
security unit, | ||||||
4 | (iii) is employed at a facility operated by the Department
| ||||||
5 | that includes a security unit and is regularly scheduled | ||||||
6 | to work at least
50% of his or her working hours within | ||||||
7 | that security unit, or (iv) is a mental health police | ||||||
8 | officer.
"Mental health police officer" means any person | ||||||
9 | employed by the Department of
Human Services in a position | ||||||
10 | pertaining to the Department's mental health and
| ||||||
11 | developmental disabilities functions who is vested with | ||||||
12 | such law enforcement
duties as render the person | ||||||
13 | ineligible for coverage under the Social Security
Act by | ||||||
14 | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
15 | 218(l)(1) of that
Act. "Security unit" means that portion | ||||||
16 | of a facility that is devoted to
the care, containment, | ||||||
17 | and treatment of persons committed to the Department of
| ||||||
18 | Human Services as sexually violent persons, persons unfit | ||||||
19 | to stand trial, or
persons not guilty by reason of | ||||||
20 | insanity. With respect to past employment,
references to | ||||||
21 | the Department of Human Services include its predecessor, | ||||||
22 | the
Department of Mental Health and Developmental | ||||||
23 | Disabilities.
| ||||||
24 | The changes made to this subdivision (c)(8) by Public | ||||||
25 | Act 92-14 apply to persons who retire on or after January | ||||||
26 | 1,
2001, notwithstanding Section 1-103.1.
|
| |||||||
| |||||||
1 | (9) "Central Management Services security police | ||||||
2 | officer" means any
person employed by the Department of | ||||||
3 | Central Management Services who is
vested with such law | ||||||
4 | enforcement duties as render him ineligible for
coverage | ||||||
5 | under the Social Security Act by reason of Sections | ||||||
6 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| ||||||
7 | (10) For a member who first became an employee under | ||||||
8 | this Article before July 1, 2005, the term "security | ||||||
9 | employee of the Department of Corrections or the | ||||||
10 | Department of Juvenile Justice"
means any employee of the | ||||||
11 | Department of Corrections or the Department of Juvenile | ||||||
12 | Justice or the former
Department of Personnel, and any | ||||||
13 | member or employee of the Prisoner
Review Board, who has | ||||||
14 | daily contact with inmates or youth by working within a
| ||||||
15 | correctional facility or Juvenile facility operated by the | ||||||
16 | Department of Juvenile Justice or who is a parole officer | ||||||
17 | or an employee who has
direct contact with committed | ||||||
18 | persons in the performance of his or her
job duties. For a | ||||||
19 | member who first becomes an employee under this Article on | ||||||
20 | or after July 1, 2005, the term means an employee of the | ||||||
21 | Department of Corrections or the Department of Juvenile | ||||||
22 | Justice who is any of the following: (i) officially | ||||||
23 | headquartered at a correctional facility or Juvenile | ||||||
24 | facility operated by the Department of Juvenile Justice, | ||||||
25 | (ii) a parole officer, (iii) a member of the apprehension | ||||||
26 | unit, (iv) a member of the intelligence unit, (v) a member |
| |||||||
| |||||||
1 | of the sort team, or (vi) an investigator.
| ||||||
2 | (11) The term "dangerous drugs investigator" means any | ||||||
3 | person who is
employed as such by the Department of Human | ||||||
4 | Services.
| ||||||
5 | (12) The term "investigator for the Illinois State | ||||||
6 | Police" means
a person employed by the Illinois State | ||||||
7 | Police who is vested under
Section 4 of the Narcotic | ||||||
8 | Control Division Abolition Act with such
law enforcement | ||||||
9 | powers as render him ineligible for coverage under the
| ||||||
10 | Social Security Act by reason of Sections 218(d)(5)(A), | ||||||
11 | 218(d)(8)(D) and
218(l)(1) of that Act.
| ||||||
12 | (13) "Investigator for the Office of the Attorney | ||||||
13 | General" means any
person who is employed as such by the | ||||||
14 | Office of the Attorney General and
is vested with such | ||||||
15 | investigative duties as render him ineligible for
coverage | ||||||
16 | under the Social Security Act by reason of Sections | ||||||
17 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | ||||||
18 | the period before January 1,
1989, the term includes all | ||||||
19 | persons who were employed as investigators by the
Office | ||||||
20 | of the Attorney General, without regard to social security | ||||||
21 | status.
| ||||||
22 | (14) "Controlled substance inspector" means any person | ||||||
23 | who is employed
as such by the Department of Professional | ||||||
24 | Regulation and is vested with such
law enforcement duties | ||||||
25 | as render him ineligible for coverage under the Social
| ||||||
26 | Security Act by reason of Sections 218(d)(5)(A), |
| |||||||
| |||||||
1 | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | ||||||
2 | "controlled substance inspector" includes the Program
| ||||||
3 | Executive of Enforcement and the Assistant Program | ||||||
4 | Executive of Enforcement.
| ||||||
5 | (15) The term "investigator for the Office of the | ||||||
6 | State's Attorneys
Appellate Prosecutor" means a person | ||||||
7 | employed in that capacity on a full-time full
time basis | ||||||
8 | under the authority of Section 7.06 of the State's | ||||||
9 | Attorneys
Appellate Prosecutor's Act.
| ||||||
10 | (16) "Commerce Commission police officer" means any | ||||||
11 | person employed
by the Illinois Commerce Commission who is | ||||||
12 | vested with such law
enforcement duties as render him | ||||||
13 | ineligible for coverage under the Social
Security Act by | ||||||
14 | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| ||||||
15 | 218(l)(1) of that Act.
| ||||||
16 | (17) "Arson investigator" means any person who is | ||||||
17 | employed as such by
the Office of the State Fire Marshal | ||||||
18 | and is vested with such law enforcement
duties as render | ||||||
19 | the person ineligible for coverage under the Social | ||||||
20 | Security
Act by reason of Sections 218(d)(5)(A), | ||||||
21 | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | ||||||
22 | employed as an arson
investigator on January 1, 1995 and | ||||||
23 | is no longer in service but not yet
receiving a retirement | ||||||
24 | annuity may convert his or her creditable service for
| ||||||
25 | employment as an arson investigator into eligible | ||||||
26 | creditable service by paying
to the System the difference |
| |||||||
| |||||||
1 | between the employee contributions actually paid
for that | ||||||
2 | service and the amounts that would have been contributed | ||||||
3 | if the
applicant were contributing at the rate applicable | ||||||
4 | to persons with the same
social security status earning | ||||||
5 | eligible creditable service on the date of
application.
| ||||||
6 | (18) The term "State highway maintenance worker" means | ||||||
7 | a person who is
either of the following:
| ||||||
8 | (i) A person employed on a full-time basis by the | ||||||
9 | Illinois
Department of Transportation in the position | ||||||
10 | of
highway maintainer,
highway maintenance lead | ||||||
11 | worker,
highway maintenance lead/lead worker,
heavy | ||||||
12 | construction equipment operator,
power shovel | ||||||
13 | operator, or
bridge mechanic; and
whose principal | ||||||
14 | responsibility is to perform, on the roadway, the | ||||||
15 | actual
maintenance necessary to keep the highways that | ||||||
16 | form a part of the State
highway system in serviceable | ||||||
17 | condition for vehicular traffic.
| ||||||
18 | (ii) A person employed on a full-time basis by the | ||||||
19 | Illinois
State Toll Highway Authority in the position | ||||||
20 | of
equipment operator/laborer H-4,
equipment | ||||||
21 | operator/laborer H-6,
welder H-4,
welder H-6,
| ||||||
22 | mechanical/electrical H-4,
mechanical/electrical H-6,
| ||||||
23 | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | ||||||
24 | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| ||||||
25 | roadway lighting H-6,
structural H-4,
structural H-6,
| ||||||
26 | painter H-4, or
painter H-6; and
whose principal |
| |||||||
| |||||||
1 | responsibility is to perform, on the roadway, the | ||||||
2 | actual
maintenance necessary to keep the Authority's | ||||||
3 | tollways in serviceable condition
for vehicular | ||||||
4 | traffic.
| ||||||
5 | (19) The term "security employee of the Department of | ||||||
6 | Innovation and Technology" means a person who was a | ||||||
7 | security employee of the Department of Corrections or the | ||||||
8 | Department of Juvenile Justice, was transferred to the | ||||||
9 | Department of Innovation and Technology pursuant to | ||||||
10 | Executive Order 2016-01, and continues to perform similar | ||||||
11 | job functions under that Department. | ||||||
12 | (20) "Transferred employee" means an employee who was | ||||||
13 | transferred to the Department of Central Management | ||||||
14 | Services by Executive Order No. 2003-10 or Executive Order | ||||||
15 | No. 2004-2 or transferred to the Department of Innovation | ||||||
16 | and Technology by Executive Order No. 2016-1, or both, and | ||||||
17 | was entitled to eligible creditable service for services | ||||||
18 | immediately preceding the transfer. | ||||||
19 | (d) A security employee of the Department of Corrections | ||||||
20 | or the Department of Juvenile Justice, a security
employee of | ||||||
21 | the Department of Human Services who is not a mental health | ||||||
22 | police
officer, and a security employee of the Department of | ||||||
23 | Innovation and Technology shall not be eligible for the | ||||||
24 | alternative retirement annuity provided
by this Section unless | ||||||
25 | he or she meets the following minimum age and service
| ||||||
26 | requirements at the time of retirement:
|
| |||||||
| |||||||
1 | (i) 25 years of eligible creditable service and age | ||||||
2 | 55; or
| ||||||
3 | (ii) beginning January 1, 1987, 25 years of eligible | ||||||
4 | creditable service
and age 54, or 24 years of eligible | ||||||
5 | creditable service and age 55; or
| ||||||
6 | (iii) beginning January 1, 1988, 25 years of eligible | ||||||
7 | creditable service
and age 53, or 23 years of eligible | ||||||
8 | creditable service and age 55; or
| ||||||
9 | (iv) beginning January 1, 1989, 25 years of eligible | ||||||
10 | creditable service
and age 52, or 22 years of eligible | ||||||
11 | creditable service and age 55; or
| ||||||
12 | (v) beginning January 1, 1990, 25 years of eligible | ||||||
13 | creditable service
and age 51, or 21 years of eligible | ||||||
14 | creditable service and age 55; or
| ||||||
15 | (vi) beginning January 1, 1991, 25 years of eligible | ||||||
16 | creditable service
and age 50, or 20 years of eligible | ||||||
17 | creditable service and age 55.
| ||||||
18 | Persons who have service credit under Article 16 of this | ||||||
19 | Code for service
as a security employee of the Department of | ||||||
20 | Corrections or the Department of Juvenile Justice, or the | ||||||
21 | Department
of Human Services in a position requiring | ||||||
22 | certification as a teacher may
count such service toward | ||||||
23 | establishing their eligibility under the service
requirements | ||||||
24 | of this Section; but such service may be used only for
| ||||||
25 | establishing such eligibility, and not for the purpose of | ||||||
26 | increasing or
calculating any benefit.
|
| |||||||
| |||||||
1 | (e) If a member enters military service while working in a | ||||||
2 | position in
which eligible creditable service may be earned, | ||||||
3 | and returns to State
service in the same or another such | ||||||
4 | position, and fulfills in all other
respects the conditions | ||||||
5 | prescribed in this Article for credit for military
service, | ||||||
6 | such military service shall be credited as eligible creditable
| ||||||
7 | service for the purposes of the retirement annuity prescribed | ||||||
8 | in this Section.
| ||||||
9 | (f) For purposes of calculating retirement annuities under | ||||||
10 | this
Section, periods of service rendered after December 31, | ||||||
11 | 1968 and before
October 1, 1975 as a covered employee in the | ||||||
12 | position of special agent,
conservation police officer, mental | ||||||
13 | health police officer, or investigator
for the Secretary of | ||||||
14 | State, shall be deemed to have been service as a
noncovered | ||||||
15 | employee, provided that the employee pays to the System prior | ||||||
16 | to
retirement an amount equal to (1) the difference between | ||||||
17 | the employee
contributions that would have been required for | ||||||
18 | such service as a
noncovered employee, and the amount of | ||||||
19 | employee contributions actually
paid, plus (2) if payment is | ||||||
20 | made after July 31, 1987, regular interest
on the amount | ||||||
21 | specified in item (1) from the date of service to the date
of | ||||||
22 | payment.
| ||||||
23 | For purposes of calculating retirement annuities under | ||||||
24 | this Section,
periods of service rendered after December 31, | ||||||
25 | 1968 and before January 1,
1982 as a covered employee in the | ||||||
26 | position of investigator for the
Department of Revenue shall |
| |||||||
| |||||||
1 | be deemed to have been service as a noncovered
employee, | ||||||
2 | provided that the employee pays to the System prior to | ||||||
3 | retirement
an amount equal to (1) the difference between the | ||||||
4 | employee contributions
that would have been required for such | ||||||
5 | service as a noncovered employee,
and the amount of employee | ||||||
6 | contributions actually paid, plus (2) if payment
is made after | ||||||
7 | January 1, 1990, regular interest on the amount specified in
| ||||||
8 | item (1) from the date of service to the date of payment.
| ||||||
9 | (g) A State policeman may elect, not later than January 1, | ||||||
10 | 1990, to
establish eligible creditable service for up to 10 | ||||||
11 | years of his service as
a policeman under Article 3, by filing | ||||||
12 | a written election with the Board,
accompanied by payment of | ||||||
13 | an amount to be determined by the Board, equal to
(i) the | ||||||
14 | difference between the amount of employee and employer
| ||||||
15 | contributions transferred to the System under Section 3-110.5, | ||||||
16 | and the
amounts that would have been contributed had such | ||||||
17 | contributions been made
at the rates applicable to State | ||||||
18 | policemen, plus (ii) interest thereon at
the effective rate | ||||||
19 | for each year, compounded annually, from the date of
service | ||||||
20 | to the date of payment.
| ||||||
21 | Subject to the limitation in subsection (i), a State | ||||||
22 | policeman may elect,
not later than July 1, 1993, to establish | ||||||
23 | eligible creditable service for
up to 10 years of his service | ||||||
24 | as a member of the County Police Department
under Article 9, by | ||||||
25 | filing a written election with the Board, accompanied
by | ||||||
26 | payment of an amount to be determined by the Board, equal to |
| |||||||
| |||||||
1 | (i) the
difference between the amount of employee and employer | ||||||
2 | contributions
transferred to the System under Section 9-121.10 | ||||||
3 | and the amounts that would
have been contributed had those | ||||||
4 | contributions been made at the rates
applicable to State | ||||||
5 | policemen, plus (ii) interest thereon at the effective
rate | ||||||
6 | for each year, compounded annually, from the date of service | ||||||
7 | to the
date of payment.
| ||||||
8 | (h) Subject to the limitation in subsection (i), a State | ||||||
9 | policeman or
investigator for the Secretary of State may elect | ||||||
10 | to establish eligible
creditable service for up to 12 years of | ||||||
11 | his service as a policeman under
Article 5, by filing a written | ||||||
12 | election with the Board on or before January
31, 1992, and | ||||||
13 | paying to the System by January 31, 1994 an amount to be
| ||||||
14 | determined by the Board, equal to (i) the difference between | ||||||
15 | the amount of
employee and employer contributions transferred | ||||||
16 | to the System under Section
5-236, and the amounts that would | ||||||
17 | have been contributed had such
contributions been made at the | ||||||
18 | rates applicable to State policemen, plus
(ii) interest | ||||||
19 | thereon at the effective rate for each year, compounded
| ||||||
20 | annually, from the date of service to the date of payment.
| ||||||
21 | Subject to the limitation in subsection (i), a State | ||||||
22 | policeman,
conservation police officer, or investigator for | ||||||
23 | the Secretary of State may
elect to establish eligible | ||||||
24 | creditable service for up to 10 years of
service as a sheriff's | ||||||
25 | law enforcement employee under Article 7, by filing
a written | ||||||
26 | election with the Board on or before January 31, 1993, and |
| |||||||
| |||||||
1 | paying
to the System by January 31, 1994 an amount to be | ||||||
2 | determined by the Board,
equal to (i) the difference between | ||||||
3 | the amount of employee and
employer contributions transferred | ||||||
4 | to the System under Section
7-139.7, and the amounts that | ||||||
5 | would have been contributed had such
contributions been made | ||||||
6 | at the rates applicable to State policemen, plus
(ii) interest | ||||||
7 | thereon at the effective rate for each year, compounded
| ||||||
8 | annually, from the date of service to the date of payment.
| ||||||
9 | Subject to the limitation in subsection (i), a State | ||||||
10 | policeman,
conservation police officer, or investigator for | ||||||
11 | the Secretary of State may
elect to establish eligible | ||||||
12 | creditable service for up to 5 years of
service as a police | ||||||
13 | officer under Article 3, a policeman under Article 5, a | ||||||
14 | sheriff's law enforcement employee under Article 7, a member | ||||||
15 | of the county police department under Article 9, or a police | ||||||
16 | officer under Article 15 by filing
a written election with the | ||||||
17 | Board and paying
to the System an amount to be determined by | ||||||
18 | the Board,
equal to (i) the difference between the amount of | ||||||
19 | employee and
employer contributions transferred to the System | ||||||
20 | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | ||||||
21 | and the amounts that would have been contributed had such
| ||||||
22 | contributions been made at the rates applicable to State | ||||||
23 | policemen, plus
(ii) interest thereon at the effective rate | ||||||
24 | for each year, compounded
annually, from the date of service | ||||||
25 | to the date of payment. | ||||||
26 | Subject to the limitation in subsection (i), an |
| |||||||
| |||||||
1 | investigator for the Office of the Attorney General, or an | ||||||
2 | investigator for the Department of Revenue, may elect to | ||||||
3 | establish eligible creditable service for up to 5 years of | ||||||
4 | service as a police officer under Article 3, a policeman under | ||||||
5 | Article 5, a sheriff's law enforcement employee under Article | ||||||
6 | 7, or a member of the county police department under Article 9 | ||||||
7 | by filing a written election with the Board within 6 months | ||||||
8 | after August 25, 2009 (the effective date of Public Act | ||||||
9 | 96-745) and paying to the System an amount to be determined by | ||||||
10 | the Board, equal to (i) the difference between the amount of | ||||||
11 | employee and employer contributions transferred to the System | ||||||
12 | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | ||||||
13 | amounts that would have been contributed had such | ||||||
14 | contributions been made at the rates applicable to State | ||||||
15 | policemen, plus (ii) interest thereon at the actuarially | ||||||
16 | assumed rate for each year, compounded annually, from the date | ||||||
17 | of service to the date of payment. | ||||||
18 | Subject to the limitation in subsection (i), a State | ||||||
19 | policeman, conservation police officer, investigator for the | ||||||
20 | Office of the Attorney General, an investigator for the | ||||||
21 | Department of Revenue, or investigator for the Secretary of | ||||||
22 | State may elect to establish eligible creditable service for | ||||||
23 | up to 5 years of service as a person employed by a | ||||||
24 | participating municipality to perform police duties, or law | ||||||
25 | enforcement officer employed on a full-time basis by a forest | ||||||
26 | preserve district under Article 7, a county corrections |
| |||||||
| |||||||
1 | officer, or a court services officer under Article 9, by | ||||||
2 | filing a written election with the Board within 6 months after | ||||||
3 | August 25, 2009 (the effective date of Public Act 96-745) and | ||||||
4 | paying to the System an amount to be determined by the Board, | ||||||
5 | equal to (i) the difference between the amount of employee and | ||||||
6 | employer contributions transferred to the System under | ||||||
7 | Sections 7-139.8 and 9-121.10 and the amounts that would have | ||||||
8 | been contributed had such contributions been made at the rates | ||||||
9 | applicable to State policemen, plus (ii) interest thereon at | ||||||
10 | the actuarially assumed rate for each year, compounded | ||||||
11 | annually, from the date of service to the date of payment. | ||||||
12 | Subject to the limitation in subsection (i), a State | ||||||
13 | policeman, arson
investigator, or Commerce Commission police | ||||||
14 | officer may elect to establish eligible creditable service for | ||||||
15 | up to 5 years of service as a person employed by a | ||||||
16 | participating municipality to perform police duties under | ||||||
17 | Article 7, a county corrections officer, a court services | ||||||
18 | officer under Article 9, or a firefighter
under Article 4 by | ||||||
19 | filing a written election with the Board within 6 months after | ||||||
20 | July 30, 2021 ( the effective date of Public Act 102-210) this | ||||||
21 | amendatory Act of the 102nd General Assembly and paying to the | ||||||
22 | System an amount to be determined by the Board equal to (i) the | ||||||
23 | difference between the amount of employee and employer | ||||||
24 | contributions transferred to the System under Sections | ||||||
25 | 4-108.8, 7-139.8, and 9-121.10 and the amounts that would have | ||||||
26 | been contributed had such contributions been made at the rates |
| |||||||
| |||||||
1 | applicable to State policemen, plus (ii) interest thereon at | ||||||
2 | the actuarially assumed rate for each year, compounded | ||||||
3 | annually, from the date of service to the date of payment. | ||||||
4 | Subject to the limitation in subsection (i), a | ||||||
5 | conservation police officer may elect to establish eligible | ||||||
6 | creditable service for up to 5 years of service as a person | ||||||
7 | employed by a participating municipality to perform police | ||||||
8 | duties under Article 7, a county corrections officer, or a | ||||||
9 | court services officer under Article 9 by filing a written | ||||||
10 | election with the Board within 6 months after July 30, 2021 | ||||||
11 | ( the effective date of Public Act 102-210) this amendatory Act | ||||||
12 | of the 102nd General Assembly and paying to the System an | ||||||
13 | amount to be determined by the Board equal to (i) the | ||||||
14 | difference between the amount of employee and employer | ||||||
15 | contributions transferred to the System under Sections 7-139.8 | ||||||
16 | and 9-121.10 and the amounts that would have been contributed | ||||||
17 | had such contributions been made at the rates applicable to | ||||||
18 | State policemen, plus (ii) interest thereon at the actuarially | ||||||
19 | assumed rate for each year, compounded annually, from the date | ||||||
20 | of service to the date of payment. | ||||||
21 | Notwithstanding the limitation in subsection (i), a State | ||||||
22 | policeman or conservation police officer may elect to convert | ||||||
23 | service credit earned under this Article to eligible | ||||||
24 | creditable service, as defined by this Section, by filing a | ||||||
25 | written election with the board within 6 months after July 30, | ||||||
26 | 2021 ( the effective date of Public Act 102-210) this |
| |||||||
| |||||||
1 | amendatory Act of the 102nd General Assembly and paying to the | ||||||
2 | System an amount to be determined by the Board equal to (i) the | ||||||
3 | difference between the amount of employee contributions | ||||||
4 | originally paid for that service and the amounts that would | ||||||
5 | have been contributed had such contributions been made at the | ||||||
6 | rates applicable to State policemen, plus (ii) the difference | ||||||
7 | between the employer's normal cost of the credit prior to the | ||||||
8 | conversion authorized by Public Act 102-210 this amendatory | ||||||
9 | Act of the 102nd General Assembly and the employer's normal | ||||||
10 | cost of the credit converted in accordance with Public Act | ||||||
11 | 102-210 this amendatory Act of the 102nd General Assembly , | ||||||
12 | plus (iii) interest thereon at the actuarially assumed rate | ||||||
13 | for each year, compounded annually, from the date of service | ||||||
14 | to the date of payment. | ||||||
15 | (i) The total amount of eligible creditable service | ||||||
16 | established by any
person under subsections (g), (h), (j), | ||||||
17 | (k), (l), (l-5), and (o) of this
Section shall not exceed 12 | ||||||
18 | years.
| ||||||
19 | (j) Subject to the limitation in subsection (i), an | ||||||
20 | investigator for
the Office of the State's Attorneys Appellate | ||||||
21 | Prosecutor or a controlled
substance inspector may elect to
| ||||||
22 | establish eligible creditable service for up to 10 years of | ||||||
23 | his service as
a policeman under Article 3 or a sheriff's law | ||||||
24 | enforcement employee under
Article 7, by filing a written | ||||||
25 | election with the Board, accompanied by
payment of an amount | ||||||
26 | to be determined by the Board, equal to (1) the
difference |
| |||||||
| |||||||
1 | between the amount of employee and employer contributions
| ||||||
2 | transferred to the System under Section 3-110.6 or 7-139.8, | ||||||
3 | and the amounts
that would have been contributed had such | ||||||
4 | contributions been made at the
rates applicable to State | ||||||
5 | policemen, plus (2) interest thereon at the
effective rate for | ||||||
6 | each year, compounded annually, from the date of service
to | ||||||
7 | the date of payment.
| ||||||
8 | (k) Subject to the limitation in subsection (i) of this | ||||||
9 | Section, an
alternative formula employee may elect to | ||||||
10 | establish eligible creditable
service for periods spent as a | ||||||
11 | full-time law enforcement officer or full-time
corrections | ||||||
12 | officer employed by the federal government or by a state or | ||||||
13 | local
government located outside of Illinois, for which credit | ||||||
14 | is not held in any
other public employee pension fund or | ||||||
15 | retirement system. To obtain this
credit, the applicant must | ||||||
16 | file a written application with the Board by March
31, 1998, | ||||||
17 | accompanied by evidence of eligibility acceptable to the Board | ||||||
18 | and
payment of an amount to be determined by the Board, equal | ||||||
19 | to (1) employee
contributions for the credit being | ||||||
20 | established, based upon the applicant's
salary on the first | ||||||
21 | day as an alternative formula employee after the employment
| ||||||
22 | for which credit is being established and the rates then | ||||||
23 | applicable to
alternative formula employees, plus (2) an | ||||||
24 | amount determined by the Board
to be the employer's normal | ||||||
25 | cost of the benefits accrued for the credit being
established, | ||||||
26 | plus (3) regular interest on the amounts in items (1) and (2) |
| |||||||
| |||||||
1 | from
the first day as an alternative formula employee after | ||||||
2 | the employment for which
credit is being established to the | ||||||
3 | date of payment.
| ||||||
4 | (l) Subject to the limitation in subsection (i), a | ||||||
5 | security employee of
the Department of Corrections may elect, | ||||||
6 | not later than July 1, 1998, to
establish eligible creditable | ||||||
7 | service for up to 10 years of his or her service
as a policeman | ||||||
8 | under Article 3, by filing a written election with the Board,
| ||||||
9 | accompanied by payment of an amount to be determined by the | ||||||
10 | Board, equal to
(i) the difference between the amount of | ||||||
11 | employee and employer contributions
transferred to the System | ||||||
12 | under Section 3-110.5, and the amounts that would
have been | ||||||
13 | contributed had such contributions been made at the rates | ||||||
14 | applicable
to security employees of the Department of | ||||||
15 | Corrections, plus (ii) interest
thereon at the effective rate | ||||||
16 | for each year, compounded annually, from the date
of service | ||||||
17 | to the date of payment.
| ||||||
18 | (l-5) Subject to the limitation in subsection (i) of this | ||||||
19 | Section, a State policeman may elect to establish eligible | ||||||
20 | creditable service for up to 5 years of service as a full-time | ||||||
21 | law enforcement officer employed by the federal government or | ||||||
22 | by a state or local government located outside of Illinois for | ||||||
23 | which credit is not held in any other public employee pension | ||||||
24 | fund or retirement system. To obtain this credit, the | ||||||
25 | applicant must file a written application with the Board no | ||||||
26 | later than 3 years after January 1, 2020 ( the effective date of |
| |||||||
| |||||||
1 | Public Act 101-610) this amendatory Act of the 101st General | ||||||
2 | Assembly , accompanied by evidence of eligibility acceptable to | ||||||
3 | the Board and payment of an amount to be determined by the | ||||||
4 | Board, equal to (1) employee contributions for the credit | ||||||
5 | being established, based upon the applicant's salary on the | ||||||
6 | first day as an alternative formula employee after the | ||||||
7 | employment for which credit is being established and the rates | ||||||
8 | then applicable to alternative formula employees, plus (2) an | ||||||
9 | amount determined by the Board to be the employer's normal | ||||||
10 | cost of the benefits accrued for the credit being established, | ||||||
11 | plus (3) regular interest on the amounts in items (1) and (2) | ||||||
12 | from the first day as an alternative formula employee after | ||||||
13 | the employment for which credit is being established to the | ||||||
14 | date of payment. | ||||||
15 | (m) The amendatory changes to this Section made by Public | ||||||
16 | Act 94-696 this amendatory Act of the 94th General Assembly | ||||||
17 | apply only to: (1) security employees of the Department of | ||||||
18 | Juvenile Justice employed by the Department of Corrections | ||||||
19 | before June 1, 2006 ( the effective date of Public Act 94-696) | ||||||
20 | this amendatory Act of the 94th General Assembly and | ||||||
21 | transferred to the Department of Juvenile Justice by Public | ||||||
22 | Act 94-696 this amendatory Act of the 94th General Assembly ; | ||||||
23 | and (2) persons employed by the Department of Juvenile Justice | ||||||
24 | on or after June 1, 2006 ( the effective date of Public Act | ||||||
25 | 94-696) this amendatory Act of the 94th General Assembly who | ||||||
26 | are required by subsection (b) of Section 3-2.5-15 of the |
| |||||||
| |||||||
1 | Unified Code of Corrections to have any bachelor's or advanced | ||||||
2 | degree from an accredited college or university or, in the | ||||||
3 | case of persons who provide vocational training, who are | ||||||
4 | required to have adequate knowledge in the skill for which | ||||||
5 | they are providing the vocational training.
| ||||||
6 | (n) A person employed in a position under subsection (b) | ||||||
7 | of this Section who has purchased service credit under | ||||||
8 | subsection (j) of Section 14-104 or subsection (b) of Section | ||||||
9 | 14-105 in any other capacity under this Article may convert up | ||||||
10 | to 5 years of that service credit into service credit covered | ||||||
11 | under this Section by paying to the Fund an amount equal to (1) | ||||||
12 | the additional employee contribution required under Section | ||||||
13 | 14-133, plus (2) the additional employer contribution required | ||||||
14 | under Section 14-131, plus (3) interest on items (1) and (2) at | ||||||
15 | the actuarially assumed rate from the date of the service to | ||||||
16 | the date of payment. | ||||||
17 | (o) Subject to the limitation in subsection (i), a | ||||||
18 | conservation police officer, investigator for the Secretary of | ||||||
19 | State, Commerce Commission police officer, investigator for | ||||||
20 | the Department of Revenue or the
Illinois Gaming Board, or | ||||||
21 | arson investigator subject to subsection (g) of Section 1-160 | ||||||
22 | may elect to convert up to 8 years of service credit | ||||||
23 | established before January 1, 2020 ( the effective date of | ||||||
24 | Public Act 101-610) this amendatory Act of the 101st General | ||||||
25 | Assembly as a conservation police officer, investigator for | ||||||
26 | the Secretary of State, Commerce Commission police officer, |
| |||||||
| |||||||
1 | investigator for the Department of Revenue or the
Illinois | ||||||
2 | Gaming Board, or arson investigator under this Article into | ||||||
3 | eligible creditable service by filing a written election with | ||||||
4 | the Board no later than one year after January 1, 2020 ( the | ||||||
5 | effective date of Public Act 101-610) this amendatory Act of | ||||||
6 | the 101st General Assembly , accompanied by payment of an | ||||||
7 | amount to be determined by the Board equal to (i) the | ||||||
8 | difference between the amount of the employee contributions | ||||||
9 | actually paid for that service and the amount of the employee | ||||||
10 | contributions that would have been paid had the employee | ||||||
11 | contributions been made as a noncovered employee serving in a | ||||||
12 | position in which eligible creditable service, as defined in | ||||||
13 | this Section, may be earned, plus (ii) interest thereon at the | ||||||
14 | effective rate for each year, compounded annually, from the | ||||||
15 | date of service to the date of payment. | ||||||
16 | (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; | ||||||
17 | 102-538, eff. 8-20-21; revised 10-12-21.)
| ||||||
18 | (40 ILCS 5/16-158)
(from Ch. 108 1/2, par. 16-158)
| ||||||
19 | Sec. 16-158. Contributions by State and other employing | ||||||
20 | units.
| ||||||
21 | (a) The State shall make contributions to the System by | ||||||
22 | means of
appropriations from the Common School Fund and other | ||||||
23 | State funds of amounts
which, together with other employer | ||||||
24 | contributions, employee contributions,
investment income, and | ||||||
25 | other income, will be sufficient to meet the cost of
|
| |||||||
| |||||||
1 | maintaining and administering the System on a 90% funded basis | ||||||
2 | in accordance
with actuarial recommendations.
| ||||||
3 | The Board shall determine the amount of State | ||||||
4 | contributions required for
each fiscal year on the basis of | ||||||
5 | the actuarial tables and other assumptions
adopted by the | ||||||
6 | Board and the recommendations of the actuary, using the | ||||||
7 | formula
in subsection (b-3).
| ||||||
8 | (a-1) Annually, on or before November 15 until November | ||||||
9 | 15, 2011, the Board shall certify to the
Governor the amount of | ||||||
10 | the required State contribution for the coming fiscal
year. | ||||||
11 | The certification under this subsection (a-1) shall include a | ||||||
12 | copy of the actuarial recommendations
upon which it is based | ||||||
13 | and shall specifically identify the System's projected State | ||||||
14 | normal cost for that fiscal year.
| ||||||
15 | On or before May 1, 2004, the Board shall recalculate and | ||||||
16 | recertify to
the Governor the amount of the required State | ||||||
17 | contribution to the System for
State fiscal year 2005, taking | ||||||
18 | into account the amounts appropriated to and
received by the | ||||||
19 | System under subsection (d) of Section 7.2 of the General
| ||||||
20 | Obligation Bond Act.
| ||||||
21 | On or before July 1, 2005, the Board shall recalculate and | ||||||
22 | recertify
to the Governor the amount of the required State
| ||||||
23 | contribution to the System for State fiscal year 2006, taking | ||||||
24 | into account the changes in required State contributions made | ||||||
25 | by Public Act 94-4.
| ||||||
26 | On or before April 1, 2011, the Board shall recalculate |
| |||||||
| |||||||
1 | and recertify to the Governor the amount of the required State | ||||||
2 | contribution to the System for State fiscal year 2011, | ||||||
3 | applying the changes made by Public Act 96-889 to the System's | ||||||
4 | assets and liabilities as of June 30, 2009 as though Public Act | ||||||
5 | 96-889 was approved on that date. | ||||||
6 | (a-5) On or before November 1 of each year, beginning | ||||||
7 | November 1, 2012, the Board shall submit to the State Actuary, | ||||||
8 | the Governor, and the General Assembly a proposed | ||||||
9 | certification of the amount of the required State contribution | ||||||
10 | to the System for the next fiscal year, along with all of the | ||||||
11 | actuarial assumptions, calculations, and data upon which that | ||||||
12 | proposed certification is based. On or before January 1 of | ||||||
13 | each year, beginning January 1, 2013, the State Actuary shall | ||||||
14 | issue a preliminary report concerning the proposed | ||||||
15 | certification and identifying, if necessary, recommended | ||||||
16 | changes in actuarial assumptions that the Board must consider | ||||||
17 | before finalizing its certification of the required State | ||||||
18 | contributions. On or before January 15, 2013 and each January | ||||||
19 | 15 thereafter, the Board shall certify to the Governor and the | ||||||
20 | General Assembly the amount of the required State contribution | ||||||
21 | for the next fiscal year. The Board's certification must note | ||||||
22 | any deviations from the State Actuary's recommended changes, | ||||||
23 | the reason or reasons for not following the State Actuary's | ||||||
24 | recommended changes, and the fiscal impact of not following | ||||||
25 | the State Actuary's recommended changes on the required State | ||||||
26 | contribution. |
| |||||||
| |||||||
1 | (a-10) By November 1, 2017, the Board shall recalculate | ||||||
2 | and recertify to the State Actuary, the Governor, and the | ||||||
3 | General Assembly the amount of the State contribution to the | ||||||
4 | System for State fiscal year 2018, taking into account the | ||||||
5 | changes in required State contributions made by Public Act | ||||||
6 | 100-23. The State Actuary shall review the assumptions and | ||||||
7 | valuations underlying the Board's revised certification and | ||||||
8 | issue a preliminary report concerning the proposed | ||||||
9 | recertification and identifying, if necessary, recommended | ||||||
10 | changes in actuarial assumptions that the Board must consider | ||||||
11 | before finalizing its certification of the required State | ||||||
12 | contributions. The Board's final certification must note any | ||||||
13 | deviations from the State Actuary's recommended changes, the | ||||||
14 | reason or reasons for not following the State Actuary's | ||||||
15 | recommended changes, and the fiscal impact of not following | ||||||
16 | the State Actuary's recommended changes on the required State | ||||||
17 | contribution. | ||||||
18 | (a-15) On or after June 15, 2019, but no later than June | ||||||
19 | 30, 2019, the Board shall recalculate and recertify to the | ||||||
20 | Governor and the General Assembly the amount of the State | ||||||
21 | contribution to the System for State fiscal year 2019, taking | ||||||
22 | into account the changes in required State contributions made | ||||||
23 | by Public Act 100-587. The recalculation shall be made using | ||||||
24 | assumptions adopted by the Board for the original fiscal year | ||||||
25 | 2019 certification. The monthly voucher for the 12th month of | ||||||
26 | fiscal year 2019 shall be paid by the Comptroller after the |
| |||||||
| |||||||
1 | recertification required pursuant to this subsection is | ||||||
2 | submitted to the Governor, Comptroller, and General Assembly. | ||||||
3 | The recertification submitted to the General Assembly shall be | ||||||
4 | filed with the Clerk of the House of Representatives and the | ||||||
5 | Secretary of the Senate in electronic form only, in the manner | ||||||
6 | that the Clerk and the Secretary shall direct. | ||||||
7 | (b) Through State fiscal year 1995, the State | ||||||
8 | contributions shall be
paid to the System in accordance with | ||||||
9 | Section 18-7 of the School Code.
| ||||||
10 | (b-1) Beginning in State fiscal year 1996, on the 15th day | ||||||
11 | of each month,
or as soon thereafter as may be practicable, the | ||||||
12 | Board shall submit vouchers
for payment of State contributions | ||||||
13 | to the System, in a total monthly amount of
one-twelfth of the | ||||||
14 | required annual State contribution certified under
subsection | ||||||
15 | (a-1).
From March 5, 2004 (the
effective date of Public Act | ||||||
16 | 93-665)
through June 30, 2004, the Board shall not submit | ||||||
17 | vouchers for the
remainder of fiscal year 2004 in excess of the | ||||||
18 | fiscal year 2004
certified contribution amount determined | ||||||
19 | under this Section
after taking into consideration the | ||||||
20 | transfer to the System
under subsection (a) of Section 6z-61 | ||||||
21 | of the State Finance Act.
These vouchers shall be paid by the | ||||||
22 | State Comptroller and
Treasurer by warrants drawn on the funds | ||||||
23 | appropriated to the System for that
fiscal year.
| ||||||
24 | If in any month the amount remaining unexpended from all | ||||||
25 | other appropriations
to the System for the applicable fiscal | ||||||
26 | year (including the appropriations to
the System under Section |
| |||||||
| |||||||
1 | 8.12 of the State Finance Act and Section 1 of the
State | ||||||
2 | Pension Funds Continuing Appropriation Act) is less than the | ||||||
3 | amount
lawfully vouchered under this subsection, the | ||||||
4 | difference shall be paid from the
Common School Fund under the | ||||||
5 | continuing appropriation authority provided in
Section 1.1 of | ||||||
6 | the State Pension Funds Continuing Appropriation Act.
| ||||||
7 | (b-2) Allocations from the Common School Fund apportioned | ||||||
8 | to school
districts not coming under this System shall not be | ||||||
9 | diminished or affected by
the provisions of this Article.
| ||||||
10 | (b-3) For State fiscal years 2012 through 2045, the | ||||||
11 | minimum contribution
to the System to be made by the State for | ||||||
12 | each fiscal year shall be an amount
determined by the System to | ||||||
13 | be sufficient to bring the total assets of the
System up to 90% | ||||||
14 | of the total actuarial liabilities of the System by the end of
| ||||||
15 | State fiscal year 2045. In making these determinations, the | ||||||
16 | required State
contribution shall be calculated each year as a | ||||||
17 | level percentage of payroll
over the years remaining to and | ||||||
18 | including fiscal year 2045 and shall be
determined under the | ||||||
19 | projected unit credit actuarial cost method.
| ||||||
20 | For each of State fiscal years 2018, 2019, and 2020, the | ||||||
21 | State shall make an additional contribution to the System | ||||||
22 | equal to 2% of the total payroll of each employee who is deemed | ||||||
23 | to have elected the benefits under Section 1-161 or who has | ||||||
24 | made the election under subsection (c) of Section 1-161. | ||||||
25 | A change in an actuarial or investment assumption that | ||||||
26 | increases or
decreases the required State contribution and |
| |||||||
| |||||||
1 | first
applies in State fiscal year 2018 or thereafter shall be
| ||||||
2 | implemented in equal annual amounts over a 5-year period
| ||||||
3 | beginning in the State fiscal year in which the actuarial
| ||||||
4 | change first applies to the required State contribution. | ||||||
5 | A change in an actuarial or investment assumption that | ||||||
6 | increases or
decreases the required State contribution and | ||||||
7 | first
applied to the State contribution in fiscal year 2014, | ||||||
8 | 2015, 2016, or 2017 shall be
implemented: | ||||||
9 | (i) as already applied in State fiscal years before | ||||||
10 | 2018; and | ||||||
11 | (ii) in the portion of the 5-year period beginning in | ||||||
12 | the State fiscal year in which the actuarial
change first | ||||||
13 | applied that occurs in State fiscal year 2018 or | ||||||
14 | thereafter, by calculating the change in equal annual | ||||||
15 | amounts over that 5-year period and then implementing it | ||||||
16 | at the resulting annual rate in each of the remaining | ||||||
17 | fiscal years in that 5-year period. | ||||||
18 | For State fiscal years 1996 through 2005, the State | ||||||
19 | contribution to the
System, as a percentage of the applicable | ||||||
20 | employee payroll, shall be increased
in equal annual | ||||||
21 | increments so that by State fiscal year 2011, the State is
| ||||||
22 | contributing at the rate required under this Section; except | ||||||
23 | that in the
following specified State fiscal years, the State | ||||||
24 | contribution to the System
shall not be less than the | ||||||
25 | following indicated percentages of the applicable
employee | ||||||
26 | payroll, even if the indicated percentage will produce a State
|
| |||||||
| |||||||
1 | contribution in excess of the amount otherwise required under | ||||||
2 | this subsection
and subsection (a), and notwithstanding any | ||||||
3 | contrary certification made under
subsection (a-1) before May | ||||||
4 | 27, 1998 (the effective date of Public Act 90-582):
10.02% in | ||||||
5 | FY 1999;
10.77% in FY 2000;
11.47% in FY 2001;
12.16% in FY | ||||||
6 | 2002;
12.86% in FY 2003; and
13.56% in FY 2004.
| ||||||
7 | Notwithstanding any other provision of this Article, the | ||||||
8 | total required State
contribution for State fiscal year 2006 | ||||||
9 | is $534,627,700.
| ||||||
10 | Notwithstanding any other provision of this Article, the | ||||||
11 | total required State
contribution for State fiscal year 2007 | ||||||
12 | is $738,014,500.
| ||||||
13 | For each of State fiscal years 2008 through 2009, the | ||||||
14 | State contribution to
the System, as a percentage of the | ||||||
15 | applicable employee payroll, shall be
increased in equal | ||||||
16 | annual increments from the required State contribution for | ||||||
17 | State fiscal year 2007, so that by State fiscal year 2011, the
| ||||||
18 | State is contributing at the rate otherwise required under | ||||||
19 | this Section.
| ||||||
20 | Notwithstanding any other provision of this Article, the | ||||||
21 | total required State contribution for State fiscal year 2010 | ||||||
22 | is $2,089,268,000 and shall be made from the proceeds of bonds | ||||||
23 | sold in fiscal year 2010 pursuant to Section 7.2 of the General | ||||||
24 | Obligation Bond Act, less (i) the pro rata share of bond sale | ||||||
25 | expenses determined by the System's share of total bond | ||||||
26 | proceeds, (ii) any amounts received from the Common School |
| |||||||
| |||||||
1 | Fund in fiscal year 2010, and (iii) any reduction in bond | ||||||
2 | proceeds due to the issuance of discounted bonds, if | ||||||
3 | applicable. | ||||||
4 | Notwithstanding any other provision of this Article, the
| ||||||
5 | total required State contribution for State fiscal year 2011 | ||||||
6 | is
the amount recertified by the System on or before April 1, | ||||||
7 | 2011 pursuant to subsection (a-1) of this Section and shall be | ||||||
8 | made from the proceeds of bonds
sold in fiscal year 2011 | ||||||
9 | pursuant to Section 7.2 of the General
Obligation Bond Act, | ||||||
10 | less (i) the pro rata share of bond sale
expenses determined by | ||||||
11 | the System's share of total bond
proceeds, (ii) any amounts | ||||||
12 | received from the Common School Fund
in fiscal year 2011, and | ||||||
13 | (iii) any reduction in bond proceeds
due to the issuance of | ||||||
14 | discounted bonds, if applicable. This amount shall include, in | ||||||
15 | addition to the amount certified by the System, an amount | ||||||
16 | necessary to meet employer contributions required by the State | ||||||
17 | as an employer under paragraph (e) of this Section, which may | ||||||
18 | also be used by the System for contributions required by | ||||||
19 | paragraph (a) of Section 16-127. | ||||||
20 | Beginning in State fiscal year 2046, the minimum State | ||||||
21 | contribution for
each fiscal year shall be the amount needed | ||||||
22 | to maintain the total assets of
the System at 90% of the total | ||||||
23 | actuarial liabilities of the System.
| ||||||
24 | Amounts received by the System pursuant to Section 25 of | ||||||
25 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
26 | Finance Act in any fiscal year do not reduce and do not |
| |||||||
| |||||||
1 | constitute payment of any portion of the minimum State | ||||||
2 | contribution required under this Article in that fiscal year. | ||||||
3 | Such amounts shall not reduce, and shall not be included in the | ||||||
4 | calculation of, the required State contributions under this | ||||||
5 | Article in any future year until the System has reached a | ||||||
6 | funding ratio of at least 90%. A reference in this Article to | ||||||
7 | the "required State contribution" or any substantially similar | ||||||
8 | term does not include or apply to any amounts payable to the | ||||||
9 | System under Section 25 of the Budget Stabilization Act. | ||||||
10 | Notwithstanding any other provision of this Section, the | ||||||
11 | required State
contribution for State fiscal year 2005 and for | ||||||
12 | fiscal year 2008 and each fiscal year thereafter, as
| ||||||
13 | calculated under this Section and
certified under subsection | ||||||
14 | (a-1), shall not exceed an amount equal to (i) the
amount of | ||||||
15 | the required State contribution that would have been | ||||||
16 | calculated under
this Section for that fiscal year if the | ||||||
17 | System had not received any payments
under subsection (d) of | ||||||
18 | Section 7.2 of the General Obligation Bond Act, minus
(ii) the | ||||||
19 | portion of the State's total debt service payments for that | ||||||
20 | fiscal
year on the bonds issued in fiscal year 2003 for the | ||||||
21 | purposes of that Section 7.2, as determined
and certified by | ||||||
22 | the Comptroller, that is the same as the System's portion of
| ||||||
23 | the total moneys distributed under subsection (d) of Section | ||||||
24 | 7.2 of the General
Obligation Bond Act. In determining this | ||||||
25 | maximum for State fiscal years 2008 through 2010, however, the | ||||||
26 | amount referred to in item (i) shall be increased, as a |
| |||||||
| |||||||
1 | percentage of the applicable employee payroll, in equal | ||||||
2 | increments calculated from the sum of the required State | ||||||
3 | contribution for State fiscal year 2007 plus the applicable | ||||||
4 | portion of the State's total debt service payments for fiscal | ||||||
5 | year 2007 on the bonds issued in fiscal year 2003 for the | ||||||
6 | purposes of Section 7.2 of the General
Obligation Bond Act, so | ||||||
7 | that, by State fiscal year 2011, the
State is contributing at | ||||||
8 | the rate otherwise required under this Section.
| ||||||
9 | (b-4) Beginning in fiscal year 2018, each employer under | ||||||
10 | this Article shall pay to the System a required contribution | ||||||
11 | determined as a percentage of projected payroll and sufficient | ||||||
12 | to produce an annual amount equal to: | ||||||
13 | (i) for each of fiscal years 2018, 2019, and 2020, the | ||||||
14 | defined benefit normal cost of the defined benefit plan, | ||||||
15 | less the employee contribution, for each employee of that | ||||||
16 | employer who has elected or who is deemed to have elected | ||||||
17 | the benefits under Section 1-161 or who has made the | ||||||
18 | election under subsection (b) of Section 1-161; for fiscal | ||||||
19 | year 2021 and each fiscal year thereafter, the defined | ||||||
20 | benefit normal cost of the defined benefit plan, less the | ||||||
21 | employee contribution, plus 2%, for each employee of that | ||||||
22 | employer who has elected or who is deemed to have elected | ||||||
23 | the benefits under Section 1-161 or who has made the | ||||||
24 | election under subsection (b) of Section 1-161; plus | ||||||
25 | (ii) the amount required for that fiscal year to | ||||||
26 | amortize any unfunded actuarial accrued liability |
| |||||||
| |||||||
1 | associated with the present value of liabilities | ||||||
2 | attributable to the employer's account under Section | ||||||
3 | 16-158.3, determined
as a level percentage of payroll over | ||||||
4 | a 30-year rolling amortization period. | ||||||
5 | In determining contributions required under item (i) of | ||||||
6 | this subsection, the System shall determine an aggregate rate | ||||||
7 | for all employers, expressed as a percentage of projected | ||||||
8 | payroll. | ||||||
9 | In determining the contributions required under item (ii) | ||||||
10 | of this subsection, the amount shall be computed by the System | ||||||
11 | on the basis of the actuarial assumptions and tables used in | ||||||
12 | the most recent actuarial valuation of the System that is | ||||||
13 | available at the time of the computation. | ||||||
14 | The contributions required under this subsection (b-4) | ||||||
15 | shall be paid by an employer concurrently with that employer's | ||||||
16 | payroll payment period. The State, as the actual employer of | ||||||
17 | an employee, shall make the required contributions under this | ||||||
18 | subsection. | ||||||
19 | (c) Payment of the required State contributions and of all | ||||||
20 | pensions,
retirement annuities, death benefits, refunds, and | ||||||
21 | other benefits granted
under or assumed by this System, and | ||||||
22 | all expenses in connection with the
administration and | ||||||
23 | operation thereof, are obligations of the State.
| ||||||
24 | If members are paid from special trust or federal funds | ||||||
25 | which are
administered by the employing unit, whether school | ||||||
26 | district or other
unit, the employing unit shall pay to the |
| |||||||
| |||||||
1 | System from such
funds the full accruing retirement costs | ||||||
2 | based upon that
service, which, beginning July 1, 2017, shall | ||||||
3 | be at a rate, expressed as a percentage of salary, equal to the | ||||||
4 | total employer's normal cost, expressed as a percentage of | ||||||
5 | payroll, as determined by the System. Employer contributions, | ||||||
6 | based on
salary paid to members from federal funds, may be | ||||||
7 | forwarded by the distributing
agency of the State of Illinois | ||||||
8 | to the System prior to allocation, in an
amount determined in | ||||||
9 | accordance with guidelines established by such
agency and the | ||||||
10 | System. Any contribution for fiscal year 2015 collected as a | ||||||
11 | result of the change made by Public Act 98-674 shall be | ||||||
12 | considered a State contribution under subsection (b-3) of this | ||||||
13 | Section.
| ||||||
14 | (d) Effective July 1, 1986, any employer of a teacher as | ||||||
15 | defined in
paragraph (8) of Section 16-106 shall pay the | ||||||
16 | employer's normal cost
of benefits based upon the teacher's | ||||||
17 | service, in addition to
employee contributions, as determined | ||||||
18 | by the System. Such employer
contributions shall be forwarded | ||||||
19 | monthly in accordance with guidelines
established by the | ||||||
20 | System.
| ||||||
21 | However, with respect to benefits granted under Section | ||||||
22 | 16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) | ||||||
23 | of Section 16-106, the
employer's contribution shall be 12% | ||||||
24 | (rather than 20%) of the member's
highest annual salary rate | ||||||
25 | for each year of creditable service granted, and
the employer | ||||||
26 | shall also pay the required employee contribution on behalf of
|
| |||||||
| |||||||
1 | the teacher. For the purposes of Sections 16-133.4 and | ||||||
2 | 16-133.5, a teacher
as defined in paragraph (8) of Section | ||||||
3 | 16-106 who is serving in that capacity
while on leave of | ||||||
4 | absence from another employer under this Article shall not
be | ||||||
5 | considered an employee of the employer from which the teacher | ||||||
6 | is on leave.
| ||||||
7 | (e) Beginning July 1, 1998, every employer of a teacher
| ||||||
8 | shall pay to the System an employer contribution computed as | ||||||
9 | follows:
| ||||||
10 | (1) Beginning July 1, 1998 through June 30, 1999, the | ||||||
11 | employer
contribution shall be equal to 0.3% of each | ||||||
12 | teacher's salary.
| ||||||
13 | (2) Beginning July 1, 1999 and thereafter, the | ||||||
14 | employer
contribution shall be equal to 0.58% of each | ||||||
15 | teacher's salary.
| ||||||
16 | The school district or other employing unit may pay these | ||||||
17 | employer
contributions out of any source of funding available | ||||||
18 | for that purpose and
shall forward the contributions to the | ||||||
19 | System on the schedule established
for the payment of member | ||||||
20 | contributions.
| ||||||
21 | These employer contributions are intended to offset a | ||||||
22 | portion of the cost
to the System of the increases in | ||||||
23 | retirement benefits resulting from Public Act 90-582.
| ||||||
24 | Each employer of teachers is entitled to a credit against | ||||||
25 | the contributions
required under this subsection (e) with | ||||||
26 | respect to salaries paid to teachers
for the period January 1, |
| |||||||
| |||||||
1 | 2002 through June 30, 2003, equal to the amount paid
by that | ||||||
2 | employer under subsection (a-5) of Section 6.6 of the State | ||||||
3 | Employees
Group Insurance Act of 1971 with respect to salaries | ||||||
4 | paid to teachers for that
period.
| ||||||
5 | The additional 1% employee contribution required under | ||||||
6 | Section 16-152 by Public Act 90-582
is the responsibility of | ||||||
7 | the teacher and not the
teacher's employer, unless the | ||||||
8 | employer agrees, through collective bargaining
or otherwise, | ||||||
9 | to make the contribution on behalf of the teacher.
| ||||||
10 | If an employer is required by a contract in effect on May | ||||||
11 | 1, 1998 between the
employer and an employee organization to | ||||||
12 | pay, on behalf of all its full-time
employees
covered by this | ||||||
13 | Article, all mandatory employee contributions required under
| ||||||
14 | this Article, then the employer shall be excused from paying | ||||||
15 | the employer
contribution required under this subsection (e) | ||||||
16 | for the balance of the term
of that contract. The employer and | ||||||
17 | the employee organization shall jointly
certify to the System | ||||||
18 | the existence of the contractual requirement, in such
form as | ||||||
19 | the System may prescribe. This exclusion shall cease upon the
| ||||||
20 | termination, extension, or renewal of the contract at any time | ||||||
21 | after May 1,
1998.
| ||||||
22 | (f) If the amount of a teacher's salary for any school year | ||||||
23 | used to determine final average salary exceeds the member's | ||||||
24 | annual full-time salary rate with the same employer for the | ||||||
25 | previous school year by more than 6%, the teacher's employer | ||||||
26 | shall pay to the System, in addition to all other payments |
| |||||||
| |||||||
1 | required under this Section and in accordance with guidelines | ||||||
2 | established by the System, the present value of the increase | ||||||
3 | in benefits resulting from the portion of the increase in | ||||||
4 | salary that is in excess of 6%. This present value shall be | ||||||
5 | computed by the System on the basis of the actuarial | ||||||
6 | assumptions and tables used in the most recent actuarial | ||||||
7 | valuation of the System that is available at the time of the | ||||||
8 | computation. If a teacher's salary for the 2005-2006 school | ||||||
9 | year is used to determine final average salary under this | ||||||
10 | subsection (f), then the changes made to this subsection (f) | ||||||
11 | by Public Act 94-1057 shall apply in calculating whether the | ||||||
12 | increase in his or her salary is in excess of 6%. For the | ||||||
13 | purposes of this Section, change in employment under Section | ||||||
14 | 10-21.12 of the School Code on or after June 1, 2005 shall | ||||||
15 | constitute a change in employer. The System may require the | ||||||
16 | employer to provide any pertinent information or | ||||||
17 | documentation.
The changes made to this subsection (f) by | ||||||
18 | Public Act 94-1111 apply without regard to whether the teacher | ||||||
19 | was in service on or after its effective date.
| ||||||
20 | Whenever it determines that a payment is or may be | ||||||
21 | required under this subsection, the System shall calculate the | ||||||
22 | amount of the payment and bill the employer for that amount. | ||||||
23 | The bill shall specify the calculations used to determine the | ||||||
24 | amount due. If the employer disputes the amount of the bill, it | ||||||
25 | may, within 30 days after receipt of the bill, apply to the | ||||||
26 | System in writing for a recalculation. The application must |
| |||||||
| |||||||
1 | specify in detail the grounds of the dispute and, if the | ||||||
2 | employer asserts that the calculation is subject to subsection | ||||||
3 | (g), (g-5), (g-10), (g-15), or (h) of this Section, must | ||||||
4 | include an affidavit setting forth and attesting to all facts | ||||||
5 | within the employer's knowledge that are pertinent to the | ||||||
6 | applicability of that subsection. Upon receiving a timely | ||||||
7 | application for recalculation, the System shall review the | ||||||
8 | application and, if appropriate, recalculate the amount due.
| ||||||
9 | The employer contributions required under this subsection | ||||||
10 | (f) may be paid in the form of a lump sum within 90 days after | ||||||
11 | receipt of the bill. If the employer contributions are not | ||||||
12 | paid within 90 days after receipt of the bill, then interest | ||||||
13 | will be charged at a rate equal to the System's annual | ||||||
14 | actuarially assumed rate of return on investment compounded | ||||||
15 | annually from the 91st day after receipt of the bill. Payments | ||||||
16 | must be concluded within 3 years after the employer's receipt | ||||||
17 | of the bill.
| ||||||
18 | (f-1) (Blank). | ||||||
19 | (g) This subsection (g) applies only to payments made or | ||||||
20 | salary increases given on or after June 1, 2005 but before July | ||||||
21 | 1, 2011. The changes made by Public Act 94-1057 shall not | ||||||
22 | require the System to refund any payments received before
July | ||||||
23 | 31, 2006 (the effective date of Public Act 94-1057). | ||||||
24 | When assessing payment for any amount due under subsection | ||||||
25 | (f), the System shall exclude salary increases paid to | ||||||
26 | teachers under contracts or collective bargaining agreements |
| |||||||
| |||||||
1 | entered into, amended, or renewed before June 1, 2005.
| ||||||
2 | When assessing payment for any amount due under subsection | ||||||
3 | (f), the System shall exclude salary increases paid to a | ||||||
4 | teacher at a time when the teacher is 10 or more years from | ||||||
5 | retirement eligibility under Section 16-132 or 16-133.2.
| ||||||
6 | When assessing payment for any amount due under subsection | ||||||
7 | (f), the System shall exclude salary increases resulting from | ||||||
8 | overload work, including summer school, when the school | ||||||
9 | district has certified to the System, and the System has | ||||||
10 | approved the certification, that (i) the overload work is for | ||||||
11 | the sole purpose of classroom instruction in excess of the | ||||||
12 | standard number of classes for a full-time teacher in a school | ||||||
13 | district during a school year and (ii) the salary increases | ||||||
14 | are equal to or less than the rate of pay for classroom | ||||||
15 | instruction computed on the teacher's current salary and work | ||||||
16 | schedule.
| ||||||
17 | When assessing payment for any amount due under subsection | ||||||
18 | (f), the System shall exclude a salary increase resulting from | ||||||
19 | a promotion (i) for which the employee is required to hold a | ||||||
20 | certificate or supervisory endorsement issued by the State | ||||||
21 | Teacher Certification Board that is a different certification | ||||||
22 | or supervisory endorsement than is required for the teacher's | ||||||
23 | previous position and (ii) to a position that has existed and | ||||||
24 | been filled by a member for no less than one complete academic | ||||||
25 | year and the salary increase from the promotion is an increase | ||||||
26 | that results in an amount no greater than the lesser of the |
| |||||||
| |||||||
1 | average salary paid for other similar positions in the | ||||||
2 | district requiring the same certification or the amount | ||||||
3 | stipulated in the collective bargaining agreement for a | ||||||
4 | similar position requiring the same certification.
| ||||||
5 | When assessing payment for any amount due under subsection | ||||||
6 | (f), the System shall exclude any payment to the teacher from | ||||||
7 | the State of Illinois or the State Board of Education over | ||||||
8 | which the employer does not have discretion, notwithstanding | ||||||
9 | that the payment is included in the computation of final | ||||||
10 | average salary.
| ||||||
11 | (g-5) When assessing payment for any amount due under | ||||||
12 | subsection (f), the System shall exclude salary increases | ||||||
13 | resulting from overload or stipend work performed in a school | ||||||
14 | year subsequent to a school year in which the employer was | ||||||
15 | unable to offer or allow to be conducted overload or stipend | ||||||
16 | work due to an emergency declaration limiting such activities. | ||||||
17 | (g-10) When assessing payment for any amount due under | ||||||
18 | subsection (f), the System shall exclude salary increases | ||||||
19 | resulting from increased instructional time that exceeded the | ||||||
20 | instructional time required during the 2019-2020 school year. | ||||||
21 | (g-15) (g-5) When assessing payment for any amount due | ||||||
22 | under subsection (f), the System shall exclude salary | ||||||
23 | increases resulting from teaching summer school on or after | ||||||
24 | May 1, 2021 and before September 15, 2022. | ||||||
25 | (h) When assessing payment for any amount due under | ||||||
26 | subsection (f), the System shall exclude any salary increase |
| |||||||
| |||||||
1 | described in subsection (g) of this Section given on or after | ||||||
2 | July 1, 2011 but before July 1, 2014 under a contract or | ||||||
3 | collective bargaining agreement entered into, amended, or | ||||||
4 | renewed on or after June 1, 2005 but before July 1, 2011. | ||||||
5 | Notwithstanding any other provision of this Section, any | ||||||
6 | payments made or salary increases given after June 30, 2014 | ||||||
7 | shall be used in assessing payment for any amount due under | ||||||
8 | subsection (f) of this Section.
| ||||||
9 | (i) The System shall prepare a report and file copies of | ||||||
10 | the report with the Governor and the General Assembly by | ||||||
11 | January 1, 2007 that contains all of the following | ||||||
12 | information: | ||||||
13 | (1) The number of recalculations required by the | ||||||
14 | changes made to this Section by Public Act 94-1057 for | ||||||
15 | each employer. | ||||||
16 | (2) The dollar amount by which each employer's | ||||||
17 | contribution to the System was changed due to | ||||||
18 | recalculations required by Public Act 94-1057. | ||||||
19 | (3) The total amount the System received from each | ||||||
20 | employer as a result of the changes made to this Section by | ||||||
21 | Public Act 94-4. | ||||||
22 | (4) The increase in the required State contribution | ||||||
23 | resulting from the changes made to this Section by Public | ||||||
24 | Act 94-1057.
| ||||||
25 | (i-5) For school years beginning on or after July 1, 2017, | ||||||
26 | if the amount of a participant's salary for any school year |
| |||||||
| |||||||
1 | exceeds the amount of the salary set for the Governor, the | ||||||
2 | participant's employer shall pay to the System, in addition to | ||||||
3 | all other payments required under this Section and in | ||||||
4 | accordance with guidelines established by the System, an | ||||||
5 | amount determined by the System to be equal to the employer | ||||||
6 | normal cost, as established by the System and expressed as a | ||||||
7 | total percentage of payroll, multiplied by the amount of | ||||||
8 | salary in excess of the amount of the salary set for the | ||||||
9 | Governor. This amount shall be computed by the System on the | ||||||
10 | basis of the actuarial assumptions and tables used in the most | ||||||
11 | recent actuarial valuation of the System that is available at | ||||||
12 | the time of the computation. The System may require the | ||||||
13 | employer to provide any pertinent information or | ||||||
14 | documentation. | ||||||
15 | Whenever it determines that a payment is or may be | ||||||
16 | required under this subsection, the System shall calculate the | ||||||
17 | amount of the payment and bill the employer for that amount. | ||||||
18 | The bill shall specify the calculations used to determine the | ||||||
19 | amount due. If the employer disputes the amount of the bill, it | ||||||
20 | may, within 30 days after receipt of the bill, apply to the | ||||||
21 | System in writing for a recalculation. The application must | ||||||
22 | specify in detail the grounds of the dispute. Upon receiving a | ||||||
23 | timely application for recalculation, the System shall review | ||||||
24 | the application and, if appropriate, recalculate the amount | ||||||
25 | due. | ||||||
26 | The employer contributions required under this subsection |
| |||||||
| |||||||
1 | may be paid in the form of a lump sum within 90 days after | ||||||
2 | receipt of the bill. If the employer contributions are not | ||||||
3 | paid within 90 days after receipt of the bill, then interest | ||||||
4 | will be charged at a rate equal to the System's annual | ||||||
5 | actuarially assumed rate of return on investment compounded | ||||||
6 | annually from the 91st day after receipt of the bill. Payments | ||||||
7 | must be concluded within 3 years after the employer's receipt | ||||||
8 | of the bill. | ||||||
9 | (j) For purposes of determining the required State | ||||||
10 | contribution to the System, the value of the System's assets | ||||||
11 | shall be equal to the actuarial value of the System's assets, | ||||||
12 | which shall be calculated as follows: | ||||||
13 | As of June 30, 2008, the actuarial value of the System's | ||||||
14 | assets shall be equal to the market value of the assets as of | ||||||
15 | that date. In determining the actuarial value of the System's | ||||||
16 | assets for fiscal years after June 30, 2008, any actuarial | ||||||
17 | gains or losses from investment return incurred in a fiscal | ||||||
18 | year shall be recognized in equal annual amounts over the | ||||||
19 | 5-year period following that fiscal year. | ||||||
20 | (k) For purposes of determining the required State | ||||||
21 | contribution to the system for a particular year, the | ||||||
22 | actuarial value of assets shall be assumed to earn a rate of | ||||||
23 | return equal to the system's actuarially assumed rate of | ||||||
24 | return. | ||||||
25 | (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; | ||||||
26 | 102-16, eff. 6-17-21; 102-525, eff. 8-20-21; 102-558, eff. |
| |||||||
| |||||||
1 | 8-20-21; revised 10-21-21.)
| ||||||
2 | (40 ILCS 5/16-203)
| ||||||
3 | Sec. 16-203. Application and expiration of new benefit | ||||||
4 | increases. | ||||||
5 | (a) As used in this Section, "new benefit increase" means | ||||||
6 | an increase in the amount of any benefit provided under this | ||||||
7 | Article, or an expansion of the conditions of eligibility for | ||||||
8 | any benefit under this Article, that results from an amendment | ||||||
9 | to this Code that takes effect after June 1, 2005 (the | ||||||
10 | effective date of Public Act 94-4). "New benefit increase", | ||||||
11 | however, does not include any benefit increase resulting from | ||||||
12 | the changes made to Article 1 or this Article by Public Act | ||||||
13 | 95-910, Public Act 100-23, Public Act 100-587, Public Act | ||||||
14 | 100-743, Public Act 100-769, Public Act 101-10, or Public Act | ||||||
15 | 101-49, or Public Act 102-16 this amendatory Act of the 102nd | ||||||
16 | General Assembly . | ||||||
17 | (b) Notwithstanding any other provision of this Code or | ||||||
18 | any subsequent amendment to this Code, every new benefit | ||||||
19 | increase is subject to this Section and shall be deemed to be | ||||||
20 | granted only in conformance with and contingent upon | ||||||
21 | compliance with the provisions of this Section.
| ||||||
22 | (c) The Public Act enacting a new benefit increase must | ||||||
23 | identify and provide for payment to the System of additional | ||||||
24 | funding at least sufficient to fund the resulting annual | ||||||
25 | increase in cost to the System as it accrues. |
| |||||||
| |||||||
1 | Every new benefit increase is contingent upon the General | ||||||
2 | Assembly providing the additional funding required under this | ||||||
3 | subsection. The Commission on Government Forecasting and | ||||||
4 | Accountability shall analyze whether adequate additional | ||||||
5 | funding has been provided for the new benefit increase and | ||||||
6 | shall report its analysis to the Public Pension Division of | ||||||
7 | the Department of Insurance. A new benefit increase created by | ||||||
8 | a Public Act that does not include the additional funding | ||||||
9 | required under this subsection is null and void. If the Public | ||||||
10 | Pension Division determines that the additional funding | ||||||
11 | provided for a new benefit increase under this subsection is | ||||||
12 | or has become inadequate, it may so certify to the Governor and | ||||||
13 | the State Comptroller and, in the absence of corrective action | ||||||
14 | by the General Assembly, the new benefit increase shall expire | ||||||
15 | at the end of the fiscal year in which the certification is | ||||||
16 | made.
| ||||||
17 | (d) Every new benefit increase shall expire 5 years after | ||||||
18 | its effective date or on such earlier date as may be specified | ||||||
19 | in the language enacting the new benefit increase or provided | ||||||
20 | under subsection (c). This does not prevent the General | ||||||
21 | Assembly from extending or re-creating a new benefit increase | ||||||
22 | by law. | ||||||
23 | (e) Except as otherwise provided in the language creating | ||||||
24 | the new benefit increase, a new benefit increase that expires | ||||||
25 | under this Section continues to apply to persons who applied | ||||||
26 | and qualified for the affected benefit while the new benefit |
| |||||||
| |||||||
1 | increase was in effect and to the affected beneficiaries and | ||||||
2 | alternate payees of such persons, but does not apply to any | ||||||
3 | other person, including, without limitation, a person who | ||||||
4 | continues in service after the expiration date and did not | ||||||
5 | apply and qualify for the affected benefit while the new | ||||||
6 | benefit increase was in effect.
| ||||||
7 | (Source: P.A. 101-10, eff. 6-5-19; 101-49, eff. 7-12-19; | ||||||
8 | 101-81, eff. 7-12-19; 102-16, eff. 6-17-21; 102-558, eff. | ||||||
9 | 8-20-21; revised 10-15-21.) | ||||||
10 | Section 270. The Public Officer Prohibited Activities Act | ||||||
11 | is amended by changing Section 4.1 as follows: | ||||||
12 | (50 ILCS 105/4.1) | ||||||
13 | Sec. 4.1. Retaliation against a whistleblower. | ||||||
14 | (a) It is prohibited for a unit of local government, any | ||||||
15 | agent or representative of a unit of local government, or | ||||||
16 | another employee to retaliate against an employee or | ||||||
17 | contractor who: | ||||||
18 | (1) reports an improper governmental action under this | ||||||
19 | Section; | ||||||
20 | (2) cooperates with an investigation by an auditing | ||||||
21 | official related to a report of improper governmental | ||||||
22 | action; or | ||||||
23 | (3) testifies in a proceeding or prosecution arising | ||||||
24 | out of an improper governmental action. |
| |||||||
| |||||||
1 | (b) To invoke the protections of this Section, an employee | ||||||
2 | shall make a written report of improper governmental action to | ||||||
3 | the appropriate auditing official. An employee who believes he | ||||||
4 | or she has been retaliated against in violation of this | ||||||
5 | Section must submit a written report to the auditing official | ||||||
6 | within 60 days of gaining knowledge of the retaliatory action. | ||||||
7 | If the auditing official is the individual doing the improper | ||||||
8 | governmental action, then a report under this subsection may | ||||||
9 | be submitted to any State's Attorney. | ||||||
10 | (c) Each auditing official shall establish written | ||||||
11 | processes and procedures for managing complaints filed under | ||||||
12 | this Section, and each auditing official shall investigate and | ||||||
13 | dispose of reports of improper governmental action in | ||||||
14 | accordance with these processes and procedures.
If an auditing | ||||||
15 | official concludes that an improper governmental action has | ||||||
16 | taken place or concludes that the relevant unit of local | ||||||
17 | government, department, agency, or supervisory officials have | ||||||
18 | hindered the auditing official's investigation into the | ||||||
19 | report, the auditing official shall notify in writing the | ||||||
20 | chief executive of the unit of local government and any other | ||||||
21 | individual or entity the auditing official deems necessary in | ||||||
22 | the circumstances. | ||||||
23 | (d) An auditing official may transfer a report of improper | ||||||
24 | governmental action to another auditing official for | ||||||
25 | investigation if an auditing official deems it appropriate, | ||||||
26 | including, but not limited to, the appropriate State's |
| |||||||
| |||||||
1 | Attorney. | ||||||
2 | (e) To the extent allowed by law, the identity of an | ||||||
3 | employee reporting information about an improper governmental | ||||||
4 | action shall be kept confidential unless the employee waives | ||||||
5 | confidentiality in writing. Auditing officials may take | ||||||
6 | reasonable measures to protect employees who reasonably | ||||||
7 | believe they may be subject to bodily harm for reporting | ||||||
8 | improper government action. | ||||||
9 | (f) The following remedies are available to employees | ||||||
10 | subjected to adverse actions for reporting improper government | ||||||
11 | action: | ||||||
12 | (1) Auditing officials may reinstate, reimburse for | ||||||
13 | lost wages or expenses incurred, promote, or provide some | ||||||
14 | other form of restitution. | ||||||
15 | (2) In instances where an auditing official determines | ||||||
16 | that restitution will not suffice, the auditing official | ||||||
17 | may make his or her investigation findings available for | ||||||
18 | the purposes of aiding in that employee or the employee's | ||||||
19 | attorney's effort to make the employee whole. | ||||||
20 | (g) A person who engages in prohibited retaliatory action | ||||||
21 | under subsection (a) is subject to the following penalties: a | ||||||
22 | fine of no less than $500 and no more than $5,000, suspension | ||||||
23 | without pay, demotion, discharge, civil or criminal | ||||||
24 | prosecution, or any combination of these penalties, as | ||||||
25 | appropriate. | ||||||
26 | (h) Every employee shall receive a written summary or a |
| |||||||
| |||||||
1 | complete copy of this Section upon commencement of employment | ||||||
2 | and at least once each year of employment. At the same time, | ||||||
3 | the employee shall also receive a copy of the written | ||||||
4 | processes and procedures for reporting improper governmental | ||||||
5 | actions from the applicable auditing official. | ||||||
6 | (i) As used in this Section: | ||||||
7 | "Auditing official" means any elected, appointed, or hired | ||||||
8 | individual, by whatever name, in a unit of local government | ||||||
9 | whose duties are similar to, but not limited to, receiving, | ||||||
10 | registering, and investigating complaints and information | ||||||
11 | concerning misconduct, inefficiency, and waste within the unit | ||||||
12 | of local government; investigating the performance of | ||||||
13 | officers, employees, functions, and programs; and promoting | ||||||
14 | economy, efficiency, effectiveness and integrity in the | ||||||
15 | administration of the programs and operations of the | ||||||
16 | municipality. If a unit of local government does not have an | ||||||
17 | "auditing official", the "auditing official" shall be a | ||||||
18 | State's Attorney of the county in which the unit of local | ||||||
19 | government is located within . | ||||||
20 | "Employee" means anyone employed by a unit of local | ||||||
21 | government, whether in a permanent or temporary position, | ||||||
22 | including full-time, part-time, and intermittent workers. | ||||||
23 | "Employee" also includes members of appointed boards or | ||||||
24 | commissions, whether or not paid. "Employee" also includes | ||||||
25 | persons who have been terminated because of any report or | ||||||
26 | complaint submitted under this Section. |
| |||||||
| |||||||
1 | "Improper governmental action" means any action by a unit | ||||||
2 | of local government employee, an appointed member of a board, | ||||||
3 | commission, or committee, or an elected official of the unit | ||||||
4 | of local government that is undertaken in violation of a | ||||||
5 | federal, State, or unit of local government law or rule; is an | ||||||
6 | abuse of authority; violates the public's trust or expectation | ||||||
7 | of his or her conduct; is of substantial and specific danger to | ||||||
8 | the public's health or safety; or is a gross waste of public | ||||||
9 | funds. The action need not be within the scope of the | ||||||
10 | employee's, elected official's, board member's, commission | ||||||
11 | member's, or committee member's official duties to be subject | ||||||
12 | to a claim of "improper governmental action". "Improper | ||||||
13 | governmental action" does not include a unit of local | ||||||
14 | government personnel actions, including, but not limited to | ||||||
15 | employee grievances, complaints, appointments, promotions, | ||||||
16 | transfers, assignments, reassignments, reinstatements, | ||||||
17 | restorations, reemployment, performance evaluations, | ||||||
18 | reductions in pay, dismissals, suspensions, demotions, | ||||||
19 | reprimands, or violations of collective bargaining agreements, | ||||||
20 | except to the extent that the action amounts to retaliation. | ||||||
21 | "Retaliate", "retaliation", or "retaliatory action" means | ||||||
22 | any adverse change in an employee's employment status or the | ||||||
23 | terms and conditions of employment that results from an | ||||||
24 | employee's protected activity under this Section. "Retaliatory | ||||||
25 | action" includes, but is not limited to, denial of adequate | ||||||
26 | staff to perform duties; frequent staff changes; frequent and |
| |||||||
| |||||||
1 | undesirable office changes; refusal to assign meaningful work; | ||||||
2 | unsubstantiated letters of reprimand or unsatisfactory | ||||||
3 | performance evaluations; demotion; reduction in pay; denial of | ||||||
4 | promotion; transfer or reassignment; suspension or dismissal; | ||||||
5 | or other disciplinary action made because of an employee's | ||||||
6 | protected activity under this Section.
| ||||||
7 | (Source: P.A. 101-652, eff. 7-1-21; revised 12-3-21.) | ||||||
8 | Section 275. The Illinois Police Training Act is amended | ||||||
9 | by changing Sections 9 and 10.18 as follows:
| ||||||
10 | (50 ILCS 705/9) (from Ch. 85, par. 509)
| ||||||
11 | Sec. 9.
A special fund is hereby established in the State | ||||||
12 | Treasury to
be known as the Traffic and Criminal Conviction | ||||||
13 | Surcharge Fund. Moneys in this Fund shall be
expended as | ||||||
14 | follows:
| ||||||
15 | (1) a portion of the total amount deposited in the | ||||||
16 | Fund may be used, as
appropriated by the General Assembly, | ||||||
17 | for the ordinary and contingent expenses
of the Illinois | ||||||
18 | Law Enforcement Training Standards Board;
| ||||||
19 | (2) a portion of the total amount deposited in the | ||||||
20 | Fund
shall be appropriated for the reimbursement of local | ||||||
21 | governmental agencies
participating in training programs | ||||||
22 | certified by the Board, in an amount
equaling 1/2 of the | ||||||
23 | total sum paid by such agencies during the State's | ||||||
24 | previous
fiscal year for mandated training for |
| |||||||
| |||||||
1 | probationary law enforcement officers or
probationary | ||||||
2 | county corrections officers and for optional advanced and
| ||||||
3 | specialized law enforcement or county corrections | ||||||
4 | training; these
reimbursements may include the costs for | ||||||
5 | tuition at training schools, the
salaries of trainees | ||||||
6 | while in schools, and the necessary travel and room
and | ||||||
7 | board expenses for each trainee; if the appropriations | ||||||
8 | under this
paragraph (2) are not sufficient to fully | ||||||
9 | reimburse the participating local
governmental agencies, | ||||||
10 | the available funds shall be apportioned among such
| ||||||
11 | agencies, with priority first given to repayment of the | ||||||
12 | costs of mandatory
training given to law enforcement | ||||||
13 | officer or county corrections officer
recruits, then to | ||||||
14 | repayment of costs of advanced or specialized training
for | ||||||
15 | permanent law enforcement officers or permanent county | ||||||
16 | corrections officers;
| ||||||
17 | (3) a portion of the total amount deposited in the | ||||||
18 | Fund may be used to
fund the Intergovernmental Law | ||||||
19 | Enforcement Officer's In-Service Training
Act, veto | ||||||
20 | overridden October 29, 1981, as now or hereafter amended, | ||||||
21 | at
a rate and method to be determined by the board;
| ||||||
22 | (4) a portion of the Fund also may be used by the | ||||||
23 | Illinois State Police for expenses incurred in the | ||||||
24 | training of employees from
any State, county , or municipal | ||||||
25 | agency whose function includes enforcement
of criminal or | ||||||
26 | traffic law;
|
| |||||||
| |||||||
1 | (5) a portion of the Fund may be used by the Board to | ||||||
2 | fund grant-in-aid
programs and services for the training | ||||||
3 | of employees from any county or
municipal agency whose | ||||||
4 | functions include corrections or the enforcement of
| ||||||
5 | criminal or traffic
law;
| ||||||
6 | (6) for fiscal years 2013 through 2017 only, a portion | ||||||
7 | of the Fund also may be used by the
Department of State | ||||||
8 | Police to finance any of its lawful purposes or functions; | ||||||
9 | (7) a portion of the Fund may be used by the Board, | ||||||
10 | subject to appropriation, to administer grants to local | ||||||
11 | law enforcement agencies for the purpose of purchasing | ||||||
12 | bulletproof vests under the Law Enforcement Officer | ||||||
13 | Bulletproof Vest Act; and | ||||||
14 | (8) a portion of the Fund may be used by the Board to | ||||||
15 | create a law enforcement grant program available for units | ||||||
16 | of local government to fund crime prevention programs, | ||||||
17 | training, and interdiction efforts, including enforcement | ||||||
18 | and prevention efforts, relating to the illegal cannabis | ||||||
19 | market and driving under the influence of cannabis. | ||||||
20 | All payments from the Traffic and Criminal Conviction | ||||||
21 | Surcharge Fund shall
be made each year from moneys | ||||||
22 | appropriated for the purposes specified in
this Section. No | ||||||
23 | more than 50% of any appropriation under this Act shall be
| ||||||
24 | spent in any city having a population of more than 500,000. The | ||||||
25 | State
Comptroller and the State Treasurer shall from time to | ||||||
26 | time, at the
direction of the Governor, transfer from the |
| |||||||
| |||||||
1 | Traffic and Criminal
Conviction Surcharge Fund to the General | ||||||
2 | Revenue Fund in the State Treasury
such amounts as the | ||||||
3 | Governor determines are in excess of the amounts
required to | ||||||
4 | meet the obligations of the Traffic and Criminal Conviction
| ||||||
5 | Surcharge Fund.
| ||||||
6 | (Source: P.A. 101-27, eff. 6-25-19; 101-652, eff. 1-1-22; | ||||||
7 | 102-538, eff. 8-20-21; revised 10-5-21.)
| ||||||
8 | (50 ILCS 705/10.18) | ||||||
9 | Sec. 10.18. Training; administration of opioid | ||||||
10 | antagonists. The Board shall conduct or approve an in-service | ||||||
11 | training program for law enforcement officers in the | ||||||
12 | administration of opioid antagonists as defined in paragraph | ||||||
13 | (1) of subsection (e) of Section 5-23 of the Substance Use | ||||||
14 | Disorder Act that is in accordance with that Section. As used | ||||||
15 | in this Section, the term "law enforcement officers" includes | ||||||
16 | full-time or part-time probationary law enforcement officers, | ||||||
17 | permanent or part-time law enforcement officers, law | ||||||
18 | enforcement officers, recruits, permanent or probationary | ||||||
19 | county corrections officers, permanent or probationary county | ||||||
20 | security officers, and court security officers. The term does | ||||||
21 | not include auxiliary police officers as defined in Section | ||||||
22 | 3.1-30-20 of the Illinois Municipal Code.
| ||||||
23 | (Source: P.A. 100-759, eff. 1-1-19; 101-652, eff. 1-1-22; | ||||||
24 | revised 11-24-21.) |
| |||||||
| |||||||
1 | Section 280. The Uniform Crime Reporting Act is amended by | ||||||
2 | changing Sections 5-10, 5-11, 5-12, and 5-20 as follows: | ||||||
3 | (50 ILCS 709/5-10)
| ||||||
4 | Sec. 5-10. Central repository of crime statistics. The | ||||||
5 | Illinois State Police shall be a central repository and | ||||||
6 | custodian of crime statistics for the State and shall have all | ||||||
7 | the power necessary to carry out the purposes of this Act, | ||||||
8 | including the power to demand and receive cooperation in the | ||||||
9 | submission of crime statistics from all law enforcement | ||||||
10 | agencies. All data and information provided to the Illinois | ||||||
11 | State Police under this Act must be provided in a manner and | ||||||
12 | form prescribed by the Illinois State Police. On an annual | ||||||
13 | basis, the Illinois State Police shall make available | ||||||
14 | compilations of crime statistics and monthly reporting | ||||||
15 | required to be reported by each law enforcement agency.
| ||||||
16 | (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21; | ||||||
17 | revised 10-15-21.) | ||||||
18 | (50 ILCS 709/5-11) | ||||||
19 | Sec. 5-11. FBI National Use of Force Database. The | ||||||
20 | Illinois State Police Department shall participate in and | ||||||
21 | regularly submit use of force information to the Federal | ||||||
22 | Bureau of Investigation (FBI) National Use of Force Database. | ||||||
23 | Within 90 days of July 1, 2021 ( the effective date of Public | ||||||
24 | Act 101-652) this amendatory Act , the Illinois State Police |
| |||||||
| |||||||
1 | Department shall promulgate rules outlining the use of force | ||||||
2 | information required for submission to the Database, which | ||||||
3 | shall be submitted monthly by law enforcement agencies under | ||||||
4 | Section 5-12.
| ||||||
5 | (Source: P.A. 101-652, eff. 7-1-21; revised 12-3-21.) | ||||||
6 | (50 ILCS 709/5-12) | ||||||
7 | Sec. 5-12. Monthly reporting. All law enforcement agencies | ||||||
8 | shall submit to the Illinois State Police on a monthly basis | ||||||
9 | the following: | ||||||
10 | (1) beginning January 1, 2016, a report on any | ||||||
11 | arrest-related death that shall include information | ||||||
12 | regarding the deceased, the officer, any weapon used by | ||||||
13 | the officer or the deceased, and the circumstances of the | ||||||
14 | incident. The Illinois State Police shall submit on a | ||||||
15 | quarterly basis all information collected under this | ||||||
16 | paragraph (1) to the Illinois Criminal Justice Information | ||||||
17 | Authority, contingent upon updated federal guidelines | ||||||
18 | regarding the Uniform Crime Reporting Program; | ||||||
19 | (2) beginning January 1, 2017, a report on any | ||||||
20 | instance when a law enforcement officer discharges his or | ||||||
21 | her firearm causing a non-fatal injury to a person, during | ||||||
22 | the performance of his or her official duties or in the | ||||||
23 | line of duty; | ||||||
24 | (3) a report of incident-based information on hate | ||||||
25 | crimes including information describing the offense, |
| |||||||
| |||||||
1 | location of the offense, type of victim, offender, and | ||||||
2 | bias motivation. If no hate crime incidents occurred | ||||||
3 | during a reporting month, the law enforcement agency must | ||||||
4 | submit a no incident record, as required by the Illinois | ||||||
5 | State Police; | ||||||
6 | (4) a report on any incident of an alleged commission | ||||||
7 | of a domestic crime, that shall include information | ||||||
8 | regarding the victim, offender, date and time of the | ||||||
9 | incident, any injury inflicted, any weapons involved in | ||||||
10 | the commission of the offense, and the relationship | ||||||
11 | between the victim and the offender; | ||||||
12 | (5) data on an index of offenses selected by the | ||||||
13 | Illinois State Police based on the seriousness of the | ||||||
14 | offense, frequency of occurrence of the offense, and | ||||||
15 | likelihood of being reported to law enforcement. The data | ||||||
16 | shall include the number of index crime offenses committed | ||||||
17 | and number of associated arrests; | ||||||
18 | (6) data on offenses and incidents reported by schools | ||||||
19 | to local law enforcement. The data shall include offenses | ||||||
20 | defined as an attack against school personnel, | ||||||
21 | intimidation offenses, drug incidents, and incidents | ||||||
22 | involving weapons;
| ||||||
23 | (7) beginning on July 1, 2021, a report on incidents | ||||||
24 | where a law enforcement officer was dispatched to deal | ||||||
25 | with a person experiencing a mental health crisis or | ||||||
26 | incident. The report shall include the number of |
| |||||||
| |||||||
1 | incidents, the level of law enforcement response and the | ||||||
2 | outcome of each incident. For purposes of this Section, a | ||||||
3 | "mental health crisis" is when a person's behavior puts | ||||||
4 | them at risk of hurting themselves or others or prevents | ||||||
5 | them from being able to care for themselves; | ||||||
6 | (8) beginning on July 1, 2021, a report on use of | ||||||
7 | force, including any action that resulted in the death or | ||||||
8 | serious bodily injury of a person or the discharge of a | ||||||
9 | firearm at or in the direction of a person. The report | ||||||
10 | shall include information required by the Illinois State | ||||||
11 | Police Department , pursuant to Section 5-11 of this Act. | ||||||
12 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||||||
13 | 102-538, eff. 8-20-21; revised 10-15-21.) | ||||||
14 | (50 ILCS 709/5-20)
| ||||||
15 | Sec. 5-20. Reporting compliance. The Illinois State Police | ||||||
16 | shall annually report to the Illinois Law Enforcement Training | ||||||
17 | Standards Board and the Department of Revenue any law | ||||||
18 | enforcement agency not in compliance with the reporting | ||||||
19 | requirements under this Act. A law enforcement agency's | ||||||
20 | compliance with the reporting requirements under this Act | ||||||
21 | shall be a factor considered by the Illinois Law Enforcement | ||||||
22 | Training Standards Board in awarding grant funding under the | ||||||
23 | Law Enforcement Camera Grant Act, with preference to law | ||||||
24 | enforcement agencies which are in compliance with reporting | ||||||
25 | requirements under this Act.
|
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1 | (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21; | ||||||
2 | revised 10-15-21.) | ||||||
3 | Section 285. The Emergency Telephone System Act is amended | ||||||
4 | by changing Sections 2, 7, 8, 10, 15.6, 15.6a, 15.6b, 17.5, 19, | ||||||
5 | 20, 30, and 40 as follows:
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6 | (50 ILCS 750/2) (from Ch. 134, par. 32)
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7 | (Section scheduled to be repealed on December 31, 2023)
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8 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
9 | context otherwise requires: | ||||||
10 | "9-1-1 network" means the network used for the delivery of | ||||||
11 | 9-1-1 calls and messages over dedicated and redundant | ||||||
12 | facilities to a primary or backup 9-1-1 PSAP that meets the | ||||||
13 | appropriate grade of service. | ||||||
14 | "9-1-1 system" means the geographic area that has been | ||||||
15 | granted an order of authority by the Commission or the | ||||||
16 | Statewide 9-1-1 Administrator to use "9-1-1" as the primary | ||||||
17 | emergency telephone number, including , but not limited to , the | ||||||
18 | network, software applications, databases, CPE components and | ||||||
19 | operational and management procedures required to provide | ||||||
20 | 9-1-1 service. | ||||||
21 | "9-1-1 Authority" means an Emergency Telephone System | ||||||
22 | Board or , Joint Emergency Telephone System Board that provides | ||||||
23 | for the management and operation of a 9-1-1 system. "9-1-1 | ||||||
24 | Authority" includes the Illinois State Police only to the |
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1 | extent it provides 9-1-1 services under this Act. | ||||||
2 | "9-1-1 System Manager" means the manager, director, | ||||||
3 | administrator, or coordinator who at the direction of his or | ||||||
4 | her Emergency Telephone System Board is responsible for the | ||||||
5 | implementation and execution of the order of authority issued | ||||||
6 | by the Commission or the Statewide 9-1-1 Administrator through | ||||||
7 | the programs, policies, procedures, and daily operations of | ||||||
8 | the 9-1-1 system consistent with the provisions of this Act. | ||||||
9 | "Administrator" means the Statewide 9-1-1 Administrator. | ||||||
10 | "Advanced service" means any telecommunications service | ||||||
11 | with or without dynamic bandwidth allocation, including, but | ||||||
12 | not limited to, ISDN Primary Rate Interface (PRI), that, | ||||||
13 | through the use of a DS-1, T-1, or other un-channelized or | ||||||
14 | multi-channel transmission facility, is capable of | ||||||
15 | transporting either the subscriber's inter-premises voice | ||||||
16 | telecommunications services to the public switched network or | ||||||
17 | the subscriber's 9-1-1 calls to the public agency. | ||||||
18 | "Aggregator" means an entity that ingresses 9-1-1 calls of | ||||||
19 | multiple traffic types or 9-1-1 calls from multiple | ||||||
20 | originating service providers and combines them on a trunk | ||||||
21 | group or groups (or equivalent egress connection arrangement | ||||||
22 | to a 9-1-1 system provider's E9-1-1/NG9-1-1 network or | ||||||
23 | system), and that uses the routing information provided in the | ||||||
24 | received call setup signaling to select the appropriate trunk | ||||||
25 | group and proceeds to signal call setup toward the 9-1-1 | ||||||
26 | system provider. "Aggregator" includes an originating service |
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1 | provider that provides aggregation functions for its own 9-1-1 | ||||||
2 | calls. "Aggregator" also includes an aggregation network or an | ||||||
3 | aggregation entity that provides aggregator services for other | ||||||
4 | types of system providers, such as cloud-based services or | ||||||
5 | enterprise networks as its client. | ||||||
6 | "ALI" or "automatic location identification" means the | ||||||
7 | automatic display at the public safety answering point of the | ||||||
8 | address or location of the caller's telephone and | ||||||
9 | supplementary emergency services information of the location | ||||||
10 | from which a call originates. | ||||||
11 | "ANI" or "automatic number identification" means the | ||||||
12 | automatic display of the 10-digit 10 digit telephone number | ||||||
13 | associated with the caller's telephone number. | ||||||
14 | "Automatic alarm" and "automatic alerting device" mean any | ||||||
15 | device that will access the 9-1-1 system for emergency | ||||||
16 | services upon activation and does not provide for two-way | ||||||
17 | communication. | ||||||
18 | "Answering point" means a PSAP, SAP, Backup PSAP, Unmanned | ||||||
19 | Backup Answering Point, or VAP. | ||||||
20 | "Authorized entity" means an answering point or | ||||||
21 | participating agency other than a decommissioned PSAP. | ||||||
22 | "Backup PSAP" means an answering point that meets the | ||||||
23 | appropriate standards of service and serves as an alternate to | ||||||
24 | the PSAP operating independently from the PSAP at a different | ||||||
25 | location , that has the capability to direct dispatch for the | ||||||
26 | PSAP or otherwise transfer emergency calls directly to an |
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1 | authorized entity. A backup PSAP may accept overflow calls | ||||||
2 | from the PSAP or be activated if the primary PSAP is disabled. | ||||||
3 | "Board" means an Emergency Telephone System Board or a | ||||||
4 | Joint Emergency Telephone System Board created pursuant to | ||||||
5 | Section 15.4. | ||||||
6 | "Carrier" includes a telecommunications carrier and a | ||||||
7 | wireless carrier. | ||||||
8 | "Commission" means the Illinois Commerce Commission. | ||||||
9 | "Computer aided dispatch" or "CAD" means a computer-based | ||||||
10 | system that aids public safety telecommunicators by automating | ||||||
11 | selected dispatching and recordkeeping activities. | ||||||
12 | "Direct dispatch" means a 9-1-1 service wherein upon | ||||||
13 | receipt of an emergency call, a public safety telecommunicator | ||||||
14 | transmits - without delay, transfer, relay, or referral - all | ||||||
15 | relevant available information to the appropriate public | ||||||
16 | safety personnel or emergency responders. | ||||||
17 | "Decommissioned" means the revocation of a PSAPs authority | ||||||
18 | to handle 9-1-1 calls as an answering point within the 9-1-1 | ||||||
19 | network. | ||||||
20 | "DS-1, T-1, or similar un-channelized or multi-channel | ||||||
21 | transmission facility" means a facility that can transmit and | ||||||
22 | receive a bit rate of at least 1.544 megabits per second | ||||||
23 | (Mbps). | ||||||
24 | "Dynamic bandwidth allocation" means the ability of the | ||||||
25 | facility or customer to drop and add channels, or adjust | ||||||
26 | bandwidth, when needed in real time for voice or data |
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1 | purposes. | ||||||
2 | "Emergency call" means any type of request for emergency | ||||||
3 | assistance through a 9-1-1 network either to the digits 9-1-1 | ||||||
4 | or the emergency 24/7 10-digit telephone number for all | ||||||
5 | answering points. An emergency call is not limited to a voice | ||||||
6 | telephone call. It could be a two-way video call, an | ||||||
7 | interactive text, Teletypewriter (TTY), an SMS, an Instant | ||||||
8 | Message, or any new mechanism for communications available in | ||||||
9 | the future. An emergency call occurs when the request for | ||||||
10 | emergency assistance is received by a public safety | ||||||
11 | telecommunicator. | ||||||
12 | "Enhanced 9-1-1" or "E9-1-1" means a telephone system that | ||||||
13 | includes network switching, database and PSAP premise elements | ||||||
14 | capable of providing automatic location identification data, | ||||||
15 | selective routing, selective transfer, fixed transfer, and a | ||||||
16 | call back number, including any enhanced 9-1-1 service so | ||||||
17 | designated by the Federal Communications Commission in its | ||||||
18 | report and order in WC Dockets Nos. 04-36 and 05-196, or any | ||||||
19 | successor proceeding. | ||||||
20 | "ETSB" means an emergency telephone system board appointed | ||||||
21 | by the corporate authorities of any county or municipality | ||||||
22 | that provides for the management and operation of a 9-1-1 | ||||||
23 | system. | ||||||
24 | "Grade of service" means P.01 for enhanced 9-1-1 services | ||||||
25 | or the NENA i3 Solution adopted standard for NG9-1-1. | ||||||
26 | "Hearing-impaired individual" means a person with a |
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1 | permanent hearing loss who can regularly and routinely | ||||||
2 | communicate by telephone only through the aid of devices which | ||||||
3 | can send and receive written messages over the telephone | ||||||
4 | network. | ||||||
5 | "Hosted supplemental 9-1-1 service" means a database | ||||||
6 | service that: | ||||||
7 | (1) electronically provides information to 9-1-1 call | ||||||
8 | takers when a call is placed to 9-1-1; | ||||||
9 | (2) allows telephone subscribers to provide | ||||||
10 | information to 9-1-1 to be used in emergency scenarios; | ||||||
11 | (3) collects a variety of formatted data relevant to | ||||||
12 | 9-1-1 and first responder needs, which may include, but is | ||||||
13 | not limited to, photographs of the telephone subscribers, | ||||||
14 | physical descriptions, medical information, household | ||||||
15 | data, and emergency contacts; | ||||||
16 | (4) allows for information to be entered by telephone | ||||||
17 | subscribers through a secure website where they can elect | ||||||
18 | to provide as little or as much information as they | ||||||
19 | choose; | ||||||
20 | (5) automatically displays data provided by telephone | ||||||
21 | subscribers to 9-1-1 call takers for all types of | ||||||
22 | telephones when a call is placed to 9-1-1 from a | ||||||
23 | registered and confirmed phone number; | ||||||
24 | (6) supports the delivery of telephone subscriber | ||||||
25 | information through a secure internet connection to all | ||||||
26 | emergency telephone system boards; |
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1 | (7) works across all 9-1-1 call taking equipment and | ||||||
2 | allows for the easy transfer of information into a | ||||||
3 | computer aided dispatch system; and | ||||||
4 | (8) may be used to collect information pursuant to an | ||||||
5 | Illinois Premise Alert Program as defined in the Illinois | ||||||
6 | Premise Alert Program (PAP) Act. | ||||||
7 | "Interconnected voice over Internet protocol provider" or | ||||||
8 | "Interconnected VoIP provider" has the meaning given to that | ||||||
9 | term under Section 13-235 of the Public Utilities Act. | ||||||
10 | "Joint ETSB" means a Joint Emergency Telephone System | ||||||
11 | Board established by intergovernmental agreement of two or | ||||||
12 | more municipalities or counties, or a combination thereof, to | ||||||
13 | provide for the management and operation of a 9-1-1 system. | ||||||
14 | "Local public agency" means any unit of local government | ||||||
15 | or special purpose district located in whole or in part within | ||||||
16 | this State that provides or has authority to provide | ||||||
17 | firefighting, police, ambulance, medical, or other emergency | ||||||
18 | services. | ||||||
19 | "Mechanical dialer" means any device that accesses the | ||||||
20 | 9-1-1 system without human intervention and does not provide | ||||||
21 | for two-way communication. | ||||||
22 | "Master Street Address Guide" or "MSAG" is a database of | ||||||
23 | street names and house ranges within their associated | ||||||
24 | communities defining emergency service zones (ESZs) and their | ||||||
25 | associated emergency service numbers (ESNs) to enable proper | ||||||
26 | routing of 9-1-1 calls. |
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1 | "Mobile telephone number" or "MTN" means the telephone | ||||||
2 | number assigned to a wireless telephone at the time of initial | ||||||
3 | activation. | ||||||
4 | "Network connections" means the number of voice grade | ||||||
5 | communications channels directly between a subscriber and a | ||||||
6 | telecommunications carrier's public switched network, without | ||||||
7 | the intervention of any other telecommunications carrier's | ||||||
8 | switched network, which would be required to carry the | ||||||
9 | subscriber's inter-premises traffic and which connection | ||||||
10 | either (1) is capable of providing access through the public | ||||||
11 | switched network to a 9-1-1 Emergency Telephone System, if one | ||||||
12 | exists, or (2) if no system exists at the time a surcharge is | ||||||
13 | imposed under Section 15.3, that would be capable of providing | ||||||
14 | access through the public switched network to the local 9-1-1 | ||||||
15 | Emergency Telephone System if one existed. Where multiple | ||||||
16 | voice grade communications channels are connected to a | ||||||
17 | telecommunications carrier's public switched network through a | ||||||
18 | private branch exchange (PBX) service, there shall be | ||||||
19 | determined to be one network connection for each trunk line | ||||||
20 | capable of transporting either the subscriber's inter-premises | ||||||
21 | traffic to the public switched network or the subscriber's | ||||||
22 | 9-1-1 calls to the public agency. Where multiple voice grade | ||||||
23 | communications channels are connected to a telecommunications | ||||||
24 | carrier's public switched network through Centrex type | ||||||
25 | service, the number of network connections shall be equal to | ||||||
26 | the number of PBX trunk equivalents for the subscriber's |
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1 | service or other multiple voice grade communication channels | ||||||
2 | facility, as determined by reference to any generally | ||||||
3 | applicable exchange access service tariff filed by the | ||||||
4 | subscriber's telecommunications carrier with the Commission. | ||||||
5 | "Network costs" means those recurring costs that directly | ||||||
6 | relate to the operation of the 9-1-1 network as determined by | ||||||
7 | the Statewide 9-1-1 Administrator with the advice of the | ||||||
8 | Statewide 9-1-1 Advisory Board, which may include, but need | ||||||
9 | not be limited to, some or all of the following: costs for | ||||||
10 | interoffice trunks, selective routing charges, transfer lines | ||||||
11 | and toll charges for 9-1-1 services, Automatic Location | ||||||
12 | Information (ALI) database charges, independent local exchange | ||||||
13 | carrier charges and non-system provider charges, carrier | ||||||
14 | charges for third party database for on-site customer premises | ||||||
15 | equipment, back-up PSAP trunks for non-system providers, | ||||||
16 | periodic database updates as provided by carrier (also known | ||||||
17 | as "ALI data dump"), regional ALI storage charges, circuits | ||||||
18 | for call delivery (fiber or circuit connection), NG9-1-1 | ||||||
19 | costs, and all associated fees, taxes, and surcharges on each | ||||||
20 | invoice. "Network costs" shall not include radio circuits or | ||||||
21 | toll charges that are other than for 9-1-1 services. | ||||||
22 | "Next generation 9-1-1" or "NG9-1-1" means a secure | ||||||
23 | Internet Protocol-based (IP-based) open-standards system | ||||||
24 | comprised of hardware, software, data, and operational | ||||||
25 | policies and procedures that: | ||||||
26 | (A) provides standardized interfaces from |
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1 | emergency call and message services to support | ||||||
2 | emergency communications; | ||||||
3 | (B) processes all types of emergency calls, | ||||||
4 | including voice, text, data, and multimedia | ||||||
5 | information; | ||||||
6 | (C) acquires and integrates additional emergency | ||||||
7 | call data useful to call routing and handling; | ||||||
8 | (D) delivers the emergency calls, messages, and | ||||||
9 | data to the appropriate public safety answering point | ||||||
10 | and other appropriate emergency entities based on the | ||||||
11 | location of the caller; | ||||||
12 | (E) supports data, video, and other communications | ||||||
13 | needs for coordinated incident response and | ||||||
14 | management; and | ||||||
15 | (F) interoperates with services and networks used | ||||||
16 | by first responders to facilitate emergency response. | ||||||
17 | "NG9-1-1 costs" means those recurring costs that directly | ||||||
18 | relate to the Next Generation 9-1-1 service as determined by | ||||||
19 | the Statewide 9-1-1 Administrator with the advice of the | ||||||
20 | Statewide 9-1-1 Advisory Board, which may include, but need | ||||||
21 | not be limited to, costs for NENA i3 Core Components (Border | ||||||
22 | Control Function (BCF), Emergency Call Routing Function | ||||||
23 | (ECRF), Location Validation Function (LVF), Emergency Services | ||||||
24 | Routing Proxy (ESRP), Policy Store/Policy Routing Functions | ||||||
25 | (PSPRF) , and Location Information Servers (LIS)), Statewide | ||||||
26 | ESInet, software external to the PSAP (data collection, |
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1 | identity management, aggregation , and GIS functionality), and | ||||||
2 | gateways (legacy 9-1-1 tandems or gateways or both). | ||||||
3 | "Originating service provider" or "OSP" means the entity | ||||||
4 | that provides services to end users that may be used to | ||||||
5 | originate voice or nonvoice 9-1-1 requests for assistance and | ||||||
6 | who would interconnect, in any of various fashions, to the | ||||||
7 | 9-1-1 system provider for purposes of delivering 9-1-1 traffic | ||||||
8 | to the public safety answering points. | ||||||
9 | "Private branch exchange" or "PBX" means a private | ||||||
10 | telephone system and associated equipment located on the | ||||||
11 | user's property that provides communications between internal | ||||||
12 | stations and external networks. | ||||||
13 | "Private business switch service" means network and | ||||||
14 | premises based systems including a VoIP, Centrex type service, | ||||||
15 | or PBX service, even though key telephone systems or | ||||||
16 | equivalent telephone systems registered with the Federal | ||||||
17 | Communications Commission under 47 CFR Part 68 are directly | ||||||
18 | connected to Centrex type and PBX systems. "Private business | ||||||
19 | switch service" does not include key telephone systems or | ||||||
20 | equivalent telephone systems registered with the Federal | ||||||
21 | Communications Commission under 47 CFR Part 68 when not used | ||||||
22 | in conjunction with a VoIP, Centrex type, or PBX systems. | ||||||
23 | "Private business switch service" typically includes, but is | ||||||
24 | not limited to, private businesses, corporations, and | ||||||
25 | industries where the telecommunications service is primarily | ||||||
26 | for conducting business. |
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1 | "Private residential switch service" means network and | ||||||
2 | premise based systems including a VoIP, Centrex type service, | ||||||
3 | or PBX service or key telephone systems or equivalent | ||||||
4 | telephone systems registered with the Federal Communications | ||||||
5 | Commission under 47 CFR C.F.R. Part 68 that are directly | ||||||
6 | connected to a VoIP, Centrex type service, or PBX systems | ||||||
7 | equipped for switched local network connections or 9-1-1 | ||||||
8 | system access to residential end users through a private | ||||||
9 | telephone switch. "Private residential switch service" does | ||||||
10 | not include key telephone systems or equivalent telephone | ||||||
11 | systems registered with the Federal Communications Commission | ||||||
12 | under 47 CFR C.F.R. Part 68 when not used in conjunction with a | ||||||
13 | VoIP, Centrex type, or PBX systems. "Private residential | ||||||
14 | switch service" typically includes, but is not limited to, | ||||||
15 | apartment complexes, condominiums, and campus or university | ||||||
16 | environments where shared tenant service is provided and where | ||||||
17 | the usage of the telecommunications service is primarily | ||||||
18 | residential. | ||||||
19 | "Public agency" means the State, and any unit of local | ||||||
20 | government or special purpose district located in whole or in | ||||||
21 | part within this State, that provides or has authority to | ||||||
22 | provide firefighting, police, ambulance, medical, or other | ||||||
23 | emergency services. | ||||||
24 | "Public safety agency" means a functional division of a | ||||||
25 | public agency that provides firefighting, police, medical, or | ||||||
26 | other emergency services to respond to and manage emergency |
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1 | incidents. For the purpose of providing wireless service to | ||||||
2 | users of 9-1-1 emergency services, as expressly provided for | ||||||
3 | in this Act, the Illinois State Police may be considered a | ||||||
4 | public safety agency. | ||||||
5 | "Public safety answering point" or "PSAP" means the | ||||||
6 | primary answering location of an emergency call that meets the | ||||||
7 | appropriate standards of service and is responsible for | ||||||
8 | receiving and processing those calls and events according to a | ||||||
9 | specified operational policy. | ||||||
10 | "PSAP representative" means the manager or supervisor of a | ||||||
11 | Public Safety Answering Point (PSAP) who oversees the daily | ||||||
12 | operational functions and is responsible for the overall | ||||||
13 | management and administration of the PSAP. | ||||||
14 | "Public safety telecommunicator" means any person employed | ||||||
15 | in a full-time or part-time capacity at an answering point | ||||||
16 | whose duties or responsibilities include answering, receiving, | ||||||
17 | or transferring an emergency call for dispatch to the | ||||||
18 | appropriate emergency responder. | ||||||
19 | "Public safety telecommunicator supervisor" means any | ||||||
20 | person employed in a full-time or part-time capacity at an | ||||||
21 | answering point or by a 9-1-1 Authority, whose primary duties | ||||||
22 | or responsibilities are to direct, administer, or manage any | ||||||
23 | public safety telecommunicator and whose responsibilities | ||||||
24 | include answering, receiving, or transferring an emergency | ||||||
25 | call for dispatch to the appropriate responders. | ||||||
26 | "Referral" means a 9-1-1 service in which the public |
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1 | safety telecommunicator provides the calling party with the | ||||||
2 | telephone number of the appropriate public safety agency or | ||||||
3 | other provider of emergency services. | ||||||
4 | "Regular service" means any telecommunications service, | ||||||
5 | other than advanced service, that is capable of transporting | ||||||
6 | either the subscriber's inter-premises voice | ||||||
7 | telecommunications services to the public switched network or | ||||||
8 | the subscriber's 9-1-1 calls to the public agency. | ||||||
9 | "Relay" means a 9-1-1 service in which the public safety | ||||||
10 | telecommunicator takes the pertinent information from a caller | ||||||
11 | and relays that information to the appropriate public safety | ||||||
12 | agency or other provider of emergency services. | ||||||
13 | "Remit period" means the billing period, one month in | ||||||
14 | duration, for which a wireless carrier remits a surcharge and | ||||||
15 | provides subscriber information by zip code to the Illinois | ||||||
16 | State Police, in accordance with Section 20 of this Act. | ||||||
17 | "Secondary Answering Point" or "SAP" means a location, | ||||||
18 | other than a PSAP, that is able to receive the voice, data, and | ||||||
19 | call back number of E9-1-1 or NG9-1-1 emergency calls | ||||||
20 | transferred from a PSAP and completes the call taking process | ||||||
21 | by dispatching police, medical, fire, or other emergency | ||||||
22 | responders. | ||||||
23 | "Statewide wireless emergency 9-1-1 system" means all | ||||||
24 | areas of the State where an emergency telephone system board | ||||||
25 | has not declared its intention for one or more of its public | ||||||
26 | safety answering points to serve as a primary wireless 9-1-1 |
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1 | public safety answering point for its jurisdiction. The | ||||||
2 | operator of the statewide wireless emergency 9-1-1 system | ||||||
3 | shall be the Illinois State Police. | ||||||
4 | "System" means the communications equipment and related | ||||||
5 | software applications required to produce a response by the | ||||||
6 | appropriate emergency public safety agency or other provider | ||||||
7 | of emergency services as a result of an emergency call being | ||||||
8 | placed to 9-1-1. | ||||||
9 | "System provider" means the contracted entity providing | ||||||
10 | 9-1-1 network and database services. | ||||||
11 | "Telecommunications carrier" means those entities included | ||||||
12 | within the definition specified in Section 13-202 of the | ||||||
13 | Public Utilities Act, and includes those carriers acting as | ||||||
14 | resellers of telecommunications services. "Telecommunications | ||||||
15 | carrier" includes telephone systems operating as mutual | ||||||
16 | concerns. "Telecommunications carrier" does not include a | ||||||
17 | wireless carrier. | ||||||
18 | "Telecommunications technology" means equipment that can | ||||||
19 | send and receive written messages over the telephone network. | ||||||
20 | "Transfer" means a 9-1-1 service in which the public | ||||||
21 | safety telecommunicator, who receives an emergency call, | ||||||
22 | transmits, redirects, or conferences that call to the | ||||||
23 | appropriate public safety agency or other provider of | ||||||
24 | emergency services. "Transfer" Transfer shall not include a | ||||||
25 | relay or referral of the information without transferring the | ||||||
26 | caller. |
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1 | "Transmitting messages" shall have the meaning given to | ||||||
2 | that term under Section 8-11-2 of the Illinois Municipal Code. | ||||||
3 | "Trunk line" means a transmission path, or group of | ||||||
4 | transmission paths, connecting a subscriber's PBX to a | ||||||
5 | telecommunications carrier's public switched network. In the | ||||||
6 | case of regular service, each voice grade communications | ||||||
7 | channel or equivalent amount of bandwidth capable of | ||||||
8 | transporting either the subscriber's inter-premises voice | ||||||
9 | telecommunications services to the public switched network or | ||||||
10 | the subscriber's 9-1-1 calls to the public agency shall be | ||||||
11 | considered a trunk line, even if it is bundled with other | ||||||
12 | channels or additional bandwidth. In the case of advanced | ||||||
13 | service, each DS-1, T-1, or other un-channelized or | ||||||
14 | multi-channel transmission facility that is capable of | ||||||
15 | transporting either the subscriber's inter-premises voice | ||||||
16 | telecommunications services to the public switched network or | ||||||
17 | the subscriber's 9-1-1 calls to the public agency shall be | ||||||
18 | considered a single trunk line, even if it contains multiple | ||||||
19 | voice grade communications channels or otherwise supports 2 or | ||||||
20 | more voice grade calls at a time; provided, however, that each | ||||||
21 | additional increment of up to 24 voice grade channels of | ||||||
22 | transmission capacity that is capable of transporting either | ||||||
23 | the subscriber's inter-premises voice telecommunications | ||||||
24 | services to the public switched network or the subscriber's | ||||||
25 | 9-1-1 calls to the public agency shall be considered an | ||||||
26 | additional trunk line. |
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1 | "Unmanned backup answering point" means an answering point | ||||||
2 | that serves as an alternate to the PSAP at an alternate | ||||||
3 | location and is typically unmanned but can be activated if the | ||||||
4 | primary PSAP is disabled. | ||||||
5 | "Virtual answering point" or "VAP" means a temporary or | ||||||
6 | nonpermanent location that is capable of receiving an | ||||||
7 | emergency call, contains a fully functional worksite that is | ||||||
8 | not bound to a specific location, but rather is portable and | ||||||
9 | scalable, connecting public safety telecommunicators to the | ||||||
10 | work process, and is capable of completing the call | ||||||
11 | dispatching process. | ||||||
12 | "Voice-impaired individual" means a person with a | ||||||
13 | permanent speech disability which precludes oral | ||||||
14 | communication, who can regularly and routinely communicate by | ||||||
15 | telephone only through the aid of devices which can send and | ||||||
16 | receive written messages over the telephone network. | ||||||
17 | "Wireless carrier" means a provider of two-way cellular, | ||||||
18 | broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial | ||||||
19 | Mobile Radio Service (CMRS), Wireless Communications Service | ||||||
20 | (WCS), or other Commercial Mobile Radio Service (CMRS), as | ||||||
21 | defined by the Federal Communications Commission, offering | ||||||
22 | radio communications that may provide fixed, mobile, radio | ||||||
23 | location, or satellite communication services to individuals | ||||||
24 | or businesses within its assigned spectrum block and | ||||||
25 | geographical area or that offers real-time, two-way voice | ||||||
26 | service that is interconnected with the public switched |
| |||||||
| |||||||
1 | network, including a reseller of such service. | ||||||
2 | "Wireless enhanced 9-1-1" means the ability to relay the | ||||||
3 | telephone number of the originator of a 9-1-1 call and | ||||||
4 | location information from any mobile handset or text telephone | ||||||
5 | device accessing the wireless system to the designated | ||||||
6 | wireless public safety answering point as set forth in the | ||||||
7 | order of the Federal Communications Commission, FCC Docket No. | ||||||
8 | 94-102, adopted June 12, 1996, with an effective date of | ||||||
9 | October 1, 1996, and any subsequent amendment thereto. | ||||||
10 | "Wireless public safety answering point" means the | ||||||
11 | functional division of a 9-1-1 authority accepting wireless | ||||||
12 | 9-1-1 calls. | ||||||
13 | "Wireless subscriber" means an individual or entity to | ||||||
14 | whom a wireless service account or number has been assigned by | ||||||
15 | a wireless carrier, other than an account or number associated | ||||||
16 | with prepaid wireless telecommunication service.
| ||||||
17 | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; | ||||||
18 | revised 10-5-21.)
| ||||||
19 | (50 ILCS 750/7) (from Ch. 134, par. 37)
| ||||||
20 | (Section scheduled to be repealed on December 31, 2023)
| ||||||
21 | Sec. 7.
The General Assembly finds that, because of | ||||||
22 | overlapping
jurisdiction of public agencies, public safety | ||||||
23 | agencies , and telephone
service areas, the Administrator, with | ||||||
24 | the advice and recommendation of the Statewide 9-1-1 Advisory | ||||||
25 | Board, shall establish a general overview or plan
to |
| |||||||
| |||||||
1 | effectuate the purposes of this Act within the time frame | ||||||
2 | provided in
this Act. The General Assembly further finds and | ||||||
3 | declares that direct dispatch should be used if possible to | ||||||
4 | shorten the time required for the public to request and | ||||||
5 | receive emergency aid. The Administrator shall minimize the | ||||||
6 | use of transfer, relay, and referral of an emergency call if | ||||||
7 | possible and encourage Backup PSAPs to be able to direct | ||||||
8 | dispatch. Transfer, relay, and referral of an emergency call | ||||||
9 | to an entity other than an answering point or the Illinois | ||||||
10 | State Police shall not be used in response to emergency calls | ||||||
11 | unless exigent circumstances exist. In order to insure that | ||||||
12 | proper preparation and implementation
of emergency telephone | ||||||
13 | systems are accomplished by all public agencies as required | ||||||
14 | under this Act, the Illinois State Police, with the
advice and | ||||||
15 | assistance of
the Attorney General, shall secure compliance by | ||||||
16 | public agencies as
provided in this Act.
| ||||||
17 | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; | ||||||
18 | revised 10-4-21.)
| ||||||
19 | (50 ILCS 750/8) (from Ch. 134, par. 38)
| ||||||
20 | (Section scheduled to be repealed on December 31, 2023)
| ||||||
21 | Sec. 8.
The Administrator, with the advice and | ||||||
22 | recommendation of the Statewide 9-1-1 Advisory Board, shall | ||||||
23 | coordinate the implementation of systems established under | ||||||
24 | this Act. To assist with this coordination, all systems | ||||||
25 | authorized to operate under this Act shall register with the |
| |||||||
| |||||||
1 | Administrator information regarding its composition and | ||||||
2 | organization, including, but not limited to, identification of | ||||||
3 | the
9-1-1 System Manager and all answering points. | ||||||
4 | Decommissioned PSAPs shall not be registered and are not part | ||||||
5 | of the 9-1-1 system in Illinois. The Illinois State Police may | ||||||
6 | adopt rules for the administration of this Section.
| ||||||
7 | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff 8-20-21; | ||||||
8 | revised 10-4-21.)
| ||||||
9 | (50 ILCS 750/10) (from Ch. 134, par. 40) | ||||||
10 | (Section scheduled to be repealed on December 31, 2023) | ||||||
11 | Sec. 10. (a) The Administrator, with the advice and | ||||||
12 | recommendation of the Statewide 9-1-1 Advisory Board, shall | ||||||
13 | establish uniform technical and operational standards for all | ||||||
14 | 9-1-1 systems in Illinois. All findings, orders, decisions, | ||||||
15 | rules, and regulations issued or promulgated by the Commission | ||||||
16 | under this Act or any other Act establishing or conferring | ||||||
17 | power on the Commission with respect to emergency | ||||||
18 | telecommunications services, shall continue in force. | ||||||
19 | Notwithstanding the provisions of this Section, where | ||||||
20 | applicable, the Administrator shall, with the advice and | ||||||
21 | recommendation of the Statewide 9-1-1 Advisory Board, amend | ||||||
22 | the Commission's findings, orders, decisions, rules, and | ||||||
23 | regulations to conform to the specific provisions of this Act | ||||||
24 | as soon as practicable after the effective date of this | ||||||
25 | amendatory Act of the 99th General Assembly. |
| |||||||
| |||||||
1 | (a-5) All 9-1-1 systems are responsible for complying with | ||||||
2 | the uniform technical and operational standards adopted by the | ||||||
3 | Administrator and the Illinois State Police with the advice | ||||||
4 | and recommendation of the Statewide 9-1-1 Advisory Board. | ||||||
5 | (b) The Illinois State Police may adopt emergency rules | ||||||
6 | necessary to implement the provisions of this amendatory Act | ||||||
7 | of the 99th General Assembly under subsection (t) of Section | ||||||
8 | 5-45 of the Illinois Administrative Procedure Act. | ||||||
9 | (c) Nothing in this Act shall deprive the Commission of | ||||||
10 | any authority to regulate the provision by telecommunication | ||||||
11 | carriers or 9-1-1 system service providers of | ||||||
12 | telecommunication or other services under the Public Utilities | ||||||
13 | Act. | ||||||
14 | (d) For rules that implicate both the regulation of 9-1-1 | ||||||
15 | authorities under this Act and the regulation of | ||||||
16 | telecommunication carriers and 9-1-1 system service providers | ||||||
17 | under the Public Utilities Act, the Illinois State Police and | ||||||
18 | the Commission may adopt joint rules necessary for | ||||||
19 | implementation. | ||||||
20 | (e) Any findings, orders, or decisions of the | ||||||
21 | Administrator under this Section shall be deemed a final | ||||||
22 | administrative decision and shall be subject to judicial | ||||||
23 | review under the Administrative Review Law. | ||||||
24 | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; | ||||||
25 | revised 10-5-21.)
|
| |||||||
| |||||||
1 | (50 ILCS 750/15.6)
| ||||||
2 | (Section scheduled to be repealed on December 31, 2023)
| ||||||
3 | Sec. 15.6. 9-1-1 service; business service.
| ||||||
4 | (a) After June 30, 2000, or within 18 months after 9-1-1 | ||||||
5 | service
becomes available, any entity that installs or | ||||||
6 | operates a private business
switch service and provides | ||||||
7 | telecommunications facilities or services to
businesses shall | ||||||
8 | assure that the system is connected to the public switched
| ||||||
9 | network in a manner that calls to 9-1-1 result in automatic | ||||||
10 | number and location
identification. For buildings having their | ||||||
11 | own street address and containing
workspace of 40,000 square | ||||||
12 | feet or less, location identification shall include
the | ||||||
13 | building's street address. For buildings having their own | ||||||
14 | street
address and containing workspace of more than 40,000 | ||||||
15 | square feet, location
identification shall include the | ||||||
16 | building's street address and one distinct
location | ||||||
17 | identification per 40,000 square feet of workspace. Separate
| ||||||
18 | buildings containing workspace of 40,000 square feet or less | ||||||
19 | having a common
public street address shall have a distinct | ||||||
20 | location identification for each
building in addition to the | ||||||
21 | street address.
| ||||||
22 | (b) Exemptions. Buildings containing workspace of more | ||||||
23 | than 40,000 square
feet are exempt from the multiple location | ||||||
24 | identification requirements of
subsection (a) if the building | ||||||
25 | maintains, at all times, alternative and
adequate means of | ||||||
26 | signaling and responding to emergencies. Those means shall
|
| |||||||
| |||||||
1 | include, but not be limited to, a telephone system that | ||||||
2 | provides the physical
location of 9-1-1 calls coming from | ||||||
3 | within the building. Health care
facilities are presumed to | ||||||
4 | meet the requirements of this paragraph if the
facilities are | ||||||
5 | staffed with medical or nursing personnel 24 hours per day and
| ||||||
6 | if an alternative means of providing information about the | ||||||
7 | source of an
emergency call exists. Buildings under this | ||||||
8 | exemption must provide 9-1-1
service that provides the | ||||||
9 | building's street address.
| ||||||
10 | Buildings containing workspace of more than 40,000 square | ||||||
11 | feet are exempt
from subsection (a) if the building maintains, | ||||||
12 | at all times, alternative and
adequate means of signaling and | ||||||
13 | responding to emergencies, including a
telephone system that | ||||||
14 | provides the location of a 9-1-1 call coming from within
the | ||||||
15 | building, and the building is serviced by its own medical, | ||||||
16 | fire and
security personnel. Buildings under this exemption | ||||||
17 | are subject to emergency
phone system certification by the | ||||||
18 | Administrator.
| ||||||
19 | Buildings in communities not serviced by 9-1-1 service are | ||||||
20 | exempt
from subsection (a).
| ||||||
21 | Correctional institutions and facilities, as defined in | ||||||
22 | subsection (d) of
Section 3-1-2 of the Unified Code of | ||||||
23 | Corrections, are exempt from subsection
(a).
| ||||||
24 | (c) This Act does not apply to any PBX telephone extension | ||||||
25 | that uses radio
transmissions to convey electrical signals | ||||||
26 | directly between the telephone
extension and the serving PBX.
|
| |||||||
| |||||||
1 | (d) An entity that violates this Section is guilty of a | ||||||
2 | business
offense and shall be fined not less than $1,000 and | ||||||
3 | not more than $5,000.
| ||||||
4 | (e) Nothing in this Section shall be
construed to preclude | ||||||
5 | the Attorney General on behalf of the Illinois State Police or | ||||||
6 | on
his or her own initiative, or any other interested person, | ||||||
7 | from seeking
judicial relief, by mandamus, injunction, or | ||||||
8 | otherwise, to compel compliance
with this Section.
| ||||||
9 | (f) The Illinois State Police may promulgate rules for the | ||||||
10 | administration of this
Section.
| ||||||
11 | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; | ||||||
12 | revised 10-14-21.)
| ||||||
13 | (50 ILCS 750/15.6a) | ||||||
14 | (Section scheduled to be repealed on December 31, 2023) | ||||||
15 | Sec. 15.6a. Wireless emergency 9-1-1 service. | ||||||
16 | (a) The digits "9-1-1" shall be the designated emergency | ||||||
17 | telephone number within the wireless system. | ||||||
18 | (b) The Illinois State Police may set non-discriminatory | ||||||
19 | and uniform technical and operational standards consistent | ||||||
20 | with the rules of the Federal Communications Commission for | ||||||
21 | directing calls to authorized public safety answering points. | ||||||
22 | These standards shall not in any way prescribe the technology | ||||||
23 | or manner a wireless carrier shall use to deliver wireless | ||||||
24 | 9-1-1 or wireless E9-1-1 calls, and these standards shall not | ||||||
25 | exceed the requirements set by the Federal Communications |
| |||||||
| |||||||
1 | Commission; however, standards for directing calls to the | ||||||
2 | authorized public safety answering point shall be included. | ||||||
3 | The authority given to the Illinois State Police in this | ||||||
4 | Section is limited to setting standards as set forth herein | ||||||
5 | and does not constitute authority to regulate wireless | ||||||
6 | carriers. | ||||||
7 | (c) For the purpose of providing wireless 9-1-1 emergency | ||||||
8 | services, an emergency telephone system board may declare its | ||||||
9 | intention for one or more of its public safety answering | ||||||
10 | points to serve as a primary wireless 9-1-1 public safety | ||||||
11 | answering point for its jurisdiction by notifying the | ||||||
12 | Administrator in writing within 6 months after receiving its | ||||||
13 | authority to operate a 9-1-1 system under this Act. In | ||||||
14 | addition, 2 or more emergency telephone system boards may, by | ||||||
15 | virtue of an intergovernmental agreement, provide wireless | ||||||
16 | 9-1-1 service. Until the jurisdiction comes into compliance | ||||||
17 | with Section 15.4a of this Act, the Illinois State Police | ||||||
18 | shall be the primary wireless 9-1-1 public safety answering | ||||||
19 | point for any jurisdiction that did not provide notice to the | ||||||
20 | Illinois Commerce Commission and the Illinois State Police | ||||||
21 | prior to January 1, 2016. | ||||||
22 | (d) The Administrator, upon a request from an emergency | ||||||
23 | telephone system board and with the advice and recommendation | ||||||
24 | of the Statewide 9-1-1 Advisory Board, may grant authority to | ||||||
25 | the emergency telephone system board to provide wireless 9-1-1 | ||||||
26 | service in areas for which the Illinois State Police has |
| |||||||
| |||||||
1 | accepted wireless 9-1-1 responsibility. The Administrator | ||||||
2 | shall maintain a current list of all 9-1-1 systems providing | ||||||
3 | wireless 9-1-1 service under this Act.
| ||||||
4 | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; | ||||||
5 | revised 10-14-21.) | ||||||
6 | (50 ILCS 750/15.6b) | ||||||
7 | (Section scheduled to be repealed on December 31, 2023) | ||||||
8 | Sec. 15.6b. Next Generation 9-1-1 service. | ||||||
9 | (a) The Administrator, with the advice and recommendation | ||||||
10 | of the Statewide 9-1-1 Advisory Board, shall develop and | ||||||
11 | implement a plan for a statewide Next Generation 9-1-1 | ||||||
12 | network. The Next Generation 9-1-1 network must be an Internet | ||||||
13 | protocol-based platform that at a minimum provides: | ||||||
14 | (1) improved 9-1-1 call delivery; | ||||||
15 | (2) enhanced interoperability; | ||||||
16 | (3) increased ease of communication between 9-1-1 | ||||||
17 | service providers, allowing immediate transfer of 9-1-1 | ||||||
18 | calls, caller information, photos, and other data | ||||||
19 | statewide; | ||||||
20 | (4) a hosted solution with redundancy built in; and | ||||||
21 | (5) compliance with the most current NENA Standards. | ||||||
22 | (b) By July 1, 2016, the Administrator, with the advice | ||||||
23 | and recommendation of the Statewide 9-1-1 Advisory Board, | ||||||
24 | shall design and issue a competitive request for a proposal to | ||||||
25 | secure the services of a consultant to complete a feasibility |
| |||||||
| |||||||
1 | study on the implementation of a statewide Next Generation | ||||||
2 | 9-1-1 network in Illinois. By July 1, 2017, the consultant | ||||||
3 | shall complete the feasibility study and make recommendations | ||||||
4 | as to the appropriate procurement approach for developing a | ||||||
5 | statewide Next Generation 9-1-1 network. | ||||||
6 | (c) Within 12 months of the final report from the | ||||||
7 | consultant under subsection (b) of this Section, the Illinois | ||||||
8 | State Police shall procure and finalize a contract with a | ||||||
9 | vendor certified under Section 13-900 of the Public Utilities | ||||||
10 | Act to establish a statewide Next Generation 9-1-1 network. | ||||||
11 | The Illinois State Police, in consultation with and subject to | ||||||
12 | the approval of the Chief Procurement Officer, may procure a | ||||||
13 | single contract or multiple contracts to implement the | ||||||
14 | provisions of this Section. A contract or contracts under this | ||||||
15 | subsection are not subject to the provisions of the Illinois | ||||||
16 | Procurement Code, except for Sections 20-60, 20-65, 20-70, and | ||||||
17 | 20-160 and Article 50 of that Code, provided that the Chief | ||||||
18 | Procurement Officer may, in writing with justification, waive | ||||||
19 | any certification required under Article 50 of the Illinois | ||||||
20 | Procurement Code. This exemption is inoperative 2 years from | ||||||
21 | June 3, 2021 ( the effective date of Public Act 102-9) this | ||||||
22 | Amendatory Act of the 102nd General Assembly . Within 18 months | ||||||
23 | of securing the contract, the vendor shall implement a Next | ||||||
24 | Generation 9-1-1 network that allows 9-1-1 systems providing | ||||||
25 | 9-1-1 service to Illinois residents to access the system | ||||||
26 | utilizing their current infrastructure if it meets the |
| |||||||
| |||||||
1 | standards adopted by the Illinois State Police.
| ||||||
2 | (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21; | ||||||
3 | 102-538, eff. 8-20-21; revised 10-12-21.) | ||||||
4 | (50 ILCS 750/17.5) | ||||||
5 | (Section scheduled to be repealed on December 31, 2023) | ||||||
6 | Sec. 17.5. Statewide 9-1-1 Call Directory. | ||||||
7 | (a) The General Assembly finds the following: | ||||||
8 | (1) Some 9-1-1 systems throughout this State do not | ||||||
9 | have a procedure in place to manually transfer 9-1-1 calls | ||||||
10 | originating within one 9-1-1 system's jurisdiction, but | ||||||
11 | which should properly be answered and dispatched by | ||||||
12 | another 9-1-1 system, to the appropriate 9-1-1 system for | ||||||
13 | answering and dispatch of first responders. | ||||||
14 | (2) On January 1, 2016, the General Assembly gave | ||||||
15 | oversight authority of 9-1-1 systems to the Illinois State | ||||||
16 | Police. | ||||||
17 | (3) Since that date, the Illinois State Police has | ||||||
18 | authorized individual 9-1-1 systems in counties and | ||||||
19 | municipalities to implement and upgrade 9-1-1 systems | ||||||
20 | throughout the State. | ||||||
21 | (b) The Illinois State Police shall prepare a directory of | ||||||
22 | all authorized 9-1-1 systems in the State. The directory shall | ||||||
23 | include an emergency 24/7 10-digit telephone number for all | ||||||
24 | primary public safety answering points located in each 9-1-1 | ||||||
25 | system to which 9-1-1 calls from another jurisdiction can be |
| |||||||
| |||||||
1 | transferred. This directory shall be made available to each | ||||||
2 | 9-1-1 authority for its use in establishing standard operating | ||||||
3 | procedures regarding calls outside its 9-1-1 jurisdiction. | ||||||
4 | (c) Each 9-1-1 system shall provide the Illinois State | ||||||
5 | Police with the following information: | ||||||
6 | (1) The name of the PSAP, a list of every | ||||||
7 | participating agency, and the county the PSAP is in, | ||||||
8 | including college and university public safety entities. | ||||||
9 | (2) The 24/7 10-digit emergency telephone number for | ||||||
10 | the dispatch agency to which 9-1-1 calls originating in | ||||||
11 | another 9-1-1 jurisdiction can be transferred to exchange | ||||||
12 | information. The emergency telephone number must be a | ||||||
13 | direct line that is not answered by an automated system | ||||||
14 | but rather is answered by a person. Each 9-1-1 system | ||||||
15 | shall provide the Illinois State Police with any changes | ||||||
16 | to the participating agencies and this number immediately | ||||||
17 | upon the change occurring. Each 9-1-1 system shall provide | ||||||
18 | the PSAP information and the 24/7 10-digit emergency | ||||||
19 | telephone number Illinois State Police's within 30 days of | ||||||
20 | June 3, 2021 ( the effective date of Public Act 102-9) this | ||||||
21 | amendatory Act of the 102nd General Assembly . | ||||||
22 | (3) The standard operating procedure describing the | ||||||
23 | manner in which the 9-1-1 system will transfer 9-1-1 calls | ||||||
24 | originating within its jurisdiction, but which should | ||||||
25 | properly be answered and dispatched by another 9-1-1 | ||||||
26 | system, to the appropriate 9-1-1 system. Each 9-1-1 system |
| |||||||
| |||||||
1 | shall provide the standard operating procedures to the | ||||||
2 | Manager of the Illinois State Police's 9-1-1 Program | ||||||
3 | within 180 days after July 1, 2017 ( the effective date of | ||||||
4 | Public Act 100-20) this amendatory Act of the 100th | ||||||
5 | General Assembly .
| ||||||
6 | (d) Unless exigent circumstances dictate otherwise, each | ||||||
7 | 9-1-1 system's public safety telecommunicators shall be | ||||||
8 | responsible for remaining on the line with the caller when a | ||||||
9 | 9-1-1 call originates within its jurisdiction to ensure the | ||||||
10 | 9-1-1 call is transferred to the appropriate authorized entity | ||||||
11 | for answer and dispatch until a public safety telecommunicator | ||||||
12 | is on the line and confirms jurisdiction for the call. | ||||||
13 | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; | ||||||
14 | revised 10-15-21.) | ||||||
15 | (50 ILCS 750/19) | ||||||
16 | (Section scheduled to be repealed on December 31, 2023) | ||||||
17 | Sec. 19. Statewide 9-1-1 Advisory Board. | ||||||
18 | (a) Beginning July 1, 2015, there is created the Statewide | ||||||
19 | 9-1-1 Advisory Board within the Illinois State Police. The | ||||||
20 | Board shall consist of the following 11 voting members: | ||||||
21 | (1) The Director of the Illinois State Police, or his | ||||||
22 | or her designee, who shall serve as chairman. | ||||||
23 | (2) The Executive Director of the Commission, or his | ||||||
24 | or her designee. | ||||||
25 | (3) Members Nine members appointed by the Governor as |
| |||||||
| |||||||
1 | follows: | ||||||
2 | (A) one member representing the Illinois chapter | ||||||
3 | of the National Emergency Number Association, or his | ||||||
4 | or her designee; | ||||||
5 | (B) one member representing the Illinois chapter | ||||||
6 | of the Association of Public-Safety Communications | ||||||
7 | Officials, or his or her designee; | ||||||
8 | (C) one member representing a county 9-1-1 system | ||||||
9 | from a county with a population of less than 37,000; | ||||||
10 | (C-5) one member representing a county 9-1-1 | ||||||
11 | system from a county with a population between 37,000 | ||||||
12 | and 100,000; | ||||||
13 | (D) one member representing a county 9-1-1 system | ||||||
14 | from a county with a population between 100,001 and | ||||||
15 | 250,000; | ||||||
16 | (E) one member representing a county 9-1-1 system | ||||||
17 | from a county with a population of more than 250,000; | ||||||
18 | (F) one member representing a municipal or | ||||||
19 | intergovernmental cooperative 9-1-1 system, excluding | ||||||
20 | any single municipality with a population over | ||||||
21 | 500,000; | ||||||
22 | (G) one member representing the Illinois | ||||||
23 | Association of Chiefs of Police; | ||||||
24 | (H) one member representing the Illinois Sheriffs' | ||||||
25 | Association; and | ||||||
26 | (I) one member representing the Illinois Fire |
| |||||||
| |||||||
1 | Chiefs Association. | ||||||
2 | The Governor shall appoint the following non-voting | ||||||
3 | members: (i) one member representing an incumbent local | ||||||
4 | exchange 9-1-1 system provider; (ii) one member representing a | ||||||
5 | non-incumbent local exchange 9-1-1 system provider; (iii) one | ||||||
6 | member representing a large wireless carrier; (iv) one member | ||||||
7 | representing an incumbent local exchange carrier; (v) one | ||||||
8 | member representing the Illinois Broadband and | ||||||
9 | Telecommunications Association; (vi) one member representing | ||||||
10 | the Illinois Broadband and Cable Association; and (vii) one | ||||||
11 | member representing the Illinois State Ambulance Association. | ||||||
12 | The Speaker of the House of Representatives, the Minority | ||||||
13 | Leader of the House of Representatives, the President of the | ||||||
14 | Senate, and the Minority Leader of the Senate may each appoint | ||||||
15 | a member of the General Assembly to temporarily serve as a | ||||||
16 | non-voting member of the Board during the 12 months prior to | ||||||
17 | the repeal date of this Act to discuss legislative initiatives | ||||||
18 | of the Board. | ||||||
19 | (b) The Governor shall make initial appointments to the | ||||||
20 | Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the | ||||||
21 | voting members appointed by the Governor shall serve an | ||||||
22 | initial term of 2 years, and the remaining voting members | ||||||
23 | appointed by the Governor shall serve an initial term of 3 | ||||||
24 | years. Thereafter, each appointment by the Governor shall be | ||||||
25 | for a term of 3 years. Non-voting members shall serve for a | ||||||
26 | term of 3 years. Vacancies shall be filled in the same manner |
| |||||||
| |||||||
1 | as the original appointment. Persons appointed to fill a | ||||||
2 | vacancy shall serve for the balance of the unexpired term. | ||||||
3 | Members of the Statewide 9-1-1 Advisory Board shall serve | ||||||
4 | without compensation. | ||||||
5 | (c) The 9-1-1 Services Advisory Board, as constituted on | ||||||
6 | June 1, 2015 without the legislative members, shall serve in | ||||||
7 | the role of the Statewide 9-1-1 Advisory Board until all | ||||||
8 | appointments of voting members have been made by the Governor | ||||||
9 | under subsection (a) of this Section. | ||||||
10 | (d) The Statewide 9-1-1 Advisory Board shall: | ||||||
11 | (1) advise the Illinois State Police and the Statewide | ||||||
12 | 9-1-1 Administrator on the oversight of 9-1-1 systems and | ||||||
13 | the development and implementation of a uniform statewide | ||||||
14 | 9-1-1 system; | ||||||
15 | (2) make recommendations to the Governor and the | ||||||
16 | General Assembly regarding improvements to 9-1-1 services | ||||||
17 | throughout the State; and | ||||||
18 | (3) exercise all other powers and duties provided in | ||||||
19 | this Act. | ||||||
20 | (e) The Statewide 9-1-1 Advisory Board shall submit to the | ||||||
21 | General Assembly a report by March 1 of each year providing an | ||||||
22 | update on the transition to a statewide 9-1-1 system and | ||||||
23 | recommending any legislative action. | ||||||
24 | (f) The Illinois State Police shall provide administrative | ||||||
25 | support to the Statewide 9-1-1 Advisory Board.
| ||||||
26 | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; |
| |||||||
| |||||||
1 | revised 10-15-21.) | ||||||
2 | (50 ILCS 750/20) | ||||||
3 | (Section scheduled to be repealed on December 31, 2023) | ||||||
4 | Sec. 20. Statewide surcharge. | ||||||
5 | (a) On and after January 1, 2016, and except with respect | ||||||
6 | to those customers who are subject to surcharges as provided | ||||||
7 | in Sections 15.3 and 15.3a of this Act, a monthly surcharge | ||||||
8 | shall be imposed on all customers of telecommunications | ||||||
9 | carriers and wireless carriers as follows: | ||||||
10 | (1) Each telecommunications carrier shall impose a | ||||||
11 | monthly surcharge per network connection; provided, | ||||||
12 | however, the monthly surcharge shall not apply to a | ||||||
13 | network connection provided for use with pay telephone | ||||||
14 | services. Where multiple voice grade communications | ||||||
15 | channels are connected between the subscriber's premises | ||||||
16 | and a public switched network through private branch | ||||||
17 | exchange (PBX), Centrex type service, or other multiple | ||||||
18 | voice grade communication channels facility, there shall | ||||||
19 | be imposed 5 such surcharges per network connection for | ||||||
20 | both regular service and advanced service provisioned | ||||||
21 | trunk lines. Until December 31, 2017, the surcharge shall | ||||||
22 | be $0.87 per network connection and on and after January | ||||||
23 | 1, 2018, the surcharge shall be $1.50 per network | ||||||
24 | connection. | ||||||
25 | (2) Each wireless carrier shall impose and collect a |
| |||||||
| |||||||
1 | monthly surcharge per CMRS connection that either has a | ||||||
2 | telephone number within an area code assigned to Illinois | ||||||
3 | by the North American Numbering Plan Administrator or has | ||||||
4 | a billing address in this State. Until December 31, 2017, | ||||||
5 | the surcharge shall be $0.87 per connection and on and | ||||||
6 | after January 1, 2018, the surcharge shall be $1.50 per | ||||||
7 | connection. | ||||||
8 | (b) State and local taxes shall not apply to the | ||||||
9 | surcharges imposed under this Section. | ||||||
10 | (c) The surcharges imposed by this Section shall be stated | ||||||
11 | as a separately stated item on subscriber bills. | ||||||
12 | (d) The telecommunications carrier collecting the | ||||||
13 | surcharge may deduct and retain 1.74% of the gross amount of | ||||||
14 | surcharge collected to reimburse the telecommunications | ||||||
15 | carrier for the expense of accounting and collecting the | ||||||
16 | surcharge. On and after July 1, 2022, the wireless carrier | ||||||
17 | collecting a surcharge under this Section may deduct and | ||||||
18 | retain 1.74% of the gross amount of the surcharge collected to | ||||||
19 | reimburse the wireless carrier for the expense of accounting | ||||||
20 | and collecting the surcharge. | ||||||
21 | (d-5) Notwithstanding the provisions of subsection (d) of | ||||||
22 | this Section, an amount not greater than 2.5% may be deducted | ||||||
23 | and retained if the telecommunications or wireless carrier can | ||||||
24 | support , through documentation, expenses that exceed the 1.74% | ||||||
25 | allowed. The documentation shall be submitted to the Illinois | ||||||
26 | State Police and input obtained from the Statewide 9-1-1 |
| |||||||
| |||||||
1 | Advisory Board prior to approval of the deduction. | ||||||
2 | (e) Surcharges imposed under this Section shall be | ||||||
3 | collected by the carriers and shall be remitted to the | ||||||
4 | Illinois State Police, either by check or electronic funds | ||||||
5 | transfer, by the end of the next calendar month after the | ||||||
6 | calendar month in which it was collected for deposit into the | ||||||
7 | Statewide 9-1-1 Fund. Carriers are not required to remit | ||||||
8 | surcharge moneys that are billed to subscribers but not yet | ||||||
9 | collected. | ||||||
10 | The first remittance by wireless carriers shall include | ||||||
11 | the number of subscribers by zip code, and the 9-digit zip code | ||||||
12 | if currently being used or later implemented by the carrier, | ||||||
13 | that shall be the means by which the Illinois State Police | ||||||
14 | shall determine distributions from the Statewide 9-1-1 Fund. | ||||||
15 | This information shall be updated at least once each year. Any | ||||||
16 | carrier that fails to provide the zip code information | ||||||
17 | required under this subsection (e) shall be subject to the | ||||||
18 | penalty set forth in subsection (g) of this Section. | ||||||
19 | (f) If, within 8 calendar days after it is due under | ||||||
20 | subsection (e) of this Section, a carrier does not remit the | ||||||
21 | surcharge or any portion thereof required under this Section, | ||||||
22 | then the surcharge or portion thereof shall be deemed | ||||||
23 | delinquent until paid in full, and the Illinois State Police | ||||||
24 | may impose a penalty against the carrier in an amount equal to | ||||||
25 | the greater of: | ||||||
26 | (1) $25 for each month or portion of a month from the |
| |||||||
| |||||||
1 | time an amount becomes delinquent until the amount is paid | ||||||
2 | in full; or | ||||||
3 | (2) an amount equal to the product of 1% and the sum of | ||||||
4 | all delinquent amounts for each month or portion of a | ||||||
5 | month that the delinquent amounts remain unpaid. | ||||||
6 | A penalty imposed in accordance with this subsection (f) | ||||||
7 | for a portion of a month during which the carrier pays the | ||||||
8 | delinquent amount in full shall be prorated for each day of | ||||||
9 | that month that the delinquent amount was paid in full. Any | ||||||
10 | penalty imposed under this subsection (f) is in addition to | ||||||
11 | the amount of the delinquency and is in addition to any other | ||||||
12 | penalty imposed under this Section. | ||||||
13 | (g) If, within 8 calendar days after it is due, a wireless | ||||||
14 | carrier does not provide the number of subscribers by zip code | ||||||
15 | as required under subsection (e) of this Section, then the | ||||||
16 | report is deemed delinquent and the Illinois State Police may | ||||||
17 | impose a penalty against the carrier in an amount equal to the | ||||||
18 | greater of: | ||||||
19 | (1) $25 for each month or portion of a month that the | ||||||
20 | report is delinquent; or | ||||||
21 | (2) an amount equal to the product of $0.01 and the | ||||||
22 | number of subscribers served by the carrier for each month | ||||||
23 | or portion of a month that the delinquent report is not | ||||||
24 | provided. | ||||||
25 | A penalty imposed in accordance with this subsection (g) | ||||||
26 | for a portion of a month during which the carrier provides the |
| |||||||
| |||||||
1 | number of subscribers by zip code as required under subsection | ||||||
2 | (e) of this Section shall be prorated for each day of that | ||||||
3 | month during which the carrier had not provided the number of | ||||||
4 | subscribers by zip code as required under subsection (e) of | ||||||
5 | this Section. Any penalty imposed under this subsection (g) is | ||||||
6 | in addition to any other penalty imposed under this Section. | ||||||
7 | (h) A penalty imposed and collected in accordance with | ||||||
8 | subsection (f) or (g) of this Section shall be deposited into | ||||||
9 | the Statewide 9-1-1 Fund for distribution according to Section | ||||||
10 | 30 of this Act. | ||||||
11 | (i) The Illinois State Police may enforce the collection | ||||||
12 | of any delinquent amount and any penalty due and unpaid under | ||||||
13 | this Section by legal action or in any other manner by which | ||||||
14 | the collection of debts due the State of Illinois may be | ||||||
15 | enforced under the laws of this State. The Illinois State | ||||||
16 | Police may excuse the payment of any penalty imposed under | ||||||
17 | this Section if the Administrator determines that the | ||||||
18 | enforcement of this penalty is unjust. | ||||||
19 | (j) Notwithstanding any provision of law to the contrary, | ||||||
20 | nothing shall impair the right of wireless carriers to recover | ||||||
21 | compliance costs for all emergency communications services | ||||||
22 | that are not reimbursed out of the Wireless Carrier | ||||||
23 | Reimbursement Fund directly from their wireless subscribers by | ||||||
24 | line-item charges on the wireless subscriber's bill. Those | ||||||
25 | compliance costs include all costs incurred by wireless | ||||||
26 | carriers in complying with local, State, and federal |
| |||||||
| |||||||
1 | regulatory or legislative mandates that require the | ||||||
2 | transmission and receipt of emergency communications to and | ||||||
3 | from the general public, including, but not limited to, | ||||||
4 | E9-1-1.
| ||||||
5 | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; | ||||||
6 | revised 10-26-21.) | ||||||
7 | (50 ILCS 750/30) | ||||||
8 | (Section scheduled to be repealed on December 31, 2023) | ||||||
9 | Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement. | ||||||
10 | (a) A special fund in the State treasury known as the | ||||||
11 | Wireless Service Emergency Fund shall be renamed the Statewide | ||||||
12 | 9-1-1 Fund. Any appropriations made from the Wireless Service | ||||||
13 | Emergency Fund shall be payable from the Statewide 9-1-1 Fund. | ||||||
14 | The Fund shall consist of the following: | ||||||
15 | (1) 9-1-1 wireless surcharges assessed under the | ||||||
16 | Wireless Emergency Telephone Safety Act. | ||||||
17 | (2) 9-1-1 surcharges assessed under Section 20 of this | ||||||
18 | Act. | ||||||
19 | (3) Prepaid wireless 9-1-1 surcharges assessed under | ||||||
20 | Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act. | ||||||
21 | (4) Any appropriations, grants, or gifts made to the | ||||||
22 | Fund. | ||||||
23 | (5) Any income from interest, premiums, gains, or | ||||||
24 | other earnings on moneys in the Fund. | ||||||
25 | (6) Money from any other source that is deposited in |
| |||||||
| |||||||
1 | or transferred to the Fund. | ||||||
2 | (b) Subject to appropriation and availability of funds, | ||||||
3 | the Illinois State Police shall distribute the 9-1-1 | ||||||
4 | surcharges monthly as follows: | ||||||
5 | (1) From each surcharge collected and remitted under | ||||||
6 | Section 20 of this Act: | ||||||
7 | (A) $0.013 shall be distributed monthly in equal | ||||||
8 | amounts to each County Emergency Telephone System | ||||||
9 | Board in counties with a population under 100,000 | ||||||
10 | according to the most recent census data which is | ||||||
11 | authorized to serve as a primary wireless 9-1-1 public | ||||||
12 | safety answering point for the county and to provide | ||||||
13 | wireless 9-1-1 service as prescribed by subsection (b) | ||||||
14 | of Section 15.6a of this Act, and which does provide | ||||||
15 | such service. | ||||||
16 | (B) $0.033 shall be transferred by the Comptroller | ||||||
17 | at the direction of the Illinois State Police to the | ||||||
18 | Wireless Carrier Reimbursement Fund until June 30, | ||||||
19 | 2017; from July 1, 2017 through June 30, 2018, $0.026 | ||||||
20 | shall be transferred; from July 1, 2018 through June | ||||||
21 | 30, 2019, $0.020 shall be transferred; from July 1, | ||||||
22 | 2019, through June 30, 2020, $0.013 shall be | ||||||
23 | transferred; from July 1, 2020 through June 30, 2021, | ||||||
24 | $0.007 will be transferred; and after June 30, 2021, | ||||||
25 | no transfer shall be made to the Wireless Carrier | ||||||
26 | Reimbursement Fund. |
| |||||||
| |||||||
1 | (C) Until December 31, 2017, $0.007 and on and | ||||||
2 | after January 1, 2018, $0.017 shall be used to cover | ||||||
3 | the Illinois State Police's administrative costs. | ||||||
4 | (D) Beginning January 1, 2018, until June 30, | ||||||
5 | 2020, $0.12, and on and after July 1, 2020, $0.04 shall | ||||||
6 | be used to make monthly proportional grants to the | ||||||
7 | appropriate 9-1-1 Authority currently taking wireless | ||||||
8 | 9-1-1 based upon the United States Postal Zip Code of | ||||||
9 | the billing addresses of subscribers wireless | ||||||
10 | carriers. | ||||||
11 | (E) Until June 30, 2023, $0.05 shall be used by the | ||||||
12 | Illinois State Police for grants for NG9-1-1 expenses, | ||||||
13 | with priority given to 9-1-1 Authorities that provide | ||||||
14 | 9-1-1 service within the territory of a Large Electing | ||||||
15 | Provider as defined in Section 13-406.1 of the Public | ||||||
16 | Utilities Act. | ||||||
17 | (F) On and after July 1, 2020, $0.13 shall be used | ||||||
18 | for the implementation of and continuing expenses for | ||||||
19 | the Statewide NG9-1-1 system. | ||||||
20 | (2) After disbursements under paragraph (1) of this | ||||||
21 | subsection (b), all remaining funds in the Statewide 9-1-1 | ||||||
22 | Fund shall be disbursed in the following priority order: | ||||||
23 | (A) The Fund shall pay monthly to: | ||||||
24 | (i) the 9-1-1 Authorities that imposed | ||||||
25 | surcharges under Section 15.3 of this Act and were | ||||||
26 | required to report to the Illinois Commerce |
| |||||||
| |||||||
1 | Commission under Section 27 of the Wireless | ||||||
2 | Emergency Telephone Safety Act on October 1, 2014, | ||||||
3 | except a 9-1-1 Authority in a municipality with a | ||||||
4 | population in excess of 500,000, an amount equal | ||||||
5 | to the average monthly wireline and VoIP surcharge | ||||||
6 | revenue attributable to the most recent 12-month | ||||||
7 | period reported to the Illinois State Police under | ||||||
8 | that Section for the October 1, 2014 filing, | ||||||
9 | subject to the power of the Illinois State Police | ||||||
10 | to investigate the amount reported and adjust the | ||||||
11 | number by order under Article X of the Public | ||||||
12 | Utilities Act, so that the monthly amount paid | ||||||
13 | under this item accurately reflects one-twelfth of | ||||||
14 | the aggregate wireline and VoIP surcharge revenue | ||||||
15 | properly attributable to the most recent 12-month | ||||||
16 | period reported to the Commission; or | ||||||
17 | (ii) county qualified governmental entities | ||||||
18 | that did not impose a surcharge under Section 15.3 | ||||||
19 | as of December 31, 2015, and counties that did not | ||||||
20 | impose a surcharge as of June 30, 2015, an amount | ||||||
21 | equivalent to their population multiplied by .37 | ||||||
22 | multiplied by the rate of $0.69; counties that are | ||||||
23 | not county qualified governmental entities and | ||||||
24 | that did not impose a surcharge as of December 31, | ||||||
25 | 2015, shall not begin to receive the payment | ||||||
26 | provided for in this subsection until E9-1-1 and |
| |||||||
| |||||||
1 | wireless E9-1-1 services are provided within their | ||||||
2 | counties; or | ||||||
3 | (iii) counties without 9-1-1 service that had | ||||||
4 | a surcharge in place by December 31, 2015, an | ||||||
5 | amount equivalent to their population multiplied | ||||||
6 | by .37 multiplied by their surcharge rate as | ||||||
7 | established by the referendum. | ||||||
8 | (B) All 9-1-1 network costs for systems outside of | ||||||
9 | municipalities with a population of at least 500,000 | ||||||
10 | shall be paid by the Illinois State Police directly to | ||||||
11 | the vendors. | ||||||
12 | (C) All expenses incurred by the Administrator and | ||||||
13 | the Statewide 9-1-1 Advisory Board and costs | ||||||
14 | associated with procurement under Section 15.6b | ||||||
15 | including requests for information and requests for | ||||||
16 | proposals. | ||||||
17 | (D) Funds may be held in reserve by the Statewide | ||||||
18 | 9-1-1 Advisory Board and disbursed by the Illinois | ||||||
19 | State Police for grants under Section 15.4b of this | ||||||
20 | Act and for NG9-1-1 expenses up to $12.5 million per | ||||||
21 | year in State fiscal years 2016 and 2017; up to $20 | ||||||
22 | million in State fiscal year 2018; up to $20.9 million | ||||||
23 | in State fiscal year 2019; up to $15.3 million in State | ||||||
24 | fiscal year 2020; up to $16.2 million in State fiscal | ||||||
25 | year 2021; up to $23.1 million in State fiscal year | ||||||
26 | 2022; and up to $17.0 million per year for State fiscal |
| |||||||
| |||||||
1 | year 2023 and each year thereafter. The amount held in | ||||||
2 | reserve in State fiscal years 2021, 2022, and 2023 | ||||||
3 | shall not be less than $6.5 million. Disbursements | ||||||
4 | under this subparagraph (D) shall be prioritized as | ||||||
5 | follows: (i) consolidation grants prioritized under | ||||||
6 | subsection (a) of Section 15.4b of this Act; (ii) | ||||||
7 | NG9-1-1 expenses; and (iii) consolidation grants under | ||||||
8 | Section 15.4b of this Act for consolidation expenses | ||||||
9 | incurred between January 1, 2010, and January 1, 2016. | ||||||
10 | (E) All remaining funds per remit month shall be | ||||||
11 | used to make monthly proportional grants to the | ||||||
12 | appropriate 9-1-1 Authority currently taking wireless | ||||||
13 | 9-1-1 based upon the United States Postal Zip Code of | ||||||
14 | the billing addresses of subscribers of wireless | ||||||
15 | carriers. | ||||||
16 | (c) The moneys deposited into the Statewide 9-1-1 Fund | ||||||
17 | under this Section shall not be subject to administrative | ||||||
18 | charges or chargebacks unless otherwise authorized by this | ||||||
19 | Act. | ||||||
20 | (d) Whenever two or more 9-1-1 Authorities consolidate, | ||||||
21 | the resulting Joint Emergency Telephone System Board shall be | ||||||
22 | entitled to the monthly payments that had theretofore been | ||||||
23 | made to each consolidating 9-1-1 Authority. Any reserves held | ||||||
24 | by any consolidating 9-1-1 Authority shall be transferred to | ||||||
25 | the resulting Joint Emergency Telephone System Board. Whenever | ||||||
26 | a county that has no 9-1-1 service as of January 1, 2016 enters |
| |||||||
| |||||||
1 | into an agreement to consolidate to create or join a Joint | ||||||
2 | Emergency Telephone System Board, the Joint Emergency | ||||||
3 | Telephone System Board shall be entitled to the monthly | ||||||
4 | payments that would have otherwise been paid to the county if | ||||||
5 | it had provided 9-1-1 service.
| ||||||
6 | (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21; | ||||||
7 | 102-538, eff. 8-20-21; revised 10-5-21.) | ||||||
8 | (50 ILCS 750/40) | ||||||
9 | (Section scheduled to be repealed on December 31, 2023) | ||||||
10 | Sec. 40. Financial reports. | ||||||
11 | (a) The Illinois State Police shall create uniform | ||||||
12 | accounting procedures, with such modification as may be | ||||||
13 | required to give effect to statutory provisions applicable | ||||||
14 | only to municipalities with a population in excess of 500,000, | ||||||
15 | that any emergency telephone system board or unit of local | ||||||
16 | government receiving surcharge money pursuant to Section 15.3, | ||||||
17 | 15.3a, or 30 of this Act must follow. | ||||||
18 | (b) By January 31, 2018, and every January 31 thereafter, | ||||||
19 | each emergency telephone system board or unit of local | ||||||
20 | government receiving surcharge money pursuant to Section 15.3, | ||||||
21 | 15.3a, or 30 shall report to the Illinois State Police audited | ||||||
22 | financial statements showing total revenue and expenditures | ||||||
23 | for the period beginning with the end of the period covered by | ||||||
24 | the last submitted report through the end of the previous | ||||||
25 | calendar year in a form and manner as prescribed by the |
| |||||||
| |||||||
1 | Illinois State Police. Such financial information shall | ||||||
2 | include: | ||||||
3 | (1) a detailed summary of revenue from all sources | ||||||
4 | including, but not limited to, local, State, federal, and | ||||||
5 | private revenues, and any other funds received; | ||||||
6 | (2) all expenditures made during the reporting period | ||||||
7 | from distributions under this Act; | ||||||
8 | (3) call data and statistics, when available, from the | ||||||
9 | reporting period, as specified by the Illinois State | ||||||
10 | Police and collected in accordance with any reporting | ||||||
11 | method established or required by the Illinois State | ||||||
12 | Police; | ||||||
13 | (4) all costs associated with dispatching appropriate | ||||||
14 | public safety agencies to respond to 9-1-1 calls received | ||||||
15 | by the PSAP; and | ||||||
16 | (5) all funding sources and amounts of funding used | ||||||
17 | for costs described in paragraph (4) of this subsection | ||||||
18 | (b). | ||||||
19 | The emergency telephone system board or unit of local | ||||||
20 | government is responsible for any costs associated with | ||||||
21 | auditing such financial statements. The Illinois State Police | ||||||
22 | shall post the audited financial statements on the Illinois | ||||||
23 | State Police's website. | ||||||
24 | (c) Along with its audited financial statement, each | ||||||
25 | emergency telephone system board or unit of local government | ||||||
26 | receiving a grant under Section 15.4b of this Act shall |
| |||||||
| |||||||
1 | include a report of the amount of grant moneys received and how | ||||||
2 | the grant moneys were used. In case of a conflict between this | ||||||
3 | requirement and the Grant Accountability and Transparency Act, | ||||||
4 | or with the rules of the Governor's Office of Management and | ||||||
5 | Budget adopted thereunder, that Act and those rules shall | ||||||
6 | control. | ||||||
7 | (d) If an emergency telephone system board that receives | ||||||
8 | funds from the Statewide 9-1-1 Fund fails to file the 9-1-1 | ||||||
9 | system financial reports as required under this Section, the | ||||||
10 | Illinois State Police shall suspend and withhold monthly | ||||||
11 | disbursements otherwise due to the emergency telephone system | ||||||
12 | board under Section 30 of this Act until the report is filed. | ||||||
13 | Any monthly disbursements that have been withheld for 12 | ||||||
14 | months or more shall be forfeited by the emergency telephone | ||||||
15 | system board and shall be distributed proportionally by the | ||||||
16 | Illinois State Police to compliant emergency telephone system | ||||||
17 | boards that receive funds from the Statewide 9-1-1 Fund. | ||||||
18 | Any emergency telephone system board not in compliance | ||||||
19 | with this Section shall be ineligible to receive any | ||||||
20 | consolidation grant or infrastructure grant issued under this | ||||||
21 | Act. | ||||||
22 | (e) The Illinois State Police may adopt emergency rules | ||||||
23 | necessary to implement the provisions of this Section.
| ||||||
24 | (f) Any findings or decisions of the Illinois State Police | ||||||
25 | under this Section shall be deemed a final administrative | ||||||
26 | decision and shall be subject to judicial review under the |
| |||||||
| |||||||
1 | Administrative Review Law. | ||||||
2 | (g) Beginning October 1, 2017, the Illinois State Police | ||||||
3 | shall provide a quarterly report to the Statewide 9-1-1 | ||||||
4 | Advisory Board of its expenditures from the Statewide 9-1-1 | ||||||
5 | Fund for the prior fiscal quarter. | ||||||
6 | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; | ||||||
7 | revised 10-18-21.) | ||||||
8 | Section 290. The Counties Code is amended by changing | ||||||
9 | Sections 3-9008 and 5-1069.3 and by setting forth, | ||||||
10 | renumbering, and changing multiple
versions of Section 5-1186 | ||||||
11 | as follows:
| ||||||
12 | (55 ILCS 5/3-9008) (from Ch. 34, par. 3-9008)
| ||||||
13 | Sec. 3-9008. Appointment of attorney to perform duties. | ||||||
14 | (a) (Blank). | ||||||
15 | (a-5) The court on its own motion, or an interested person | ||||||
16 | in a cause or proceeding, civil or criminal, may file a | ||||||
17 | petition alleging that the State's Attorney is sick, absent, | ||||||
18 | or unable to fulfill the State's Attorney's duties. The court | ||||||
19 | shall consider the petition, any documents filed in response, | ||||||
20 | and if necessary, grant a hearing to determine whether the | ||||||
21 | State's Attorney is sick, absent, or otherwise unable to | ||||||
22 | fulfill the State's Attorney's duties. If the court finds that | ||||||
23 | the State's Attorney is sick, absent, or otherwise unable to | ||||||
24 | fulfill the State's Attorney's duties, the court may appoint |
| |||||||
| |||||||
1 | some competent attorney to prosecute or defend the cause or | ||||||
2 | proceeding. | ||||||
3 | (a-10) The court on its own motion, or an interested | ||||||
4 | person in a cause, proceeding, or other matter arising under | ||||||
5 | the State's Attorney's duties, civil or criminal, may file a | ||||||
6 | petition alleging that the State's Attorney has an actual | ||||||
7 | conflict of interest in the cause, proceeding, or other | ||||||
8 | matter. The court shall consider the petition, any documents | ||||||
9 | filed in response, and if necessary, grant a hearing to | ||||||
10 | determine whether the State's Attorney has an actual conflict | ||||||
11 | of interest in the cause, proceeding, or other matter. If the | ||||||
12 | court finds that the petitioner has proven by sufficient facts | ||||||
13 | and evidence that the State's Attorney has an actual conflict | ||||||
14 | of interest in a specific case, the court may appoint some | ||||||
15 | competent attorney to prosecute or defend the cause, | ||||||
16 | proceeding, or other matter. | ||||||
17 | (a-15) Notwithstanding subsections (a-5) and (a-10) of | ||||||
18 | this Section, the State's Attorney may file a petition to | ||||||
19 | recuse the State's Attorney from a cause or proceeding for any | ||||||
20 | other reason the State's Attorney deems appropriate and the | ||||||
21 | court shall appoint a special prosecutor as provided in this | ||||||
22 | Section. | ||||||
23 | (a-20) Prior to appointing a private attorney under this | ||||||
24 | Section, the court shall contact public agencies, including, | ||||||
25 | but not limited to, the Office of Attorney General, Office of | ||||||
26 | the State's Attorneys Appellate Prosecutor, or local State's |
| |||||||
| |||||||
1 | Attorney's Offices throughout the State, to determine a public | ||||||
2 | prosecutor's availability to serve as a special prosecutor at | ||||||
3 | no cost to the county and shall appoint a public agency if they | ||||||
4 | are able and willing to accept the appointment. An attorney so | ||||||
5 | appointed shall have the same power and authority in relation | ||||||
6 | to the cause or proceeding as the State's Attorney would have | ||||||
7 | if present and attending to the cause or proceedings. | ||||||
8 | (b) In case of a vacancy of more than one year
occurring in | ||||||
9 | any county in the office of State's attorney, by death,
| ||||||
10 | resignation or otherwise, and it becomes necessary for the | ||||||
11 | transaction
of the public business, that some competent | ||||||
12 | attorney act as State's
attorney in and for such county during | ||||||
13 | the period between the time of
the occurrence of such vacancy | ||||||
14 | and the election and qualification of a
State's attorney, as | ||||||
15 | provided by law, the vacancy shall be filled upon
the written | ||||||
16 | request of a majority of the circuit judges of the circuit
in | ||||||
17 | which is located the county where such vacancy exists, by | ||||||
18 | appointment
as provided in the Election Code of some competent | ||||||
19 | attorney to perform
and discharge all the duties of a State's | ||||||
20 | attorney in the said county,
such appointment and all | ||||||
21 | authority thereunder to cease upon the election
and | ||||||
22 | qualification of a State's attorney, as provided by law. Any
| ||||||
23 | attorney appointed for any reason under this Section shall
| ||||||
24 | possess all the powers and discharge all the
duties of a | ||||||
25 | regularly elected State's attorney under the laws of the
State | ||||||
26 | to the extent necessary to fulfill the purpose of such
|
| |||||||
| |||||||
1 | appointment, and shall be paid by the county the State's | ||||||
2 | Attorney serves not to exceed in
any one period of 12 months, | ||||||
3 | for the reasonable amount of time actually
expended in | ||||||
4 | carrying out the purpose of such appointment, the same | ||||||
5 | compensation
as provided by law for the State's attorney of | ||||||
6 | the county, apportioned,
in the case of lesser amounts of | ||||||
7 | compensation,
as to the time of service reasonably and | ||||||
8 | actually expended. The county shall participate in all | ||||||
9 | agreements on the rate of compensation of a special | ||||||
10 | prosecutor.
| ||||||
11 | (c) An order granting authority to a special prosecutor | ||||||
12 | must be construed strictly and narrowly by the court. The | ||||||
13 | power and authority of a special prosecutor shall not be | ||||||
14 | expanded without prior notice to the county. In the case of the | ||||||
15 | proposed expansion of a special prosecutor's power and | ||||||
16 | authority, a county may provide the court with information on | ||||||
17 | the financial impact of an expansion on the county. Prior to | ||||||
18 | the signing of an order requiring a county to pay for | ||||||
19 | attorney's fees or litigation expenses, the county shall be | ||||||
20 | provided with a detailed copy of the invoice describing the | ||||||
21 | fees, and the invoice shall include all activities performed | ||||||
22 | in relation to the case and the amount of time spent on each | ||||||
23 | activity. | ||||||
24 | (Source: P.A. 102-56, eff. 7-9-21; 102-657, eff. 1-1-22; | ||||||
25 | revised 10-18-21.)
|
| |||||||
| |||||||
1 | (55 ILCS 5/5-1069.3)
| ||||||
2 | Sec. 5-1069.3. Required health benefits. If a county, | ||||||
3 | including a home
rule
county, is a self-insurer for purposes | ||||||
4 | of providing health insurance coverage
for its employees, the | ||||||
5 | coverage shall include coverage for the post-mastectomy
care | ||||||
6 | benefits required to be covered by a policy of accident and | ||||||
7 | health
insurance under Section 356t and the coverage required | ||||||
8 | under Sections 356g, 356g.5, 356g.5-1, 356q, 356u,
356w, 356x, | ||||||
9 | 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, | ||||||
10 | 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, | ||||||
11 | 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, | ||||||
12 | 356z.45, 356z.46, 356z.47, 356z.48, and 356z.51 and 356z.43 of
| ||||||
13 | the Illinois Insurance Code. The coverage shall comply with | ||||||
14 | Sections 155.22a, 355b, 356z.19, and 370c of
the Illinois | ||||||
15 | Insurance Code. The Department of Insurance shall enforce the | ||||||
16 | requirements of this Section. The requirement that health | ||||||
17 | benefits be covered
as provided in this Section is an
| ||||||
18 | exclusive power and function of the State and is a denial and | ||||||
19 | limitation under
Article VII, Section 6, subsection (h) of the | ||||||
20 | Illinois Constitution. A home
rule county to which this | ||||||
21 | Section applies must comply with every provision of
this | ||||||
22 | Section.
| ||||||
23 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
24 | any, is conditioned on the rules being adopted in accordance | ||||||
25 | with all provisions of the Illinois Administrative Procedure | ||||||
26 | Act and all rules and procedures of the Joint Committee on |
| |||||||
| |||||||
1 | Administrative Rules; any purported rule not so adopted, for | ||||||
2 | whatever reason, is unauthorized. | ||||||
3 | (Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20; | ||||||
4 | 101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff. | ||||||
5 | 1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, | ||||||
6 | eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; | ||||||
7 | 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; revised | ||||||
8 | 10-26-21.) | ||||||
9 | (55 ILCS 5/5-1186) | ||||||
10 | Sec. 5-1186. Kane County criminal courts complex drug | ||||||
11 | treatment center. Notwithstanding any other provision of law: | ||||||
12 | (1) A private drug addiction treatment center may | ||||||
13 | operate on the property transferred to Kane County in | ||||||
14 | Public Act 86-729. | ||||||
15 | (2) Kane County may lease portions of the property | ||||||
16 | transferred to the County in Public Act 86-729 to a | ||||||
17 | not-for-profit or for-profit company for a drug addiction | ||||||
18 | treatment center. Kane County may share in the drug | ||||||
19 | addiction treatment center revenue with a company to whom | ||||||
20 | it leases the property. | ||||||
21 | (3) Kane County may authorize the expenditure of funds | ||||||
22 | for a private drug addiction treatment center on the | ||||||
23 | property transferred to the County in Public Act 86-729.
| ||||||
24 | (Source: P.A. 102-281, eff. 8-6-21.)
|
| |||||||
| |||||||
1 | (55 ILCS 5/5-1187)
| ||||||
2 | Sec. 5-1187 5-1186 . COVID-19 business relief; waiver of | ||||||
3 | business fees, costs, and licensing. Notwithstanding any other | ||||||
4 | provision of law, a county board or board of county | ||||||
5 | commissioners may, by resolution, waive or provide credit for | ||||||
6 | any application or permit costs, fees , or other licensing or | ||||||
7 | registration costs for businesses, including, but not limited | ||||||
8 | to, professional or business licensing, liquor licenses, | ||||||
9 | construction, insurance, sales, builders, contractors, food | ||||||
10 | service, delivery, repair, consultation, legal services, | ||||||
11 | accounting, transportation, manufacturing, technology, | ||||||
12 | assembly, tourism, entertainment, or any business, industry, | ||||||
13 | or service the county is permitted by law to regulate or | ||||||
14 | license. | ||||||
15 | A waiver of business fees or costs shall be subject to an | ||||||
16 | application or review process and a demonstration of need | ||||||
17 | based upon any financial or logistical hardship as a result of | ||||||
18 | the COVID-19 pandemic. | ||||||
19 | Any such waiver or credit shall not be construed to apply | ||||||
20 | to any of the business and licensing costs of the State or any | ||||||
21 | of its agencies or departments and is not an exemption from | ||||||
22 | safety, health, or regulatory requirements or inspections of a | ||||||
23 | county, municipality, or the State.
| ||||||
24 | (Source: P.A. 102-435, eff. 8-20-21; revised 11-9-21.)
| ||||||
25 | Section 295. The Illinois Municipal Code is amended by |
| |||||||
| |||||||
1 | changing Sections 8-4-25, 10-1-7, 10-1-7.1, 10-2.1-6, | ||||||
2 | 10-2.1-6.3, and 10-4-2.3 as follows:
| ||||||
3 | (65 ILCS 5/8-4-25) (from Ch. 24, par. 8-4-25)
| ||||||
4 | Sec. 8-4-25.
Subject to the requirements of the Bond Issue | ||||||
5 | Notification
Act, any municipality is authorized to issue from | ||||||
6 | time to time
full faith and credit general obligation notes in | ||||||
7 | an amount not to exceed
85% of the specific taxes levied for | ||||||
8 | the year during which and for which
such notes are issued, | ||||||
9 | provided no notes shall be issued in lieu of tax
warrants for | ||||||
10 | any tax at any time there are outstanding tax anticipation
| ||||||
11 | warrants against the specific taxes levied for the year. Such | ||||||
12 | notes shall
bear interest at a rate not to exceed the maximum | ||||||
13 | rate authorized by the
Bond Authorization Act, as amended at | ||||||
14 | the time of the making of the
contract, if issued before | ||||||
15 | January 1, 1972 and not more than the maximum
rate authorized | ||||||
16 | by the Bond Authorization Act, as amended at the time of
the | ||||||
17 | making of the contract, if issued after January 1, 1972 and | ||||||
18 | shall
mature within two years from date. The first interest | ||||||
19 | payment date on any
such notes shall not be earlier than the | ||||||
20 | delinquency date of the first
installment of taxes levied to | ||||||
21 | pay interest and principal of such notes.
Notes may be issued | ||||||
22 | for taxes levied for the following purposes:
| ||||||
23 | (a) Corporate.
| ||||||
24 | (b) For the payment of judgments.
| ||||||
25 | (c) Public Library for Maintenance and Operation.
|
| |||||||
| |||||||
1 | (d) Public Library for Buildings and Sites.
| ||||||
2 | (e) ( Blank ) .
| ||||||
3 | (f) Relief (General Assistance).
| ||||||
4 | In order to authorize and issue such notes, the corporate | ||||||
5 | authorities
shall adopt an ordinance fixing the amount of the | ||||||
6 | notes, the date
thereof, the maturity, rate of interest, place | ||||||
7 | of payment and
denomination, which shall be in equal multiples | ||||||
8 | of $1,000, and provide
for the levy and collection of a direct | ||||||
9 | annual tax upon all the taxable
property in the municipality | ||||||
10 | sufficient to pay the principal of and
interest on such notes | ||||||
11 | as the same becomes due.
| ||||||
12 | A certified copy of the ordinance authorizing the issuance | ||||||
13 | of the
notes shall be filed in the office of the County Clerk | ||||||
14 | of the county in
which the municipality is located, or if the | ||||||
15 | municipality lies partly
within two or more counties, a | ||||||
16 | certified copy of the ordinance
authorizing such notes shall | ||||||
17 | be filed with the County Clerk of each of
the respective | ||||||
18 | counties, and it shall be the duty of the County Clerk,
or | ||||||
19 | County Clerks, whichever the case may be, to extend the tax | ||||||
20 | therefor
in addition to and in excess of all other taxes | ||||||
21 | heretofore or hereafter
authorized to be levied by such | ||||||
22 | municipality.
| ||||||
23 | From and after any such notes have been issued and while | ||||||
24 | such notes
are outstanding, it shall be the duty of the County | ||||||
25 | Clerk or County
Clerks, whichever the case may be, in | ||||||
26 | computing the tax rate for the
purpose for which the notes have |
| |||||||
| |||||||
1 | been issued to reduce the tax rate
levied for such purpose by | ||||||
2 | the amount levied to pay the principal of and
interest on the | ||||||
3 | notes to maturity, provided the tax rate shall not be
reduced | ||||||
4 | beyond the amount necessary to reimburse any money borrowed | ||||||
5 | from
the working cash fund, and it shall be the duty of the | ||||||
6 | Clerk of the
municipality annually, not less than thirty (30) | ||||||
7 | days prior to the tax
extension date, to certify to the County | ||||||
8 | Clerk, or County Clerks,
whichever the case may be, the amount | ||||||
9 | of money borrowed from the working
cash fund to be reimbursed | ||||||
10 | from the specific tax levy.
| ||||||
11 | No reimbursement shall be made to the working cash fund | ||||||
12 | until there
has been accumulated from the tax levy provided | ||||||
13 | for the notes an amount
sufficient to pay the principal of and | ||||||
14 | interest on such notes as the
same become due.
| ||||||
15 | With respect to instruments for the payment of money | ||||||
16 | issued under this
Section either before, on, or after June 6, | ||||||
17 | 1989 ( the effective date of Public Act 86-4) this amendatory
| ||||||
18 | Act of 1989 , it is and always has been the intention of the | ||||||
19 | General
Assembly (i) that the Omnibus Bond Acts are and always | ||||||
20 | have been supplementary
grants of power to issue instruments | ||||||
21 | in accordance with the Omnibus Bond
Acts, regardless of any | ||||||
22 | provision of this Act that may appear to be or to
have been | ||||||
23 | more restrictive than those Acts, (ii) that the provisions of
| ||||||
24 | this Section are not a limitation on the supplementary | ||||||
25 | authority granted by
the Omnibus Bond Acts, and (iii) that | ||||||
26 | instruments issued under this Section
within the supplementary |
| |||||||
| |||||||
1 | authority granted by the Omnibus Bond Acts are not
invalid | ||||||
2 | because of any provision of this Act that may appear to be or | ||||||
3 | to
have been more restrictive than those Acts.
| ||||||
4 | (Source: P.A. 102-587, eff. 1-1-22; revised 12-3-21.)
| ||||||
5 | (65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
| ||||||
6 | Sec. 10-1-7. Examination of applicants; disqualifications.
| ||||||
7 | (a) All applicants for offices or places in the classified | ||||||
8 | service, except
those mentioned in Section 10-1-17, are | ||||||
9 | subject to examination. The
examination shall be public, | ||||||
10 | competitive, and open to all citizens of the
United States, | ||||||
11 | with specified limitations as to residence, age, health, | ||||||
12 | habits
and moral character.
| ||||||
13 | (b) Residency requirements in effect at the time an | ||||||
14 | individual enters the
fire or police service of a municipality | ||||||
15 | (other than a municipality that
has more than 1,000,000 | ||||||
16 | inhabitants) cannot be made more restrictive
for that | ||||||
17 | individual during his or her period of service for that | ||||||
18 | municipality,
or be made a condition of promotion, except for | ||||||
19 | the rank or position of Fire or
Police Chief.
| ||||||
20 | (c) No person with a record of misdemeanor convictions | ||||||
21 | except
those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, | ||||||
22 | 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, | ||||||
23 | 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, | ||||||
24 | 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions | ||||||
25 | (a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs |
| |||||||
| |||||||
1 | subsections (1), (6) , and
(8) of subsection (a) of Section | ||||||
2 | 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
3 | or arrested for any cause but
not convicted on that cause shall | ||||||
4 | be disqualified from taking the examination
on grounds of | ||||||
5 | habits or moral character, unless the person is attempting to
| ||||||
6 | qualify for a position on the police department, in which case | ||||||
7 | the conviction
or arrest may be considered as a factor in | ||||||
8 | determining the person's habits or
moral character.
| ||||||
9 | (d) Persons entitled to military preference under Section | ||||||
10 | 10-1-16
shall not be subject to limitations specifying age | ||||||
11 | unless they are
applicants for a position as a fireman or a | ||||||
12 | policeman having no previous
employment status as a fireman or | ||||||
13 | policeman in the regularly constituted
fire or police | ||||||
14 | department of the municipality, in which case they must not
| ||||||
15 | have attained their 35th birthday, except any person who has | ||||||
16 | served as an
auxiliary police officer under Section 3.1-30-20 | ||||||
17 | for at least 5 years and is
under 40 years of age.
| ||||||
18 | (e) All employees of a municipality of less than 500,000 | ||||||
19 | population (except
those who would be excluded from the | ||||||
20 | classified service as provided in this
Division 1) who are | ||||||
21 | holding that employment as of the date a municipality
adopts | ||||||
22 | this Division 1, or as of July 17, 1959, whichever date is the | ||||||
23 | later,
and who have held that employment for at least 2 years | ||||||
24 | immediately before that
later date, and all firemen and | ||||||
25 | policemen regardless of length of service who
were either | ||||||
26 | appointed to their respective positions by the board of fire |
| |||||||
| |||||||
1 | and
police commissioners under the provisions of Division 2 of | ||||||
2 | this Article or who
are serving in a position (except as a | ||||||
3 | temporary employee) in the fire or
police department in the | ||||||
4 | municipality on the date a municipality adopts
this Division | ||||||
5 | 1, or as of July 17, 1959, whichever date is the later, shall
| ||||||
6 | become members of the classified civil service of the | ||||||
7 | municipality
without examination.
| ||||||
8 | (f) The examinations shall be practical in their | ||||||
9 | character, and shall
relate to those matters that will fairly | ||||||
10 | test the relative capacity of the
persons examined to | ||||||
11 | discharge the duties of the positions to which they
seek to be | ||||||
12 | appointed. The examinations shall include tests of physical
| ||||||
13 | qualifications, health, and (when appropriate) manual skill. | ||||||
14 | If an applicant
is unable to pass the physical examination | ||||||
15 | solely as the result of an injury
received by the applicant as | ||||||
16 | the result of the performance of an act of duty
while working | ||||||
17 | as a temporary employee in the position for which he or she is
| ||||||
18 | being examined, however, the physical examination shall be | ||||||
19 | waived and the
applicant shall be considered to have passed | ||||||
20 | the examination. No questions in
any examination shall relate | ||||||
21 | to political or religious opinions or
affiliations. Results of | ||||||
22 | examinations and the eligible registers prepared from
the | ||||||
23 | results shall be published by the commission within 60 days | ||||||
24 | after any
examinations are held.
| ||||||
25 | (g) The commission shall control all examinations, and | ||||||
26 | may, whenever an
examination is to take place, designate a |
| |||||||
| |||||||
1 | suitable number of persons,
either in or not in the official | ||||||
2 | service of the municipality, to be
examiners. The examiners | ||||||
3 | shall conduct the examinations as directed by the
commission | ||||||
4 | and shall make a return or report of the examinations to the
| ||||||
5 | commission. If the appointed examiners are in the official | ||||||
6 | service of the
municipality, the examiners shall not receive | ||||||
7 | extra compensation for conducting
the examinations unless the | ||||||
8 | examiners are subject to a collective bargaining agreement | ||||||
9 | with the municipality. The commission may at any time | ||||||
10 | substitute any other person,
whether or not in the service of | ||||||
11 | the municipality, in the place of any one
selected as an | ||||||
12 | examiner. The commission members may themselves at any time | ||||||
13 | act
as examiners without appointing examiners. The examiners | ||||||
14 | at any examination
shall not all be members of the same | ||||||
15 | political party.
| ||||||
16 | (h) In municipalities of 500,000 or more population, no | ||||||
17 | person who has
attained his or her 35th birthday shall be | ||||||
18 | eligible to take an examination for
a position as a fireman or | ||||||
19 | a policeman unless the person has had previous
employment | ||||||
20 | status as a policeman or fireman in the regularly constituted | ||||||
21 | police
or fire department of the municipality, except as | ||||||
22 | provided in this Section.
| ||||||
23 | (i) In municipalities of more than 5,000 but not more than | ||||||
24 | 200,000
inhabitants, no person who has attained his or her | ||||||
25 | 35th birthday shall be
eligible to take an examination for a | ||||||
26 | position as a fireman or a policeman
unless the person has had |
| |||||||
| |||||||
1 | previous employment status as a policeman or fireman
in the | ||||||
2 | regularly constituted police or fire department of the | ||||||
3 | municipality,
except as provided in this Section.
| ||||||
4 | (j) In all municipalities, applicants who are 20 years of | ||||||
5 | age and who have
successfully completed 2 years of law | ||||||
6 | enforcement studies at an accredited
college or university may | ||||||
7 | be considered for appointment to active duty with
the police | ||||||
8 | department. An applicant described in this subsection (j) who | ||||||
9 | is
appointed to active duty shall not have power of arrest, nor | ||||||
10 | shall the
applicant be permitted to carry firearms, until he | ||||||
11 | or she reaches 21 years of
age.
| ||||||
12 | (k) In municipalities of more than 500,000 population, | ||||||
13 | applications for
examination for and appointment to positions | ||||||
14 | as firefighters or police
shall be made available at various | ||||||
15 | branches of the public library of the
municipality.
| ||||||
16 | (l) No municipality having a population less than | ||||||
17 | 1,000,000 shall require
that any fireman appointed to the | ||||||
18 | lowest rank serve a probationary employment
period of longer | ||||||
19 | than one year. The limitation on periods of probationary
| ||||||
20 | employment provided in Public Act 86-990 this amendatory Act | ||||||
21 | of 1989 is an exclusive power and
function of the State. | ||||||
22 | Pursuant to subsection (h) of Section 6 of Article VII
of the | ||||||
23 | Illinois Constitution, a home rule municipality having a | ||||||
24 | population less
than 1,000,000 must comply with this | ||||||
25 | limitation on periods of probationary
employment, which is a | ||||||
26 | denial and limitation of home rule powers.
Notwithstanding |
| |||||||
| |||||||
1 | anything to the contrary in this Section, the probationary
| ||||||
2 | employment period limitation may be extended for a firefighter | ||||||
3 | who is required, as a condition of employment, to be a licensed | ||||||
4 | paramedic, during which time the sole reason that a | ||||||
5 | firefighter may be discharged without a hearing is for failing | ||||||
6 | to meet the requirements for paramedic licensure.
| ||||||
7 | (m) To the extent that this Section or any other Section in | ||||||
8 | this Division conflicts with Section 10-1-7.1 or 10-1-7.2, | ||||||
9 | then Section 10-1-7.1 or 10-1-7.2 shall control. | ||||||
10 | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; | ||||||
11 | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-973, eff. | ||||||
12 | 8-15-14; revised 12-3-21.)
| ||||||
13 | (65 ILCS 5/10-1-7.1) | ||||||
14 | Sec. 10-1-7.1. Original appointments; full-time fire | ||||||
15 | department. | ||||||
16 | (a) Applicability. Unless a commission elects to follow | ||||||
17 | the provisions of Section 10-1-7.2, this Section shall apply | ||||||
18 | to all original appointments to an affected full-time fire | ||||||
19 | department. Existing registers of eligibles shall continue to | ||||||
20 | be valid until their expiration dates, or up to a maximum of 2 | ||||||
21 | years after August 4, 2011 (the effective date of Public Act | ||||||
22 | 97-251). | ||||||
23 | Notwithstanding any statute, ordinance, rule, or other law | ||||||
24 | to the contrary, all original appointments to an affected | ||||||
25 | department to which this Section applies shall be administered |
| |||||||
| |||||||
1 | in the manner provided for in this Section. Provisions of the | ||||||
2 | Illinois Municipal Code, municipal ordinances, and rules | ||||||
3 | adopted pursuant to such authority and other laws relating to | ||||||
4 | initial hiring of firefighters in affected departments shall | ||||||
5 | continue to apply to the extent they are compatible with this | ||||||
6 | Section, but in the event of a conflict between this Section | ||||||
7 | and any other law, this Section shall control. | ||||||
8 | A home rule or non-home rule municipality may not | ||||||
9 | administer its fire department process for original | ||||||
10 | appointments in a manner that is less stringent than this | ||||||
11 | Section. This Section is a limitation under subsection (i) of | ||||||
12 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
13 | concurrent exercise by home rule units of the powers and | ||||||
14 | functions exercised by the State. | ||||||
15 | A municipality that is operating under a court order or | ||||||
16 | consent decree regarding original appointments to a full-time | ||||||
17 | fire department before August 4, 2011 (the effective date of | ||||||
18 | Public Act 97-251) is exempt from the requirements of this | ||||||
19 | Section for the duration of the court order or consent decree. | ||||||
20 | Notwithstanding any other provision of this subsection | ||||||
21 | (a), this Section does not apply to a municipality with more | ||||||
22 | than 1,000,000 inhabitants. | ||||||
23 | (b) Original appointments. All original appointments made | ||||||
24 | to an affected fire department shall be made from a register of | ||||||
25 | eligibles established in accordance with the processes | ||||||
26 | established by this Section. Only persons who meet or exceed |
| |||||||
| |||||||
1 | the performance standards required by this Section shall be | ||||||
2 | placed on a register of eligibles for original appointment to | ||||||
3 | an affected fire department. | ||||||
4 | Whenever an appointing authority authorizes action to hire | ||||||
5 | a person to perform the duties of a firefighter or to hire a | ||||||
6 | firefighter-paramedic to fill a position that is a new | ||||||
7 | position or vacancy due to resignation, discharge, promotion, | ||||||
8 | death, the granting of a disability or retirement pension, or | ||||||
9 | any other cause, the appointing authority shall appoint to | ||||||
10 | that position the person with the highest ranking on the final | ||||||
11 | eligibility list. If the appointing authority has reason to | ||||||
12 | conclude that the highest ranked person fails to meet the | ||||||
13 | minimum standards for the position or if the appointing | ||||||
14 | authority believes an alternate candidate would better serve | ||||||
15 | the needs of the department, then the appointing authority has | ||||||
16 | the right to pass over the highest ranked person and appoint | ||||||
17 | either: (i) any person who has a ranking in the top 5% of the | ||||||
18 | register of eligibles or (ii) any person who is among the top 5 | ||||||
19 | highest ranked persons on the list of eligibles if the number | ||||||
20 | of people who have a ranking in the top 5% of the register of | ||||||
21 | eligibles is less than 5 people. | ||||||
22 | Any candidate may pass on an appointment once without | ||||||
23 | losing his or her position on the register of eligibles. Any | ||||||
24 | candidate who passes a second time may be removed from the list | ||||||
25 | by the appointing authority provided that such action shall | ||||||
26 | not prejudice a person's opportunities to participate in |
| |||||||
| |||||||
1 | future examinations, including an examination held during the | ||||||
2 | time a candidate is already on the municipality's register of | ||||||
3 | eligibles. | ||||||
4 | The sole authority to issue certificates of appointment | ||||||
5 | shall be vested in the Civil Service Commission. All | ||||||
6 | certificates of appointment issued to any officer or member of | ||||||
7 | an affected department shall be signed by the chairperson and | ||||||
8 | secretary, respectively, of the commission upon appointment of | ||||||
9 | such officer or member to the affected department by the | ||||||
10 | commission. After being selected from the register of | ||||||
11 | eligibles to fill a vacancy in the affected department, each | ||||||
12 | appointee shall be presented with his or her certificate of | ||||||
13 | appointment on the day on which he or she is sworn in as a | ||||||
14 | classified member of the affected department. Firefighters who | ||||||
15 | were not issued a certificate of appointment when originally | ||||||
16 | appointed shall be provided with a certificate within 10 days | ||||||
17 | after making a written request to the chairperson of the Civil | ||||||
18 | Service Commission. Each person who accepts a certificate of | ||||||
19 | appointment and successfully completes his or her probationary | ||||||
20 | period shall be enrolled as a firefighter and as a regular | ||||||
21 | member of the fire department. | ||||||
22 | For the purposes of this Section, "firefighter" means any | ||||||
23 | person who has been prior to, on, or after August 4, 2011 (the | ||||||
24 | effective date of Public Act 97-251) appointed to a fire | ||||||
25 | department or fire protection district or employed by a State | ||||||
26 | university and sworn or commissioned to perform firefighter |
| |||||||
| |||||||
1 | duties or paramedic duties, or both, except that the following | ||||||
2 | persons are not included: part-time firefighters; auxiliary, | ||||||
3 | reserve, or voluntary firefighters, including paid-on-call | ||||||
4 | firefighters; clerks and dispatchers or other civilian | ||||||
5 | employees of a fire department or fire protection district who | ||||||
6 | are not routinely expected to perform firefighter duties; and | ||||||
7 | elected officials. | ||||||
8 | (c) Qualification for placement on register of eligibles. | ||||||
9 | The purpose of establishing a register of eligibles is to | ||||||
10 | identify applicants who possess and demonstrate the mental | ||||||
11 | aptitude and physical ability to perform the duties required | ||||||
12 | of members of the fire department in order to provide the | ||||||
13 | highest quality of service to the public. To this end, all | ||||||
14 | applicants for original appointment to an affected fire | ||||||
15 | department shall be subject to examination and testing which | ||||||
16 | shall be public, competitive, and open to all applicants | ||||||
17 | unless the municipality shall by ordinance limit applicants to | ||||||
18 | residents of the municipality, county or counties in which the | ||||||
19 | municipality is located, State, or nation. Any examination and | ||||||
20 | testing procedure utilized under subsection (e) of this | ||||||
21 | Section shall be supported by appropriate validation evidence | ||||||
22 | and shall comply with all applicable State and federal laws. | ||||||
23 | Municipalities may establish educational, emergency medical | ||||||
24 | service licensure, and other prerequisites for participation | ||||||
25 | in an examination or for hire as a firefighter. Any | ||||||
26 | municipality may charge a fee to cover the costs of the |
| |||||||
| |||||||
1 | application process. | ||||||
2 | Residency requirements in effect at the time an individual | ||||||
3 | enters the fire service of a municipality cannot be made more | ||||||
4 | restrictive for that individual during his or her period of | ||||||
5 | service for that municipality, or be made a condition of | ||||||
6 | promotion, except for the rank or position of fire chief and | ||||||
7 | for no more than 2 positions that rank immediately below that | ||||||
8 | of the chief rank which are appointed positions pursuant to | ||||||
9 | the Fire Department Promotion Act. | ||||||
10 | No person who is 35 years of age or older shall be eligible | ||||||
11 | to take an examination for a position as a firefighter unless | ||||||
12 | the person has had previous employment status as a firefighter | ||||||
13 | in the regularly constituted fire department of the | ||||||
14 | municipality, except as provided in this Section. The age | ||||||
15 | limitation does not apply to: | ||||||
16 | (1) any person previously employed as a full-time | ||||||
17 | firefighter in a regularly constituted fire department of | ||||||
18 | (i) any municipality or fire protection district located | ||||||
19 | in Illinois, (ii) a fire protection district whose | ||||||
20 | obligations were assumed by a municipality under Section | ||||||
21 | 21 of the Fire Protection District Act, or (iii) a | ||||||
22 | municipality whose obligations were taken over by a fire | ||||||
23 | protection district, | ||||||
24 | (2) any person who has served a municipality as a | ||||||
25 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
26 | firefighter, or |
| |||||||
| |||||||
1 | (3) any person who turned 35 while serving as a member | ||||||
2 | of the active or reserve components of any of the branches | ||||||
3 | of the Armed Forces of the United States or the National | ||||||
4 | Guard of any state, whose service was characterized as | ||||||
5 | honorable or under honorable, if separated from the | ||||||
6 | military, and is currently under the age of 40. | ||||||
7 | No person who is under 21 years of age shall be eligible | ||||||
8 | for employment as a firefighter. | ||||||
9 | No applicant shall be examined concerning his or her | ||||||
10 | political or religious opinions or affiliations. The | ||||||
11 | examinations shall be conducted by the commissioners of the | ||||||
12 | municipality or their designees and agents. | ||||||
13 | No municipality shall require that any firefighter | ||||||
14 | appointed to the lowest rank serve a probationary employment | ||||||
15 | period of longer than one year of actual active employment, | ||||||
16 | which may exclude periods of training, or injury or illness | ||||||
17 | leaves, including duty related leave, in excess of 30 calendar | ||||||
18 | days. Notwithstanding anything to the contrary in this | ||||||
19 | Section, the probationary employment period limitation may be | ||||||
20 | extended for a firefighter who is required, as a condition of | ||||||
21 | employment, to be a licensed paramedic, during which time the | ||||||
22 | sole reason that a firefighter may be discharged without a | ||||||
23 | hearing is for failing to meet the requirements for paramedic | ||||||
24 | licensure. | ||||||
25 | In the event that any applicant who has been found | ||||||
26 | eligible for appointment and whose name has been placed upon |
| |||||||
| |||||||
1 | the final eligibility register provided for in this Division 1 | ||||||
2 | has not been appointed to a firefighter position within one | ||||||
3 | year after the date of his or her physical ability | ||||||
4 | examination, the commission may cause a second examination to | ||||||
5 | be made of that applicant's physical ability prior to his or | ||||||
6 | her appointment. If, after the second examination, the | ||||||
7 | physical ability of the applicant shall be found to be less | ||||||
8 | than the minimum standard fixed by the rules of the | ||||||
9 | commission, the applicant shall not be appointed. The | ||||||
10 | applicant's name may be retained upon the register of | ||||||
11 | candidates eligible for appointment and when next reached for | ||||||
12 | certification and appointment that applicant may be again | ||||||
13 | examined as provided in this Section, and if the physical | ||||||
14 | ability of that applicant is found to be less than the minimum | ||||||
15 | standard fixed by the rules of the commission, the applicant | ||||||
16 | shall not be appointed, and the name of the applicant shall be | ||||||
17 | removed from the register. | ||||||
18 | (d) Notice, examination, and testing components. Notice of | ||||||
19 | the time, place, general scope, merit criteria for any | ||||||
20 | subjective component, and fee of every examination shall be | ||||||
21 | given by the commission, by a publication at least 2 weeks | ||||||
22 | preceding the examination: (i) in one or more newspapers | ||||||
23 | published in the municipality, or if no newspaper is published | ||||||
24 | therein, then in one or more newspapers with a general | ||||||
25 | circulation within the municipality, or (ii) on the | ||||||
26 | municipality's Internet website. Additional notice of the |
| |||||||
| |||||||
1 | examination may be given as the commission shall prescribe. | ||||||
2 | The examination and qualifying standards for employment of | ||||||
3 | firefighters shall be based on: mental aptitude, physical | ||||||
4 | ability, preferences, moral character, and health. The mental | ||||||
5 | aptitude, physical ability, and preference components shall | ||||||
6 | determine an applicant's qualification for and placement on | ||||||
7 | the final register of eligibles. The examination may also | ||||||
8 | include a subjective component based on merit criteria as | ||||||
9 | determined by the commission. Scores from the examination must | ||||||
10 | be made available to the public. | ||||||
11 | (e) Mental aptitude. No person who does not possess at | ||||||
12 | least a high school diploma or an equivalent high school | ||||||
13 | education shall be placed on a register of eligibles. | ||||||
14 | Examination of an applicant's mental aptitude shall be based | ||||||
15 | upon a written examination. The examination shall be practical | ||||||
16 | in character and relate to those matters that fairly test the | ||||||
17 | capacity of the persons examined to discharge the duties | ||||||
18 | performed by members of a fire department. Written | ||||||
19 | examinations shall be administered in a manner that ensures | ||||||
20 | the security and accuracy of the scores achieved. | ||||||
21 | (f) Physical ability. All candidates shall be required to | ||||||
22 | undergo an examination of their physical ability to perform | ||||||
23 | the essential functions included in the duties they may be | ||||||
24 | called upon to perform as a member of a fire department. For | ||||||
25 | the purposes of this Section, essential functions of the job | ||||||
26 | are functions associated with duties that a firefighter may be |
| |||||||
| |||||||
1 | called upon to perform in response to emergency calls. The | ||||||
2 | frequency of the occurrence of those duties as part of the fire | ||||||
3 | department's regular routine shall not be a controlling factor | ||||||
4 | in the design of examination criteria or evolutions selected | ||||||
5 | for testing. These physical examinations shall be open, | ||||||
6 | competitive, and based on industry standards designed to test | ||||||
7 | each applicant's physical abilities in the following | ||||||
8 | dimensions: | ||||||
9 | (1) Muscular strength to perform tasks and evolutions | ||||||
10 | that may be required in the performance of duties | ||||||
11 | including grip strength, leg strength, and arm strength. | ||||||
12 | Tests shall be conducted under anaerobic as well as | ||||||
13 | aerobic conditions to test both the candidate's speed and | ||||||
14 | endurance in performing tasks and evolutions. Tasks tested | ||||||
15 | may be based on standards developed, or approved, by the | ||||||
16 | local appointing authority. | ||||||
17 | (2) The ability to climb ladders, operate from | ||||||
18 | heights, walk or crawl in the dark along narrow and uneven | ||||||
19 | surfaces, and operate in proximity to hazardous | ||||||
20 | environments. | ||||||
21 | (3) The ability to carry out critical, time-sensitive, | ||||||
22 | and complex problem solving during physical exertion in | ||||||
23 | stressful and hazardous environments. The testing | ||||||
24 | environment may be hot and dark with tightly enclosed | ||||||
25 | spaces, flashing lights, sirens, and other distractions. | ||||||
26 | The tests utilized to measure each applicant's
|
| |||||||
| |||||||
1 | capabilities in each of these dimensions may be tests based on
| ||||||
2 | industry standards currently in use or equivalent tests | ||||||
3 | approved by the Joint Labor-Management Committee of the Office | ||||||
4 | of the State Fire Marshal. | ||||||
5 | Physical ability examinations administered under this | ||||||
6 | Section shall be conducted with a reasonable number of | ||||||
7 | proctors and monitors, open to the public, and subject to | ||||||
8 | reasonable regulations of the commission. | ||||||
9 | (g) Scoring of examination components. Appointing | ||||||
10 | authorities may create a preliminary eligibility register. A | ||||||
11 | person shall be placed on the list based upon his or her | ||||||
12 | passage of the written examination or the passage of the | ||||||
13 | written examination and the physical ability component. | ||||||
14 | Passage of the written examination means attaining the minimum | ||||||
15 | score set by the commission. Minimum scores should be set by | ||||||
16 | the commission so as to demonstrate a candidate's ability to | ||||||
17 | perform the essential functions of the job. The minimum score | ||||||
18 | set by the commission shall be supported by appropriate | ||||||
19 | validation evidence and shall comply with all applicable State | ||||||
20 | and federal laws. The appointing authority may conduct the | ||||||
21 | physical ability component and any subjective components | ||||||
22 | subsequent to the posting of the preliminary eligibility | ||||||
23 | register. | ||||||
24 | The examination components for an initial eligibility | ||||||
25 | register shall be graded on a 100-point scale. A person's | ||||||
26 | position on the list shall be determined by the following: (i)
|
| |||||||
| |||||||
1 | the person's score on the written examination, (ii) the person
| ||||||
2 | successfully passing the physical ability component, and (iii) | ||||||
3 | the
person's results on any subjective component as described | ||||||
4 | in
subsection (d). | ||||||
5 | In order to qualify for placement on the final eligibility | ||||||
6 | register, an applicant's score on the written examination, | ||||||
7 | before any applicable preference points or subjective points | ||||||
8 | are applied, shall be at or above the minimum score set by the | ||||||
9 | commission. The local appointing authority may prescribe the | ||||||
10 | score to qualify for placement on the final eligibility | ||||||
11 | register, but the score shall not be less than the minimum | ||||||
12 | score set by the commission. | ||||||
13 | The commission shall prepare and keep a register of | ||||||
14 | persons whose total score is not less than the minimum score | ||||||
15 | for passage and who have passed the physical ability | ||||||
16 | examination. These persons shall take rank upon the register | ||||||
17 | as candidates in the order of their relative excellence based | ||||||
18 | on the highest to the lowest total points scored on the mental | ||||||
19 | aptitude, subjective component, and preference components of | ||||||
20 | the test administered in accordance with this Section. No more | ||||||
21 | than 60 days after each examination, an initial eligibility | ||||||
22 | list shall be posted by the commission. The list shall include | ||||||
23 | the final grades of the candidates without reference to | ||||||
24 | priority of the time of examination and subject to claim for | ||||||
25 | preference credit. | ||||||
26 | Commissions may conduct additional examinations, including |
| |||||||
| |||||||
1 | without limitation a polygraph test, after a final eligibility | ||||||
2 | register is established and before it expires with the | ||||||
3 | candidates ranked by total score without regard to date of | ||||||
4 | examination. No more than 60 days after each examination, an | ||||||
5 | initial eligibility list shall be posted by the commission | ||||||
6 | showing the final grades of the candidates without reference | ||||||
7 | to priority of time of examination and subject to claim for | ||||||
8 | preference credit. | ||||||
9 | (h) Preferences. The following are preferences: | ||||||
10 | (1) Veteran preference. Persons who were engaged in | ||||||
11 | the military service of the United States for a period of | ||||||
12 | at least one year of active duty and who were honorably | ||||||
13 | discharged therefrom, or who are now or have been members | ||||||
14 | on inactive or reserve duty in such military or naval | ||||||
15 | service, shall be preferred for appointment to and | ||||||
16 | employment with the fire department of an affected | ||||||
17 | department. | ||||||
18 | (2) Fire cadet preference. Persons who have | ||||||
19 | successfully completed 2 years of study in fire techniques | ||||||
20 | or cadet training within a cadet program established under | ||||||
21 | the rules of the Joint Labor and Management Committee | ||||||
22 | (JLMC), as defined in Section 50 of the Fire Department | ||||||
23 | Promotion Act, may be preferred for appointment to and | ||||||
24 | employment with the fire department. | ||||||
25 | (3) Educational preference. Persons who have | ||||||
26 | successfully obtained an associate's degree in the field |
| |||||||
| |||||||
1 | of fire service or emergency medical services, or a | ||||||
2 | bachelor's degree from an accredited college or university | ||||||
3 | may be preferred for appointment to and employment with | ||||||
4 | the fire department. | ||||||
5 | (4) Paramedic preference. Persons who have obtained a | ||||||
6 | license as a paramedic may be preferred for appointment to | ||||||
7 | and employment with the fire department of an affected | ||||||
8 | department providing emergency medical services. | ||||||
9 | (5) Experience preference. All persons employed by a | ||||||
10 | municipality who have been paid-on-call or part-time | ||||||
11 | certified Firefighter II, certified Firefighter III, State | ||||||
12 | of Illinois or nationally licensed EMT, EMT-I, A-EMT, or | ||||||
13 | paramedic, or any combination of those capacities may be | ||||||
14 | awarded up to a maximum of 5 points. However, the | ||||||
15 | applicant may not be awarded more than 0.5 points for each | ||||||
16 | complete year of paid-on-call or part-time service. | ||||||
17 | Applicants from outside the municipality who were employed | ||||||
18 | as full-time firefighters or firefighter-paramedics by a | ||||||
19 | fire protection district or another municipality may be | ||||||
20 | awarded up to 5 experience preference points. However, the | ||||||
21 | applicant may not be awarded more than one point for each | ||||||
22 | complete year of full-time service. | ||||||
23 | Upon request by the commission, the governing body of | ||||||
24 | the municipality or in the case of applicants from outside | ||||||
25 | the municipality the governing body of any fire protection | ||||||
26 | district or any other municipality shall certify to the |
| |||||||
| |||||||
1 | commission, within 10 days after the request, the number | ||||||
2 | of years of successful paid-on-call, part-time, or | ||||||
3 | full-time service of any person. A candidate may not | ||||||
4 | receive the full amount of preference points under this | ||||||
5 | subsection if the amount of points awarded would place the | ||||||
6 | candidate before a veteran on the eligibility list. If | ||||||
7 | more than one candidate receiving experience preference | ||||||
8 | points is prevented from receiving all of their points due | ||||||
9 | to not being allowed to pass a veteran, the candidates | ||||||
10 | shall be placed on the list below the veteran in rank order | ||||||
11 | based on the totals received if all points under this | ||||||
12 | subsection were to be awarded. Any remaining ties on the | ||||||
13 | list shall be determined by lot. | ||||||
14 | (6) Residency preference. Applicants whose principal | ||||||
15 | residence is located within the fire department's | ||||||
16 | jurisdiction may be preferred for appointment to and | ||||||
17 | employment with the fire department. | ||||||
18 | (7) Additional preferences. Up to 5 additional | ||||||
19 | preference points may be awarded for unique categories | ||||||
20 | based on an applicant's experience or background as | ||||||
21 | identified by the commission. | ||||||
22 | (7.5) Apprentice preferences. A person who has | ||||||
23 | performed fire suppression service for a department as a | ||||||
24 | firefighter apprentice and otherwise meets the | ||||||
25 | qualifications for original appointment as a firefighter | ||||||
26 | specified in this Section may be awarded up to 20 |
| |||||||
| |||||||
1 | preference points. To qualify for preference points, an | ||||||
2 | applicant shall have completed a minimum of 600 hours of | ||||||
3 | fire suppression work on a regular shift for the affected | ||||||
4 | fire department over a 12-month period. The fire | ||||||
5 | suppression work must be in accordance with Section | ||||||
6 | 10-1-14 of this Division and the terms established by a | ||||||
7 | Joint Apprenticeship Committee included in a collective | ||||||
8 | bargaining agreement agreed between the employer and its | ||||||
9 | certified bargaining agent. An eligible applicant must | ||||||
10 | apply to the Joint Apprenticeship Committee for preference | ||||||
11 | points under this item. The Joint Apprenticeship Committee | ||||||
12 | shall evaluate the merit of the applicant's performance, | ||||||
13 | determine the preference points to be awarded, and certify | ||||||
14 | the amount of points awarded to the commissioners. The | ||||||
15 | commissioners may add the certified preference points to | ||||||
16 | the final grades achieved by the applicant on the other | ||||||
17 | components of the examination. | ||||||
18 | (8) Scoring of preferences. The commission shall give | ||||||
19 | preference for original appointment to persons designated | ||||||
20 | in item (1)
by adding to the final grade that they receive | ||||||
21 | 5 points
for the recognized preference achieved. The | ||||||
22 | commission may give preference for original appointment to | ||||||
23 | persons designated in item (7.5) by adding to the final | ||||||
24 | grade the amount of points designated by the Joint | ||||||
25 | Apprenticeship Committee as defined in item (7.5). The | ||||||
26 | commission shall determine the number of preference points |
| |||||||
| |||||||
1 | for each category, except items (1) and (7.5). The number | ||||||
2 | of preference points for each category shall range from 0 | ||||||
3 | to 5, except item (7.5). In determining the number of | ||||||
4 | preference points, the commission shall prescribe that if | ||||||
5 | a candidate earns the maximum number of preference points | ||||||
6 | in all categories except item (7.5), that number may not | ||||||
7 | be less than 10 nor more than 30. The commission shall give | ||||||
8 | preference for original appointment to persons designated | ||||||
9 | in items (2) through (7) by adding the requisite number of | ||||||
10 | points to the final grade for each recognized preference | ||||||
11 | achieved. The numerical result thus attained shall be | ||||||
12 | applied by the commission in determining the final | ||||||
13 | eligibility list and appointment from the eligibility | ||||||
14 | list. The local appointing authority may prescribe the | ||||||
15 | total number of preference points awarded under this | ||||||
16 | Section, but the total number of preference points, except | ||||||
17 | item (7.5), shall not be less than 10 points or more than | ||||||
18 | 30 points. Apprentice preference points may be added in | ||||||
19 | addition to other preference points awarded by the | ||||||
20 | commission. | ||||||
21 | No person entitled to any preference shall be required to | ||||||
22 | claim the credit before any examination held under the | ||||||
23 | provisions of this Section, but the preference shall be given | ||||||
24 | after the posting or publication of the initial eligibility | ||||||
25 | list or register at the request of a person entitled to a | ||||||
26 | credit before any certification or appointments are made from |
| |||||||
| |||||||
1 | the eligibility register, upon the furnishing of verifiable | ||||||
2 | evidence and proof of qualifying preference credit. Candidates | ||||||
3 | who are eligible for preference credit shall make a claim in | ||||||
4 | writing within 10 days after the posting of the initial | ||||||
5 | eligibility list, or the claim shall be deemed waived. Final | ||||||
6 | eligibility registers shall be established after the awarding | ||||||
7 | of verified preference points. However, apprentice preference | ||||||
8 | credit earned subsequent to the establishment of the final | ||||||
9 | eligibility register may be applied to the applicant's score | ||||||
10 | upon certification by the Joint Apprenticeship Committee to | ||||||
11 | the commission and the rank order of candidates on the final | ||||||
12 | eligibility register shall be adjusted accordingly. All | ||||||
13 | employment shall be subject to the commission's initial hire | ||||||
14 | background review , including, but not limited to, criminal | ||||||
15 | history, employment history, moral character, oral | ||||||
16 | examination, and medical and psychological examinations, all | ||||||
17 | on a pass-fail basis. The medical and psychological | ||||||
18 | examinations must be conducted last, and may only be performed | ||||||
19 | after a conditional offer of employment has been extended. | ||||||
20 | Any person placed on an eligibility list who exceeds the | ||||||
21 | age requirement before being appointed to a fire department | ||||||
22 | shall remain eligible for appointment until the list is | ||||||
23 | abolished, or his or her name has been on the list for a period | ||||||
24 | of 2 years. No person who has attained the age of 35 years | ||||||
25 | shall be inducted into a fire department, except as otherwise | ||||||
26 | provided in this Section. |
| |||||||
| |||||||
1 | The commission shall strike off the names of candidates | ||||||
2 | for original appointment after the names have been on the list | ||||||
3 | for more than 2 years. | ||||||
4 | (i) Moral character. No person shall be appointed to a | ||||||
5 | fire department unless he or she is a person of good character; | ||||||
6 | not a habitual drunkard, a gambler, or a person who has been | ||||||
7 | convicted of a felony or a crime involving moral turpitude. | ||||||
8 | However, no person shall be disqualified from appointment to | ||||||
9 | the fire department because of the person's record of | ||||||
10 | misdemeanor convictions except those under Sections 11-6, | ||||||
11 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
12 | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||||||
13 | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs | ||||||
14 | (1), (6), and (8) of subsection (a) subsections 1, 6, and 8 of | ||||||
15 | Section 24-1 of the Criminal Code of 1961 or the Criminal Code | ||||||
16 | of 2012, or arrest for any cause without conviction thereon. | ||||||
17 | Any such person who is in the department may be removed on | ||||||
18 | charges brought for violating this subsection and after a | ||||||
19 | trial as hereinafter provided. | ||||||
20 | A classifiable set of the fingerprints of every person who | ||||||
21 | is offered employment as a certificated member of an affected | ||||||
22 | fire department whether with or without compensation, shall be | ||||||
23 | furnished to the Illinois State Police and to the Federal | ||||||
24 | Bureau of Investigation by the commission. | ||||||
25 | Whenever a commission is authorized or required by law to | ||||||
26 | consider some aspect of criminal history record information |
| |||||||
| |||||||
1 | for the purpose of carrying out its statutory powers and | ||||||
2 | responsibilities, then, upon request and payment of fees in | ||||||
3 | conformance with the requirements of Section 2605-400 of the | ||||||
4 | Illinois State Police Law of the Civil Administrative Code of | ||||||
5 | Illinois, the Illinois State Police is authorized to furnish, | ||||||
6 | pursuant to positive identification, the information contained | ||||||
7 | in State files as is necessary to fulfill the request. | ||||||
8 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
9 | of public business, to meet extraordinary exigencies, or to | ||||||
10 | prevent material impairment of the fire department, the | ||||||
11 | commission may make temporary appointments, to remain in force | ||||||
12 | only until regular appointments are made under the provisions | ||||||
13 | of this Division, but never to exceed 60 days. No temporary | ||||||
14 | appointment of any one person shall be made more than twice in | ||||||
15 | any calendar year. | ||||||
16 | (k) A person who knowingly divulges or receives test | ||||||
17 | questions or answers before a written examination, or | ||||||
18 | otherwise knowingly violates or subverts any requirement of | ||||||
19 | this Section, commits a violation of this Section and may be | ||||||
20 | subject to charges for official misconduct. | ||||||
21 | A person who is the knowing recipient of test information | ||||||
22 | in advance of the examination shall be disqualified from the | ||||||
23 | examination or discharged from the position to which he or she | ||||||
24 | was appointed, as applicable, and otherwise subjected to | ||||||
25 | disciplinary actions.
| ||||||
26 | (Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21; |
| |||||||
| |||||||
1 | 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; revised | ||||||
2 | 10-5-21.)
| ||||||
3 | (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
| ||||||
4 | Sec. 10-2.1-6. Examination of applicants; | ||||||
5 | disqualifications.
| ||||||
6 | (a) All applicants for a position in either the fire or | ||||||
7 | police department
of the municipality shall be under 35 years | ||||||
8 | of age, shall be subject to an
examination that shall be | ||||||
9 | public, competitive, and open to all applicants
(unless the | ||||||
10 | council or board of trustees by ordinance limit applicants to
| ||||||
11 | electors of the municipality, county, state or nation) and | ||||||
12 | shall be subject to
reasonable limitations as to residence, | ||||||
13 | health, habits, and moral character.
The municipality may not | ||||||
14 | charge or collect any fee from an applicant who has
met all | ||||||
15 | prequalification standards established by the municipality for | ||||||
16 | any such
position. With respect to a police department, a | ||||||
17 | veteran shall be allowed to exceed the maximum age provision | ||||||
18 | of this Section by the number of years served on active | ||||||
19 | military duty, but by no more than 10 years of active military | ||||||
20 | duty.
| ||||||
21 | (b) Residency requirements in effect at the time an | ||||||
22 | individual enters the
fire or police service of a municipality | ||||||
23 | (other than a municipality that
has more than 1,000,000 | ||||||
24 | inhabitants) cannot be made more restrictive for
that | ||||||
25 | individual during his period of service for that municipality, |
| |||||||
| |||||||
1 | or be
made a condition of promotion, except for the rank or | ||||||
2 | position of Fire or
Police Chief.
| ||||||
3 | (c) No person with a record of misdemeanor convictions | ||||||
4 | except those
under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, | ||||||
5 | 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, | ||||||
6 | 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
| ||||||
7 | 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions | ||||||
8 | (a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs | ||||||
9 | subsections (1), (6) , and (8) of subsection (a) of
Section | ||||||
10 | 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
11 | or arrested for any cause but not
convicted on that cause shall | ||||||
12 | be disqualified from taking the examination to
qualify for a | ||||||
13 | position in the fire department on grounds of habits or moral
| ||||||
14 | character.
| ||||||
15 | (d) The age limitation in subsection (a) does not apply | ||||||
16 | (i) to any person
previously employed as a policeman or | ||||||
17 | fireman in a regularly constituted police
or fire department | ||||||
18 | of (I) any municipality, regardless of whether the | ||||||
19 | municipality is located in Illinois or in another state, or | ||||||
20 | (II) a fire protection district
whose obligations were assumed | ||||||
21 | by a municipality under Section 21 of the Fire
Protection | ||||||
22 | District Act, (ii) to any person who has served a municipality | ||||||
23 | as a
regularly enrolled volunteer fireman for 5 years | ||||||
24 | immediately preceding the time
that municipality begins to use | ||||||
25 | full time firemen to provide all or part of its
fire protection | ||||||
26 | service, or (iii) to any person who has served as an auxiliary |
| |||||||
| |||||||
1 | police officer under Section 3.1-30-20 for at least 5 years | ||||||
2 | and is under 40 years of
age, (iv) to any person who has served | ||||||
3 | as a deputy under Section 3-6008 of
the Counties Code and | ||||||
4 | otherwise meets necessary training requirements, or (v) to any | ||||||
5 | person who has served as a sworn officer as a member of the | ||||||
6 | Illinois State Police.
| ||||||
7 | (e) Applicants who are 20 years of age and who have | ||||||
8 | successfully completed 2
years of law enforcement studies at | ||||||
9 | an accredited college or university may be
considered for | ||||||
10 | appointment to active duty with the police department. An
| ||||||
11 | applicant described in this subsection (e) who is appointed to | ||||||
12 | active duty
shall not have power of arrest, nor shall the | ||||||
13 | applicant be permitted to carry
firearms, until he or she | ||||||
14 | reaches 21 years of age.
| ||||||
15 | (f) Applicants who are 18 years of age and who have | ||||||
16 | successfully
completed 2 years of study in fire techniques, | ||||||
17 | amounting to a total of 4
high school credits, within the cadet | ||||||
18 | program of a municipality may be
considered for appointment to | ||||||
19 | active duty with the fire department of any
municipality.
| ||||||
20 | (g) The council or board of trustees may by ordinance | ||||||
21 | provide
that persons residing outside the municipality are | ||||||
22 | eligible to take the
examination.
| ||||||
23 | (h) The examinations shall be practical in character and | ||||||
24 | relate to
those matters that will fairly test the capacity of | ||||||
25 | the persons examined
to discharge the duties of the positions | ||||||
26 | to which they seek appointment. No
person shall be appointed |
| |||||||
| |||||||
1 | to the police or fire department if he or she does
not possess | ||||||
2 | a high school diploma or an equivalent high school education.
| ||||||
3 | A board of fire and police commissioners may, by its rules, | ||||||
4 | require police
applicants to have obtained an associate's | ||||||
5 | degree or a bachelor's degree as a
prerequisite for | ||||||
6 | employment. The
examinations shall include tests of physical | ||||||
7 | qualifications and health. A board of fire and police | ||||||
8 | commissioners may, by its rules, waive portions of the | ||||||
9 | required examination for police applicants who have previously | ||||||
10 | been full-time sworn officers of a regular police department | ||||||
11 | in any municipal, county, university, or State law enforcement | ||||||
12 | agency, provided they are certified by the Illinois Law | ||||||
13 | Enforcement Training Standards Board and have been with their | ||||||
14 | respective law enforcement agency within the State for at | ||||||
15 | least 2 years. No
person shall be appointed to the police or | ||||||
16 | fire department if he or she has
suffered the amputation of any | ||||||
17 | limb unless the applicant's duties will be only
clerical or as | ||||||
18 | a radio operator. No applicant shall be examined concerning | ||||||
19 | his
or her political or religious opinions or affiliations. | ||||||
20 | The examinations shall
be conducted by the board of fire and | ||||||
21 | police commissioners of the municipality
as provided in this | ||||||
22 | Division 2.1.
| ||||||
23 | The requirement that a police applicant possess an | ||||||
24 | associate's degree under this subsection may be waived if one | ||||||
25 | or more of the following applies: (1) the applicant has served | ||||||
26 | for 24 months of honorable active duty in the United States |
| |||||||
| |||||||
1 | Armed Forces and has not been discharged dishonorably or under | ||||||
2 | circumstances other than honorable; (2) the applicant has | ||||||
3 | served for 180 days of active duty in the United States Armed | ||||||
4 | Forces in combat duty recognized by the Department of Defense | ||||||
5 | and has not been discharged dishonorably or under | ||||||
6 | circumstances other than honorable; or (3) the applicant has | ||||||
7 | successfully received credit for a minimum of 60 credit hours | ||||||
8 | toward a bachelor's degree from an accredited college or | ||||||
9 | university. | ||||||
10 | The requirement that a police applicant possess a | ||||||
11 | bachelor's degree under this subsection may be waived if one | ||||||
12 | or more of the following applies: (1) the applicant has served | ||||||
13 | for 36 months of honorable active duty in the United States | ||||||
14 | Armed Forces and has not been discharged dishonorably or under | ||||||
15 | circumstances other than honorable or (2) the applicant has | ||||||
16 | served for 180 days of active duty in the United States Armed | ||||||
17 | Forces in combat duty recognized by the Department of Defense | ||||||
18 | and has not been discharged dishonorably or under | ||||||
19 | circumstances other than honorable. | ||||||
20 | (i) No person who is classified by his local selective | ||||||
21 | service draft board
as a conscientious objector, or who has | ||||||
22 | ever been so classified, may be
appointed to the police | ||||||
23 | department.
| ||||||
24 | (j) No person shall be appointed to the police or fire | ||||||
25 | department unless he
or she is a person of good character and | ||||||
26 | not an habitual drunkard, gambler, or
a person who has been |
| |||||||
| |||||||
1 | convicted of a felony or a crime involving moral
turpitude. No | ||||||
2 | person, however, shall be disqualified from appointment to the
| ||||||
3 | fire department because of his or her record of misdemeanor | ||||||
4 | convictions except
those under Sections 11-1.50, 11-6, 11-7, | ||||||
5 | 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
| ||||||
6 | 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, | ||||||
7 | 31-1, 31-4, 31-6,
31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, | ||||||
8 | subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and | ||||||
9 | paragraphs subsections (1), (6) , and (8) of subsection (a) of | ||||||
10 | Section
24-1 of the Criminal Code of 1961 or the Criminal Code | ||||||
11 | of 2012, or arrest for any cause without conviction on
that | ||||||
12 | cause. Any such person who is in the department may be removed | ||||||
13 | on charges
brought and after a trial as provided in this | ||||||
14 | Division 2.1.
| ||||||
15 | (Source: P.A. 102-538, eff. 8-20-21; revised 12-3-21.)
| ||||||
16 | (65 ILCS 5/10-2.1-6.3) | ||||||
17 | Sec. 10-2.1-6.3. Original appointments; full-time fire | ||||||
18 | department. | ||||||
19 | (a) Applicability. Unless a commission elects to follow | ||||||
20 | the provisions of Section 10-2.1-6.4, this Section shall apply | ||||||
21 | to all original appointments to an affected full-time fire | ||||||
22 | department. Existing registers of eligibles shall continue to | ||||||
23 | be valid until their expiration dates, or up to a maximum of 2 | ||||||
24 | years after August 4, 2011 (the effective date of Public Act | ||||||
25 | 97-251). |
| |||||||
| |||||||
1 | Notwithstanding any statute, ordinance, rule, or other law | ||||||
2 | to the contrary, all original appointments to an affected | ||||||
3 | department to which this Section applies shall be administered | ||||||
4 | in the manner provided for in this Section. Provisions of the | ||||||
5 | Illinois Municipal Code, municipal ordinances, and rules | ||||||
6 | adopted pursuant to such authority and other laws relating to | ||||||
7 | initial hiring of firefighters in affected departments shall | ||||||
8 | continue to apply to the extent they are compatible with this | ||||||
9 | Section, but in the event of a conflict between this Section | ||||||
10 | and any other law, this Section shall control. | ||||||
11 | A home rule or non-home rule municipality may not | ||||||
12 | administer its fire department process for original | ||||||
13 | appointments in a manner that is less stringent than this | ||||||
14 | Section. This Section is a limitation under subsection (i) of | ||||||
15 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
16 | concurrent exercise by home rule units of the powers and | ||||||
17 | functions exercised by the State. | ||||||
18 | A municipality that is operating under a court order or | ||||||
19 | consent decree regarding original appointments to a full-time | ||||||
20 | fire department before August 4, 2011 (the effective date of | ||||||
21 | Public Act 97-251) is exempt from the requirements of this | ||||||
22 | Section for the duration of the court order or consent decree. | ||||||
23 | Notwithstanding any other provision of this subsection | ||||||
24 | (a), this Section does not apply to a municipality with more | ||||||
25 | than 1,000,000 inhabitants. | ||||||
26 | (b) Original appointments. All original appointments made |
| |||||||
| |||||||
1 | to an affected fire department shall be made from a register of | ||||||
2 | eligibles established in accordance with the processes | ||||||
3 | established by this Section. Only persons who meet or exceed | ||||||
4 | the performance standards required by this Section shall be | ||||||
5 | placed on a register of eligibles for original appointment to | ||||||
6 | an affected fire department. | ||||||
7 | Whenever an appointing authority authorizes action to hire | ||||||
8 | a person to perform the duties of a firefighter or to hire a | ||||||
9 | firefighter-paramedic to fill a position that is a new | ||||||
10 | position or vacancy due to resignation, discharge, promotion, | ||||||
11 | death, the granting of a disability or retirement pension, or | ||||||
12 | any other cause, the appointing authority shall appoint to | ||||||
13 | that position the person with the highest ranking on the final | ||||||
14 | eligibility list. If the appointing authority has reason to | ||||||
15 | conclude that the highest ranked person fails to meet the | ||||||
16 | minimum standards for the position or if the appointing | ||||||
17 | authority believes an alternate candidate would better serve | ||||||
18 | the needs of the department, then the appointing authority has | ||||||
19 | the right to pass over the highest ranked person and appoint | ||||||
20 | either: (i) any person who has a ranking in the top 5% of the | ||||||
21 | register of eligibles or (ii) any person who is among the top 5 | ||||||
22 | highest ranked persons on the list of eligibles if the number | ||||||
23 | of people who have a ranking in the top 5% of the register of | ||||||
24 | eligibles is less than 5 people. | ||||||
25 | Any candidate may pass on an appointment once without | ||||||
26 | losing his or her position on the register of eligibles. Any |
| |||||||
| |||||||
1 | candidate who passes a second time may be removed from the list | ||||||
2 | by the appointing authority provided that such action shall | ||||||
3 | not prejudice a person's opportunities to participate in | ||||||
4 | future examinations, including an examination held during the | ||||||
5 | time a candidate is already on the municipality's register of | ||||||
6 | eligibles. | ||||||
7 | The sole authority to issue certificates of appointment | ||||||
8 | shall be vested in the board of fire and police commissioners. | ||||||
9 | All certificates of appointment issued to any officer or | ||||||
10 | member of an affected department shall be signed by the | ||||||
11 | chairperson and secretary, respectively, of the board upon | ||||||
12 | appointment of such officer or member to the affected | ||||||
13 | department by action of the board. After being selected from | ||||||
14 | the register of eligibles to fill a vacancy in the affected | ||||||
15 | department, each appointee shall be presented with his or her | ||||||
16 | certificate of appointment on the day on which he or she is | ||||||
17 | sworn in as a classified member of the affected department. | ||||||
18 | Firefighters who were not issued a certificate of appointment | ||||||
19 | when originally appointed shall be provided with a certificate | ||||||
20 | within 10 days after making a written request to the | ||||||
21 | chairperson of the board of fire and police commissioners. | ||||||
22 | Each person who accepts a certificate of appointment and | ||||||
23 | successfully completes his or her probationary period shall be | ||||||
24 | enrolled as a firefighter and as a regular member of the fire | ||||||
25 | department. | ||||||
26 | For the purposes of this Section, "firefighter" means any |
| |||||||
| |||||||
1 | person who has been prior to, on, or after August 4, 2011 (the | ||||||
2 | effective date of Public Act 97-251) appointed to a fire | ||||||
3 | department or fire protection district or employed by a State | ||||||
4 | university and sworn or commissioned to perform firefighter | ||||||
5 | duties or paramedic duties, or both, except that the following | ||||||
6 | persons are not included: part-time firefighters; auxiliary, | ||||||
7 | reserve, or voluntary firefighters, including paid-on-call | ||||||
8 | firefighters; clerks and dispatchers or other civilian | ||||||
9 | employees of a fire department or fire protection district who | ||||||
10 | are not routinely expected to perform firefighter duties; and | ||||||
11 | elected officials. | ||||||
12 | (c) Qualification for placement on register of eligibles. | ||||||
13 | The purpose of establishing a register of eligibles is to | ||||||
14 | identify applicants who possess and demonstrate the mental | ||||||
15 | aptitude and physical ability to perform the duties required | ||||||
16 | of members of the fire department in order to provide the | ||||||
17 | highest quality of service to the public. To this end, all | ||||||
18 | applicants for original appointment to an affected fire | ||||||
19 | department shall be subject to examination and testing which | ||||||
20 | shall be public, competitive, and open to all applicants | ||||||
21 | unless the municipality shall by ordinance limit applicants to | ||||||
22 | residents of the municipality, county or counties in which the | ||||||
23 | municipality is located, State, or nation. Any examination and | ||||||
24 | testing procedure utilized under subsection (e) of this | ||||||
25 | Section shall be supported by appropriate validation evidence | ||||||
26 | and shall comply with all applicable State and federal laws. |
| |||||||
| |||||||
1 | Municipalities may establish educational, emergency medical | ||||||
2 | service licensure, and other prerequisites for participation | ||||||
3 | in an examination or for hire as a firefighter. Any | ||||||
4 | municipality may charge a fee to cover the costs of the | ||||||
5 | application process. | ||||||
6 | Residency requirements in effect at the time an individual | ||||||
7 | enters the fire service of a municipality cannot be made more | ||||||
8 | restrictive for that individual during his or her period of | ||||||
9 | service for that municipality, or be made a condition of | ||||||
10 | promotion, except for the rank or position of fire chief and | ||||||
11 | for no more than 2 positions that rank immediately below that | ||||||
12 | of the chief rank which are appointed positions pursuant to | ||||||
13 | the Fire Department Promotion Act. | ||||||
14 | No person who is 35 years of age or older shall be eligible | ||||||
15 | to take an examination for a position as a firefighter unless | ||||||
16 | the person has had previous employment status as a firefighter | ||||||
17 | in the regularly constituted fire department of the | ||||||
18 | municipality, except as provided in this Section. The age | ||||||
19 | limitation does not apply to: | ||||||
20 | (1) any person previously employed as a full-time | ||||||
21 | firefighter in a regularly constituted fire department of | ||||||
22 | (i) any municipality or fire protection district located | ||||||
23 | in Illinois, (ii) a fire protection district whose | ||||||
24 | obligations were assumed by a municipality under Section | ||||||
25 | 21 of the Fire Protection District Act, or (iii) a | ||||||
26 | municipality whose obligations were taken over by a fire |
| |||||||
| |||||||
1 | protection district, | ||||||
2 | (2) any person who has served a municipality as a | ||||||
3 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
4 | firefighter, or | ||||||
5 | (3) any person who turned 35 while serving as a member | ||||||
6 | of the active or reserve components of any of the branches | ||||||
7 | of the Armed Forces of the United States or the National | ||||||
8 | Guard of any state, whose service was characterized as | ||||||
9 | honorable or under honorable, if separated from the | ||||||
10 | military, and is currently under the age of 40. | ||||||
11 | No person who is under 21 years of age shall be eligible | ||||||
12 | for employment as a firefighter. | ||||||
13 | No applicant shall be examined concerning his or her | ||||||
14 | political or religious opinions or affiliations. The | ||||||
15 | examinations shall be conducted by the commissioners of the | ||||||
16 | municipality or their designees and agents. | ||||||
17 | No municipality shall require that any firefighter | ||||||
18 | appointed to the lowest rank serve a probationary employment | ||||||
19 | period of longer than one year of actual active employment, | ||||||
20 | which may exclude periods of training, or injury or illness | ||||||
21 | leaves, including duty related leave, in excess of 30 calendar | ||||||
22 | days. Notwithstanding anything to the contrary in this | ||||||
23 | Section, the probationary employment period limitation may be | ||||||
24 | extended for a firefighter who is required, as a condition of | ||||||
25 | employment, to be a licensed paramedic, during which time the | ||||||
26 | sole reason that a firefighter may be discharged without a |
| |||||||
| |||||||
1 | hearing is for failing to meet the requirements for paramedic | ||||||
2 | licensure. | ||||||
3 | In the event that any applicant who has been found | ||||||
4 | eligible for appointment and whose name has been placed upon | ||||||
5 | the final eligibility register provided for in this Section | ||||||
6 | has not been appointed to a firefighter position within one | ||||||
7 | year after the date of his or her physical ability | ||||||
8 | examination, the commission may cause a second examination to | ||||||
9 | be made of that applicant's physical ability prior to his or | ||||||
10 | her appointment. If, after the second examination, the | ||||||
11 | physical ability of the applicant shall be found to be less | ||||||
12 | than the minimum standard fixed by the rules of the | ||||||
13 | commission, the applicant shall not be appointed. The | ||||||
14 | applicant's name may be retained upon the register of | ||||||
15 | candidates eligible for appointment and when next reached for | ||||||
16 | certification and appointment that applicant may be again | ||||||
17 | examined as provided in this Section, and if the physical | ||||||
18 | ability of that applicant is found to be less than the minimum | ||||||
19 | standard fixed by the rules of the commission, the applicant | ||||||
20 | shall not be appointed, and the name of the applicant shall be | ||||||
21 | removed from the register. | ||||||
22 | (d) Notice, examination, and testing components. Notice of | ||||||
23 | the time, place, general scope, merit criteria for any | ||||||
24 | subjective component, and fee of every examination shall be | ||||||
25 | given by the commission, by a publication at least 2 weeks | ||||||
26 | preceding the examination: (i) in one or more newspapers |
| |||||||
| |||||||
1 | published in the municipality, or if no newspaper is published | ||||||
2 | therein, then in one or more newspapers with a general | ||||||
3 | circulation within the municipality, or (ii) on the | ||||||
4 | municipality's Internet website. Additional notice of the | ||||||
5 | examination may be given as the commission shall prescribe. | ||||||
6 | The examination and qualifying standards for employment of | ||||||
7 | firefighters shall be based on: mental aptitude, physical | ||||||
8 | ability, preferences, moral character, and health. The mental | ||||||
9 | aptitude, physical ability, and preference components shall | ||||||
10 | determine an applicant's qualification for and placement on | ||||||
11 | the final register of eligibles. The examination may also | ||||||
12 | include a subjective component based on merit criteria as | ||||||
13 | determined by the commission. Scores from the examination must | ||||||
14 | be made available to the public. | ||||||
15 | (e) Mental aptitude. No person who does not possess at | ||||||
16 | least a high school diploma or an equivalent high school | ||||||
17 | education shall be placed on a register of eligibles. | ||||||
18 | Examination of an applicant's mental aptitude shall be based | ||||||
19 | upon a written examination. The examination shall be practical | ||||||
20 | in character and relate to those matters that fairly test the | ||||||
21 | capacity of the persons examined to discharge the duties | ||||||
22 | performed by members of a fire department. Written | ||||||
23 | examinations shall be administered in a manner that ensures | ||||||
24 | the security and accuracy of the scores achieved. | ||||||
25 | (f) Physical ability. All candidates shall be required to | ||||||
26 | undergo an examination of their physical ability to perform |
| |||||||
| |||||||
1 | the essential functions included in the duties they may be | ||||||
2 | called upon to perform as a member of a fire department. For | ||||||
3 | the purposes of this Section, essential functions of the job | ||||||
4 | are functions associated with duties that a firefighter may be | ||||||
5 | called upon to perform in response to emergency calls. The | ||||||
6 | frequency of the occurrence of those duties as part of the fire | ||||||
7 | department's regular routine shall not be a controlling factor | ||||||
8 | in the design of examination criteria or evolutions selected | ||||||
9 | for testing. These physical examinations shall be open, | ||||||
10 | competitive, and based on industry standards designed to test | ||||||
11 | each applicant's physical abilities in the following | ||||||
12 | dimensions: | ||||||
13 | (1) Muscular strength to perform tasks and evolutions | ||||||
14 | that may be required in the performance of duties | ||||||
15 | including grip strength, leg strength, and arm strength. | ||||||
16 | Tests shall be conducted under anaerobic as well as | ||||||
17 | aerobic conditions to test both the candidate's speed and | ||||||
18 | endurance in performing tasks and evolutions. Tasks tested | ||||||
19 | may be based on standards developed, or approved, by the | ||||||
20 | local appointing authority. | ||||||
21 | (2) The ability to climb ladders, operate from | ||||||
22 | heights, walk or crawl in the dark along narrow and uneven | ||||||
23 | surfaces, and operate in proximity to hazardous | ||||||
24 | environments. | ||||||
25 | (3) The ability to carry out critical, time-sensitive, | ||||||
26 | and complex problem solving during physical exertion in |
| |||||||
| |||||||
1 | stressful and hazardous environments. The testing | ||||||
2 | environment may be hot and dark with tightly enclosed | ||||||
3 | spaces, flashing lights, sirens, and other distractions. | ||||||
4 | The tests utilized to measure each applicant's
| ||||||
5 | capabilities in each of these dimensions may be tests based on
| ||||||
6 | industry standards currently in use or equivalent tests | ||||||
7 | approved by the Joint Labor-Management Committee of the Office | ||||||
8 | of the State Fire Marshal. | ||||||
9 | Physical ability examinations administered under this | ||||||
10 | Section shall be conducted with a reasonable number of | ||||||
11 | proctors and monitors, open to the public, and subject to | ||||||
12 | reasonable regulations of the commission. | ||||||
13 | (g) Scoring of examination components. Appointing | ||||||
14 | authorities may create a preliminary eligibility register. A | ||||||
15 | person shall be placed on the list based upon his or her | ||||||
16 | passage of the written examination or the passage of the | ||||||
17 | written examination and the physical ability component. | ||||||
18 | Passage of the written examination means attaining the minimum | ||||||
19 | score set by the commission. Minimum scores should be set by | ||||||
20 | the commission so as to demonstrate a candidate's ability to | ||||||
21 | perform the essential functions of the job. The minimum score | ||||||
22 | set by the commission shall be supported by appropriate | ||||||
23 | validation evidence and shall comply with all applicable State | ||||||
24 | and federal laws. The appointing authority may conduct the | ||||||
25 | physical ability component and any subjective components | ||||||
26 | subsequent to the posting of the preliminary eligibility |
| |||||||
| |||||||
1 | register. | ||||||
2 | The examination components for an initial eligibility | ||||||
3 | register shall be graded on a 100-point scale. A person's | ||||||
4 | position on the list shall be determined by the following: (i)
| ||||||
5 | the person's score on the written examination, (ii) the person
| ||||||
6 | successfully passing the physical ability component, and (iii) | ||||||
7 | the
person's results on any subjective component as described | ||||||
8 | in
subsection (d). | ||||||
9 | In order to qualify for placement on the final eligibility | ||||||
10 | register, an applicant's score on the written examination, | ||||||
11 | before any applicable preference points or subjective points | ||||||
12 | are applied, shall be at or above the minimum score as set by | ||||||
13 | the commission. The local appointing authority may prescribe | ||||||
14 | the score to qualify for placement on the final eligibility | ||||||
15 | register, but the score shall not be less than the minimum | ||||||
16 | score set by the commission. | ||||||
17 | The commission shall prepare and keep a register of | ||||||
18 | persons whose total score is not less than the minimum score | ||||||
19 | for passage and who have passed the physical ability | ||||||
20 | examination. These persons shall take rank upon the register | ||||||
21 | as candidates in the order of their relative excellence based | ||||||
22 | on the highest to the lowest total points scored on the mental | ||||||
23 | aptitude, subjective component, and preference components of | ||||||
24 | the test administered in accordance with this Section. No more | ||||||
25 | than 60 days after each examination, an initial eligibility | ||||||
26 | list shall be posted by the commission. The list shall include |
| |||||||
| |||||||
1 | the final grades of the candidates without reference to | ||||||
2 | priority of the time of examination and subject to claim for | ||||||
3 | preference credit. | ||||||
4 | Commissions may conduct additional examinations, including | ||||||
5 | without limitation a polygraph test, after a final eligibility | ||||||
6 | register is established and before it expires with the | ||||||
7 | candidates ranked by total score without regard to date of | ||||||
8 | examination. No more than 60 days after each examination, an | ||||||
9 | initial eligibility list shall be posted by the commission | ||||||
10 | showing the final grades of the candidates without reference | ||||||
11 | to priority of time of examination and subject to claim for | ||||||
12 | preference credit. | ||||||
13 | (h) Preferences. The following are preferences: | ||||||
14 | (1) Veteran preference. Persons who were engaged in | ||||||
15 | the military service of the United States for a period of | ||||||
16 | at least one year of active duty and who were honorably | ||||||
17 | discharged therefrom, or who are now or have been members | ||||||
18 | on inactive or reserve duty in such military or naval | ||||||
19 | service, shall be preferred for appointment to and | ||||||
20 | employment with the fire department of an affected | ||||||
21 | department. | ||||||
22 | (2) Fire cadet preference. Persons who have | ||||||
23 | successfully completed 2 years of study in fire techniques | ||||||
24 | or cadet training within a cadet program established under | ||||||
25 | the rules of the Joint Labor and Management Committee | ||||||
26 | (JLMC), as defined in Section 50 of the Fire Department |
| |||||||
| |||||||
1 | Promotion Act, may be preferred for appointment to and | ||||||
2 | employment with the fire department. | ||||||
3 | (3) Educational preference. Persons who have | ||||||
4 | successfully obtained an associate's degree in the field | ||||||
5 | of fire service or emergency medical services, or a | ||||||
6 | bachelor's degree from an accredited college or university | ||||||
7 | may be preferred for appointment to and employment with | ||||||
8 | the fire department. | ||||||
9 | (4) Paramedic preference. Persons who have obtained a | ||||||
10 | license as a paramedic shall be preferred for appointment | ||||||
11 | to and employment with the fire department of an affected | ||||||
12 | department providing emergency medical services. | ||||||
13 | (5) Experience preference. All persons employed by a | ||||||
14 | municipality who have been paid-on-call or part-time | ||||||
15 | certified Firefighter II, State of Illinois or nationally | ||||||
16 | licensed EMT, EMT-I, A-EMT, or any combination of those | ||||||
17 | capacities shall be awarded 0.5 point for each year of | ||||||
18 | successful service in one or more of those capacities, up | ||||||
19 | to a maximum of 5 points. Certified Firefighter III and | ||||||
20 | State of Illinois or nationally licensed paramedics shall | ||||||
21 | be awarded one point per year up to a maximum of 5 points. | ||||||
22 | Applicants from outside the municipality who were employed | ||||||
23 | as full-time firefighters or firefighter-paramedics by a | ||||||
24 | fire protection district or another municipality for at | ||||||
25 | least 2 years shall be awarded 5 experience preference | ||||||
26 | points. These additional points presuppose a rating scale |
| |||||||
| |||||||
1 | totaling 100 points available for the eligibility list. If | ||||||
2 | more or fewer points are used in the rating scale for the | ||||||
3 | eligibility list, the points awarded under this subsection | ||||||
4 | shall be increased or decreased by a factor equal to the | ||||||
5 | total possible points available for the examination | ||||||
6 | divided by 100. | ||||||
7 | Upon request by the commission, the governing body of | ||||||
8 | the municipality or in the case of applicants from outside | ||||||
9 | the municipality the governing body of any fire protection | ||||||
10 | district or any other municipality shall certify to the | ||||||
11 | commission, within 10 days after the request, the number | ||||||
12 | of years of successful paid-on-call, part-time, or | ||||||
13 | full-time service of any person. A candidate may not | ||||||
14 | receive the full amount of preference points under this | ||||||
15 | subsection if the amount of points awarded would place the | ||||||
16 | candidate before a veteran on the eligibility list. If | ||||||
17 | more than one candidate receiving experience preference | ||||||
18 | points is prevented from receiving all of their points due | ||||||
19 | to not being allowed to pass a veteran, the candidates | ||||||
20 | shall be placed on the list below the veteran in rank order | ||||||
21 | based on the totals received if all points under this | ||||||
22 | subsection were to be awarded. Any remaining ties on the | ||||||
23 | list shall be determined by lot. | ||||||
24 | (6) Residency preference. Applicants whose principal | ||||||
25 | residence is located within the fire department's | ||||||
26 | jurisdiction shall be preferred for appointment to and |
| |||||||
| |||||||
1 | employment with the fire department. | ||||||
2 | (7) Additional preferences. Up to 5 additional | ||||||
3 | preference points may be awarded for unique categories | ||||||
4 | based on an applicant's experience or background as | ||||||
5 | identified by the commission. | ||||||
6 | (7.5) Apprentice preferences. A person who has | ||||||
7 | performed fire suppression service for a department as a | ||||||
8 | firefighter apprentice and otherwise meets the | ||||||
9 | qualifications for original appointment as a firefighter | ||||||
10 | specified in this Section is eligible to be awarded up to | ||||||
11 | 20 preference points. To qualify for preference points, an | ||||||
12 | applicant shall have completed a minimum of 600 hours of | ||||||
13 | fire suppression work on a regular shift for the affected | ||||||
14 | fire department over a 12-month period. The fire | ||||||
15 | suppression work must be in accordance with Section | ||||||
16 | 10-2.1-4 of this Division and the terms established by a | ||||||
17 | Joint Apprenticeship Committee included in a collective | ||||||
18 | bargaining agreement agreed between the employer and its | ||||||
19 | certified bargaining agent. An eligible applicant must | ||||||
20 | apply to the Joint Apprenticeship Committee for preference | ||||||
21 | points under this item. The Joint Apprenticeship Committee | ||||||
22 | shall evaluate the merit of the applicant's performance, | ||||||
23 | determine the preference points to be awarded, and certify | ||||||
24 | the amount of points awarded to the commissioners. The | ||||||
25 | commissioners may add the certified preference points to | ||||||
26 | the final grades achieved by the applicant on the other |
| |||||||
| |||||||
1 | components of the examination. | ||||||
2 | (8) Scoring of preferences. The commission may give | ||||||
3 | preference for original appointment
to persons designated | ||||||
4 | in item (1)
by adding to the final grade that they receive | ||||||
5 | 5 points
for the recognized preference achieved. The | ||||||
6 | commission may give preference for original appointment to | ||||||
7 | persons designated in item (7.5) by adding to the final | ||||||
8 | grade the amount of points designated by the Joint | ||||||
9 | Apprenticeship Committee as defined in item (7.5). The | ||||||
10 | commission shall determine the number of preference points | ||||||
11 | for each category, except items (1) and (7.5). The number | ||||||
12 | of preference points for each category shall range from 0 | ||||||
13 | to 5, except item (7.5). In determining the number of | ||||||
14 | preference points, the commission shall prescribe that if | ||||||
15 | a candidate earns the maximum number of preference points | ||||||
16 | in all categories except item (7.5), that number may not | ||||||
17 | be less than 10 nor more than 30. The commission shall give | ||||||
18 | preference for original appointment to persons designated | ||||||
19 | in items (2) through (7) by adding the requisite number of | ||||||
20 | points to the final grade for each recognized preference | ||||||
21 | achieved. The numerical result thus attained shall be | ||||||
22 | applied by the commission in determining the final | ||||||
23 | eligibility list and appointment from the eligibility | ||||||
24 | list. The local appointing authority may prescribe the | ||||||
25 | total number of preference points awarded under this | ||||||
26 | Section, but the total number of preference points, except |
| |||||||
| |||||||
1 | item (7.5), shall not be less than 10 points or more than | ||||||
2 | 30 points. Apprentice preference points may be added in | ||||||
3 | addition to other preference points awarded by the | ||||||
4 | commission. | ||||||
5 | No person entitled to any preference shall be required to | ||||||
6 | claim the credit before any examination held under the | ||||||
7 | provisions of this Section, but the preference may be given | ||||||
8 | after the posting or publication of the initial eligibility | ||||||
9 | list or register at the request of a person entitled to a | ||||||
10 | credit before any certification or appointments are made from | ||||||
11 | the eligibility register, upon the furnishing of verifiable | ||||||
12 | evidence and proof of qualifying preference credit. Candidates | ||||||
13 | who are eligible for preference credit may make a claim in | ||||||
14 | writing within 10 days after the posting of the initial | ||||||
15 | eligibility list, or the claim may be deemed waived. Final | ||||||
16 | eligibility registers may be established after the awarding of | ||||||
17 | verified preference points. However, apprentice preference | ||||||
18 | credit earned subsequent to the establishment of the final | ||||||
19 | eligibility register may be applied to the applicant's score | ||||||
20 | upon certification by the Joint Apprenticeship Committee to | ||||||
21 | the commission and the rank order of candidates on the final | ||||||
22 | eligibility register shall be adjusted accordingly. All | ||||||
23 | employment shall be subject to the commission's initial hire | ||||||
24 | background review, including, but not limited to, criminal | ||||||
25 | history, employment history, moral character, oral | ||||||
26 | examination, and medical and psychological examinations, all |
| |||||||
| |||||||
1 | on a pass-fail basis. The medical and psychological | ||||||
2 | examinations must be conducted last, and may only be performed | ||||||
3 | after a conditional offer of employment has been extended. | ||||||
4 | Any person placed on an eligibility list who exceeds the | ||||||
5 | age requirement before being appointed to a fire department | ||||||
6 | shall remain eligible for appointment until the list is | ||||||
7 | abolished, or his or her name has been on the list for a period | ||||||
8 | of 2 years. No person who has attained the age of 35 years | ||||||
9 | shall be inducted into a fire department, except as otherwise | ||||||
10 | provided in this Section. | ||||||
11 | The commission shall strike off the names of candidates | ||||||
12 | for original appointment after the names have been on the list | ||||||
13 | for more than 2 years. | ||||||
14 | (i) Moral character. No person shall be appointed to a | ||||||
15 | fire department unless he or she is a person of good character; | ||||||
16 | not a habitual drunkard, a gambler, or a person who has been | ||||||
17 | convicted of a felony or a crime involving moral turpitude. | ||||||
18 | However, no person shall be disqualified from appointment to | ||||||
19 | the fire department because of the person's record of | ||||||
20 | misdemeanor convictions except those under Sections 11-6, | ||||||
21 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
22 | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||||||
23 | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs | ||||||
24 | (1), (6), and (8) of subsection (a) subsections 1, 6, and 8 of | ||||||
25 | Section 24-1 of the Criminal Code of 1961 or the Criminal Code | ||||||
26 | of 2012, or arrest for any cause without conviction thereon. |
| |||||||
| |||||||
1 | Any such person who is in the department may be removed on | ||||||
2 | charges brought for violating this subsection and after a | ||||||
3 | trial as hereinafter provided. | ||||||
4 | A classifiable set of the fingerprints of every person who | ||||||
5 | is offered employment as a certificated member of an affected | ||||||
6 | fire department whether with or without compensation, shall be | ||||||
7 | furnished to the Illinois State Police and to the Federal | ||||||
8 | Bureau of Investigation by the commission. | ||||||
9 | Whenever a commission is authorized or required by law to | ||||||
10 | consider some aspect of criminal history record information | ||||||
11 | for the purpose of carrying out its statutory powers and | ||||||
12 | responsibilities, then, upon request and payment of fees in | ||||||
13 | conformance with the requirements of Section 2605-400 of the | ||||||
14 | Illinois State Police Law of the Civil Administrative Code of | ||||||
15 | Illinois, the Illinois State Police is authorized to furnish, | ||||||
16 | pursuant to positive identification, the information contained | ||||||
17 | in State files as is necessary to fulfill the request. | ||||||
18 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
19 | of public business, to meet extraordinary exigencies, or to | ||||||
20 | prevent material impairment of the fire department, the | ||||||
21 | commission may make temporary appointments, to remain in force | ||||||
22 | only until regular appointments are made under the provisions | ||||||
23 | of this Division, but never to exceed 60 days. No temporary | ||||||
24 | appointment of any one person shall be made more than twice in | ||||||
25 | any calendar year. | ||||||
26 | (k) A person who knowingly divulges or receives test |
| |||||||
| |||||||
1 | questions or answers before a written examination, or | ||||||
2 | otherwise knowingly violates or subverts any requirement of | ||||||
3 | this Section, commits a violation of this Section and may be | ||||||
4 | subject to charges for official misconduct. | ||||||
5 | A person who is the knowing recipient of test information | ||||||
6 | in advance of the examination shall be disqualified from the | ||||||
7 | examination or discharged from the position to which he or she | ||||||
8 | was appointed, as applicable, and otherwise subjected to | ||||||
9 | disciplinary actions.
| ||||||
10 | (Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21; | ||||||
11 | 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; revised | ||||||
12 | 10-5-21.) | ||||||
13 | (65 ILCS 5/10-4-2.3)
| ||||||
14 | Sec. 10-4-2.3. Required health benefits. If a | ||||||
15 | municipality, including a
home rule municipality, is a | ||||||
16 | self-insurer for purposes of providing health
insurance | ||||||
17 | coverage for its employees, the coverage shall include | ||||||
18 | coverage for
the post-mastectomy care benefits required to be | ||||||
19 | covered by a policy of
accident and health insurance under | ||||||
20 | Section 356t and the coverage required
under Sections 356g, | ||||||
21 | 356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.6, 356z.8, | ||||||
22 | 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, | ||||||
23 | 356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, | ||||||
24 | 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, | ||||||
25 | 356z.48, and 356z.51 and 356z.43 of the Illinois
Insurance
|
| |||||||
| |||||||
1 | Code. The coverage shall comply with Sections 155.22a, 355b, | ||||||
2 | 356z.19, and 370c of
the Illinois Insurance Code. The | ||||||
3 | Department of Insurance shall enforce the requirements of this | ||||||
4 | Section. The requirement that health
benefits be covered as | ||||||
5 | provided in this is an exclusive power and function of
the | ||||||
6 | State and is a denial and limitation under Article VII, | ||||||
7 | Section 6,
subsection (h) of the Illinois Constitution. A home | ||||||
8 | rule municipality to which
this Section applies must comply | ||||||
9 | with every provision of this Section.
| ||||||
10 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
11 | any, is conditioned on the rules being adopted in accordance | ||||||
12 | with all provisions of the Illinois Administrative Procedure | ||||||
13 | Act and all rules and procedures of the Joint Committee on | ||||||
14 | Administrative Rules; any purported rule not so adopted, for | ||||||
15 | whatever reason, is unauthorized. | ||||||
16 | (Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20; | ||||||
17 | 101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff. | ||||||
18 | 1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, | ||||||
19 | eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; | ||||||
20 | 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; revised | ||||||
21 | 10-26-21.) | ||||||
22 | Section 300. The Revised Cities and Villages Act of 1941 | ||||||
23 | is amended by changing Section 21-5.1 as follows:
| ||||||
24 | (65 ILCS 20/21-5.1) (from Ch. 24, par. 21-5.1)
|
| |||||||
| |||||||
1 | Sec. 21-5.1. Vice Mayor; election; duties; compensation. | ||||||
2 | Mayor - election - duties - compensation.) Following
election | ||||||
3 | and qualification of alderpersons at a general election as | ||||||
4 | provided
by Section 21-22 of this Act, the City Council shall | ||||||
5 | elect, from among its
members, a Vice Mayor, to serve as | ||||||
6 | interim Mayor of Chicago in the event
that a vacancy occurs in | ||||||
7 | the office of Mayor or in the event that the Council
| ||||||
8 | determines, by 3/5 vote, that the Mayor is under a permanent or | ||||||
9 | protracted
disability caused by illness or injury which | ||||||
10 | renders the Mayor unable to
serve. The Vice Mayor shall serve | ||||||
11 | as interim Mayor. He will serve until
the City Council shall | ||||||
12 | elect one of its members acting Mayor or until the
mayoral term | ||||||
13 | expires.
| ||||||
14 | The Vice Mayor shall receive no compensation as such, but | ||||||
15 | shall receive
compensation as an alderperson even while | ||||||
16 | serving as interim Mayor. While
serving as interim Mayor, the | ||||||
17 | Vice Mayor shall possess all rights and powers
and shall | ||||||
18 | perform the duties of Mayor.
| ||||||
19 | (Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
| ||||||
20 | Section 305. The Fire Protection District Act is amended | ||||||
21 | by changing Sections 16.06 and 16.06b as follows:
| ||||||
22 | (70 ILCS 705/16.06) (from Ch. 127 1/2, par. 37.06)
| ||||||
23 | Sec. 16.06. Eligibility for positions in fire department;
| ||||||
24 | disqualifications. |
| |||||||
| |||||||
1 | (a) All applicants for a position in the fire department | ||||||
2 | of the
fire protection district shall be under 35 years of age | ||||||
3 | and shall be
subjected to examination, which shall be public, | ||||||
4 | competitive, and free to
all applicants, subject to reasonable | ||||||
5 | limitations as to health, habits, and
moral character; | ||||||
6 | provided that the foregoing age limitation shall not apply
in | ||||||
7 | the case of any person having previous employment status as a | ||||||
8 | fireman in a
regularly constituted fire department of any fire | ||||||
9 | protection district, and
further provided that each fireman or | ||||||
10 | fire chief who is a member in
good standing in a regularly | ||||||
11 | constituted fire department of any municipality
which shall be | ||||||
12 | or shall have subsequently been included within the boundaries
| ||||||
13 | of any fire protection district now or hereafter organized | ||||||
14 | shall be given
a preference for original appointment in the | ||||||
15 | same class, grade or employment
over all other applicants. The | ||||||
16 | examinations shall be practical in their
character and shall | ||||||
17 | relate to those matters which will fairly test the persons
| ||||||
18 | examined as to their relative capacity to discharge the duties | ||||||
19 | of the positions
to which they seek appointment. The | ||||||
20 | examinations shall include tests of
physical qualifications | ||||||
21 | and health. No applicant, however, shall be examined
| ||||||
22 | concerning his political or religious opinions or | ||||||
23 | affiliations. The
examinations shall be conducted by the board | ||||||
24 | of fire commissioners.
| ||||||
25 | In any fire protection district that employs full-time | ||||||
26 | firefighters and is subject to a collective bargaining |
| |||||||
| |||||||
1 | agreement, a person who has not qualified for regular | ||||||
2 | appointment under the provisions of this Section shall not be | ||||||
3 | used as a temporary or permanent substitute for certificated | ||||||
4 | members of a fire district's fire department or for regular | ||||||
5 | appointment as a certificated member of a fire district's fire | ||||||
6 | department unless mutually agreed to by the employee's | ||||||
7 | certified bargaining agent. Such agreement shall be considered | ||||||
8 | a permissive subject of bargaining. Fire protection districts | ||||||
9 | covered by the changes made by Public Act 95-490 this | ||||||
10 | amendatory Act of the 95th General Assembly that are using | ||||||
11 | non-certificated employees as substitutes immediately prior to | ||||||
12 | June 1, 2008 ( the effective date of Public Act 95-490) this | ||||||
13 | amendatory Act of the 95th General Assembly may, by mutual | ||||||
14 | agreement with the certified bargaining agent, continue the | ||||||
15 | existing practice or a modified practice and that agreement | ||||||
16 | shall be considered a permissive subject of bargaining.
| ||||||
17 | (b) No person shall be appointed to the fire department | ||||||
18 | unless he or she is
a person of good character and not a person | ||||||
19 | who has been convicted of a felony
in Illinois or convicted in | ||||||
20 | another jurisdiction for conduct that would be a
felony under | ||||||
21 | Illinois law, or convicted of a crime involving moral | ||||||
22 | turpitude.
No person,
however, shall be disqualified from | ||||||
23 | appointment to the fire department because
of his or her | ||||||
24 | record of misdemeanor convictions, except those under Sections
| ||||||
25 | 11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, | ||||||
26 | 11-30, 11-35, 12-2, 12-6, 12-15, 14-4,
16-1,
21.1-3, 24-3.1, |
| |||||||
| |||||||
1 | 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3,
| ||||||
2 | 32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section | ||||||
3 | 11-14.3, and paragraphs subsections (1), (6), and (8) of | ||||||
4 | subsection (a) of Section 24-1 of the Criminal
Code of 1961 or | ||||||
5 | the Criminal Code of 2012.
| ||||||
6 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13; | ||||||
7 | revised 12-3-21.)
| ||||||
8 | (70 ILCS 705/16.06b) | ||||||
9 | Sec. 16.06b. Original appointments; full-time fire | ||||||
10 | department. | ||||||
11 | (a) Applicability. Unless a commission elects to follow | ||||||
12 | the provisions of Section 16.06c, this Section shall apply to | ||||||
13 | all original appointments to an affected full-time fire | ||||||
14 | department. Existing registers of eligibles shall continue to | ||||||
15 | be valid until their expiration dates, or up to a maximum of 2 | ||||||
16 | years after August 4, 2011 (the effective date of Public Act | ||||||
17 | 97-251). | ||||||
18 | Notwithstanding any statute, ordinance, rule, or other law | ||||||
19 | to the contrary, all original appointments to an affected | ||||||
20 | department to which this Section applies shall be administered | ||||||
21 | in a no less stringent manner than the manner provided for in | ||||||
22 | this Section. Provisions of the Illinois Municipal Code, Fire | ||||||
23 | Protection District Act, fire district ordinances, and rules | ||||||
24 | adopted pursuant to such authority and other laws relating to | ||||||
25 | initial hiring of firefighters in affected departments shall |
| |||||||
| |||||||
1 | continue to apply to the extent they are compatible with this | ||||||
2 | Section, but in the event of a conflict between this Section | ||||||
3 | and any other law, this Section shall control. | ||||||
4 | A fire protection district that is operating under a court | ||||||
5 | order or consent decree regarding original appointments to a | ||||||
6 | full-time fire department before August 4, 2011 (the effective | ||||||
7 | date of Public Act 97-251) is exempt from the requirements of | ||||||
8 | this Section for the duration of the court order or consent | ||||||
9 | decree. | ||||||
10 | (b) Original appointments. All original appointments made | ||||||
11 | to an affected fire department shall be made from a register of | ||||||
12 | eligibles established in accordance with the processes | ||||||
13 | required by this Section. Only persons who meet or exceed the | ||||||
14 | performance standards required by the Section shall be placed | ||||||
15 | on a register of eligibles for original appointment to an | ||||||
16 | affected fire department. | ||||||
17 | Whenever an appointing authority authorizes action to hire | ||||||
18 | a person to perform the duties of a firefighter or to hire a | ||||||
19 | firefighter-paramedic to fill a position that is a new | ||||||
20 | position or vacancy due to resignation, discharge, promotion, | ||||||
21 | death, the granting of a disability or retirement pension, or | ||||||
22 | any other cause, the appointing authority shall appoint to | ||||||
23 | that position the person with the highest ranking on the final | ||||||
24 | eligibility list. If the appointing authority has reason to | ||||||
25 | conclude that the highest ranked person fails to meet the | ||||||
26 | minimum standards for the position or if the appointing |
| |||||||
| |||||||
1 | authority believes an alternate candidate would better serve | ||||||
2 | the needs of the department, then the appointing authority has | ||||||
3 | the right to pass over the highest ranked person and appoint | ||||||
4 | either: (i) any person who has a ranking in the top 5% of the | ||||||
5 | register of eligibles or (ii) any person who is among the top 5 | ||||||
6 | highest ranked persons on the list of eligibles if the number | ||||||
7 | of people who have a ranking in the top 5% of the register of | ||||||
8 | eligibles is less than 5 people. | ||||||
9 | Any candidate may pass on an appointment once without | ||||||
10 | losing his or her position on the register of eligibles. Any | ||||||
11 | candidate who passes a second time may be removed from the list | ||||||
12 | by the appointing authority provided that such action shall | ||||||
13 | not prejudice a person's opportunities to participate in | ||||||
14 | future examinations, including an examination held during the | ||||||
15 | time a candidate is already on the fire district's register of | ||||||
16 | eligibles. | ||||||
17 | The sole authority to issue certificates of appointment | ||||||
18 | shall be vested in the board of fire commissioners, or board of | ||||||
19 | trustees serving in the capacity of a board of fire | ||||||
20 | commissioners. All certificates of appointment issued to any | ||||||
21 | officer or member of an affected department shall be signed by | ||||||
22 | the chairperson and secretary, respectively, of the commission | ||||||
23 | upon appointment of such officer or member to the affected | ||||||
24 | department by action of the commission. After being selected | ||||||
25 | from the register of eligibles to fill a vacancy in the | ||||||
26 | affected department, each appointee shall be presented with |
| |||||||
| |||||||
1 | his or her certificate of appointment on the day on which he or | ||||||
2 | she is sworn in as a classified member of the affected | ||||||
3 | department. Firefighters who were not issued a certificate of | ||||||
4 | appointment when originally appointed shall be provided with a | ||||||
5 | certificate within 10 days after making a written request to | ||||||
6 | the chairperson of the board of fire commissioners, or board | ||||||
7 | of trustees serving in the capacity of a board of fire | ||||||
8 | commissioners. Each person who accepts a certificate of | ||||||
9 | appointment and successfully completes his or her probationary | ||||||
10 | period shall be enrolled as a firefighter and as a regular | ||||||
11 | member of the fire department. | ||||||
12 | For the purposes of this Section, "firefighter" means any | ||||||
13 | person who has been prior to, on, or after August 4, 2011 (the | ||||||
14 | effective date of Public Act 97-251) appointed to a fire | ||||||
15 | department or fire protection district or employed by a State | ||||||
16 | university and sworn or commissioned to perform firefighter | ||||||
17 | duties or paramedic duties, or both, except that the following | ||||||
18 | persons are not included: part-time firefighters; auxiliary, | ||||||
19 | reserve, or voluntary firefighters, including paid-on-call | ||||||
20 | firefighters; clerks and dispatchers or other civilian | ||||||
21 | employees of a fire department or fire protection district who | ||||||
22 | are not routinely expected to perform firefighter duties; and | ||||||
23 | elected officials. | ||||||
24 | (c) Qualification for placement on register of eligibles. | ||||||
25 | The purpose of establishing a register of eligibles is to | ||||||
26 | identify applicants who possess and demonstrate the mental |
| |||||||
| |||||||
1 | aptitude and physical ability to perform the duties required | ||||||
2 | of members of the fire department in order to provide the | ||||||
3 | highest quality of service to the public. To this end, all | ||||||
4 | applicants for original appointment to an affected fire | ||||||
5 | department shall be subject to examination and testing which | ||||||
6 | shall be public, competitive, and open to all applicants | ||||||
7 | unless the district shall by ordinance limit applicants to | ||||||
8 | residents of the district, county or counties in which the | ||||||
9 | district is located, State, or nation. Any examination and | ||||||
10 | testing procedure utilized under subsection (e) of this | ||||||
11 | Section shall be supported by appropriate validation evidence | ||||||
12 | and shall comply with all applicable State and federal laws. | ||||||
13 | Districts may establish educational, emergency medical service | ||||||
14 | licensure, and other prerequisites for participation in an | ||||||
15 | examination or for hire as a firefighter. Any fire protection | ||||||
16 | district may charge a fee to cover the costs of the application | ||||||
17 | process. | ||||||
18 | Residency requirements in effect at the time an individual | ||||||
19 | enters the fire service of a district cannot be made more | ||||||
20 | restrictive for that individual during his or her period of | ||||||
21 | service for that district, or be made a condition of | ||||||
22 | promotion, except for the rank or position of fire chief and | ||||||
23 | for no more than 2 positions that rank immediately below that | ||||||
24 | of the chief rank which are appointed positions pursuant to | ||||||
25 | the Fire Department Promotion Act. | ||||||
26 | No person who is 35 years of age or older shall be eligible |
| |||||||
| |||||||
1 | to take an examination for a position as a firefighter unless | ||||||
2 | the person has had previous employment status as a firefighter | ||||||
3 | in the regularly constituted fire department of the district, | ||||||
4 | except as provided in this Section. The age limitation does | ||||||
5 | not apply to: | ||||||
6 | (1) any person previously employed as a full-time | ||||||
7 | firefighter in a regularly constituted fire department of | ||||||
8 | (i) any municipality or fire protection district located | ||||||
9 | in Illinois, (ii) a fire protection district whose | ||||||
10 | obligations were assumed by a municipality under Section | ||||||
11 | 21 of the Fire Protection District Act, or (iii) a | ||||||
12 | municipality whose obligations were taken over by a fire | ||||||
13 | protection district; | ||||||
14 | (2) any person who has served a fire district as a | ||||||
15 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
16 | firefighter; or | ||||||
17 | (3) any person who turned 35 while serving as a member | ||||||
18 | of the active or reserve components of any of the branches | ||||||
19 | of the Armed Forces of the United States or the National | ||||||
20 | Guard of any state, whose service was characterized as | ||||||
21 | honorable or under honorable, if separated from the | ||||||
22 | military, and is currently under the age of 40. | ||||||
23 | No person who is under 21 years of age shall be eligible | ||||||
24 | for employment as a firefighter. | ||||||
25 | No applicant shall be examined concerning his or her | ||||||
26 | political or religious opinions or affiliations. The |
| |||||||
| |||||||
1 | examinations shall be conducted by the commissioners of the | ||||||
2 | district or their designees and agents. | ||||||
3 | No district shall require that any firefighter appointed | ||||||
4 | to the lowest rank serve a probationary employment period of | ||||||
5 | longer than one year of actual active employment, which may | ||||||
6 | exclude periods of training, or injury or illness leaves, | ||||||
7 | including duty related leave, in excess of 30 calendar days. | ||||||
8 | Notwithstanding anything to the contrary in this Section, the | ||||||
9 | probationary employment period limitation may be extended for | ||||||
10 | a firefighter who is required, as a condition of employment, | ||||||
11 | to be a licensed paramedic, during which time the sole reason | ||||||
12 | that a firefighter may be discharged without a hearing is for | ||||||
13 | failing to meet the requirements for paramedic licensure. | ||||||
14 | In the event that any applicant who has been found | ||||||
15 | eligible for appointment and whose name has been placed upon | ||||||
16 | the final eligibility register provided for in this Section | ||||||
17 | has not been appointed to a firefighter position within one | ||||||
18 | year after the date of his or her physical ability | ||||||
19 | examination, the commission may cause a second examination to | ||||||
20 | be made of that applicant's physical ability prior to his or | ||||||
21 | her appointment. If, after the second examination, the | ||||||
22 | physical ability of the applicant shall be found to be less | ||||||
23 | than the minimum standard fixed by the rules of the | ||||||
24 | commission, the applicant shall not be appointed. The | ||||||
25 | applicant's name may be retained upon the register of | ||||||
26 | candidates eligible for appointment and when next reached for |
| |||||||
| |||||||
1 | certification and appointment that applicant may be again | ||||||
2 | examined as provided in this Section, and if the physical | ||||||
3 | ability of that applicant is found to be less than the minimum | ||||||
4 | standard fixed by the rules of the commission, the applicant | ||||||
5 | shall not be appointed, and the name of the applicant shall be | ||||||
6 | removed from the register. | ||||||
7 | (d) Notice, examination, and testing components. Notice of | ||||||
8 | the time, place, general scope, merit criteria for any | ||||||
9 | subjective component, and fee of every examination shall be | ||||||
10 | given by the commission, by a publication at least 2 weeks | ||||||
11 | preceding the examination: (i) in one or more newspapers | ||||||
12 | published in the district, or if no newspaper is published | ||||||
13 | therein, then in one or more newspapers with a general | ||||||
14 | circulation within the district, or (ii) on the fire | ||||||
15 | protection district's Internet website. Additional notice of | ||||||
16 | the examination may be given as the commission shall | ||||||
17 | prescribe. | ||||||
18 | The examination and qualifying standards for employment of | ||||||
19 | firefighters shall be based on: mental aptitude, physical | ||||||
20 | ability, preferences, moral character, and health. The mental | ||||||
21 | aptitude, physical ability, and preference components shall | ||||||
22 | determine an applicant's qualification for and placement on | ||||||
23 | the final register of eligibles. The examination may also | ||||||
24 | include a subjective component based on merit criteria as | ||||||
25 | determined by the commission. Scores from the examination must | ||||||
26 | be made available to the public. |
| |||||||
| |||||||
1 | (e) Mental aptitude. No person who does not possess at | ||||||
2 | least a high school diploma or an equivalent high school | ||||||
3 | education shall be placed on a register of eligibles. | ||||||
4 | Examination of an applicant's mental aptitude shall be based | ||||||
5 | upon a written examination. The examination shall be practical | ||||||
6 | in character and relate to those matters that fairly test the | ||||||
7 | capacity of the persons examined to discharge the duties | ||||||
8 | performed by members of a fire department. Written | ||||||
9 | examinations shall be administered in a manner that ensures | ||||||
10 | the security and accuracy of the scores achieved. | ||||||
11 | (f) Physical ability. All candidates shall be required to | ||||||
12 | undergo an examination of their physical ability to perform | ||||||
13 | the essential functions included in the duties they may be | ||||||
14 | called upon to perform as a member of a fire department. For | ||||||
15 | the purposes of this Section, essential functions of the job | ||||||
16 | are functions associated with duties that a firefighter may be | ||||||
17 | called upon to perform in response to emergency calls. The | ||||||
18 | frequency of the occurrence of those duties as part of the fire | ||||||
19 | department's regular routine shall not be a controlling factor | ||||||
20 | in the design of examination criteria or evolutions selected | ||||||
21 | for testing. These physical examinations shall be open, | ||||||
22 | competitive, and based on industry standards designed to test | ||||||
23 | each applicant's physical abilities in the following | ||||||
24 | dimensions: | ||||||
25 | (1) Muscular strength to perform tasks and evolutions | ||||||
26 | that may be required in the performance of duties |
| |||||||
| |||||||
1 | including grip strength, leg strength, and arm strength. | ||||||
2 | Tests shall be conducted under anaerobic as well as | ||||||
3 | aerobic conditions to test both the candidate's speed and | ||||||
4 | endurance in performing tasks and evolutions. Tasks tested | ||||||
5 | may be based on standards developed, or approved, by the | ||||||
6 | local appointing authority. | ||||||
7 | (2) The ability to climb ladders, operate from | ||||||
8 | heights, walk or crawl in the dark along narrow and uneven | ||||||
9 | surfaces, and operate in proximity to hazardous | ||||||
10 | environments. | ||||||
11 | (3) The ability to carry out critical, time-sensitive, | ||||||
12 | and complex problem solving during physical exertion in | ||||||
13 | stressful and hazardous environments. The testing | ||||||
14 | environment may be hot and dark with tightly enclosed | ||||||
15 | spaces, flashing lights, sirens, and other distractions. | ||||||
16 | The tests utilized to measure each applicant's
| ||||||
17 | capabilities in each of these dimensions may be tests based on
| ||||||
18 | industry standards currently in use or equivalent tests | ||||||
19 | approved by the Joint Labor-Management Committee of the Office | ||||||
20 | of the State Fire Marshal. | ||||||
21 | Physical ability examinations administered under this | ||||||
22 | Section shall be conducted with a reasonable number of | ||||||
23 | proctors and monitors, open to the public, and subject to | ||||||
24 | reasonable regulations of the commission. | ||||||
25 | (g) Scoring of examination components. Appointing | ||||||
26 | authorities may create a preliminary eligibility register. A |
| |||||||
| |||||||
1 | person shall be placed on the list based upon his or her | ||||||
2 | passage of the written examination or the passage of the | ||||||
3 | written examination and the physical ability component. | ||||||
4 | Passage of the written examination means attaining the minimum | ||||||
5 | score set by the commission. Minimum scores should be set by | ||||||
6 | the appointing authorities so as to demonstrate a candidate's | ||||||
7 | ability to perform the essential functions of the job. The | ||||||
8 | minimum score set by the commission shall be supported by | ||||||
9 | appropriate validation evidence and shall comply with all | ||||||
10 | applicable State and federal laws. The appointing authority | ||||||
11 | may conduct the physical ability component and any subjective | ||||||
12 | components subsequent to the posting of the preliminary | ||||||
13 | eligibility register. | ||||||
14 | The examination components for an initial eligibility | ||||||
15 | register shall be graded on a 100-point scale. A person's | ||||||
16 | position on the list shall be determined by the following: (i)
| ||||||
17 | the person's score on the written examination, (ii) the person
| ||||||
18 | successfully passing the physical ability component, and (iii) | ||||||
19 | the
person's results on any subjective component as described | ||||||
20 | in
subsection (d). | ||||||
21 | In order to qualify for placement on the final eligibility | ||||||
22 | register, an applicant's score on the written examination, | ||||||
23 | before any applicable preference points or subjective points | ||||||
24 | are applied, shall be at or above the minimum score set by the | ||||||
25 | commission. The local appointing authority may prescribe the | ||||||
26 | score to qualify for placement on the final eligibility |
| |||||||
| |||||||
1 | register, but the score shall not be less than the minimum | ||||||
2 | score set by the commission. | ||||||
3 | The commission shall prepare and keep a register of | ||||||
4 | persons whose total score is not less than the minimum score | ||||||
5 | for passage and who have passed the physical ability | ||||||
6 | examination. These persons shall take rank upon the register | ||||||
7 | as candidates in the order of their relative excellence based | ||||||
8 | on the highest to the lowest total points scored on the mental | ||||||
9 | aptitude, subjective component, and preference components of | ||||||
10 | the test administered in accordance with this Section. No more | ||||||
11 | than 60 days after each examination, an initial eligibility | ||||||
12 | list shall be posted by the commission. The list shall include | ||||||
13 | the final grades of the candidates without reference to | ||||||
14 | priority of the time of examination and subject to claim for | ||||||
15 | preference credit. | ||||||
16 | Commissions may conduct additional examinations, including | ||||||
17 | without limitation a polygraph test, after a final eligibility | ||||||
18 | register is established and before it expires with the | ||||||
19 | candidates ranked by total score without regard to date of | ||||||
20 | examination. No more than 60 days after each examination, an | ||||||
21 | initial eligibility list shall be posted by the commission | ||||||
22 | showing the final grades of the candidates without reference | ||||||
23 | to priority of time of examination and subject to claim for | ||||||
24 | preference credit. | ||||||
25 | (h) Preferences. The following are preferences: | ||||||
26 | (1) Veteran preference. Persons who were engaged in |
| |||||||
| |||||||
1 | the military service of the United States for a period of | ||||||
2 | at least one year of active duty and who were honorably | ||||||
3 | discharged therefrom, or who are now or have been members | ||||||
4 | on inactive or reserve duty in such military or naval | ||||||
5 | service, shall be preferred for appointment to and | ||||||
6 | employment with the fire department of an affected | ||||||
7 | department. | ||||||
8 | (2) Fire cadet preference. Persons who have | ||||||
9 | successfully completed 2 years of study in fire techniques | ||||||
10 | or cadet training within a cadet program established under | ||||||
11 | the rules of the Joint Labor and Management Committee | ||||||
12 | (JLMC), as defined in Section 50 of the Fire Department | ||||||
13 | Promotion Act, may be preferred for appointment to and | ||||||
14 | employment with the fire department. | ||||||
15 | (3) Educational preference. Persons who have | ||||||
16 | successfully obtained an associate's degree in the field | ||||||
17 | of fire service or emergency medical services, or a | ||||||
18 | bachelor's degree from an accredited college or university | ||||||
19 | may be preferred for appointment to and employment with | ||||||
20 | the fire department. | ||||||
21 | (4) Paramedic preference. Persons who have obtained a | ||||||
22 | license as a paramedic may be preferred for appointment to | ||||||
23 | and employment with the fire department of an affected | ||||||
24 | department providing emergency medical services. | ||||||
25 | (5) Experience preference. All persons employed by a | ||||||
26 | district who have been paid-on-call or part-time certified |
| |||||||
| |||||||
1 | Firefighter II, certified Firefighter III, State of | ||||||
2 | Illinois or nationally licensed EMT, EMT-I, A-EMT, or | ||||||
3 | paramedic, or any combination of those capacities may be | ||||||
4 | awarded up to a maximum of 5 points. However, the | ||||||
5 | applicant may not be awarded more than 0.5 points for each | ||||||
6 | complete year of paid-on-call or part-time service. | ||||||
7 | Applicants from outside the district who were employed as | ||||||
8 | full-time firefighters or firefighter-paramedics by a fire | ||||||
9 | protection district or municipality for at least 2 years | ||||||
10 | may be awarded up to 5 experience preference points. | ||||||
11 | However, the applicant may not be awarded more than one | ||||||
12 | point for each complete year of full-time service. | ||||||
13 | Upon request by the commission, the governing body of | ||||||
14 | the district or in the case of applicants from outside the | ||||||
15 | district the governing body of any other fire protection | ||||||
16 | district or any municipality shall certify to the | ||||||
17 | commission, within 10 days after the request, the number | ||||||
18 | of years of successful paid-on-call, part-time, or | ||||||
19 | full-time service of any person. A candidate may not | ||||||
20 | receive the full amount of preference points under this | ||||||
21 | subsection if the amount of points awarded would place the | ||||||
22 | candidate before a veteran on the eligibility list. If | ||||||
23 | more than one candidate receiving experience preference | ||||||
24 | points is prevented from receiving all of their points due | ||||||
25 | to not being allowed to pass a veteran, the candidates | ||||||
26 | shall be placed on the list below the veteran in rank order |
| |||||||
| |||||||
1 | based on the totals received if all points under this | ||||||
2 | subsection were to be awarded. Any remaining ties on the | ||||||
3 | list shall be determined by lot. | ||||||
4 | (6) Residency preference. Applicants whose principal | ||||||
5 | residence is located within the fire department's | ||||||
6 | jurisdiction may be preferred for appointment to and | ||||||
7 | employment with the fire department. | ||||||
8 | (7) Additional preferences. Up to 5 additional | ||||||
9 | preference points may be awarded for unique categories | ||||||
10 | based on an applicant's experience or background as | ||||||
11 | identified by the commission. | ||||||
12 | (7.5) Apprentice preferences. A person who has | ||||||
13 | performed fire suppression service for a department as a | ||||||
14 | firefighter apprentice and otherwise meets the | ||||||
15 | qualifications for original appointment as a firefighter | ||||||
16 | specified in this Section is eligible to be awarded up to | ||||||
17 | 20 preference points. To qualify for preference points, an | ||||||
18 | applicant shall have completed a minimum of 600 hours of | ||||||
19 | fire suppression work on a regular shift for the affected | ||||||
20 | fire department over a 12-month period. The fire | ||||||
21 | suppression work must be in accordance with Section 16.06 | ||||||
22 | of this Act and the terms established by a Joint | ||||||
23 | Apprenticeship Committee included in a collective | ||||||
24 | bargaining agreement agreed between the employer and its | ||||||
25 | certified bargaining agent. An eligible applicant must | ||||||
26 | apply to the Joint Apprenticeship Committee for preference |
| |||||||
| |||||||
1 | points under this item. The Joint Apprenticeship Committee | ||||||
2 | shall evaluate the merit of the applicant's performance, | ||||||
3 | determine the preference points to be awarded, and certify | ||||||
4 | the amount of points awarded to the commissioners. The | ||||||
5 | commissioners may add the certified preference points to | ||||||
6 | the final grades achieved by the applicant on the other | ||||||
7 | components of the examination. | ||||||
8 | (8) Scoring of preferences. The
commission shall give | ||||||
9 | preference for original appointment
to persons designated | ||||||
10 | in item (1)
by adding to the final grade that they receive | ||||||
11 | 5 points
for the recognized preference achieved. The | ||||||
12 | commission may give preference for original appointment to | ||||||
13 | persons designated in item (7.5) by adding to the final | ||||||
14 | grade the amount of points designated by the Joint | ||||||
15 | Apprenticeship Committee as defined in item (7.5). The | ||||||
16 | commission shall determine the number of preference points | ||||||
17 | for each category, except (1) and (7.5). The number of | ||||||
18 | preference points for each category shall range from 0 to | ||||||
19 | 5, except item (7.5). In determining the number of | ||||||
20 | preference points, the commission shall prescribe that if | ||||||
21 | a candidate earns the maximum number of preference points | ||||||
22 | in all categories except item (7.5), that number may not | ||||||
23 | be less than 10 nor more than 30. The commission shall give | ||||||
24 | preference for original appointment to persons designated | ||||||
25 | in items (2) through (7) by adding the requisite number of | ||||||
26 | points to the final grade for each recognized preference |
| |||||||
| |||||||
1 | achieved. The numerical result thus attained shall be | ||||||
2 | applied by the commission in determining the final | ||||||
3 | eligibility list and appointment from the eligibility | ||||||
4 | list. The local appointing authority may prescribe the | ||||||
5 | total number of preference points awarded under this | ||||||
6 | Section, but the total number of preference points, except | ||||||
7 | item (7.5), shall not be less than 10 points or more than | ||||||
8 | 30 points. Apprentice preference points may be added in | ||||||
9 | addition to other preference points awarded by the | ||||||
10 | commission. | ||||||
11 | No person entitled to any preference shall be required to | ||||||
12 | claim the credit before any examination held under the | ||||||
13 | provisions of this Section, but the preference shall be given | ||||||
14 | after the posting or publication of the initial eligibility | ||||||
15 | list or register at the request of a person entitled to a | ||||||
16 | credit before any certification or appointments are made from | ||||||
17 | the eligibility register, upon the furnishing of verifiable | ||||||
18 | evidence and proof of qualifying preference credit. Candidates | ||||||
19 | who are eligible for preference credit shall make a claim in | ||||||
20 | writing within 10 days after the posting of the initial | ||||||
21 | eligibility list, or the claim shall be deemed waived. Final | ||||||
22 | eligibility registers shall be established after the awarding | ||||||
23 | of verified preference points. However, apprentice preference | ||||||
24 | credit earned subsequent to the establishment of the final | ||||||
25 | eligibility register may be applied to the applicant's score | ||||||
26 | upon certification by the Joint Apprenticeship Committee to |
| |||||||
| |||||||
1 | the commission and the rank order of candidates on the final | ||||||
2 | eligibility register shall be adjusted accordingly. All | ||||||
3 | employment shall be subject to the commission's initial hire | ||||||
4 | background review , including, but not limited to, criminal | ||||||
5 | history, employment history, moral character, oral | ||||||
6 | examination, and medical and psychological examinations, all | ||||||
7 | on a pass-fail basis. The medical and psychological | ||||||
8 | examinations must be conducted last, and may only be performed | ||||||
9 | after a conditional offer of employment has been extended. | ||||||
10 | Any person placed on an eligibility list who exceeds the | ||||||
11 | age requirement before being appointed to a fire department | ||||||
12 | shall remain eligible for appointment until the list is | ||||||
13 | abolished, or his or her name has been on the list for a period | ||||||
14 | of 2 years. No person who has attained the age of 35 years | ||||||
15 | shall be inducted into a fire department, except as otherwise | ||||||
16 | provided in this Section. | ||||||
17 | The commission shall strike off the names of candidates | ||||||
18 | for original appointment after the names have been on the list | ||||||
19 | for more than 2 years. | ||||||
20 | (i) Moral character. No person shall be appointed to a | ||||||
21 | fire department unless he or she is a person of good character; | ||||||
22 | not a habitual drunkard, a gambler, or a person who has been | ||||||
23 | convicted of a felony or a crime involving moral turpitude. | ||||||
24 | However, no person shall be disqualified from appointment to | ||||||
25 | the fire department because of the person's record of | ||||||
26 | misdemeanor convictions except those under Sections 11-6, |
| |||||||
| |||||||
1 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
2 | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||||||
3 | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs | ||||||
4 | (1), (6), and (8) of subsection (a) subsections 1, 6, and 8 of | ||||||
5 | Section 24-1 of the Criminal Code of 1961 or the Criminal Code | ||||||
6 | of 2012, or arrest for any cause without conviction thereon. | ||||||
7 | Any such person who is in the department may be removed on | ||||||
8 | charges brought for violating this subsection and after a | ||||||
9 | trial as hereinafter provided. | ||||||
10 | A classifiable set of the fingerprints of every person who | ||||||
11 | is offered employment as a certificated member of an affected | ||||||
12 | fire department whether with or without compensation, shall be | ||||||
13 | furnished to the Illinois State Police and to the Federal | ||||||
14 | Bureau of Investigation by the commission. | ||||||
15 | Whenever a commission is authorized or required by law to | ||||||
16 | consider some aspect of criminal history record information | ||||||
17 | for the purpose of carrying out its statutory powers and | ||||||
18 | responsibilities, then, upon request and payment of fees in | ||||||
19 | conformance with the requirements of Section 2605-400 of the | ||||||
20 | Illinois State Police Law of the Civil Administrative Code of | ||||||
21 | Illinois, the Illinois State Police is authorized to furnish, | ||||||
22 | pursuant to positive identification, the information contained | ||||||
23 | in State files as is necessary to fulfill the request. | ||||||
24 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
25 | of public business, to meet extraordinary exigencies, or to | ||||||
26 | prevent material impairment of the fire department, the |
| |||||||
| |||||||
1 | commission may make temporary appointments, to remain in force | ||||||
2 | only until regular appointments are made under the provisions | ||||||
3 | of this Section, but never to exceed 60 days. No temporary | ||||||
4 | appointment of any one person shall be made more than twice in | ||||||
5 | any calendar year. | ||||||
6 | (k) A person who knowingly divulges or receives test | ||||||
7 | questions or answers before a written examination, or | ||||||
8 | otherwise knowingly violates or subverts any requirement of | ||||||
9 | this Section, commits a violation of this Section and may be | ||||||
10 | subject to charges for official misconduct. | ||||||
11 | A person who is the knowing recipient of test information | ||||||
12 | in advance of the examination shall be disqualified from the | ||||||
13 | examination or discharged from the position to which he or she | ||||||
14 | was appointed, as applicable, and otherwise subjected to | ||||||
15 | disciplinary actions.
| ||||||
16 | (Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21; | ||||||
17 | 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; revised | ||||||
18 | 11-23-21.) | ||||||
19 | Section 310. The School Code is amended by changing | ||||||
20 | Sections 2-3.25o, 2-3.80, 10-17a, 10-21.9, 10-22.3f, 10-22.6, | ||||||
21 | 10-22.39, 10-27.1A, 14-8.02, 18-8.15, 21A-25.5, 22-30, 24-2, | ||||||
22 | 26-1, 26-2a, 26-13, 27-23.7, 27A-5, 29-5, 34-2.1, 34-4.5, | ||||||
23 | 34-18.5, 34-18.8, and 34-21.9, by setting forth, renumbering, | ||||||
24 | and changing multiple
versions of Sections 2-3.182, 10-20.73, | ||||||
25 | 10-20.75, 14-17, and 22-90, and by setting forth and |
| |||||||
| |||||||
1 | renumbering Sections 27-23.15 and 34-18.67 as follows: | ||||||
2 | (105 ILCS 5/2-3.25o)
| ||||||
3 | Sec. 2-3.25o. Registration and recognition of non-public | ||||||
4 | elementary and
secondary schools.
| ||||||
5 | (a) Findings. The General Assembly finds and declares (i) | ||||||
6 | that the
Constitution
of the State of Illinois provides that a | ||||||
7 | "fundamental goal of the People of the
State is the
| ||||||
8 | educational development of all persons to the limits of their | ||||||
9 | capacities" and
(ii) that the
educational development of every | ||||||
10 | school student serves the public purposes of
the State.
In | ||||||
11 | order to ensure that all Illinois students and teachers have | ||||||
12 | the opportunity
to enroll and
work in State-approved | ||||||
13 | educational institutions and programs, the State Board
of
| ||||||
14 | Education shall provide for the voluntary registration and | ||||||
15 | recognition of
non-public
elementary and secondary schools.
| ||||||
16 | (b) Registration. All non-public elementary and secondary | ||||||
17 | schools in the
State
of
Illinois may voluntarily register with | ||||||
18 | the State Board of Education on an
annual basis. Registration | ||||||
19 | shall
be completed
in conformance with procedures prescribed | ||||||
20 | by the State Board of Education.
Information
required for | ||||||
21 | registration shall include assurances of compliance (i) with
| ||||||
22 | federal
and State
laws regarding health examination and | ||||||
23 | immunization, attendance, length of term,
and
| ||||||
24 | nondiscrimination, including assurances that the school will | ||||||
25 | not prohibit hairstyles historically associated with race, |
| |||||||
| |||||||
1 | ethnicity, or hair texture, including, but not limited to, | ||||||
2 | protective hairstyles such as braids, locks, and twists, and | ||||||
3 | (ii) with applicable fire and health safety requirements.
| ||||||
4 | (c) Recognition. All non-public elementary and secondary | ||||||
5 | schools in the
State of
Illinois may voluntarily seek the | ||||||
6 | status of "Non-public School Recognition"
from
the State
Board | ||||||
7 | of Education. This status may be obtained by compliance with
| ||||||
8 | administrative
guidelines and review procedures as prescribed | ||||||
9 | by the State Board of Education.
The
guidelines and procedures | ||||||
10 | must recognize that some of the aims and the
financial bases of
| ||||||
11 | non-public schools are different from public schools and will | ||||||
12 | not be identical
to those for
public schools, nor will they be | ||||||
13 | more burdensome. The guidelines and procedures
must
also | ||||||
14 | recognize the diversity of non-public schools and shall not | ||||||
15 | impinge upon
the
noneducational relationships between those | ||||||
16 | schools and their clientele.
| ||||||
17 | (c-5) Prohibition against recognition. A non-public | ||||||
18 | elementary or secondary school may not obtain "Non-public | ||||||
19 | School Recognition" status unless the school requires all | ||||||
20 | certified and non-certified applicants for employment with the | ||||||
21 | school, after July 1, 2007, to authorize a fingerprint-based | ||||||
22 | criminal history records check as a condition of employment to | ||||||
23 | determine if such applicants have been convicted of any of the | ||||||
24 | enumerated criminal or drug offenses set forth in Section | ||||||
25 | 21B-80 of this Code or have been convicted, within 7 years of | ||||||
26 | the application for employment, of any other felony under the |
| |||||||
| |||||||
1 | laws of this State or of any offense committed or attempted in | ||||||
2 | any other state or against the laws of the United States that, | ||||||
3 | if committed or attempted in this State, would have been | ||||||
4 | punishable as a felony under the laws of this State. | ||||||
5 | Authorization for the check shall be furnished by the | ||||||
6 | applicant to the school, except that if the applicant is a | ||||||
7 | substitute teacher seeking employment in more than one | ||||||
8 | non-public school, a teacher seeking concurrent part-time | ||||||
9 | employment positions with more than one non-public school (as | ||||||
10 | a reading specialist, special education teacher, or | ||||||
11 | otherwise), or an educational support personnel employee | ||||||
12 | seeking employment positions with more than one non-public | ||||||
13 | school, then only one of the non-public schools employing the | ||||||
14 | individual shall request the authorization. Upon receipt of | ||||||
15 | this authorization, the non-public school shall submit the | ||||||
16 | applicant's name, sex, race, date of birth, social security | ||||||
17 | number, fingerprint images, and other identifiers, as | ||||||
18 | prescribed by the Illinois State Police, to the Illinois State | ||||||
19 | Police. | ||||||
20 | The Illinois State Police and Federal Bureau of | ||||||
21 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
22 | criminal history records check, records of convictions, | ||||||
23 | forever and hereafter, until expunged, to the president or | ||||||
24 | principal of the non-public school that requested the check. | ||||||
25 | The Illinois State Police shall charge that school a fee for | ||||||
26 | conducting such check, which fee must be deposited into the |
| |||||||
| |||||||
1 | State Police Services Fund and must not exceed the cost of the | ||||||
2 | inquiry. Subject to appropriations for these purposes, the | ||||||
3 | State Superintendent of Education shall reimburse non-public | ||||||
4 | schools for fees paid to obtain criminal history records | ||||||
5 | checks under this Section. | ||||||
6 | A non-public school may not obtain recognition status | ||||||
7 | unless the school also performs a check of the Statewide Sex | ||||||
8 | Offender Database, as authorized by the Sex Offender Community | ||||||
9 | Notification Law, for each applicant for employment, after | ||||||
10 | July 1, 2007, to determine whether the applicant has been | ||||||
11 | adjudicated a sex offender. | ||||||
12 | Any information concerning the record of convictions | ||||||
13 | obtained by a non-public school's president or principal under | ||||||
14 | this Section is confidential and may be disseminated only to | ||||||
15 | the governing body of the non-public school or any other | ||||||
16 | person necessary to the decision of hiring the applicant for | ||||||
17 | employment. A copy of the record of convictions obtained from | ||||||
18 | the Illinois State Police shall be provided to the applicant | ||||||
19 | for employment. Upon a check of the Statewide Sex Offender | ||||||
20 | Database, the non-public school shall notify the applicant as | ||||||
21 | to whether or not the applicant has been identified in the Sex | ||||||
22 | Offender Database as a sex offender. Any information | ||||||
23 | concerning the records of conviction obtained by the | ||||||
24 | non-public school's president or principal under this Section | ||||||
25 | for a substitute teacher seeking employment in more than one | ||||||
26 | non-public school, a teacher seeking concurrent part-time |
| |||||||
| |||||||
1 | employment positions with more than one non-public school (as | ||||||
2 | a reading specialist, special education teacher, or | ||||||
3 | otherwise), or an educational support personnel employee | ||||||
4 | seeking employment positions with more than one non-public | ||||||
5 | school may be shared with another non-public school's | ||||||
6 | principal or president to which the applicant seeks | ||||||
7 | employment. Any unauthorized release of confidential | ||||||
8 | information may be a violation of Section 7 of the Criminal | ||||||
9 | Identification Act. | ||||||
10 | No non-public school may obtain recognition status that | ||||||
11 | knowingly employs a person, hired after July 1, 2007, for whom | ||||||
12 | an Illinois State Police and Federal Bureau of Investigation | ||||||
13 | fingerprint-based criminal history records check and a | ||||||
14 | Statewide Sex Offender Database check has not been initiated | ||||||
15 | or who has been convicted of any offense enumerated in Section | ||||||
16 | 21B-80 of this Code or any offense committed or attempted in | ||||||
17 | any other state or against the laws of the United States that, | ||||||
18 | if committed or attempted in this State, would have been | ||||||
19 | punishable as one or more of those offenses. No non-public | ||||||
20 | school may obtain recognition status under this Section that | ||||||
21 | knowingly employs a person who has been found to be the | ||||||
22 | perpetrator of sexual or physical abuse of a minor under 18 | ||||||
23 | years of age pursuant to proceedings under Article II of the | ||||||
24 | Juvenile Court Act of 1987. | ||||||
25 | In order to obtain recognition status under this Section, | ||||||
26 | a non-public school must require compliance with the |
| |||||||
| |||||||
1 | provisions of this subsection (c-5) from all employees of | ||||||
2 | persons or firms holding contracts with the school, including, | ||||||
3 | but not limited to, food service workers, school bus drivers, | ||||||
4 | and other transportation employees, who have direct, daily | ||||||
5 | contact with pupils. Any information concerning the records of | ||||||
6 | conviction or identification as a sex offender of any such | ||||||
7 | employee obtained by the non-public school principal or | ||||||
8 | president must be promptly reported to the school's governing | ||||||
9 | body.
| ||||||
10 | Prior to the commencement of any student teaching | ||||||
11 | experience or required internship (which is referred to as | ||||||
12 | student teaching in this Section) in any non-public elementary | ||||||
13 | or secondary school that has obtained or seeks to obtain | ||||||
14 | recognition status under this Section, a student teacher is | ||||||
15 | required to authorize a fingerprint-based criminal history | ||||||
16 | records check. Authorization for and payment of the costs of | ||||||
17 | the check must be furnished by the student teacher to the chief | ||||||
18 | administrative officer of the non-public school where the | ||||||
19 | student teaching is to be completed. Upon receipt of this | ||||||
20 | authorization and payment, the chief administrative officer of | ||||||
21 | the non-public school shall submit the student teacher's name, | ||||||
22 | sex, race, date of birth, social security number, fingerprint | ||||||
23 | images, and other identifiers, as prescribed by the Illinois | ||||||
24 | State Police, to the Illinois State Police. The Illinois State | ||||||
25 | Police and the Federal Bureau of Investigation shall furnish, | ||||||
26 | pursuant to a fingerprint-based criminal history records |
| |||||||
| |||||||
1 | check, records of convictions, forever and hereinafter, until | ||||||
2 | expunged, to the chief administrative officer of the | ||||||
3 | non-public school that requested the check. The Illinois State | ||||||
4 | Police shall charge the school a fee for conducting the check, | ||||||
5 | which fee must be passed on to the student teacher, must not | ||||||
6 | exceed the cost of the inquiry, and must be deposited into the | ||||||
7 | State Police Services Fund. The school shall further perform a | ||||||
8 | check of the Statewide Sex Offender Database, as authorized by | ||||||
9 | the Sex Offender Community Notification Law, and of the | ||||||
10 | Statewide Murderer and Violent Offender Against Youth | ||||||
11 | Database, as authorized by the Murderer and Violent Offender | ||||||
12 | Against Youth Registration Act, for each student teacher. No | ||||||
13 | school that has obtained or seeks to obtain recognition status | ||||||
14 | under this Section may knowingly allow a person to student | ||||||
15 | teach for whom a criminal history records check, a Statewide | ||||||
16 | Sex Offender Database check, and a Statewide Murderer and | ||||||
17 | Violent Offender Against Youth Database check have not been | ||||||
18 | completed and reviewed by the chief administrative officer of | ||||||
19 | the non-public school. | ||||||
20 | A copy of the record of convictions obtained from the | ||||||
21 | Illinois State Police must be provided to the student teacher. | ||||||
22 | Any information concerning the record of convictions obtained | ||||||
23 | by the chief administrative officer of the non-public school | ||||||
24 | is confidential and may be transmitted only to the chief | ||||||
25 | administrative officer of the non-public school or his or her | ||||||
26 | designee, the State Superintendent of Education, the State |
| |||||||
| |||||||
1 | Educator Preparation and Licensure Board, or, for | ||||||
2 | clarification purposes, the Illinois State Police or the | ||||||
3 | Statewide Sex Offender Database or Statewide Murderer and | ||||||
4 | Violent Offender Against Youth Database. Any unauthorized | ||||||
5 | release of confidential information may be a violation of | ||||||
6 | Section 7 of the Criminal Identification Act. | ||||||
7 | No school that has obtained or seeks to obtain recognition | ||||||
8 | status under this Section may knowingly allow a person to | ||||||
9 | student teach who has been convicted of any offense that would | ||||||
10 | subject him or her to license suspension or revocation | ||||||
11 | pursuant to Section 21B-80 of this Code or who has been found | ||||||
12 | to be the perpetrator of sexual or physical abuse of a minor | ||||||
13 | under 18 years of age pursuant to proceedings under Article II | ||||||
14 | of the Juvenile Court Act of 1987. | ||||||
15 | Any school that has obtained or seeks to obtain | ||||||
16 | recognition status under this Section may not prohibit | ||||||
17 | hairstyles historically associated with race, ethnicity, or | ||||||
18 | hair texture, including, but not limited to, protective | ||||||
19 | hairstyles such as braids, locks, and twists. | ||||||
20 | (d) Public purposes. The provisions of this Section are in | ||||||
21 | the public
interest, for
the public benefit, and serve secular | ||||||
22 | public purposes.
| ||||||
23 | (e) Definition. For purposes of this Section, a non-public | ||||||
24 | school means any
non-profit, non-home-based, and non-public | ||||||
25 | elementary or secondary school that
is
in
compliance with | ||||||
26 | Title VI of the Civil Rights Act of 1964 and attendance at
|
| |||||||
| |||||||
1 | which
satisfies the requirements of Section 26-1 of this Code.
| ||||||
2 | (Source: P.A. 102-360, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
3 | revised 10-4-21.)
| ||||||
4 | (105 ILCS 5/2-3.80) (from Ch. 122, par. 2-3.80)
| ||||||
5 | Sec. 2-3.80. (a) The General Assembly recognizes that | ||||||
6 | agriculture is
the most basic and singularly important | ||||||
7 | industry in the State, that
agriculture is of central | ||||||
8 | importance to the welfare and economic stability
of the State, | ||||||
9 | and that the maintenance of this vital industry requires a
| ||||||
10 | continued source of trained and qualified individuals for | ||||||
11 | employment in
agriculture and agribusiness. The General | ||||||
12 | Assembly hereby declares that it
is in the best interests of | ||||||
13 | the people of the State of Illinois that a
comprehensive | ||||||
14 | education program in agriculture be created and maintained by
| ||||||
15 | the State's public school system in order to ensure an | ||||||
16 | adequate supply of
trained and skilled individuals and to | ||||||
17 | ensure appropriate representation of
racial and ethnic groups | ||||||
18 | in all phases of the industry. It is the intent
of the General | ||||||
19 | Assembly that a State program for agricultural education
shall | ||||||
20 | be a part of the curriculum of the public school system K | ||||||
21 | through
adult, and made readily available to all school | ||||||
22 | districts which may, at
their option, include programs in | ||||||
23 | education in agriculture as a part of the
curriculum of that | ||||||
24 | district.
| ||||||
25 | (b) The State Board of Education shall adopt such rules |
| |||||||
| |||||||
1 | and regulations
as are necessary to implement the provisions | ||||||
2 | of this Section. The rules
and regulations shall not create | ||||||
3 | any new State mandates on school districts
as a condition of | ||||||
4 | receiving federal, State, and local funds by those
entities. | ||||||
5 | It is in the intent of the General Assembly that, although this
| ||||||
6 | Section does not create any new mandates, school districts are | ||||||
7 | strongly
advised to follow the guidelines set forth in this | ||||||
8 | Section.
| ||||||
9 | (c) The State Superintendent of Education shall assume | ||||||
10 | responsibility
for the administration of the State program | ||||||
11 | adopted under this Section
throughout the public school system | ||||||
12 | as well as the articulation of the
State program to the | ||||||
13 | requirements and mandates of federally assisted
education. | ||||||
14 | There is currently within the State Board of Education an
| ||||||
15 | agricultural education unit to assist school districts in the | ||||||
16 | establishment
and maintenance of educational programs pursuant | ||||||
17 | to the provisions of this
Section. The staffing of the unit | ||||||
18 | shall at all times be comprised of an
appropriate number of | ||||||
19 | full-time employees who shall serve as program
consultants in | ||||||
20 | agricultural education and shall be available to provide
| ||||||
21 | assistance to school districts. At least one consultant shall | ||||||
22 | be
responsible for the coordination of the State program, as | ||||||
23 | Head Consultant.
At least one consultant shall be responsible | ||||||
24 | for the coordination of the
activities of student and | ||||||
25 | agricultural organizations and associations.
| ||||||
26 | (d) A committee of 13 agriculturalists representative of |
| |||||||
| |||||||
1 | the various and
diverse areas of the agricultural industry in | ||||||
2 | Illinois shall be established
to at least develop a curriculum | ||||||
3 | and overview the implementation of the
Build Illinois through | ||||||
4 | Quality Agricultural Education plans of the Illinois
| ||||||
5 | Leadership Council for Agricultural Education and to advise
| ||||||
6 | the State Board of Education on vocational agricultural | ||||||
7 | education, including the administration of the agricultural | ||||||
8 | education line item appropriation and agency rulemaking that | ||||||
9 | affects agricultural education educators. The
committee shall | ||||||
10 | be composed of the following: | ||||||
11 | (1) 3 6 agriculturalists
representing the Illinois | ||||||
12 | Leadership Council for Agricultural Education; | ||||||
13 | (2) 3 agriculturalists; | ||||||
14 | (3) 2 secondary agriculture teachers; | ||||||
15 | (4) one representative of "Ag In The Classroom"; | ||||||
16 | (5) one community college agriculture teacher; | ||||||
17 | (6) one adult agriculture educator; | ||||||
18 | (7) one university agriculture teacher educator; and | ||||||
19 | (8) one FFA representative. | ||||||
20 | All members of the committee shall be appointed by the
| ||||||
21 | Governor by and with the advice and consent of the Senate. The | ||||||
22 | terms of
all members so appointed shall be for 3 years, except | ||||||
23 | that of the members
initially appointed, 5 shall be appointed | ||||||
24 | to serve for terms of one year, 4
shall be appointed to serve | ||||||
25 | for terms of 2 years, and 4 shall be appointed
to serve for | ||||||
26 | terms of 3 years. All members of the committee shall serve
|
| |||||||
| |||||||
1 | until their successors are appointed and qualified. Subject to | ||||||
2 | a requirement that committee members in office before January | ||||||
3 | 1, 2022 ( the effective date of Public Act 102-463) this | ||||||
4 | amendatory Act of 102nd General Assembly may serve the full | ||||||
5 | term to which they were appointed, the appointment of | ||||||
6 | committee members to terms that commence on or after January | ||||||
7 | 1, 2022 ( the effective date of Public Act 102-463) this | ||||||
8 | amendatory Act of the 102nd General Assembly shall be made in a | ||||||
9 | manner that gives effect at the earliest possible time to the | ||||||
10 | changes that are required by Public Act 102-463 this | ||||||
11 | amendatory Act of the 102nd General Assembly in the | ||||||
12 | representative composition of the committee's membership. | ||||||
13 | Vacancies in terms
shall be filled by appointment of the | ||||||
14 | Governor with the advice and consent
of the Senate for the | ||||||
15 | extent of the unexpired term. | ||||||
16 | The State Board of
Education shall implement a Build | ||||||
17 | Illinois through Quality Agricultural
Education plan following | ||||||
18 | receipt of these recommendations, which
shall be made | ||||||
19 | available on or before March 31, 1987.
Recommendations shall | ||||||
20 | include, but not be limited to, the development of a
| ||||||
21 | curriculum and a strategy for the purpose of establishing a | ||||||
22 | source of
trained and qualified individuals in agriculture, a | ||||||
23 | strategy for
articulating the State program in agricultural | ||||||
24 | education throughout the
public school system, and a consumer | ||||||
25 | education outreach strategy regarding
the importance of | ||||||
26 | agriculture in Illinois. |
| |||||||
| |||||||
1 | The committee of agriculturalists
shall serve without | ||||||
2 | compensation.
| ||||||
3 | (e) A school district that offers a secondary agricultural | ||||||
4 | education program that is approved for State and federal | ||||||
5 | funding must ensure that, at a minimum, all of the following | ||||||
6 | are available to its secondary agricultural education | ||||||
7 | students: | ||||||
8 | (1) An instructional sequence of courses approved by | ||||||
9 | the State Board of Education. | ||||||
10 | (2) A State and nationally affiliated FFA (Future | ||||||
11 | Farmers of America) chapter that is integral to | ||||||
12 | instruction and is not treated solely as an | ||||||
13 | extracurricular activity. | ||||||
14 | (3) A mechanism for ensuring the involvement of all | ||||||
15 | secondary agricultural education students in formal, | ||||||
16 | supervised, agricultural-experience activities and | ||||||
17 | programs.
| ||||||
18 | (f) Nothing in this Section may prevent those secondary | ||||||
19 | agricultural education programs that are in operation before | ||||||
20 | January 1, 2007 (the effective date of Public Act 94-855) and | ||||||
21 | that do not have an active State and nationally affiliated FFA | ||||||
22 | chapter from continuing to operate or from continuing to | ||||||
23 | receive funding from the State Board of Education.
| ||||||
24 | (Source: P.A. 102-463, eff. 1-1-22; 102-558, eff. 8-20-21; | ||||||
25 | revised 10-5-21.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/2-3.182) | ||||||
2 | Sec. 2-3.182. Annual census of personnel holding school | ||||||
3 | support personnel endorsements. | ||||||
4 | (a) In this Section: | ||||||
5 | "School support personnel endorsement" means an | ||||||
6 | endorsement affixed to a Professional Educator License as | ||||||
7 | referenced in subparagraph (G) of paragraph (2) of Section | ||||||
8 | 21B-25 of this Code. | ||||||
9 | "Special education joint agreement" means an entity formed | ||||||
10 | pursuant to Section 10-22.31 of this Code. | ||||||
11 | (b) No later than December 1, 2023 and each December 1st | ||||||
12 | annually thereafter, the State Board of Education must make | ||||||
13 | available on its website the following information for each | ||||||
14 | school district as of October 1st of each year beginning in | ||||||
15 | 2022: | ||||||
16 | (1) The total number of personnel with a school | ||||||
17 | support personnel endorsement and, for each endorsement | ||||||
18 | area: | ||||||
19 | (A) those actively employed on a full-time basis | ||||||
20 | by the school district; | ||||||
21 | (B) those actively employed on a part-time basis | ||||||
22 | by the school district; and | ||||||
23 | (C) those actively employed by a special education | ||||||
24 | joint agreement providing services to students in the | ||||||
25 | school district. | ||||||
26 | (2) The total number of students enrolled in the |
| |||||||
| |||||||
1 | school district and, of that total, the number of students | ||||||
2 | with an individualized education program or a plan | ||||||
3 | pursuant to Section 504 of the federal Rehabilitation Act | ||||||
4 | of 1973.
| ||||||
5 | (Source: P.A. 102-302, eff. 1-1-22.)
| ||||||
6 | (105 ILCS 5/2-3.189)
| ||||||
7 | Sec. 2-3.189 2-3.182 . School unused food sharing plan. | ||||||
8 | School districts shall incorporate a food sharing plan for | ||||||
9 | unused food into their local wellness policy under Section | ||||||
10 | 2-3.139. The food sharing plan shall focus on needy students, | ||||||
11 | with the plan being developed and supported jointly by the | ||||||
12 | district's local health department. Participants in the child | ||||||
13 | nutrition programs, the National School Lunch Program and | ||||||
14 | National School Breakfast Program, the Child and Adult Care | ||||||
15 | Food Program (CACFP), and the Summer Food Service Program | ||||||
16 | (SFSP) shall adhere to the provisions of the Richard B. | ||||||
17 | Russell National School Lunch Act, as well as accompanying | ||||||
18 | guidance from the U.S. Department of Agriculture on the Food | ||||||
19 | Donation Program, to ensure that any leftover food items are | ||||||
20 | properly donated in order to combat potential food insecurity | ||||||
21 | in their communities. For the purpose of this Section, | ||||||
22 | "properly" means in accordance with all federal regulations | ||||||
23 | and State and local health and sanitation codes.
| ||||||
24 | (Source: P.A. 102-359, eff. 8-13-21; revised 11-9-21.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/2-3.190)
| ||||||
2 | Sec. 2-3.190 2-3.182 . Anaphylactic policy for school | ||||||
3 | districts. | ||||||
4 | (a) The State Board of Education, in consultation with the | ||||||
5 | Department of Public Health, shall establish an anaphylactic | ||||||
6 | policy for school districts setting forth guidelines and | ||||||
7 | procedures to be followed both for the prevention of | ||||||
8 | anaphylaxis and during a medical emergency resulting from | ||||||
9 | anaphylaxis. The policy shall be developed after consultation | ||||||
10 | with the advisory committee established pursuant to Section 5 | ||||||
11 | of the Critical Health Problems and Comprehensive Health | ||||||
12 | Education Act. In establishing the policy required under this | ||||||
13 | Section, the State Board shall consider existing requirements | ||||||
14 | and current and best practices for schools regarding allergies | ||||||
15 | and anaphylaxis. The State Board must also consider the | ||||||
16 | voluntary guidelines for managing food allergies in schools | ||||||
17 | issued by the United States Department of Health and Human | ||||||
18 | Services. | ||||||
19 | (b) The anaphylactic policy established under subsection | ||||||
20 | (a) shall include the following: | ||||||
21 | (1) A procedure and treatment plan, including | ||||||
22 | emergency protocols and responsibilities for school nurses | ||||||
23 | and other appropriate school personnel, for responding to | ||||||
24 | anaphylaxis. | ||||||
25 | (2) Requirements for a training course for appropriate | ||||||
26 | school personnel on preventing and responding to |
| |||||||
| |||||||
1 | anaphylaxis. | ||||||
2 | (3) A procedure and appropriate guidelines for the | ||||||
3 | development of an individualized emergency health care | ||||||
4 | plan for children with a food or other allergy that could | ||||||
5 | result in anaphylaxis. | ||||||
6 | (4) A communication plan for intake and dissemination | ||||||
7 | of information provided by this State regarding children | ||||||
8 | with a food or other allergy that could result in | ||||||
9 | anaphylaxis, including a discussion of methods, | ||||||
10 | treatments, and therapies to reduce the risk of allergic | ||||||
11 | reactions, including anaphylaxis. | ||||||
12 | (5) Strategies for reducing the risk of exposure to | ||||||
13 | anaphylactic causative agents, including food and other | ||||||
14 | allergens. | ||||||
15 | (6) A communication plan for discussion with children | ||||||
16 | who have developed adequate verbal communication and | ||||||
17 | comprehension skills and with the parents or guardians of | ||||||
18 | all children about foods that are safe and unsafe and | ||||||
19 | about strategies to avoid exposure to unsafe food. | ||||||
20 | (c) At least once each calendar year, each school district | ||||||
21 | shall send a notification to the parents or guardians of all | ||||||
22 | children under the care of a school to make them aware of the | ||||||
23 | anaphylactic policy. The notification shall include contact | ||||||
24 | information for parents and guardians to engage further with | ||||||
25 | the school to learn more about individualized aspects of the | ||||||
26 | policy. |
| |||||||
| |||||||
1 | (d) At least 6 months after August 20, 2021 ( the effective | ||||||
2 | date of Public Act 102-413) this amendatory Act of the 102nd | ||||||
3 | General Assembly , the anaphylactic policy established under | ||||||
4 | subsection (a) shall be forwarded by the State Board to the | ||||||
5 | school board of each school district in this State. Each | ||||||
6 | school district shall implement or update, as appropriate, its | ||||||
7 | anaphylactic policy in accordance with those developed by the | ||||||
8 | State Board within 6 months after receiving the anaphylactic | ||||||
9 | policy from the State Board. | ||||||
10 | (e) The anaphylactic policy established under subsection | ||||||
11 | (a) shall be reviewed and updated, if necessary, at least once | ||||||
12 | every 3 years. | ||||||
13 | (f) The State Board shall post the anaphylactic policy | ||||||
14 | established under subsection (a) and resources regarding | ||||||
15 | allergies and anaphylaxis on its website. | ||||||
16 | (g) The State Board may adopt any rules necessary to | ||||||
17 | implement this Section.
| ||||||
18 | (Source: P.A. 102-413, eff. 8-20-21; revised 11-9-21.)
| ||||||
19 | (105 ILCS 5/2-3.191)
| ||||||
20 | Sec. 2-3.191 2-3.182 . State Education Equity Committee. | ||||||
21 | (a) The General Assembly finds that this State has an | ||||||
22 | urgent and collective responsibility to achieve educational | ||||||
23 | equity by ensuring that all policies, programs, and practices | ||||||
24 | affirm the strengths that each and every child brings with | ||||||
25 | diverse backgrounds and life experiences and by delivering the |
| |||||||
| |||||||
1 | comprehensive support, programs, and educational opportunities | ||||||
2 | children need to succeed. | ||||||
3 | (b) The State Education Equity Committee is created within | ||||||
4 | the State Board of Education to strive toward ensuring equity | ||||||
5 | in education for all children from birth through grade 12. | ||||||
6 | (c) The Committee shall consist of the State | ||||||
7 | Superintendent of Education or the State Superintendent's | ||||||
8 | designee, who shall serve as chairperson, and one member from | ||||||
9 | each of the following organizations appointed by the State | ||||||
10 | Superintendent: | ||||||
11 | (1) At least 2 educators who each represent a | ||||||
12 | different statewide professional teachers' organization. | ||||||
13 | (2) A professional teachers' organization located in a | ||||||
14 | city having a population exceeding 500,000. | ||||||
15 | (3) A statewide association representing school | ||||||
16 | administrators. | ||||||
17 | (4) A statewide association representing regional | ||||||
18 | superintendents of schools. | ||||||
19 | (5) A statewide association representing school board | ||||||
20 | members. | ||||||
21 | (6) A statewide association representing school | ||||||
22 | principals. | ||||||
23 | (7) A school district serving a community with a | ||||||
24 | population of 500,000 or more. | ||||||
25 | (8) A parent-led organization. | ||||||
26 | (9) A student-led organization. |
| |||||||
| |||||||
1 | (10) One community organization that works to foster | ||||||
2 | safe and healthy environments through advocacy for | ||||||
3 | immigrant families and ensuring equitable opportunities | ||||||
4 | for educational advancement and economic development. | ||||||
5 | (11) An organization that works for economic, | ||||||
6 | educational, and social progress for African Americans and | ||||||
7 | promotes strong sustainable communities through advocacy, | ||||||
8 | collaboration, and innovation. | ||||||
9 | (12) One statewide organization whose focus is to | ||||||
10 | narrow or close the achievement gap between students of | ||||||
11 | color and their peers. | ||||||
12 | (13) An organization that advocates for healthier | ||||||
13 | school environments in this State. | ||||||
14 | (14) One statewide organization that advocates for | ||||||
15 | partnerships among schools, families, and the community, | ||||||
16 | provides access to support, and removes barriers to | ||||||
17 | learning and development, using schools as hubs. | ||||||
18 | (15) One organization that advocates for the health | ||||||
19 | and safety of Illinois youth and families by providing | ||||||
20 | capacity building services. | ||||||
21 | (16) An organization dedicated to advocating for | ||||||
22 | public policies to prevent homelessness. | ||||||
23 | (17) Other appropriate State agencies as determined by | ||||||
24 | the State Superintendent. | ||||||
25 | Members appointed to the Committee must reflect, as much | ||||||
26 | as possible, the racial, ethnic, and geographic diversity of |
| |||||||
| |||||||
1 | this State. | ||||||
2 | (d) Members appointed by the State Superintendent shall | ||||||
3 | serve without compensation, but may be reimbursed for | ||||||
4 | reasonable and necessary expenses, including travel, from | ||||||
5 | funds appropriated to the State Board of Education for that | ||||||
6 | purpose, subject to the rules of the appropriate travel | ||||||
7 | control board. | ||||||
8 | (e) The Committee shall meet at the call of the | ||||||
9 | chairperson, but shall meet no less than 3 times a year. | ||||||
10 | (f) The Committee shall recognize that, while progress has | ||||||
11 | been made, much remains to be done to address systemic | ||||||
12 | inequities and ensure each and every child is equipped to | ||||||
13 | reach the child's fullest potential and shall: | ||||||
14 | (1) guide its work through the principles of equity, | ||||||
15 | equality, collaboration, and community; | ||||||
16 | (2) focus its work around the overarching goals of | ||||||
17 | student learning, learning conditions, and elevating | ||||||
18 | educators, all underpinned by equity; | ||||||
19 | (3) identify evidence-based practices or policies | ||||||
20 | around these goals to build on this State's progress of | ||||||
21 | ensuring educational equity for all its students in all | ||||||
22 | aspects of birth through grade 12 education; and | ||||||
23 | (4) seek input and feedback on identified | ||||||
24 | evidence-based practices or policies from stakeholders, | ||||||
25 | including, but not limited to, parents, students, and | ||||||
26 | educators that reflect the rich diversity of Illinois |
| |||||||
| |||||||
1 | students. | ||||||
2 | (g) The Committee shall submit its recommendations to the | ||||||
3 | General Assembly and the State Board of Education no later | ||||||
4 | than January 31, 2022. By no later than December 15, 2023 and | ||||||
5 | each year thereafter, the Committee shall report to the | ||||||
6 | General Assembly and the State Board of Education about the | ||||||
7 | additional progress that has been made to achieve educational | ||||||
8 | equity.
| ||||||
9 | (Source: P.A. 102-458, eff. 8-20-21; revised 1-15-22.)
| ||||||
10 | (105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
| ||||||
11 | (Text of Section before amendment by P.A. 102-594 ) | ||||||
12 | Sec. 10-17a. State, school district, and school report | ||||||
13 | cards.
| ||||||
14 | (1) By October 31, 2013 and October 31 of each subsequent | ||||||
15 | school year, the State Board of Education, through the State | ||||||
16 | Superintendent of Education, shall prepare a State report | ||||||
17 | card, school district report cards, and school report cards, | ||||||
18 | and shall by the most economical economic means provide to | ||||||
19 | each school
district in this State, including special charter | ||||||
20 | districts and districts
subject to the provisions of Article | ||||||
21 | 34, the report cards for the school district and each of its | ||||||
22 | schools. Because of the impacts of the COVID-19 public health | ||||||
23 | emergency during school year 2020-2021, the State Board of | ||||||
24 | Education shall have until December 31, 2021 to prepare and | ||||||
25 | provide the report cards that would otherwise be due by |
| |||||||
| |||||||
1 | October 31, 2021. During a school year in which the Governor | ||||||
2 | has declared a disaster due to a public health emergency | ||||||
3 | pursuant to Section 7 of the Illinois Emergency Management | ||||||
4 | Agency Act, the report cards for the school districts and each | ||||||
5 | of its schools shall be prepared by December 31. | ||||||
6 | (2) In addition to any information required by federal | ||||||
7 | law, the State Superintendent shall determine the indicators | ||||||
8 | and presentation of the school report card, which must | ||||||
9 | include, at a minimum, the most current data collected and | ||||||
10 | maintained by the State Board of Education related to the | ||||||
11 | following: | ||||||
12 | (A) school characteristics and student demographics, | ||||||
13 | including average class size, average teaching experience, | ||||||
14 | student racial/ethnic breakdown, and the percentage of | ||||||
15 | students classified as low-income; the percentage of | ||||||
16 | students classified as English learners, the number of | ||||||
17 | students who graduate from a bilingual or English learner | ||||||
18 | program, and the number of students who graduate from, | ||||||
19 | transfer from, or otherwise leave bilingual programs; the | ||||||
20 | percentage of students who have individualized education | ||||||
21 | plans or 504 plans that provide for special education | ||||||
22 | services; the number and percentage of all students who | ||||||
23 | have been assessed for placement in a gifted education or | ||||||
24 | advanced academic program and, of those students: (i) the | ||||||
25 | racial and ethnic breakdown, (ii) the percentage who are | ||||||
26 | classified as low-income, and (iii) the number and |
| |||||||
| |||||||
1 | percentage of students who received direct instruction | ||||||
2 | from a teacher who holds a gifted education endorsement | ||||||
3 | and, of those students, the percentage who are classified | ||||||
4 | as low-income; the percentage of students scoring at the | ||||||
5 | "exceeds expectations" level on the assessments required | ||||||
6 | under Section 2-3.64a-5 of this Code; the percentage of | ||||||
7 | students who annually transferred in or out of the school | ||||||
8 | district; average daily attendance; the per-pupil | ||||||
9 | operating expenditure of the school district; and the | ||||||
10 | per-pupil State average operating expenditure for the | ||||||
11 | district type (elementary, high school, or unit); | ||||||
12 | (B) curriculum information, including, where | ||||||
13 | applicable, Advanced Placement, International | ||||||
14 | Baccalaureate or equivalent courses, dual enrollment | ||||||
15 | courses, foreign language classes, computer science | ||||||
16 | courses, school personnel resources (including Career | ||||||
17 | Technical Education teachers), before and after school | ||||||
18 | programs, extracurricular activities, subjects in which | ||||||
19 | elective classes are offered, health and wellness | ||||||
20 | initiatives (including the average number of days of | ||||||
21 | Physical Education per week per student), approved | ||||||
22 | programs of study, awards received, community | ||||||
23 | partnerships, and special programs such as programming for | ||||||
24 | the gifted and talented, students with disabilities, and | ||||||
25 | work-study students; | ||||||
26 | (C) student outcomes, including, where applicable, the |
| |||||||
| |||||||
1 | percentage of students deemed proficient on assessments of | ||||||
2 | State standards, the percentage of students in the eighth | ||||||
3 | grade who pass Algebra, the percentage of students who | ||||||
4 | participated in workplace learning experiences, the | ||||||
5 | percentage of students enrolled in post-secondary | ||||||
6 | institutions (including colleges, universities, community | ||||||
7 | colleges, trade/vocational schools, and training programs | ||||||
8 | leading to career certification within 2 semesters of high | ||||||
9 | school graduation), the percentage of students graduating | ||||||
10 | from high school who are college and career ready, and the | ||||||
11 | percentage of graduates enrolled in community colleges, | ||||||
12 | colleges, and universities who are in one or more courses | ||||||
13 | that the community college, college, or university | ||||||
14 | identifies as a developmental course; | ||||||
15 | (D) student progress, including, where applicable, the | ||||||
16 | percentage of students in the ninth grade who have earned | ||||||
17 | 5 credits or more without failing more than one core | ||||||
18 | class, a measure of students entering kindergarten ready | ||||||
19 | to learn, a measure of growth, and the percentage of | ||||||
20 | students who enter high school on track for college and | ||||||
21 | career readiness; | ||||||
22 | (E) the school environment, including, where | ||||||
23 | applicable, high school dropout rate by grade level, the | ||||||
24 | percentage of students with less than 10 absences in a | ||||||
25 | school year, the percentage of teachers with less than 10 | ||||||
26 | absences in a school year for reasons other than |
| |||||||
| |||||||
1 | professional development, leaves taken pursuant to the | ||||||
2 | federal Family Medical Leave Act of 1993, long-term | ||||||
3 | disability, or parental leaves, the 3-year average of the | ||||||
4 | percentage of teachers returning to the school from the | ||||||
5 | previous year, the number of different principals at the | ||||||
6 | school in the last 6 years, the number of teachers who hold | ||||||
7 | a gifted education endorsement, the process and criteria | ||||||
8 | used by the district to determine whether a student is | ||||||
9 | eligible for participation in a gifted education program | ||||||
10 | or advanced academic program and the manner in which | ||||||
11 | parents and guardians are made aware of the process and | ||||||
12 | criteria, 2 or more indicators from any school climate | ||||||
13 | survey selected or approved by the State and administered | ||||||
14 | pursuant to Section 2-3.153 of this Code, with the same or | ||||||
15 | similar indicators included on school report cards for all | ||||||
16 | surveys selected or approved by the State pursuant to | ||||||
17 | Section 2-3.153 of this Code, the combined percentage of | ||||||
18 | teachers rated as proficient or excellent in their most | ||||||
19 | recent evaluation, and, beginning with the 2022-2023 | ||||||
20 | school year, data on the number of incidents of violence | ||||||
21 | that occurred on school grounds or during school-related | ||||||
22 | activities and that resulted in an out-of-school | ||||||
23 | suspension, expulsion, or removal to an alternative | ||||||
24 | setting, as reported pursuant to Section 2-3.162; | ||||||
25 | (F) a school district's and its individual schools' | ||||||
26 | balanced accountability measure, in accordance with |
| |||||||
| |||||||
1 | Section 2-3.25a of this Code; | ||||||
2 | (G) the total and per pupil normal cost amount the | ||||||
3 | State contributed to the Teachers' Retirement System of | ||||||
4 | the State of Illinois in the prior fiscal year for the | ||||||
5 | school's employees, which shall be reported to the State | ||||||
6 | Board of Education by the Teachers' Retirement System of | ||||||
7 | the State of Illinois; | ||||||
8 | (H) for a school district organized under Article 34 | ||||||
9 | of this Code only, State contributions to the Public | ||||||
10 | School Teachers' Pension and Retirement Fund of Chicago | ||||||
11 | and State contributions for health care for employees of | ||||||
12 | that school district; | ||||||
13 | (I) a school district's Final Percent of Adequacy, as | ||||||
14 | defined in paragraph (4) of subsection (f) of Section | ||||||
15 | 18-8.15 of this Code; | ||||||
16 | (J) a school district's Local Capacity Target, as | ||||||
17 | defined in paragraph (2) of subsection (c) of Section | ||||||
18 | 18-8.15 of this Code, displayed as a percentage amount; | ||||||
19 | (K) a school district's Real Receipts, as defined in | ||||||
20 | paragraph (1) of subsection (d) of Section 18-8.15 of this | ||||||
21 | Code, divided by a school district's Adequacy Target, as | ||||||
22 | defined in paragraph (1) of subsection (b) of Section | ||||||
23 | 18-8.15 of this Code, displayed as a percentage amount; | ||||||
24 | (L) a school district's administrative costs; | ||||||
25 | (M) whether or not the school has participated in the | ||||||
26 | Illinois Youth Survey. In this paragraph (M), "Illinois |
| |||||||
| |||||||
1 | Youth Survey" means a self-report survey, administered in | ||||||
2 | school settings every 2 years, designed to gather | ||||||
3 | information about health and social indicators, including | ||||||
4 | substance abuse patterns and the attitudes of students in | ||||||
5 | grades 8, 10, and 12; and | ||||||
6 | (N) whether the school offered its students career and | ||||||
7 | technical education opportunities. | ||||||
8 | The school report card shall also provide
information that | ||||||
9 | allows for comparing the current outcome, progress, and | ||||||
10 | environment data to the State average, to the school data from | ||||||
11 | the past 5 years, and to the outcomes, progress, and | ||||||
12 | environment of similar schools based on the type of school and | ||||||
13 | enrollment of low-income students, special education students, | ||||||
14 | and English learners.
| ||||||
15 | As used in this subsection (2): | ||||||
16 | "Administrative costs" means costs associated with | ||||||
17 | executive, administrative, or managerial functions within the | ||||||
18 | school district that involve planning, organizing, managing, | ||||||
19 | or directing the school district. | ||||||
20 | "Advanced academic program" means a course of study to | ||||||
21 | which students are assigned based on advanced cognitive | ||||||
22 | ability or advanced academic achievement compared to local age | ||||||
23 | peers and in which the curriculum is substantially | ||||||
24 | differentiated from the general curriculum to provide | ||||||
25 | appropriate challenge and pace. | ||||||
26 | "Computer science" means the study of computers and |
| |||||||
| |||||||
1 | algorithms, including their principles, their hardware and | ||||||
2 | software designs, their implementation, and their impact on | ||||||
3 | society. "Computer science" does not include the study of | ||||||
4 | everyday uses of computers and computer applications, such as | ||||||
5 | keyboarding or accessing the Internet. | ||||||
6 | "Gifted education" means educational services, including | ||||||
7 | differentiated curricula and instructional methods, designed | ||||||
8 | to meet the needs of gifted children as defined in Article 14A | ||||||
9 | of this Code. | ||||||
10 | For the purposes of paragraph (A) of this subsection (2), | ||||||
11 | "average daily attendance" means the average of the actual | ||||||
12 | number of attendance days during the previous school year for | ||||||
13 | any enrolled student who is subject to compulsory attendance | ||||||
14 | by Section 26-1 of this Code at each school and charter school. | ||||||
15 | (3) At the discretion of the State Superintendent, the | ||||||
16 | school district report card shall include a subset of the | ||||||
17 | information identified in paragraphs (A) through (E) of | ||||||
18 | subsection (2) of this Section, as well as information | ||||||
19 | relating to the operating expense per pupil and other finances | ||||||
20 | of the school district, and the State report card shall | ||||||
21 | include a subset of the information identified in paragraphs | ||||||
22 | (A) through (E) and paragraph (N) of subsection (2) of this | ||||||
23 | Section. The school district report card shall include the | ||||||
24 | average daily attendance, as that term is defined in | ||||||
25 | subsection (2) of this Section, of students who have | ||||||
26 | individualized education programs and students who have 504 |
| |||||||
| |||||||
1 | plans that provide for special education services within the | ||||||
2 | school district. | ||||||
3 | (4) Notwithstanding anything to the contrary in this | ||||||
4 | Section, in consultation with key education stakeholders, the | ||||||
5 | State Superintendent shall at any time have the discretion to | ||||||
6 | amend or update any and all metrics on the school, district, or | ||||||
7 | State report card. | ||||||
8 | (5) Annually, no more than 30 calendar days after receipt | ||||||
9 | of the school district and school report cards from the State | ||||||
10 | Superintendent of Education, each school district, including | ||||||
11 | special charter districts and districts subject to the | ||||||
12 | provisions of Article 34, shall present such report
cards at a | ||||||
13 | regular school board meeting subject to
applicable notice | ||||||
14 | requirements, post the report cards
on the
school district's | ||||||
15 | Internet web site, if the district maintains an Internet web
| ||||||
16 | site, make the report cards
available
to a newspaper of | ||||||
17 | general circulation serving the district, and, upon
request, | ||||||
18 | send the report cards
home to a parent (unless the district | ||||||
19 | does not maintain an Internet web site,
in which case
the | ||||||
20 | report card shall be sent home to parents without request). If | ||||||
21 | the
district posts the report card on its Internet web
site, | ||||||
22 | the district
shall send a
written notice home to parents | ||||||
23 | stating (i) that the report card is available on
the web site,
| ||||||
24 | (ii) the address of the web site, (iii) that a printed copy of | ||||||
25 | the report card
will be sent to
parents upon request, and (iv) | ||||||
26 | the telephone number that parents may
call to
request a |
| |||||||
| |||||||
1 | printed copy of the report card.
| ||||||
2 | (6) Nothing contained in Public Act 98-648 repeals, | ||||||
3 | supersedes, invalidates, or nullifies final decisions in | ||||||
4 | lawsuits pending on July 1, 2014 (the effective date of Public | ||||||
5 | Act 98-648) in Illinois courts involving the interpretation of | ||||||
6 | Public Act 97-8. | ||||||
7 | (Source: P.A. 101-68, eff. 1-1-20; 101-81, eff. 7-12-19; | ||||||
8 | 101-654, eff. 3-8-21; 102-16, eff. 6-17-21; 102-294, eff. | ||||||
9 | 1-1-22; 102-539, eff. 8-20-21; 102-558, eff. 8-20-21; revised | ||||||
10 | 10-18-21.) | ||||||
11 | (Text of Section after amendment by P.A. 102-594 )
| ||||||
12 | Sec. 10-17a. State, school district, and school report | ||||||
13 | cards.
| ||||||
14 | (1) By October 31, 2013 and October 31 of each subsequent | ||||||
15 | school year, the State Board of Education, through the State | ||||||
16 | Superintendent of Education, shall prepare a State report | ||||||
17 | card, school district report cards, and school report cards, | ||||||
18 | and shall by the most economical economic means provide to | ||||||
19 | each school
district in this State, including special charter | ||||||
20 | districts and districts
subject to the provisions of Article | ||||||
21 | 34, the report cards for the school district and each of its | ||||||
22 | schools. Because of the impacts of the COVID-19 public health | ||||||
23 | emergency during school year 2020-2021, the State Board of | ||||||
24 | Education shall have until December 31, 2021 to prepare and | ||||||
25 | provide the report cards that would otherwise be due by |
| |||||||
| |||||||
1 | October 31, 2021. During a school year in which the Governor | ||||||
2 | has declared a disaster due to a public health emergency | ||||||
3 | pursuant to Section 7 of the Illinois Emergency Management | ||||||
4 | Agency Act, the report cards for the school districts and each | ||||||
5 | of its schools shall be prepared by December 31. | ||||||
6 | (2) In addition to any information required by federal | ||||||
7 | law, the State Superintendent shall determine the indicators | ||||||
8 | and presentation of the school report card, which must | ||||||
9 | include, at a minimum, the most current data collected and | ||||||
10 | maintained by the State Board of Education related to the | ||||||
11 | following: | ||||||
12 | (A) school characteristics and student demographics, | ||||||
13 | including average class size, average teaching experience, | ||||||
14 | student racial/ethnic breakdown, and the percentage of | ||||||
15 | students classified as low-income; the percentage of | ||||||
16 | students classified as English learners, the number of | ||||||
17 | students who graduate from a bilingual or English learner | ||||||
18 | program, and the number of students who graduate from, | ||||||
19 | transfer from, or otherwise leave bilingual programs; the | ||||||
20 | percentage of students who have individualized education | ||||||
21 | plans or 504 plans that provide for special education | ||||||
22 | services; the number and percentage of all students who | ||||||
23 | have been assessed for placement in a gifted education or | ||||||
24 | advanced academic program and, of those students: (i) the | ||||||
25 | racial and ethnic breakdown, (ii) the percentage who are | ||||||
26 | classified as low-income, and (iii) the number and |
| |||||||
| |||||||
1 | percentage of students who received direct instruction | ||||||
2 | from a teacher who holds a gifted education endorsement | ||||||
3 | and, of those students, the percentage who are classified | ||||||
4 | as low-income; the percentage of students scoring at the | ||||||
5 | "exceeds expectations" level on the assessments required | ||||||
6 | under Section 2-3.64a-5 of this Code; the percentage of | ||||||
7 | students who annually transferred in or out of the school | ||||||
8 | district; average daily attendance; the per-pupil | ||||||
9 | operating expenditure of the school district; and the | ||||||
10 | per-pupil State average operating expenditure for the | ||||||
11 | district type (elementary, high school, or unit); | ||||||
12 | (B) curriculum information, including, where | ||||||
13 | applicable, Advanced Placement, International | ||||||
14 | Baccalaureate or equivalent courses, dual enrollment | ||||||
15 | courses, foreign language classes, computer science | ||||||
16 | courses, school personnel resources (including Career | ||||||
17 | Technical Education teachers), before and after school | ||||||
18 | programs, extracurricular activities, subjects in which | ||||||
19 | elective classes are offered, health and wellness | ||||||
20 | initiatives (including the average number of days of | ||||||
21 | Physical Education per week per student), approved | ||||||
22 | programs of study, awards received, community | ||||||
23 | partnerships, and special programs such as programming for | ||||||
24 | the gifted and talented, students with disabilities, and | ||||||
25 | work-study students; | ||||||
26 | (C) student outcomes, including, where applicable, the |
| |||||||
| |||||||
1 | percentage of students deemed proficient on assessments of | ||||||
2 | State standards, the percentage of students in the eighth | ||||||
3 | grade who pass Algebra, the percentage of students who | ||||||
4 | participated in workplace learning experiences, the | ||||||
5 | percentage of students enrolled in post-secondary | ||||||
6 | institutions (including colleges, universities, community | ||||||
7 | colleges, trade/vocational schools, and training programs | ||||||
8 | leading to career certification within 2 semesters of high | ||||||
9 | school graduation), the percentage of students graduating | ||||||
10 | from high school who are college and career ready, and the | ||||||
11 | percentage of graduates enrolled in community colleges, | ||||||
12 | colleges, and universities who are in one or more courses | ||||||
13 | that the community college, college, or university | ||||||
14 | identifies as a developmental course; | ||||||
15 | (D) student progress, including, where applicable, the | ||||||
16 | percentage of students in the ninth grade who have earned | ||||||
17 | 5 credits or more without failing more than one core | ||||||
18 | class, a measure of students entering kindergarten ready | ||||||
19 | to learn, a measure of growth, and the percentage of | ||||||
20 | students who enter high school on track for college and | ||||||
21 | career readiness; | ||||||
22 | (E) the school environment, including, where | ||||||
23 | applicable, high school dropout rate by grade level, the | ||||||
24 | percentage of students with less than 10 absences in a | ||||||
25 | school year, the percentage of teachers with less than 10 | ||||||
26 | absences in a school year for reasons other than |
| |||||||
| |||||||
1 | professional development, leaves taken pursuant to the | ||||||
2 | federal Family Medical Leave Act of 1993, long-term | ||||||
3 | disability, or parental leaves, the 3-year average of the | ||||||
4 | percentage of teachers returning to the school from the | ||||||
5 | previous year, the number of different principals at the | ||||||
6 | school in the last 6 years, the number of teachers who hold | ||||||
7 | a gifted education endorsement, the process and criteria | ||||||
8 | used by the district to determine whether a student is | ||||||
9 | eligible for participation in a gifted education program | ||||||
10 | or advanced academic program and the manner in which | ||||||
11 | parents and guardians are made aware of the process and | ||||||
12 | criteria, the number of teachers who are National Board | ||||||
13 | Certified Teachers, disaggregated by race and ethnicity, 2 | ||||||
14 | or more indicators from any school climate survey selected | ||||||
15 | or approved by the State and administered pursuant to | ||||||
16 | Section 2-3.153 of this Code, with the same or similar | ||||||
17 | indicators included on school report cards for all surveys | ||||||
18 | selected or approved by the State pursuant to Section | ||||||
19 | 2-3.153 of this Code, the combined percentage of teachers | ||||||
20 | rated as proficient or excellent in their most recent | ||||||
21 | evaluation, and, beginning with the 2022-2023 school year, | ||||||
22 | data on the number of incidents of violence that occurred | ||||||
23 | on school grounds or during school-related activities and | ||||||
24 | that resulted in an out-of-school suspension, expulsion, | ||||||
25 | or removal to an alternative setting, as reported pursuant | ||||||
26 | to Section 2-3.162; |
| |||||||
| |||||||
1 | (F) a school district's and its individual schools' | ||||||
2 | balanced accountability measure, in accordance with | ||||||
3 | Section 2-3.25a of this Code; | ||||||
4 | (G) the total and per pupil normal cost amount the | ||||||
5 | State contributed to the Teachers' Retirement System of | ||||||
6 | the State of Illinois in the prior fiscal year for the | ||||||
7 | school's employees, which shall be reported to the State | ||||||
8 | Board of Education by the Teachers' Retirement System of | ||||||
9 | the State of Illinois; | ||||||
10 | (H) for a school district organized under Article 34 | ||||||
11 | of this Code only, State contributions to the Public | ||||||
12 | School Teachers' Pension and Retirement Fund of Chicago | ||||||
13 | and State contributions for health care for employees of | ||||||
14 | that school district; | ||||||
15 | (I) a school district's Final Percent of Adequacy, as | ||||||
16 | defined in paragraph (4) of subsection (f) of Section | ||||||
17 | 18-8.15 of this Code; | ||||||
18 | (J) a school district's Local Capacity Target, as | ||||||
19 | defined in paragraph (2) of subsection (c) of Section | ||||||
20 | 18-8.15 of this Code, displayed as a percentage amount; | ||||||
21 | (K) a school district's Real Receipts, as defined in | ||||||
22 | paragraph (1) of subsection (d) of Section 18-8.15 of this | ||||||
23 | Code, divided by a school district's Adequacy Target, as | ||||||
24 | defined in paragraph (1) of subsection (b) of Section | ||||||
25 | 18-8.15 of this Code, displayed as a percentage amount; | ||||||
26 | (L) a school district's administrative costs; |
| |||||||
| |||||||
1 | (M) whether or not the school has participated in the | ||||||
2 | Illinois Youth Survey. In this paragraph (M), "Illinois | ||||||
3 | Youth Survey" means a self-report survey, administered in | ||||||
4 | school settings every 2 years, designed to gather | ||||||
5 | information about health and social indicators, including | ||||||
6 | substance abuse patterns and the attitudes of students in | ||||||
7 | grades 8, 10, and 12; and | ||||||
8 | (N) whether the school offered its students career and | ||||||
9 | technical education opportunities. | ||||||
10 | The school report card shall also provide
information that | ||||||
11 | allows for comparing the current outcome, progress, and | ||||||
12 | environment data to the State average, to the school data from | ||||||
13 | the past 5 years, and to the outcomes, progress, and | ||||||
14 | environment of similar schools based on the type of school and | ||||||
15 | enrollment of low-income students, special education students, | ||||||
16 | and English learners.
| ||||||
17 | As used in this subsection (2): | ||||||
18 | "Administrative costs" means costs associated with | ||||||
19 | executive, administrative, or managerial functions within the | ||||||
20 | school district that involve planning, organizing, managing, | ||||||
21 | or directing the school district. | ||||||
22 | "Advanced academic program" means a course of study to | ||||||
23 | which students are assigned based on advanced cognitive | ||||||
24 | ability or advanced academic achievement compared to local age | ||||||
25 | peers and in which the curriculum is substantially | ||||||
26 | differentiated from the general curriculum to provide |
| |||||||
| |||||||
1 | appropriate challenge and pace. | ||||||
2 | "Computer science" means the study of computers and | ||||||
3 | algorithms, including their principles, their hardware and | ||||||
4 | software designs, their implementation, and their impact on | ||||||
5 | society. "Computer science" does not include the study of | ||||||
6 | everyday uses of computers and computer applications, such as | ||||||
7 | keyboarding or accessing the Internet. | ||||||
8 | "Gifted education" means educational services, including | ||||||
9 | differentiated curricula and instructional methods, designed | ||||||
10 | to meet the needs of gifted children as defined in Article 14A | ||||||
11 | of this Code. | ||||||
12 | For the purposes of paragraph (A) of this subsection (2), | ||||||
13 | "average daily attendance" means the average of the actual | ||||||
14 | number of attendance days during the previous school year for | ||||||
15 | any enrolled student who is subject to compulsory attendance | ||||||
16 | by Section 26-1 of this Code at each school and charter school. | ||||||
17 | (3) At the discretion of the State Superintendent, the | ||||||
18 | school district report card shall include a subset of the | ||||||
19 | information identified in paragraphs (A) through (E) of | ||||||
20 | subsection (2) of this Section, as well as information | ||||||
21 | relating to the operating expense per pupil and other finances | ||||||
22 | of the school district, and the State report card shall | ||||||
23 | include a subset of the information identified in paragraphs | ||||||
24 | (A) through (E) and paragraph (N) of subsection (2) of this | ||||||
25 | Section. The school district report card shall include the | ||||||
26 | average daily attendance, as that term is defined in |
| |||||||
| |||||||
1 | subsection (2) of this Section, of students who have | ||||||
2 | individualized education programs and students who have 504 | ||||||
3 | plans that provide for special education services within the | ||||||
4 | school district. | ||||||
5 | (4) Notwithstanding anything to the contrary in this | ||||||
6 | Section, in consultation with key education stakeholders, the | ||||||
7 | State Superintendent shall at any time have the discretion to | ||||||
8 | amend or update any and all metrics on the school, district, or | ||||||
9 | State report card. | ||||||
10 | (5) Annually, no more than 30 calendar days after receipt | ||||||
11 | of the school district and school report cards from the State | ||||||
12 | Superintendent of Education, each school district, including | ||||||
13 | special charter districts and districts subject to the | ||||||
14 | provisions of Article 34, shall present such report
cards at a | ||||||
15 | regular school board meeting subject to
applicable notice | ||||||
16 | requirements, post the report cards
on the
school district's | ||||||
17 | Internet web site, if the district maintains an Internet web
| ||||||
18 | site, make the report cards
available
to a newspaper of | ||||||
19 | general circulation serving the district, and, upon
request, | ||||||
20 | send the report cards
home to a parent (unless the district | ||||||
21 | does not maintain an Internet web site,
in which case
the | ||||||
22 | report card shall be sent home to parents without request). If | ||||||
23 | the
district posts the report card on its Internet web
site, | ||||||
24 | the district
shall send a
written notice home to parents | ||||||
25 | stating (i) that the report card is available on
the web site,
| ||||||
26 | (ii) the address of the web site, (iii) that a printed copy of |
| |||||||
| |||||||
1 | the report card
will be sent to
parents upon request, and (iv) | ||||||
2 | the telephone number that parents may
call to
request a | ||||||
3 | printed copy of the report card.
| ||||||
4 | (6) Nothing contained in Public Act 98-648 repeals, | ||||||
5 | supersedes, invalidates, or nullifies final decisions in | ||||||
6 | lawsuits pending on July 1, 2014 (the effective date of Public | ||||||
7 | Act 98-648) in Illinois courts involving the interpretation of | ||||||
8 | Public Act 97-8. | ||||||
9 | (Source: P.A. 101-68, eff. 1-1-20; 101-81, eff. 7-12-19; | ||||||
10 | 101-654, eff. 3-8-21; 102-16, eff. 6-17-21; 102-294, eff. | ||||||
11 | 1-1-22; 102-539, eff. 8-20-21; 102-558, eff. 8-20-21; 102-594, | ||||||
12 | eff. 7-1-22; revised 10-18-21.) | ||||||
13 | (105 ILCS 5/10-20.73) | ||||||
14 | Sec. 10-20.73. Modification of athletic or team uniform | ||||||
15 | permitted. | ||||||
16 | (a) A school board must allow a student athlete to modify | ||||||
17 | his or her athletic or team uniform for the purpose of modesty | ||||||
18 | in clothing or attire that is in accordance with the | ||||||
19 | requirements of his or her religion or his or her cultural | ||||||
20 | values or modesty preferences. The modification of the | ||||||
21 | athletic or team uniform may include, but is not limited to, | ||||||
22 | the wearing of a hijab, an undershirt, or leggings. If a | ||||||
23 | student chooses to modify his or her athletic or team uniform, | ||||||
24 | the student is responsible for all costs associated with the | ||||||
25 | modification of the uniform and the student shall not be |
| |||||||
| |||||||
1 | required to receive prior approval from the school board for | ||||||
2 | such modification. However, nothing in this Section prohibits | ||||||
3 | a school from providing the modification to the student. | ||||||
4 | (b) At a minimum, any modification of the athletic or team | ||||||
5 | uniform must not interfere with the movement of the student or | ||||||
6 | pose a safety hazard to the student or to other athletes or | ||||||
7 | players. The modification of headgear is permitted if the | ||||||
8 | headgear: | ||||||
9 | (1) is black, white, the predominant predominate color | ||||||
10 | of the uniform, or the same color for all players on the | ||||||
11 | team; | ||||||
12 | (2) does not cover any part of the face; | ||||||
13 | (3) is not dangerous to the player or to the other | ||||||
14 | players; | ||||||
15 | (4) has no opening or closing elements around the face | ||||||
16 | and neck; and | ||||||
17 | (5) has no parts extruding from its surface.
| ||||||
18 | (Source: P.A. 102-51, eff. 7-9-21; revised 10-19-21.) | ||||||
19 | (105 ILCS 5/10-20.75) | ||||||
20 | (This Section may contain text from a Public Act with a | ||||||
21 | delayed effective date ) | ||||||
22 | Sec. 10-20.75. Website accessibility guidelines. | ||||||
23 | (a) As used in this Section, "Internet website or web | ||||||
24 | service" means any third party online curriculum that is made | ||||||
25 | available to enrolled students or the public by a school |
| |||||||
| |||||||
1 | district through the Internet. | ||||||
2 | (b) To ensure that the content available on an Internet | ||||||
3 | website or web service of a school district is readily | ||||||
4 | accessible to persons with disabilities, the school district | ||||||
5 | must require that the Internet website or web service comply | ||||||
6 | with Level AA of the World Wide Web Consortium's Web Content | ||||||
7 | Accessibility Guidelines 2.1 or any revised version of those | ||||||
8 | guidelines.
| ||||||
9 | (Source: P.A. 102-238, eff. 8-1-22.)
| ||||||
10 | (105 ILCS 5/10-20.76)
| ||||||
11 | Sec. 10-20.76 10-20.73 . Student identification; suicide | ||||||
12 | prevention information. Each school district shall provide | ||||||
13 | contact information for the National Suicide Prevention | ||||||
14 | Lifeline and for the Crisis Text Line on the back of each | ||||||
15 | student identification card issued by the school district. If | ||||||
16 | the school district does not issue student identification | ||||||
17 | cards to its students or to all of its students, the school | ||||||
18 | district must publish this information on its website.
| ||||||
19 | (Source: P.A. 102-134, eff. 7-23-21; revised 10-19-21.)
| ||||||
20 | (105 ILCS 5/10-20.77)
| ||||||
21 | (This Section may contain text from a Public Act with a | ||||||
22 | delayed effective date ) | ||||||
23 | Sec. 10-20.77 10-20.73 . Parent-teacher conference and | ||||||
24 | other meetings; caseworker. For any student who is in the |
| |||||||
| |||||||
1 | legal custody of the Department of Children and Family | ||||||
2 | Services, the liaison appointed under Section 10-20.59 must | ||||||
3 | inform the Department's Office of Education and Transition | ||||||
4 | Services of a parent-teacher conference or any other meeting | ||||||
5 | concerning the student that would otherwise involve a parent | ||||||
6 | and must, at the option of the caseworker, allow the student's | ||||||
7 | caseworker to attend the conference or meeting.
| ||||||
8 | (Source: P.A. 102-199, eff. 7-1-22; revised 10-19-21.)
| ||||||
9 | (105 ILCS 5/10-20.78)
| ||||||
10 | Sec. 10-20.78 10-20.73 . Student absence; pregnancy. A | ||||||
11 | school board shall adopt written policies related to absences | ||||||
12 | and missed homework or classwork assignments as a result of or | ||||||
13 | related to a student's pregnancy.
| ||||||
14 | (Source: P.A. 102-471, eff. 8-20-21; revised 10-19-21.)
| ||||||
15 | (105 ILCS 5/10-20.79)
| ||||||
16 | Sec. 10-20.79 10-20.73 . Computer literacy skills. All | ||||||
17 | school districts shall ensure that students receive | ||||||
18 | developmentally appropriate opportunities to gain computer | ||||||
19 | literacy skills beginning in elementary school.
| ||||||
20 | (Source: P.A. 101-654, eff. 3-8-21; revised 10-19-21.)
| ||||||
21 | (105 ILCS 5/10-20.80)
| ||||||
22 | Sec. 10-20.80 10-20.75 . School support personnel | ||||||
23 | reporting. No later than December 1, 2022 and each December |
| |||||||
| |||||||
1 | 1st annually thereafter, each school district must report to | ||||||
2 | the State Board of Education the information with regard to | ||||||
3 | the school district as of October 1st of each year beginning in | ||||||
4 | 2022 as described in subsection (b) of Section 2-3.182 of this | ||||||
5 | Code and must make that information available on its website.
| ||||||
6 | (Source: P.A. 102-302, eff. 1-1-22; revised 10-19-21.)
| ||||||
7 | (105 ILCS 5/10-20.81)
| ||||||
8 | (This Section may contain text from a Public Act with a | ||||||
9 | delayed effective date ) | ||||||
10 | Sec. 10-20.81 10-20.75 . Identification cards; suicide | ||||||
11 | prevention information. Each school district that serves | ||||||
12 | pupils in any of grades 6 through 12 and that issues an | ||||||
13 | identification card to pupils in any of grades 6 through 12 | ||||||
14 | shall provide contact information for the National Suicide | ||||||
15 | Prevention Lifeline (988), the Crisis Text Line, and either | ||||||
16 | the Safe2Help Illinois helpline or a local suicide prevention | ||||||
17 | hotline or both on the identification card. The contact | ||||||
18 | information shall identify each helpline that may be contacted | ||||||
19 | through text messaging. The contact information shall be | ||||||
20 | included in the school's student handbook and also the student | ||||||
21 | planner if a student planner is custom printed by the school | ||||||
22 | for distribution to pupils in any of grades 6 through 12.
| ||||||
23 | (Source: P.A. 102-416, eff. 7-1-22; revised 10-19-21.)
| ||||||
24 | (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
|
| |||||||
| |||||||
1 | Sec. 10-21.9. Criminal history records checks and checks | ||||||
2 | of the Statewide Sex Offender Database and Statewide Murderer | ||||||
3 | and Violent Offender Against Youth Database.
| ||||||
4 | (a) Licensed and nonlicensed applicants for employment | ||||||
5 | with a school
district, except school bus driver applicants, | ||||||
6 | are required as a condition
of employment to authorize a | ||||||
7 | fingerprint-based criminal history records check to determine | ||||||
8 | if such applicants have been convicted of any disqualifying, | ||||||
9 | enumerated criminal or drug offenses in subsection (c) of this | ||||||
10 | Section or
have been convicted, within 7 years of the | ||||||
11 | application for employment with
the
school district, of any | ||||||
12 | other felony under the laws of this State or of any
offense | ||||||
13 | committed or attempted in any other state or against the laws | ||||||
14 | of
the United States that, if committed or attempted in this | ||||||
15 | State, would
have been punishable as a felony under the laws of | ||||||
16 | this State.
Authorization for
the check shall be furnished by | ||||||
17 | the applicant to
the school district, except that if the | ||||||
18 | applicant is a substitute teacher
seeking employment in more | ||||||
19 | than one school district, a teacher seeking
concurrent | ||||||
20 | part-time employment positions with more than one school
| ||||||
21 | district (as a reading specialist, special education teacher | ||||||
22 | or otherwise),
or an educational support personnel employee | ||||||
23 | seeking employment positions
with more than one district, any | ||||||
24 | such district may require the applicant to
furnish | ||||||
25 | authorization for
the check to the regional superintendent
of | ||||||
26 | the educational service region in which are located the school |
| |||||||
| |||||||
1 | districts
in which the applicant is seeking employment as a | ||||||
2 | substitute or concurrent
part-time teacher or concurrent | ||||||
3 | educational support personnel employee.
Upon receipt of this | ||||||
4 | authorization, the school district or the appropriate
regional | ||||||
5 | superintendent, as the case may be, shall submit the | ||||||
6 | applicant's
name, sex, race, date of birth, social security | ||||||
7 | number, fingerprint images, and other identifiers, as | ||||||
8 | prescribed by the Illinois State Police, to the Illinois State | ||||||
9 | Police. The regional
superintendent submitting the requisite | ||||||
10 | information to the Illinois
State Police shall promptly notify | ||||||
11 | the school districts in which the
applicant is seeking | ||||||
12 | employment as a substitute or concurrent part-time
teacher or | ||||||
13 | concurrent educational support personnel employee that
the
| ||||||
14 | check of the applicant has been requested. The Illinois State | ||||||
15 | Police and the Federal Bureau of Investigation shall furnish, | ||||||
16 | pursuant to a fingerprint-based criminal history records | ||||||
17 | check, records of convictions, forever and hereinafter, until | ||||||
18 | expunged, to the president of the school board for the school | ||||||
19 | district that requested the check, or to the regional | ||||||
20 | superintendent who requested the check.
The Illinois State | ||||||
21 | Police
shall charge
the school district
or the appropriate | ||||||
22 | regional superintendent a fee for
conducting
such check, which | ||||||
23 | fee shall be deposited in the State
Police Services Fund and | ||||||
24 | shall not exceed the cost of
the inquiry; and the
applicant | ||||||
25 | shall not be charged a fee for
such check by the school
| ||||||
26 | district or by the regional superintendent, except that those |
| |||||||
| |||||||
1 | applicants seeking employment as a substitute teacher with a | ||||||
2 | school district may be charged a fee not to exceed the cost of | ||||||
3 | the inquiry. Subject to appropriations for these purposes, the | ||||||
4 | State Superintendent of Education shall reimburse school | ||||||
5 | districts and regional superintendents for fees paid to obtain | ||||||
6 | criminal history records checks under this Section.
| ||||||
7 | (a-5) The school district or regional superintendent shall | ||||||
8 | further perform a check of the Statewide Sex Offender | ||||||
9 | Database, as authorized by the Sex Offender Community | ||||||
10 | Notification Law, for each applicant. The check of the | ||||||
11 | Statewide Sex Offender Database must be conducted by the | ||||||
12 | school district or regional superintendent once for every 5 | ||||||
13 | years that an applicant remains employed by the school | ||||||
14 | district. | ||||||
15 | (a-6) The school district or regional superintendent shall | ||||||
16 | further perform a check of the Statewide Murderer and Violent | ||||||
17 | Offender Against Youth Database, as authorized by the Murderer | ||||||
18 | and Violent Offender Against Youth Community Notification Law, | ||||||
19 | for each applicant. The check of the Murderer and Violent | ||||||
20 | Offender Against Youth Database must be conducted by the | ||||||
21 | school district or regional superintendent once for every 5 | ||||||
22 | years that an applicant remains employed by the school | ||||||
23 | district. | ||||||
24 | (b)
Any information
concerning the record of convictions | ||||||
25 | obtained by the president of the
school board or the regional | ||||||
26 | superintendent shall be confidential and may
only be |
| |||||||
| |||||||
1 | transmitted to the superintendent of the school district or | ||||||
2 | his
designee, the appropriate regional superintendent if
the | ||||||
3 | check was
requested by the school district, the presidents of | ||||||
4 | the appropriate school
boards if
the check was requested from | ||||||
5 | the Illinois State
Police by the regional superintendent, the | ||||||
6 | State Board of Education and a school district as authorized | ||||||
7 | under subsection (b-5), the State Superintendent of
Education, | ||||||
8 | the State Educator Preparation and Licensure Board, any other | ||||||
9 | person
necessary to the decision of hiring the applicant for | ||||||
10 | employment, or for clarification purposes the Illinois State | ||||||
11 | Police or Statewide Sex Offender Database, or both. A copy
of | ||||||
12 | the record of convictions obtained from the Illinois State | ||||||
13 | Police
shall be provided to the applicant for employment. Upon | ||||||
14 | the check of the Statewide Sex Offender Database or Statewide | ||||||
15 | Murderer and Violent Offender Against Youth Database, the | ||||||
16 | school district or regional superintendent shall notify an | ||||||
17 | applicant as to whether or not the applicant has been | ||||||
18 | identified in the Database. If a check of
an applicant for | ||||||
19 | employment as a substitute or concurrent part-time teacher
or | ||||||
20 | concurrent educational support personnel employee in more than | ||||||
21 | one
school district was requested by the regional | ||||||
22 | superintendent, and the Illinois
State Police upon a check | ||||||
23 | ascertains that the applicant
has not been convicted of any of | ||||||
24 | the enumerated criminal or drug offenses
in subsection (c) of | ||||||
25 | this Section
or has not been convicted, within 7 years of the
| ||||||
26 | application for
employment with the
school district, of any |
| |||||||
| |||||||
1 | other felony under the laws of this State or of any
offense | ||||||
2 | committed or attempted in any other state or against the laws | ||||||
3 | of
the United States that, if committed or attempted in this | ||||||
4 | State, would
have been punishable as a felony under the laws of | ||||||
5 | this State
and so notifies the regional
superintendent and if | ||||||
6 | the regional superintendent upon a check ascertains that the | ||||||
7 | applicant has not been identified in the Sex Offender Database | ||||||
8 | or Statewide Murderer and Violent Offender Against Youth | ||||||
9 | Database, then the
regional superintendent shall issue to the | ||||||
10 | applicant a certificate
evidencing that as of the date | ||||||
11 | specified by the Illinois State Police
the applicant has not | ||||||
12 | been convicted of any of the enumerated criminal or
drug | ||||||
13 | offenses in subsection (c) of this Section
or has not been
| ||||||
14 | convicted, within 7 years of the application for employment | ||||||
15 | with the
school district, of any other felony under the laws of | ||||||
16 | this State or of any
offense committed or attempted in any | ||||||
17 | other state or against the laws of
the United States that, if | ||||||
18 | committed or attempted in this State, would
have been | ||||||
19 | punishable as a felony under the laws of this State and | ||||||
20 | evidencing that as of the date that the regional | ||||||
21 | superintendent conducted a check of the Statewide Sex Offender | ||||||
22 | Database or Statewide Murderer and Violent Offender Against | ||||||
23 | Youth Database, the applicant has not been identified in the | ||||||
24 | Database. The school
board of
any
school district
may rely on | ||||||
25 | the
certificate issued by any regional superintendent to that | ||||||
26 | substitute teacher, concurrent part-time teacher, or |
| |||||||
| |||||||
1 | concurrent educational support personnel employee or may
| ||||||
2 | initiate its own criminal history records check of the | ||||||
3 | applicant through the Illinois
State Police and its own check | ||||||
4 | of the Statewide Sex Offender Database or Statewide Murderer | ||||||
5 | and Violent Offender Against Youth Database as provided in | ||||||
6 | this Section. Any unauthorized release of confidential | ||||||
7 | information may be a violation of Section 7 of the Criminal | ||||||
8 | Identification Act.
| ||||||
9 | (b-5) If a criminal history records check or check of the | ||||||
10 | Statewide Sex Offender Database or Statewide Murderer and | ||||||
11 | Violent Offender Against Youth Database is performed by a | ||||||
12 | regional superintendent for an applicant seeking employment as | ||||||
13 | a substitute teacher with a school district, the regional | ||||||
14 | superintendent may disclose to the State Board of Education | ||||||
15 | whether the applicant has been issued a certificate under | ||||||
16 | subsection (b) based on those checks. If the State Board | ||||||
17 | receives information on an applicant under this subsection, | ||||||
18 | then it must indicate in the Educator Licensure Information | ||||||
19 | System for a 90-day period that the applicant has been issued | ||||||
20 | or has not been issued a certificate. | ||||||
21 | (c) No school board shall knowingly employ a person who | ||||||
22 | has been
convicted of any offense that would subject him or her | ||||||
23 | to license suspension or revocation pursuant to Section 21B-80 | ||||||
24 | of this Code, except as provided under subsection (b) of | ||||||
25 | Section 21B-80.
Further, no school board shall knowingly | ||||||
26 | employ a person who has been found
to be the perpetrator of |
| |||||||
| |||||||
1 | sexual or physical abuse of any minor under 18 years
of age | ||||||
2 | pursuant to proceedings under Article II of the Juvenile Court | ||||||
3 | Act of
1987. As a condition of employment, each school board | ||||||
4 | must consider the status of a person who has been issued an | ||||||
5 | indicated finding of abuse or neglect of a child by the | ||||||
6 | Department of Children and Family Services under the Abused | ||||||
7 | and Neglected Child Reporting Act or by a child welfare agency | ||||||
8 | of another jurisdiction.
| ||||||
9 | (d) No school board shall knowingly employ a person for | ||||||
10 | whom a criminal
history records check and a Statewide Sex | ||||||
11 | Offender Database check have not been initiated.
| ||||||
12 | (e) Within 10 days after a superintendent, regional office | ||||||
13 | of education, or entity that provides background checks of | ||||||
14 | license holders to public schools receives information of a | ||||||
15 | pending criminal charge against a license holder for an | ||||||
16 | offense set forth in Section 21B-80 of this Code, the | ||||||
17 | superintendent, regional office of education, or entity must | ||||||
18 | notify the State Superintendent of Education of the pending | ||||||
19 | criminal charge. | ||||||
20 | If permissible by federal or State law, no later than 15 | ||||||
21 | business days after receipt of a record of conviction or of | ||||||
22 | checking the Statewide Murderer and Violent Offender Against | ||||||
23 | Youth Database or the Statewide Sex Offender Database and | ||||||
24 | finding a registration, the superintendent of the employing | ||||||
25 | school board or the applicable regional superintendent shall, | ||||||
26 | in writing, notify the State Superintendent of Education of |
| |||||||
| |||||||
1 | any license holder who has been convicted of a crime set forth | ||||||
2 | in Section 21B-80 of this Code. Upon receipt of the record of a | ||||||
3 | conviction of or a finding of child
abuse by a holder of any | ||||||
4 | license
issued pursuant to Article 21B or Section 34-8.1 or | ||||||
5 | 34-83 of the
School Code, the
State Superintendent of | ||||||
6 | Education may initiate licensure suspension
and revocation | ||||||
7 | proceedings as authorized by law. If the receipt of the record | ||||||
8 | of conviction or finding of child abuse is received within 6 | ||||||
9 | months after the initial grant of or renewal of a license, the | ||||||
10 | State Superintendent of Education may rescind the license | ||||||
11 | holder's license.
| ||||||
12 | (e-5) The superintendent of the employing school board | ||||||
13 | shall, in writing, notify the State Superintendent of | ||||||
14 | Education and the applicable regional superintendent of | ||||||
15 | schools of any license holder whom he or she has reasonable | ||||||
16 | cause to believe has committed an intentional act of abuse or | ||||||
17 | neglect with the result of making a child an abused child or a | ||||||
18 | neglected child, as defined in Section 3 of the Abused and | ||||||
19 | Neglected Child Reporting Act, and that act resulted in the | ||||||
20 | license holder's dismissal or resignation from the school | ||||||
21 | district. This notification must be submitted within 30 days | ||||||
22 | after the dismissal or resignation and must include the | ||||||
23 | Illinois Educator Identification Number (IEIN) of the license | ||||||
24 | holder and a brief description of the misconduct alleged. The | ||||||
25 | license holder must also be contemporaneously sent a copy of | ||||||
26 | the notice by the superintendent. All correspondence, |
| |||||||
| |||||||
1 | documentation, and other information so received by the | ||||||
2 | regional superintendent of schools, the State Superintendent | ||||||
3 | of Education, the State Board of Education, or the State | ||||||
4 | Educator Preparation and Licensure Board under this subsection | ||||||
5 | (e-5) is confidential and must not be disclosed to third | ||||||
6 | parties, except (i) as necessary for the State Superintendent | ||||||
7 | of Education or his or her designee to investigate and | ||||||
8 | prosecute pursuant to Article 21B of this Code, (ii) pursuant | ||||||
9 | to a court order, (iii) for disclosure to the license holder or | ||||||
10 | his or her representative, or (iv) as otherwise provided in | ||||||
11 | this Article and provided that any such information admitted | ||||||
12 | into evidence in a hearing is exempt from this confidentiality | ||||||
13 | and non-disclosure requirement. Except for an act of willful | ||||||
14 | or wanton misconduct, any superintendent who provides | ||||||
15 | notification as required in this subsection (e-5) shall have | ||||||
16 | immunity from any liability, whether civil or criminal or that | ||||||
17 | otherwise might result by reason of such action. | ||||||
18 | (f) After January 1, 1990 the provisions of this Section | ||||||
19 | shall apply
to all employees of persons or firms holding | ||||||
20 | contracts with any school
district including, but not limited | ||||||
21 | to, food service workers, school bus
drivers and other | ||||||
22 | transportation employees, who have direct, daily contact
with | ||||||
23 | the pupils of any school in such district. For purposes of | ||||||
24 | criminal
history records checks and checks of the Statewide | ||||||
25 | Sex Offender Database on employees of persons or firms holding
| ||||||
26 | contracts with more than one school district and assigned to |
| |||||||
| |||||||
1 | more than one
school district, the regional superintendent of | ||||||
2 | the educational service
region in which the contracting school | ||||||
3 | districts are located may, at the
request of any such school | ||||||
4 | district, be responsible for receiving the
authorization for
a | ||||||
5 | criminal history records check prepared by each such employee | ||||||
6 | and
submitting the same to the Illinois State Police and for | ||||||
7 | conducting a check of the Statewide Sex Offender Database for | ||||||
8 | each employee. Any information
concerning the record of | ||||||
9 | conviction and identification as a sex offender of any such | ||||||
10 | employee obtained by the
regional superintendent shall be | ||||||
11 | promptly reported to the president of the
appropriate school | ||||||
12 | board or school boards.
| ||||||
13 | (f-5) Upon request of a school or school district, any | ||||||
14 | information obtained by a school district pursuant to | ||||||
15 | subsection (f) of this Section within the last year must be | ||||||
16 | made available to the requesting school or school district. | ||||||
17 | (g) Prior to the commencement of any student teaching | ||||||
18 | experience or required internship (which is referred to as | ||||||
19 | student teaching in this Section) in the public schools, a | ||||||
20 | student teacher is required to authorize a fingerprint-based | ||||||
21 | criminal history records check. Authorization for and payment | ||||||
22 | of the costs of the check must be furnished by the student | ||||||
23 | teacher to the school district where the student teaching is | ||||||
24 | to be completed. Upon receipt of this authorization and | ||||||
25 | payment, the school district shall submit the student | ||||||
26 | teacher's name, sex, race, date of birth, social security |
| |||||||
| |||||||
1 | number, fingerprint images, and other identifiers, as | ||||||
2 | prescribed by the Illinois State Police, to the Illinois State | ||||||
3 | Police. The Illinois State Police and the Federal Bureau of | ||||||
4 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
5 | criminal history records check, records of convictions, | ||||||
6 | forever and hereinafter, until expunged, to the president of | ||||||
7 | the school board for the school district that requested the | ||||||
8 | check. The Illinois State Police shall charge the school | ||||||
9 | district a fee for conducting the check, which fee must not | ||||||
10 | exceed the cost of the inquiry and must be deposited into the | ||||||
11 | State Police Services Fund. The school district shall further | ||||||
12 | perform a check of the Statewide Sex Offender Database, as | ||||||
13 | authorized by the Sex Offender Community Notification Law, and | ||||||
14 | of the Statewide Murderer and Violent Offender Against Youth | ||||||
15 | Database, as authorized by the Murderer and Violent Offender | ||||||
16 | Against Youth Registration Act, for each student teacher. No | ||||||
17 | school board may knowingly allow a person to student teach for | ||||||
18 | whom a criminal history records check, a Statewide Sex | ||||||
19 | Offender Database check, and a Statewide Murderer and Violent | ||||||
20 | Offender Against Youth Database check have not been completed | ||||||
21 | and reviewed by the district. | ||||||
22 | A copy of the record of convictions obtained from the | ||||||
23 | Illinois State Police must be provided to the student teacher. | ||||||
24 | Any information concerning the record of convictions obtained | ||||||
25 | by the president of the school board is confidential and may | ||||||
26 | only be transmitted to the superintendent of the school |
| |||||||
| |||||||
1 | district or his or her designee, the State Superintendent of | ||||||
2 | Education, the State Educator Preparation and Licensure Board, | ||||||
3 | or, for clarification purposes, the Illinois State Police or | ||||||
4 | the Statewide Sex Offender Database or Statewide Murderer and | ||||||
5 | Violent Offender Against Youth Database. Any unauthorized | ||||||
6 | release of confidential information may be a violation of | ||||||
7 | Section 7 of the Criminal Identification Act. | ||||||
8 | No school board shall knowingly allow a person to student | ||||||
9 | teach who has been convicted of any offense that would subject | ||||||
10 | him or her to license suspension or revocation pursuant to | ||||||
11 | subsection (c) of Section 21B-80 of this Code, except as | ||||||
12 | provided under subsection (b) of Section 21B-80. Further, no | ||||||
13 | school board shall allow a person to student teach if he or she | ||||||
14 | has been found to be the perpetrator of sexual or physical | ||||||
15 | abuse of a minor under 18 years of age pursuant to proceedings | ||||||
16 | under Article II of the Juvenile Court Act of 1987. Each school | ||||||
17 | board must consider the status of a person to student teach who | ||||||
18 | has been issued an indicated finding of abuse or neglect of a | ||||||
19 | child by the Department of Children and Family Services under | ||||||
20 | the Abused and Neglected Child Reporting Act or by a child | ||||||
21 | welfare agency of another jurisdiction. | ||||||
22 | (h) (Blank). | ||||||
23 | (Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | ||||||
24 | 101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff. | ||||||
25 | 1-1-22; revised 10-6-21.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/10-22.3f)
| ||||||
2 | Sec. 10-22.3f. Required health benefits. Insurance | ||||||
3 | protection and
benefits
for employees shall provide the | ||||||
4 | post-mastectomy care benefits required to be
covered by a | ||||||
5 | policy of accident and health insurance under Section 356t and | ||||||
6 | the
coverage required under Sections 356g, 356g.5, 356g.5-1, | ||||||
7 | 356q, 356u, 356w, 356x,
356z.6, 356z.8, 356z.9, 356z.11, | ||||||
8 | 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, | ||||||
9 | 356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, | ||||||
10 | 356z.41, 356z.45, 356z.46, 356z.47, and 356z.51 and 356z.43 of
| ||||||
11 | the
Illinois Insurance Code.
Insurance policies shall comply | ||||||
12 | with Section 356z.19 of the Illinois Insurance Code. The | ||||||
13 | coverage shall comply with Sections 155.22a, 355b, and 370c of
| ||||||
14 | the Illinois Insurance Code. The Department of Insurance shall | ||||||
15 | enforce the requirements of this Section.
| ||||||
16 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
17 | any, is conditioned on the rules being adopted in accordance | ||||||
18 | with all provisions of the Illinois Administrative Procedure | ||||||
19 | Act and all rules and procedures of the Joint Committee on | ||||||
20 | Administrative Rules; any purported rule not so adopted, for | ||||||
21 | whatever reason, is unauthorized. | ||||||
22 | (Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20; | ||||||
23 | 101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff. | ||||||
24 | 1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, | ||||||
25 | eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff. 1-1-22; | ||||||
26 | 102-665, eff. 10-8-21; revised 10-27-21.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
| ||||||
2 | (Text of Section before amendment by P.A. 102-466 )
| ||||||
3 | Sec. 10-22.6. Suspension or expulsion of pupils; school | ||||||
4 | searches.
| ||||||
5 | (a) To expel pupils guilty of gross disobedience or | ||||||
6 | misconduct, including gross disobedience or misconduct | ||||||
7 | perpetuated by electronic means, pursuant to subsection (b-20) | ||||||
8 | of this Section, and
no action shall lie against them for such | ||||||
9 | expulsion. Expulsion shall
take place only after the parents | ||||||
10 | have been requested to appear at a
meeting of the board, or | ||||||
11 | with a hearing officer appointed by it, to
discuss their | ||||||
12 | child's behavior. Such request shall be made by registered
or | ||||||
13 | certified mail and shall state the time, place and purpose of | ||||||
14 | the
meeting. The board, or a hearing officer appointed by it, | ||||||
15 | at such
meeting shall state the reasons for dismissal and the | ||||||
16 | date on which the
expulsion is to become effective. If a | ||||||
17 | hearing officer is appointed by
the board, he shall report to | ||||||
18 | the board a written summary of the evidence
heard at the | ||||||
19 | meeting and the board may take such action thereon as it
finds | ||||||
20 | appropriate. If the board acts to expel a pupil, the written | ||||||
21 | expulsion decision shall detail the specific reasons why | ||||||
22 | removing the pupil from the learning environment is in the | ||||||
23 | best interest of the school. The expulsion decision shall also | ||||||
24 | include a rationale as to the specific duration of the | ||||||
25 | expulsion. An expelled pupil may be immediately transferred to |
| |||||||
| |||||||
1 | an alternative program in the manner provided in Article 13A | ||||||
2 | or 13B of this Code. A pupil must not be denied transfer | ||||||
3 | because of the expulsion, except in cases in which such | ||||||
4 | transfer is deemed to cause a threat to the safety of students | ||||||
5 | or staff in the alternative program.
| ||||||
6 | (b) To suspend or by policy to authorize the | ||||||
7 | superintendent of
the district or the principal, assistant | ||||||
8 | principal, or dean of students
of any school to suspend pupils | ||||||
9 | guilty of gross disobedience or misconduct, or
to suspend | ||||||
10 | pupils guilty of gross disobedience or misconduct on the | ||||||
11 | school bus
from riding the school bus, pursuant to subsections | ||||||
12 | (b-15) and (b-20) of this Section, and no action
shall lie | ||||||
13 | against them for such suspension. The board may by policy
| ||||||
14 | authorize the superintendent of the district or the principal, | ||||||
15 | assistant
principal, or dean of students of any
school to | ||||||
16 | suspend pupils guilty of such acts for a period not to exceed
| ||||||
17 | 10 school days. If a pupil is suspended due to gross | ||||||
18 | disobedience or misconduct
on a school bus, the board may | ||||||
19 | suspend the pupil in excess of 10
school
days for safety | ||||||
20 | reasons. | ||||||
21 | Any suspension shall be reported immediately to the
| ||||||
22 | parents or guardian of a pupil along with a full statement of | ||||||
23 | the
reasons for such suspension and a notice of their right to | ||||||
24 | a review. The school board must be given a summary of the | ||||||
25 | notice, including the reason for the suspension and the | ||||||
26 | suspension length. Upon request of the
parents or guardian, |
| |||||||
| |||||||
1 | the school board or a hearing officer appointed by
it shall | ||||||
2 | review such action of the superintendent or principal, | ||||||
3 | assistant
principal, or dean of students. At such
review, the | ||||||
4 | parents or guardian of the pupil may appear and discuss the
| ||||||
5 | suspension with the board or its hearing officer. If a hearing | ||||||
6 | officer
is appointed by the board, he shall report to the board | ||||||
7 | a written summary
of the evidence heard at the meeting. After | ||||||
8 | its hearing or upon receipt
of the written report of its | ||||||
9 | hearing officer, the board may take such
action as it finds | ||||||
10 | appropriate. If a student is suspended pursuant to this | ||||||
11 | subsection (b), the board shall, in the written suspension | ||||||
12 | decision, detail the specific act of gross disobedience or | ||||||
13 | misconduct resulting in the decision to suspend. The | ||||||
14 | suspension decision shall also include a rationale as to the | ||||||
15 | specific duration of the suspension. A pupil who is suspended | ||||||
16 | in excess of 20 school days may be immediately transferred to | ||||||
17 | an alternative program in the manner provided in Article 13A | ||||||
18 | or 13B of this Code. A pupil must not be denied transfer | ||||||
19 | because of the suspension, except in cases in which such | ||||||
20 | transfer is deemed to cause a threat to the safety of students | ||||||
21 | or staff in the alternative program.
| ||||||
22 | (b-5) Among the many possible disciplinary interventions | ||||||
23 | and consequences available to school officials, school | ||||||
24 | exclusions, such as out-of-school suspensions and expulsions, | ||||||
25 | are the most serious. School officials shall limit the number | ||||||
26 | and duration of expulsions and suspensions to the greatest |
| |||||||
| |||||||
1 | extent practicable, and it is recommended that they use them | ||||||
2 | only for legitimate educational purposes. To ensure that | ||||||
3 | students are not excluded from school unnecessarily, it is | ||||||
4 | recommended that school officials consider forms of | ||||||
5 | non-exclusionary discipline prior to using out-of-school | ||||||
6 | suspensions or expulsions. | ||||||
7 | (b-10) Unless otherwise required by federal law or this | ||||||
8 | Code, school boards may not institute zero-tolerance policies | ||||||
9 | by which school administrators are required to suspend or | ||||||
10 | expel students for particular behaviors. | ||||||
11 | (b-15) Out-of-school suspensions of 3 days or less may be | ||||||
12 | used only if the student's continuing presence in school would | ||||||
13 | pose a threat to school safety or a disruption to other | ||||||
14 | students' learning opportunities. For purposes of this | ||||||
15 | subsection (b-15), "threat to school safety or a disruption to | ||||||
16 | other students' learning opportunities" shall be determined on | ||||||
17 | a case-by-case basis by the school board or its designee. | ||||||
18 | School officials shall make all reasonable efforts to resolve | ||||||
19 | such threats, address such disruptions, and minimize the | ||||||
20 | length of suspensions to the greatest extent practicable. | ||||||
21 | (b-20) Unless otherwise required by this Code, | ||||||
22 | out-of-school suspensions of longer than 3 days, expulsions, | ||||||
23 | and disciplinary removals to alternative schools may be used | ||||||
24 | only if other appropriate and available behavioral and | ||||||
25 | disciplinary interventions have been exhausted and the | ||||||
26 | student's continuing presence in school would either (i) pose |
| |||||||
| |||||||
1 | a
threat to the safety of other students, staff, or members of
| ||||||
2 | the school community or (ii) substantially disrupt, impede, or
| ||||||
3 | interfere with the operation of the school. For purposes of | ||||||
4 | this subsection (b-20), "threat to the safety of other | ||||||
5 | students, staff, or members of the school community" and | ||||||
6 | "substantially disrupt, impede, or interfere with the | ||||||
7 | operation of the school" shall be determined on a case-by-case | ||||||
8 | basis by school officials. For purposes of this subsection | ||||||
9 | (b-20), the determination of whether "appropriate and | ||||||
10 | available behavioral and disciplinary interventions have been | ||||||
11 | exhausted" shall be made by school officials. School officials | ||||||
12 | shall make all reasonable efforts to resolve such threats, | ||||||
13 | address such disruptions, and minimize the length of student | ||||||
14 | exclusions to the greatest extent practicable. Within the | ||||||
15 | suspension decision described in subsection (b) of this | ||||||
16 | Section or the expulsion decision described in subsection (a) | ||||||
17 | of this Section, it shall be documented whether other | ||||||
18 | interventions were attempted or whether it was determined that | ||||||
19 | there were no other appropriate and available interventions. | ||||||
20 | (b-25) Students who are suspended out-of-school for longer | ||||||
21 | than 4 school days shall be provided appropriate and available | ||||||
22 | support services during the period of their suspension. For | ||||||
23 | purposes of this subsection (b-25), "appropriate and available | ||||||
24 | support services" shall be determined by school authorities. | ||||||
25 | Within the suspension decision described in subsection (b) of | ||||||
26 | this Section, it shall be documented whether such services are |
| |||||||
| |||||||
1 | to be provided or whether it was determined that there are no | ||||||
2 | such appropriate and available services. | ||||||
3 | A school district may refer students who are expelled to | ||||||
4 | appropriate and available support services. | ||||||
5 | A school district shall create a policy to facilitate the | ||||||
6 | re-engagement of students who are suspended out-of-school, | ||||||
7 | expelled, or returning from an alternative school setting. | ||||||
8 | (b-30) A school district shall create a policy by which | ||||||
9 | suspended pupils, including those pupils suspended from the | ||||||
10 | school bus who do not have alternate transportation to school, | ||||||
11 | shall have the opportunity to make up work for equivalent | ||||||
12 | academic credit. It shall be the responsibility of a pupil's | ||||||
13 | parent or guardian to notify school officials that a pupil | ||||||
14 | suspended from the school bus does not have alternate | ||||||
15 | transportation to school. | ||||||
16 | (c) A school board must invite a representative from a | ||||||
17 | local mental health agency to consult with the board at the | ||||||
18 | meeting whenever there is evidence that mental illness may be | ||||||
19 | the cause of a student's expulsion or suspension.
| ||||||
20 | (c-5) School districts shall make reasonable efforts to | ||||||
21 | provide ongoing professional development to teachers, | ||||||
22 | administrators, school board members, school resource | ||||||
23 | officers, and staff on the adverse consequences of school | ||||||
24 | exclusion and justice-system involvement, effective classroom | ||||||
25 | management strategies, culturally responsive discipline, the | ||||||
26 | appropriate and available supportive services for the |
| |||||||
| |||||||
1 | promotion of student attendance and engagement, and | ||||||
2 | developmentally appropriate disciplinary methods that promote | ||||||
3 | positive and healthy school climates. | ||||||
4 | (d) The board may expel a student for a definite period of | ||||||
5 | time not to
exceed 2 calendar years, as determined on a | ||||||
6 | case-by-case basis.
A student who
is determined to have | ||||||
7 | brought one of the following objects to school, any | ||||||
8 | school-sponsored activity
or event, or any activity or event | ||||||
9 | that bears a reasonable relationship to school shall be | ||||||
10 | expelled for a period of not less than
one year: | ||||||
11 | (1) A firearm. For the purposes of this Section, | ||||||
12 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
13 | by Section 921 of Title 18 of the United States Code, | ||||||
14 | firearm as defined in Section 1.1 of the Firearm Owners | ||||||
15 | Identification Card Act, or firearm as defined in Section | ||||||
16 | 24-1 of the Criminal Code of 2012. The expulsion period | ||||||
17 | under this subdivision (1) may be modified by the | ||||||
18 | superintendent, and the superintendent's determination may | ||||||
19 | be modified by the board on a case-by-case basis. | ||||||
20 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
21 | regardless of its composition, a billy club, or any other | ||||||
22 | object if used or attempted to be used to cause bodily | ||||||
23 | harm, including "look alikes" of any firearm as defined in | ||||||
24 | subdivision (1) of this subsection (d). The expulsion | ||||||
25 | requirement under this subdivision (2) may be modified by | ||||||
26 | the superintendent, and the superintendent's determination |
| |||||||
| |||||||
1 | may be modified by the board on a case-by-case basis. | ||||||
2 | Expulsion
or suspension
shall be construed in a
manner | ||||||
3 | consistent with the federal Individuals with Disabilities | ||||||
4 | Education
Act. A student who is subject to suspension or | ||||||
5 | expulsion as provided in this
Section may be eligible for a | ||||||
6 | transfer to an alternative school program in
accordance with | ||||||
7 | Article 13A of the School Code.
| ||||||
8 | (d-5) The board may suspend or by regulation
authorize the | ||||||
9 | superintendent of the district or the principal, assistant
| ||||||
10 | principal, or dean of students of any
school to suspend a | ||||||
11 | student for a period not to exceed
10 school days or may expel | ||||||
12 | a student for a definite period of time not to
exceed 2 | ||||||
13 | calendar years, as determined on a case-by-case basis, if (i) | ||||||
14 | that student has been determined to have made an explicit | ||||||
15 | threat on an Internet website against a school employee, a | ||||||
16 | student, or any school-related personnel, (ii) the Internet | ||||||
17 | website through which the threat was made is a site that was | ||||||
18 | accessible within the school at the time the threat was made or | ||||||
19 | was available to third parties who worked or studied within | ||||||
20 | the school grounds at the time the threat was made, and (iii) | ||||||
21 | the threat could be reasonably interpreted as threatening to | ||||||
22 | the safety and security of the threatened individual because | ||||||
23 | of his or her duties or employment status or status as a | ||||||
24 | student inside the school.
| ||||||
25 | (e) To maintain order and security in the schools, school | ||||||
26 | authorities may
inspect and search places and areas such as |
| |||||||
| |||||||
1 | lockers, desks, parking lots, and
other school property and | ||||||
2 | equipment owned or controlled by the school, as well
as | ||||||
3 | personal effects left in those places and areas by students, | ||||||
4 | without notice
to or the consent of the student, and without a | ||||||
5 | search warrant. As a matter of
public policy, the General | ||||||
6 | Assembly finds that students have no reasonable
expectation of | ||||||
7 | privacy in these places and areas or in their personal effects
| ||||||
8 | left in these places and areas. School authorities may request | ||||||
9 | the assistance
of law enforcement officials for the purpose of | ||||||
10 | conducting inspections and
searches of lockers, desks, parking | ||||||
11 | lots, and other school property and
equipment owned or | ||||||
12 | controlled by the school for illegal drugs, weapons, or
other
| ||||||
13 | illegal or dangerous substances or materials, including | ||||||
14 | searches conducted
through the use of specially trained dogs. | ||||||
15 | If a search conducted in accordance
with this Section produces | ||||||
16 | evidence that the student has violated or is
violating either | ||||||
17 | the law, local ordinance, or the school's policies or rules,
| ||||||
18 | such evidence may be seized by school authorities, and | ||||||
19 | disciplinary action may
be taken. School authorities may also | ||||||
20 | turn over such evidence to law
enforcement authorities.
| ||||||
21 | (f) Suspension or expulsion may include suspension or | ||||||
22 | expulsion from
school and all school activities and a | ||||||
23 | prohibition from being present on school
grounds.
| ||||||
24 | (g) A school district may adopt a policy providing that if | ||||||
25 | a student
is suspended or expelled for any reason from any | ||||||
26 | public or private school
in this or any other state, the |
| |||||||
| |||||||
1 | student must complete the entire term of
the suspension or | ||||||
2 | expulsion in an alternative school program under Article 13A | ||||||
3 | of this Code or an alternative learning opportunities program | ||||||
4 | under Article 13B of this Code before being admitted into the | ||||||
5 | school
district if there is no threat to the safety of students | ||||||
6 | or staff in the alternative program.
| ||||||
7 | (h) School officials shall not advise or encourage | ||||||
8 | students to drop out voluntarily due to behavioral or academic | ||||||
9 | difficulties. | ||||||
10 | (i) A student may not be issued a monetary fine or fee as a | ||||||
11 | disciplinary consequence, though this shall not preclude | ||||||
12 | requiring a student to provide restitution for lost, stolen, | ||||||
13 | or damaged property. | ||||||
14 | (j) Subsections (a) through (i) of this Section shall | ||||||
15 | apply to elementary and secondary schools, charter schools, | ||||||
16 | special charter districts, and school districts organized | ||||||
17 | under Article 34 of this Code. | ||||||
18 | (k) The expulsion of children enrolled in programs funded | ||||||
19 | under Section 1C-2 of this Code is subject to the requirements | ||||||
20 | under paragraph (7) of subsection (a) of Section 2-3.71 of | ||||||
21 | this Code. | ||||||
22 | (l) Beginning with the 2018-2019 school year, an in-school | ||||||
23 | suspension program provided by a school district for any | ||||||
24 | students in kindergarten through grade 12 may focus on | ||||||
25 | promoting non-violent conflict resolution and positive | ||||||
26 | interaction with other students and school personnel. A school |
| |||||||
| |||||||
1 | district may employ a school social worker or a licensed | ||||||
2 | mental health professional to oversee an in-school suspension | ||||||
3 | program in kindergarten through grade 12. | ||||||
4 | (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21.) | ||||||
5 | (Text of Section after amendment by P.A. 102-466 )
| ||||||
6 | Sec. 10-22.6. Suspension or expulsion of pupils; school | ||||||
7 | searches.
| ||||||
8 | (a) To expel pupils guilty of gross disobedience or | ||||||
9 | misconduct, including gross disobedience or misconduct | ||||||
10 | perpetuated by electronic means, pursuant to subsection (b-20) | ||||||
11 | of this Section, and
no action shall lie against them for such | ||||||
12 | expulsion. Expulsion shall
take place only after the parents | ||||||
13 | or guardians have been requested to appear at a
meeting of the | ||||||
14 | board, or with a hearing officer appointed by it, to
discuss | ||||||
15 | their child's behavior. Such request shall be made by | ||||||
16 | registered
or certified mail and shall state the time, place | ||||||
17 | and purpose of the
meeting. The board, or a hearing officer | ||||||
18 | appointed by it, at such
meeting shall state the reasons for | ||||||
19 | dismissal and the date on which the
expulsion is to become | ||||||
20 | effective. If a hearing officer is appointed by
the board, he | ||||||
21 | shall report to the board a written summary of the evidence
| ||||||
22 | heard at the meeting and the board may take such action thereon | ||||||
23 | as it
finds appropriate. If the board acts to expel a pupil, | ||||||
24 | the written expulsion decision shall detail the specific | ||||||
25 | reasons why removing the pupil from the learning environment |
| |||||||
| |||||||
1 | is in the best interest of the school. The expulsion decision | ||||||
2 | shall also include a rationale as to the specific duration of | ||||||
3 | the expulsion. An expelled pupil may be immediately | ||||||
4 | transferred to an alternative program in the manner provided | ||||||
5 | in Article 13A or 13B of this Code. A pupil must not be denied | ||||||
6 | transfer because of the expulsion, except in cases in which | ||||||
7 | such transfer is deemed to cause a threat to the safety of | ||||||
8 | students or staff in the alternative program.
| ||||||
9 | (b) To suspend or by policy to authorize the | ||||||
10 | superintendent of
the district or the principal, assistant | ||||||
11 | principal, or dean of students
of any school to suspend pupils | ||||||
12 | guilty of gross disobedience or misconduct, or
to suspend | ||||||
13 | pupils guilty of gross disobedience or misconduct on the | ||||||
14 | school bus
from riding the school bus, pursuant to subsections | ||||||
15 | (b-15) and (b-20) of this Section, and no action
shall lie | ||||||
16 | against them for such suspension. The board may by policy
| ||||||
17 | authorize the superintendent of the district or the principal, | ||||||
18 | assistant
principal, or dean of students of any
school to | ||||||
19 | suspend pupils guilty of such acts for a period not to exceed
| ||||||
20 | 10 school days. If a pupil is suspended due to gross | ||||||
21 | disobedience or misconduct
on a school bus, the board may | ||||||
22 | suspend the pupil in excess of 10
school
days for safety | ||||||
23 | reasons. | ||||||
24 | Any suspension shall be reported immediately to the
| ||||||
25 | parents or guardians of a pupil along with a full statement of | ||||||
26 | the
reasons for such suspension and a notice of their right to |
| |||||||
| |||||||
1 | a review. The school board must be given a summary of the | ||||||
2 | notice, including the reason for the suspension and the | ||||||
3 | suspension length. Upon request of the
parents or guardians, | ||||||
4 | the school board or a hearing officer appointed by
it shall | ||||||
5 | review such action of the superintendent or principal, | ||||||
6 | assistant
principal, or dean of students. At such
review, the | ||||||
7 | parents or guardians of the pupil may appear and discuss the
| ||||||
8 | suspension with the board or its hearing officer. If a hearing | ||||||
9 | officer
is appointed by the board, he shall report to the board | ||||||
10 | a written summary
of the evidence heard at the meeting. After | ||||||
11 | its hearing or upon receipt
of the written report of its | ||||||
12 | hearing officer, the board may take such
action as it finds | ||||||
13 | appropriate. If a student is suspended pursuant to this | ||||||
14 | subsection (b), the board shall, in the written suspension | ||||||
15 | decision, detail the specific act of gross disobedience or | ||||||
16 | misconduct resulting in the decision to suspend. The | ||||||
17 | suspension decision shall also include a rationale as to the | ||||||
18 | specific duration of the suspension. A pupil who is suspended | ||||||
19 | in excess of 20 school days may be immediately transferred to | ||||||
20 | an alternative program in the manner provided in Article 13A | ||||||
21 | or 13B of this Code. A pupil must not be denied transfer | ||||||
22 | because of the suspension, except in cases in which such | ||||||
23 | transfer is deemed to cause a threat to the safety of students | ||||||
24 | or staff in the alternative program.
| ||||||
25 | (b-5) Among the many possible disciplinary interventions | ||||||
26 | and consequences available to school officials, school |
| |||||||
| |||||||
1 | exclusions, such as out-of-school suspensions and expulsions, | ||||||
2 | are the most serious. School officials shall limit the number | ||||||
3 | and duration of expulsions and suspensions to the greatest | ||||||
4 | extent practicable, and it is recommended that they use them | ||||||
5 | only for legitimate educational purposes. To ensure that | ||||||
6 | students are not excluded from school unnecessarily, it is | ||||||
7 | recommended that school officials consider forms of | ||||||
8 | non-exclusionary discipline prior to using out-of-school | ||||||
9 | suspensions or expulsions. | ||||||
10 | (b-10) Unless otherwise required by federal law or this | ||||||
11 | Code, school boards may not institute zero-tolerance policies | ||||||
12 | by which school administrators are required to suspend or | ||||||
13 | expel students for particular behaviors. | ||||||
14 | (b-15) Out-of-school suspensions of 3 days or less may be | ||||||
15 | used only if the student's continuing presence in school would | ||||||
16 | pose a threat to school safety or a disruption to other | ||||||
17 | students' learning opportunities. For purposes of this | ||||||
18 | subsection (b-15), "threat to school safety or a disruption to | ||||||
19 | other students' learning opportunities" shall be determined on | ||||||
20 | a case-by-case basis by the school board or its designee. | ||||||
21 | School officials shall make all reasonable efforts to resolve | ||||||
22 | such threats, address such disruptions, and minimize the | ||||||
23 | length of suspensions to the greatest extent practicable. | ||||||
24 | (b-20) Unless otherwise required by this Code, | ||||||
25 | out-of-school suspensions of longer than 3 days, expulsions, | ||||||
26 | and disciplinary removals to alternative schools may be used |
| |||||||
| |||||||
1 | only if other appropriate and available behavioral and | ||||||
2 | disciplinary interventions have been exhausted and the | ||||||
3 | student's continuing presence in school would either (i) pose | ||||||
4 | a
threat to the safety of other students, staff, or members of
| ||||||
5 | the school community or (ii) substantially disrupt, impede, or
| ||||||
6 | interfere with the operation of the school. For purposes of | ||||||
7 | this subsection (b-20), "threat to the safety of other | ||||||
8 | students, staff, or members of the school community" and | ||||||
9 | "substantially disrupt, impede, or interfere with the | ||||||
10 | operation of the school" shall be determined on a case-by-case | ||||||
11 | basis by school officials. For purposes of this subsection | ||||||
12 | (b-20), the determination of whether "appropriate and | ||||||
13 | available behavioral and disciplinary interventions have been | ||||||
14 | exhausted" shall be made by school officials. School officials | ||||||
15 | shall make all reasonable efforts to resolve such threats, | ||||||
16 | address such disruptions, and minimize the length of student | ||||||
17 | exclusions to the greatest extent practicable. Within the | ||||||
18 | suspension decision described in subsection (b) of this | ||||||
19 | Section or the expulsion decision described in subsection (a) | ||||||
20 | of this Section, it shall be documented whether other | ||||||
21 | interventions were attempted or whether it was determined that | ||||||
22 | there were no other appropriate and available interventions. | ||||||
23 | (b-25) Students who are suspended out-of-school for longer | ||||||
24 | than 4 school days shall be provided appropriate and available | ||||||
25 | support services during the period of their suspension. For | ||||||
26 | purposes of this subsection (b-25), "appropriate and available |
| |||||||
| |||||||
1 | support services" shall be determined by school authorities. | ||||||
2 | Within the suspension decision described in subsection (b) of | ||||||
3 | this Section, it shall be documented whether such services are | ||||||
4 | to be provided or whether it was determined that there are no | ||||||
5 | such appropriate and available services. | ||||||
6 | A school district may refer students who are expelled to | ||||||
7 | appropriate and available support services. | ||||||
8 | A school district shall create a policy to facilitate the | ||||||
9 | re-engagement of students who are suspended out-of-school, | ||||||
10 | expelled, or returning from an alternative school setting. | ||||||
11 | (b-30) A school district shall create a policy by which | ||||||
12 | suspended pupils, including those pupils suspended from the | ||||||
13 | school bus who do not have alternate transportation to school, | ||||||
14 | shall have the opportunity to make up work for equivalent | ||||||
15 | academic credit. It shall be the responsibility of a pupil's | ||||||
16 | parents or guardians to notify school officials that a pupil | ||||||
17 | suspended from the school bus does not have alternate | ||||||
18 | transportation to school. | ||||||
19 | (b-35) In all suspension review hearings conducted
under | ||||||
20 | subsection (b) or expulsion hearings conducted
under | ||||||
21 | subsection (a), a student may disclose any factor to be | ||||||
22 | considered in mitigation, including his or her status as
a | ||||||
23 | parent, expectant parent, or victim of domestic or sexual | ||||||
24 | violence, as defined in Article 26A. A representative of the
| ||||||
25 | parent's or guardian's choice, or of the student's choice if | ||||||
26 | emancipated, must be permitted to represent
the student |
| |||||||
| |||||||
1 | throughout the proceedings and to address the school board or | ||||||
2 | its appointed hearing officer. With the
approval of the | ||||||
3 | student's parent or guardian, or of the student if | ||||||
4 | emancipated, a support person
must be permitted to accompany | ||||||
5 | the student to any disciplinary
hearings or proceedings. The | ||||||
6 | representative or support person must comply with any rules of | ||||||
7 | the school district's hearing process. If the representative | ||||||
8 | or support person violates the rules or engages in behavior or | ||||||
9 | advocacy that harasses, abuses, or intimidates either party, a | ||||||
10 | witness, or anyone else in attendance at the hearing, the | ||||||
11 | representative or support person may be prohibited from | ||||||
12 | further participation in the hearing or proceeding. A | ||||||
13 | suspension or expulsion proceeding
under this subsection | ||||||
14 | (b-35) must be conducted independently
from any ongoing | ||||||
15 | criminal investigation or proceeding, and an absence of | ||||||
16 | pending or possible criminal charges, criminal investigations, | ||||||
17 | or proceedings may not be a factor in school
disciplinary | ||||||
18 | decisions. | ||||||
19 | (b-40) During a suspension review hearing conducted
under | ||||||
20 | subsection (b) or an expulsion hearing conducted
under | ||||||
21 | subsection (a) that involves allegations of sexual
violence by | ||||||
22 | the student who is subject to discipline, neither
the student | ||||||
23 | nor his or her representative shall directly
question nor have | ||||||
24 | direct contact with the alleged victim. The
student who is | ||||||
25 | subject to discipline or his or her
representative may, at the | ||||||
26 | discretion and direction of the
school board or its appointed |
| |||||||
| |||||||
1 | hearing officer, suggest
questions to be posed by the school | ||||||
2 | board or its appointed
hearing officer to the alleged victim. | ||||||
3 | (c) A school board must invite a representative from a | ||||||
4 | local mental health agency to consult with the board at the | ||||||
5 | meeting whenever there is evidence that mental illness may be | ||||||
6 | the cause of a student's expulsion or suspension.
| ||||||
7 | (c-5) School districts shall make reasonable efforts to | ||||||
8 | provide ongoing professional development to teachers, | ||||||
9 | administrators, school board members, school resource | ||||||
10 | officers, and staff on the adverse consequences of school | ||||||
11 | exclusion and justice-system involvement, effective classroom | ||||||
12 | management strategies, culturally responsive discipline, the | ||||||
13 | appropriate and available supportive services for the | ||||||
14 | promotion of student attendance and engagement, and | ||||||
15 | developmentally appropriate disciplinary methods that promote | ||||||
16 | positive and healthy school climates. | ||||||
17 | (d) The board may expel a student for a definite period of | ||||||
18 | time not to
exceed 2 calendar years, as determined on a | ||||||
19 | case-by-case basis.
A student who
is determined to have | ||||||
20 | brought one of the following objects to school, any | ||||||
21 | school-sponsored activity
or event, or any activity or event | ||||||
22 | that bears a reasonable relationship to school shall be | ||||||
23 | expelled for a period of not less than
one year: | ||||||
24 | (1) A firearm. For the purposes of this Section, | ||||||
25 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
26 | by Section 921 of Title 18 of the United States Code, |
| |||||||
| |||||||
1 | firearm as defined in Section 1.1 of the Firearm Owners | ||||||
2 | Identification Card Act, or firearm as defined in Section | ||||||
3 | 24-1 of the Criminal Code of 2012. The expulsion period | ||||||
4 | under this subdivision (1) may be modified by the | ||||||
5 | superintendent, and the superintendent's determination may | ||||||
6 | be modified by the board on a case-by-case basis. | ||||||
7 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
8 | regardless of its composition, a billy club, or any other | ||||||
9 | object if used or attempted to be used to cause bodily | ||||||
10 | harm, including "look alikes" of any firearm as defined in | ||||||
11 | subdivision (1) of this subsection (d). The expulsion | ||||||
12 | requirement under this subdivision (2) may be modified by | ||||||
13 | the superintendent, and the superintendent's determination | ||||||
14 | may be modified by the board on a case-by-case basis. | ||||||
15 | Expulsion
or suspension
shall be construed in a
manner | ||||||
16 | consistent with the federal Individuals with Disabilities | ||||||
17 | Education
Act. A student who is subject to suspension or | ||||||
18 | expulsion as provided in this
Section may be eligible for a | ||||||
19 | transfer to an alternative school program in
accordance with | ||||||
20 | Article 13A of the School Code.
| ||||||
21 | (d-5) The board may suspend or by regulation
authorize the | ||||||
22 | superintendent of the district or the principal, assistant
| ||||||
23 | principal, or dean of students of any
school to suspend a | ||||||
24 | student for a period not to exceed
10 school days or may expel | ||||||
25 | a student for a definite period of time not to
exceed 2 | ||||||
26 | calendar years, as determined on a case-by-case basis, if (i) |
| |||||||
| |||||||
1 | that student has been determined to have made an explicit | ||||||
2 | threat on an Internet website against a school employee, a | ||||||
3 | student, or any school-related personnel, (ii) the Internet | ||||||
4 | website through which the threat was made is a site that was | ||||||
5 | accessible within the school at the time the threat was made or | ||||||
6 | was available to third parties who worked or studied within | ||||||
7 | the school grounds at the time the threat was made, and (iii) | ||||||
8 | the threat could be reasonably interpreted as threatening to | ||||||
9 | the safety and security of the threatened individual because | ||||||
10 | of his or her duties or employment status or status as a | ||||||
11 | student inside the school.
| ||||||
12 | (e) To maintain order and security in the schools, school | ||||||
13 | authorities may
inspect and search places and areas such as | ||||||
14 | lockers, desks, parking lots, and
other school property and | ||||||
15 | equipment owned or controlled by the school, as well
as | ||||||
16 | personal effects left in those places and areas by students, | ||||||
17 | without notice
to or the consent of the student, and without a | ||||||
18 | search warrant. As a matter of
public policy, the General | ||||||
19 | Assembly finds that students have no reasonable
expectation of | ||||||
20 | privacy in these places and areas or in their personal effects
| ||||||
21 | left in these places and areas. School authorities may request | ||||||
22 | the assistance
of law enforcement officials for the purpose of | ||||||
23 | conducting inspections and
searches of lockers, desks, parking | ||||||
24 | lots, and other school property and
equipment owned or | ||||||
25 | controlled by the school for illegal drugs, weapons, or
other
| ||||||
26 | illegal or dangerous substances or materials, including |
| |||||||
| |||||||
1 | searches conducted
through the use of specially trained dogs. | ||||||
2 | If a search conducted in accordance
with this Section produces | ||||||
3 | evidence that the student has violated or is
violating either | ||||||
4 | the law, local ordinance, or the school's policies or rules,
| ||||||
5 | such evidence may be seized by school authorities, and | ||||||
6 | disciplinary action may
be taken. School authorities may also | ||||||
7 | turn over such evidence to law
enforcement authorities.
| ||||||
8 | (f) Suspension or expulsion may include suspension or | ||||||
9 | expulsion from
school and all school activities and a | ||||||
10 | prohibition from being present on school
grounds.
| ||||||
11 | (g) A school district may adopt a policy providing that if | ||||||
12 | a student
is suspended or expelled for any reason from any | ||||||
13 | public or private school
in this or any other state, the | ||||||
14 | student must complete the entire term of
the suspension or | ||||||
15 | expulsion in an alternative school program under Article 13A | ||||||
16 | of this Code or an alternative learning opportunities program | ||||||
17 | under Article 13B of this Code before being admitted into the | ||||||
18 | school
district if there is no threat to the safety of students | ||||||
19 | or staff in the alternative program. A school district that | ||||||
20 | adopts a policy under this subsection (g) must include a | ||||||
21 | provision allowing for consideration of any mitigating | ||||||
22 | factors, including, but not limited to, a student's status as | ||||||
23 | a parent, expectant parent, or victim of domestic or sexual | ||||||
24 | violence, as defined in Article 26A.
| ||||||
25 | (h) School officials shall not advise or encourage | ||||||
26 | students to drop out voluntarily due to behavioral or academic |
| |||||||
| |||||||
1 | difficulties. | ||||||
2 | (i) A student may not be issued a monetary fine or fee as a | ||||||
3 | disciplinary consequence, though this shall not preclude | ||||||
4 | requiring a student to provide restitution for lost, stolen, | ||||||
5 | or damaged property. | ||||||
6 | (j) Subsections (a) through (i) of this Section shall | ||||||
7 | apply to elementary and secondary schools, charter schools, | ||||||
8 | special charter districts, and school districts organized | ||||||
9 | under Article 34 of this Code. | ||||||
10 | (k) The expulsion of children enrolled in programs funded | ||||||
11 | under Section 1C-2 of this Code is subject to the requirements | ||||||
12 | under paragraph (7) of subsection (a) of Section 2-3.71 of | ||||||
13 | this Code. | ||||||
14 | (l) Beginning with the 2018-2019 school year, an in-school | ||||||
15 | suspension program provided by a school district for any | ||||||
16 | students in kindergarten through grade 12 may focus on | ||||||
17 | promoting non-violent conflict resolution and positive | ||||||
18 | interaction with other students and school personnel. A school | ||||||
19 | district may employ a school social worker or a licensed | ||||||
20 | mental health professional to oversee an in-school suspension | ||||||
21 | program in kindergarten through grade 12. | ||||||
22 | (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; | ||||||
23 | 102-539, eff. 8-20-21; revised 9-23-21.)
| ||||||
24 | (105 ILCS 5/10-22.39)
| ||||||
25 | (Text of Section before amendment by P.A. 102-638 ) |
| |||||||
| |||||||
1 | Sec. 10-22.39. In-service training programs. | ||||||
2 | (a) To conduct in-service training programs for teachers. | ||||||
3 | (b) In addition to
other topics at in-service training
| ||||||
4 | programs, at least once every 2 years, licensed school | ||||||
5 | personnel and administrators who work with pupils in | ||||||
6 | kindergarten through grade 12 shall be
trained to identify the | ||||||
7 | warning signs of mental illness and suicidal behavior in youth | ||||||
8 | and shall be taught appropriate intervention and referral | ||||||
9 | techniques. A school district may utilize the Illinois Mental | ||||||
10 | Health First Aid training program, established under the | ||||||
11 | Illinois Mental Health First Aid Training Act and administered | ||||||
12 | by certified instructors trained by a national association | ||||||
13 | recognized as an authority in behavioral health, to provide | ||||||
14 | the training and meet the requirements under this subsection. | ||||||
15 | If licensed school personnel or an administrator obtains | ||||||
16 | mental health first aid training outside of an in-service | ||||||
17 | training program, he or she may present a certificate of | ||||||
18 | successful completion of the training to the school district | ||||||
19 | to satisfy the requirements of this subsection.
| ||||||
20 | (c) School counselors, nurses, teachers and other school | ||||||
21 | personnel
who work with pupils may be trained to have a basic | ||||||
22 | knowledge of matters
relating to acquired immunodeficiency | ||||||
23 | syndrome (AIDS), including the nature
of the disease, its | ||||||
24 | causes and effects, the means of detecting it and
preventing | ||||||
25 | its transmission, and the availability of appropriate sources | ||||||
26 | of
counseling and referral, and any other information that may |
| |||||||
| |||||||
1 | be appropriate
considering the age and grade level of such | ||||||
2 | pupils. The School Board shall
supervise such training. The | ||||||
3 | State Board of Education and the Department
of Public Health | ||||||
4 | shall jointly develop standards for such training.
| ||||||
5 | (d) In this subsection (d): | ||||||
6 | "Domestic violence" means abuse by a family or household | ||||||
7 | member, as "abuse" and "family or household members" are | ||||||
8 | defined in Section 103 of the Illinois Domestic Violence Act | ||||||
9 | of 1986. | ||||||
10 | "Sexual violence" means sexual assault, abuse, or stalking | ||||||
11 | of an adult or minor child proscribed in the Criminal Code of | ||||||
12 | 1961 or the Criminal Code of 2012 in Sections 11-1.20, | ||||||
13 | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5, | ||||||
14 | 12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including | ||||||
15 | sexual violence committed by perpetrators who are strangers to | ||||||
16 | the victim and sexual violence committed by perpetrators who | ||||||
17 | are known or related by blood or marriage to the victim. | ||||||
18 | At least once every 2 years, an in-service training | ||||||
19 | program for school personnel who work with pupils, including, | ||||||
20 | but not limited to, school and school district administrators, | ||||||
21 | teachers, school social workers, school counselors, school | ||||||
22 | psychologists, and school nurses, must be conducted by persons | ||||||
23 | with expertise in domestic and sexual violence and the needs | ||||||
24 | of expectant and parenting youth and shall include training | ||||||
25 | concerning (i) communicating with and listening to youth | ||||||
26 | victims of domestic or sexual violence and expectant and |
| |||||||
| |||||||
1 | parenting youth, (ii) connecting youth victims of domestic or | ||||||
2 | sexual violence and expectant and parenting youth to | ||||||
3 | appropriate in-school services and other agencies, programs, | ||||||
4 | and services as needed, and (iii) implementing the school | ||||||
5 | district's policies, procedures, and protocols with regard to | ||||||
6 | such youth, including confidentiality. At a minimum, school | ||||||
7 | personnel must be trained to understand, provide information | ||||||
8 | and referrals, and address issues pertaining to youth who are | ||||||
9 | parents, expectant parents, or victims of domestic or sexual | ||||||
10 | violence.
| ||||||
11 | (e) At least every 2 years, an in-service training program | ||||||
12 | for school personnel who work with pupils must be conducted by | ||||||
13 | persons with expertise in anaphylactic reactions and | ||||||
14 | management.
| ||||||
15 | (f) At least once every 2 years, a school board shall | ||||||
16 | conduct in-service training on educator ethics, | ||||||
17 | teacher-student conduct, and school employee-student conduct | ||||||
18 | for all personnel. | ||||||
19 | (Source: P.A. 101-350, eff. 1-1-20; 102-197, eff. 7-30-21.) | ||||||
20 | (Text of Section after amendment by P.A. 102-638 )
| ||||||
21 | Sec. 10-22.39. In-service training programs. | ||||||
22 | (a) To conduct in-service training programs for teachers. | ||||||
23 | (b) In addition to
other topics at in-service training
| ||||||
24 | programs, at least once every 2 years, licensed school | ||||||
25 | personnel and administrators who work with pupils in |
| |||||||
| |||||||
1 | kindergarten through grade 12 shall be
trained to identify the | ||||||
2 | warning signs of mental illness, trauma, and suicidal behavior | ||||||
3 | in youth and shall be taught appropriate intervention and | ||||||
4 | referral techniques. A school district may utilize the | ||||||
5 | Illinois Mental Health First Aid training program, established | ||||||
6 | under the Illinois Mental Health First Aid Training Act and | ||||||
7 | administered by certified instructors trained by a national | ||||||
8 | association recognized as an authority in behavioral health, | ||||||
9 | to provide the training and meet the requirements under this | ||||||
10 | subsection. If licensed school personnel or an administrator | ||||||
11 | obtains mental health first aid training outside of an | ||||||
12 | in-service training program, he or she may present a | ||||||
13 | certificate of successful completion of the training to the | ||||||
14 | school district to satisfy the requirements of this | ||||||
15 | subsection.
| ||||||
16 | Training regarding the implementation of trauma-informed | ||||||
17 | practices satisfies the requirements
of this subsection (b). | ||||||
18 | A course of instruction as described in this subsection | ||||||
19 | (b) may provide information that is relevant to
and within the | ||||||
20 | scope of the duties of licensed school personnel or school | ||||||
21 | administrators. Such information may include,
but is not | ||||||
22 | limited to: | ||||||
23 | (1) the recognition of and care for trauma in students | ||||||
24 | and staff; | ||||||
25 | (2) the relationship between educator wellness and | ||||||
26 | student learning; |
| |||||||
| |||||||
1 | (3) the effect of trauma on student behavior and | ||||||
2 | learning; | ||||||
3 | (4) the prevalence of trauma among students, including | ||||||
4 | the prevalence of trauma among student
populations at | ||||||
5 | higher risk of experiencing trauma; | ||||||
6 | (5) the effects of implicit or explicit bias on | ||||||
7 | recognizing trauma among various student groups in | ||||||
8 | connection with race, ethnicity, gender identity, sexual | ||||||
9 | orientation, socio-economic status, and other relevant | ||||||
10 | factors; and | ||||||
11 | (6) effective district practices that are shown to: | ||||||
12 | (A) prevent and mitigate the negative effect of | ||||||
13 | trauma on student behavior and learning; and | ||||||
14 | (B) support the emotional wellness of staff. | ||||||
15 | (c) School counselors, nurses, teachers and other school | ||||||
16 | personnel
who work with pupils may be trained to have a basic | ||||||
17 | knowledge of matters
relating to acquired immunodeficiency | ||||||
18 | syndrome (AIDS), including the nature
of the disease, its | ||||||
19 | causes and effects, the means of detecting it and
preventing | ||||||
20 | its transmission, and the availability of appropriate sources | ||||||
21 | of
counseling and referral, and any other information that may | ||||||
22 | be appropriate
considering the age and grade level of such | ||||||
23 | pupils. The School Board shall
supervise such training. The | ||||||
24 | State Board of Education and the Department
of Public Health | ||||||
25 | shall jointly develop standards for such training.
| ||||||
26 | (d) In this subsection (d): |
| |||||||
| |||||||
1 | "Domestic violence" means abuse by a family or household | ||||||
2 | member, as "abuse" and "family or household members" are | ||||||
3 | defined in Section 103 of the Illinois Domestic Violence Act | ||||||
4 | of 1986. | ||||||
5 | "Sexual violence" means sexual assault, abuse, or stalking | ||||||
6 | of an adult or minor child proscribed in the Criminal Code of | ||||||
7 | 1961 or the Criminal Code of 2012 in Sections 11-1.20, | ||||||
8 | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5, | ||||||
9 | 12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including | ||||||
10 | sexual violence committed by perpetrators who are strangers to | ||||||
11 | the victim and sexual violence committed by perpetrators who | ||||||
12 | are known or related by blood or marriage to the victim. | ||||||
13 | At least once every 2 years, an in-service training | ||||||
14 | program for school personnel who work with pupils, including, | ||||||
15 | but not limited to, school and school district administrators, | ||||||
16 | teachers, school social workers, school counselors, school | ||||||
17 | psychologists, and school nurses, must be conducted by persons | ||||||
18 | with expertise in domestic and sexual violence and the needs | ||||||
19 | of expectant and parenting youth and shall include training | ||||||
20 | concerning (i) communicating with and listening to youth | ||||||
21 | victims of domestic or sexual violence and expectant and | ||||||
22 | parenting youth, (ii) connecting youth victims of domestic or | ||||||
23 | sexual violence and expectant and parenting youth to | ||||||
24 | appropriate in-school services and other agencies, programs, | ||||||
25 | and services as needed, and (iii) implementing the school | ||||||
26 | district's policies, procedures, and protocols with regard to |
| |||||||
| |||||||
1 | such youth, including confidentiality. At a minimum, school | ||||||
2 | personnel must be trained to understand, provide information | ||||||
3 | and referrals, and address issues pertaining to youth who are | ||||||
4 | parents, expectant parents, or victims of domestic or sexual | ||||||
5 | violence.
| ||||||
6 | (e) At least every 2 years, an in-service training program | ||||||
7 | for school personnel who work with pupils must be conducted by | ||||||
8 | persons with expertise in anaphylactic reactions and | ||||||
9 | management.
| ||||||
10 | (f) At least once every 2 years, a school board shall | ||||||
11 | conduct in-service training on educator ethics, | ||||||
12 | teacher-student conduct, and school employee-student conduct | ||||||
13 | for all personnel. | ||||||
14 | (Source: P.A. 101-350, eff. 1-1-20; 102-197, eff. 7-30-21; | ||||||
15 | 102-638, eff. 1-1-23; revised 10-15-21.)
| ||||||
16 | (105 ILCS 5/10-27.1A)
| ||||||
17 | Sec. 10-27.1A. Firearms in schools.
| ||||||
18 | (a) All school officials, including teachers, school | ||||||
19 | counselors, and
support staff, shall immediately notify the | ||||||
20 | office of the principal in the
event that they observe any | ||||||
21 | person in possession of a firearm on school
grounds; provided | ||||||
22 | that taking such immediate action to notify the office of the
| ||||||
23 | principal would not immediately endanger the health, safety, | ||||||
24 | or welfare of
students who are under the direct supervision of | ||||||
25 | the school official or the
school official. If the health, |
| |||||||
| |||||||
1 | safety, or welfare of students under the
direct supervision of | ||||||
2 | the school official or of the school official is
immediately | ||||||
3 | endangered, the school official shall notify the office of the
| ||||||
4 | principal as soon as the students under his or her supervision | ||||||
5 | and he or she
are no longer under immediate danger. A report is | ||||||
6 | not required by this Section
when the school official knows | ||||||
7 | that the person in possession of the firearm is
a law | ||||||
8 | enforcement official engaged in the conduct of his or her | ||||||
9 | official
duties. Any school official acting in good faith who | ||||||
10 | makes such a report under
this Section shall have immunity | ||||||
11 | from any civil or criminal liability that
might otherwise be | ||||||
12 | incurred as a result of making the report. The identity of
the | ||||||
13 | school official making such report shall not be disclosed | ||||||
14 | except as
expressly and specifically authorized by law. | ||||||
15 | Knowingly and willfully failing
to comply with this Section is | ||||||
16 | a petty offense. A second or subsequent offense
is a Class C | ||||||
17 | misdemeanor.
| ||||||
18 | (b) Upon receiving a report from any school official | ||||||
19 | pursuant to this
Section, or from any other person, the | ||||||
20 | principal or his or her designee shall
immediately notify a | ||||||
21 | local law enforcement agency. If the person found to be
in | ||||||
22 | possession of a firearm on school grounds is a student, the | ||||||
23 | principal or
his or her designee shall also immediately notify | ||||||
24 | that student's parent or
guardian. Any principal or his or her | ||||||
25 | designee acting in good faith who makes
such reports under | ||||||
26 | this Section shall have immunity from any civil or criminal
|
| |||||||
| |||||||
1 | liability that might otherwise be incurred or imposed as a | ||||||
2 | result of making
the reports. Knowingly and willfully failing | ||||||
3 | to comply with this Section is a
petty offense. A second or | ||||||
4 | subsequent offense is a Class C misdemeanor. If
the person | ||||||
5 | found to be in possession of the firearm on school grounds is a
| ||||||
6 | minor, the law enforcement agency shall detain that minor | ||||||
7 | until such time as
the agency makes a determination pursuant | ||||||
8 | to clause (a) of subsection (1) of
Section 5-401 of the | ||||||
9 | Juvenile Court Act of 1987, as to whether the agency
| ||||||
10 | reasonably believes that the minor is delinquent. If the law | ||||||
11 | enforcement
agency determines that probable cause exists to | ||||||
12 | believe that the minor
committed a violation of item (4) of | ||||||
13 | subsection (a) of Section 24-1 of the
Criminal Code of 2012 | ||||||
14 | while on school grounds, the agency shall detain the
minor for | ||||||
15 | processing pursuant to Section 5-407 of the Juvenile Court Act | ||||||
16 | of
1987.
| ||||||
17 | (c) On or after January 1, 1997, upon receipt of any | ||||||
18 | written,
electronic, or verbal report from any school | ||||||
19 | personnel regarding a verified
incident involving a firearm in | ||||||
20 | a school or on school owned or leased property,
including any | ||||||
21 | conveyance owned,
leased, or used by the school for the | ||||||
22 | transport of students or school
personnel, the superintendent | ||||||
23 | or his or her designee shall report all such
firearm-related | ||||||
24 | incidents occurring in a school or on school property to the
| ||||||
25 | local law enforcement authorities immediately and to the | ||||||
26 | Illinois State Police in a form, manner, and frequency as |
| |||||||
| |||||||
1 | prescribed by the Illinois State Police.
| ||||||
2 | The State Board of Education shall receive an annual | ||||||
3 | statistical compilation
and related data associated with | ||||||
4 | incidents involving firearms in schools from
the Illinois | ||||||
5 | State Police. The State Board of Education shall compile
this | ||||||
6 | information by school district and make it available to the | ||||||
7 | public.
| ||||||
8 | (d) As used in this Section, the term "firearm" shall have | ||||||
9 | the meaning
ascribed to it in Section 1.1 of the Firearm Owners | ||||||
10 | Identification Card Act.
| ||||||
11 | As used in this Section, the term "school" means any | ||||||
12 | public or private
elementary or secondary school.
| ||||||
13 | As used in this Section, the term "school grounds" | ||||||
14 | includes the real property
comprising any school, any | ||||||
15 | conveyance owned, leased, or contracted by a school
to | ||||||
16 | transport students to or from school or a school-related | ||||||
17 | activity, or any
public way within 1,000 feet of the real | ||||||
18 | property comprising any school.
| ||||||
19 | (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; | ||||||
20 | revised 10-6-21.)
| ||||||
21 | (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
| ||||||
22 | (Text of Section before amendment by P.A. 102-199 ) | ||||||
23 | Sec. 14-8.02. Identification, evaluation, and placement of | ||||||
24 | children.
| ||||||
25 | (a) The State Board of Education shall make rules under |
| |||||||
| |||||||
1 | which local school
boards shall determine the eligibility of | ||||||
2 | children to receive special
education. Such rules shall ensure | ||||||
3 | that a free appropriate public
education be available to all | ||||||
4 | children with disabilities as
defined in
Section 14-1.02. The | ||||||
5 | State Board of Education shall require local school
districts | ||||||
6 | to administer non-discriminatory procedures or tests to
| ||||||
7 | English learners coming from homes in which a language
other | ||||||
8 | than English is used to determine their eligibility to receive | ||||||
9 | special
education. The placement of low English proficiency | ||||||
10 | students in special
education programs and facilities shall be | ||||||
11 | made in accordance with the test
results reflecting the | ||||||
12 | student's linguistic, cultural and special education
needs. | ||||||
13 | For purposes of determining the eligibility of children the | ||||||
14 | State
Board of Education shall include in the rules | ||||||
15 | definitions of "case study",
"staff conference", | ||||||
16 | "individualized educational program", and "qualified
| ||||||
17 | specialist" appropriate to each category of children with
| ||||||
18 | disabilities as defined in
this Article. For purposes of | ||||||
19 | determining the eligibility of children from
homes in which a | ||||||
20 | language other than English is used, the State Board of
| ||||||
21 | Education shall include in the rules
definitions for | ||||||
22 | "qualified bilingual specialists" and "linguistically and
| ||||||
23 | culturally appropriate individualized educational programs". | ||||||
24 | For purposes of this
Section, as well as Sections 14-8.02a, | ||||||
25 | 14-8.02b, and 14-8.02c of this Code,
"parent" means a parent | ||||||
26 | as defined in the federal Individuals with Disabilities |
| |||||||
| |||||||
1 | Education Act (20 U.S.C. 1401(23)).
| ||||||
2 | (b) No child shall be eligible for special education | ||||||
3 | facilities except
with a carefully completed case study fully | ||||||
4 | reviewed by professional
personnel in a multidisciplinary | ||||||
5 | staff conference and only upon the
recommendation of qualified | ||||||
6 | specialists or a qualified bilingual specialist, if
available. | ||||||
7 | At the conclusion of the multidisciplinary staff conference, | ||||||
8 | the
parent of the child shall be given a copy of the | ||||||
9 | multidisciplinary
conference summary report and | ||||||
10 | recommendations, which includes options
considered, and be | ||||||
11 | informed of his or her right to obtain an independent | ||||||
12 | educational
evaluation if he or she disagrees with the | ||||||
13 | evaluation findings conducted or obtained
by the school | ||||||
14 | district. If the school district's evaluation is shown to be
| ||||||
15 | inappropriate, the school district shall reimburse the parent | ||||||
16 | for the cost of
the independent evaluation. The State Board of | ||||||
17 | Education shall, with advice
from the State Advisory Council | ||||||
18 | on Education of Children with
Disabilities on the
inclusion of | ||||||
19 | specific independent educational evaluators, prepare a list of
| ||||||
20 | suggested independent educational evaluators. The State Board | ||||||
21 | of Education
shall include on the list clinical psychologists | ||||||
22 | licensed pursuant to the
Clinical Psychologist Licensing Act. | ||||||
23 | Such psychologists shall not be paid fees
in excess of the | ||||||
24 | amount that would be received by a school psychologist for
| ||||||
25 | performing the same services. The State Board of Education | ||||||
26 | shall supply school
districts with such list and make the list |
| |||||||
| |||||||
1 | available to parents at their
request. School districts shall | ||||||
2 | make the list available to parents at the time
they are | ||||||
3 | informed of their right to obtain an independent educational
| ||||||
4 | evaluation. However, the school district may initiate an | ||||||
5 | impartial
due process hearing under this Section within 5 days | ||||||
6 | of any written parent
request for an independent educational | ||||||
7 | evaluation to show that
its evaluation is appropriate. If the | ||||||
8 | final decision is that the evaluation
is appropriate, the | ||||||
9 | parent still has a right to an independent educational
| ||||||
10 | evaluation, but not at public expense. An independent | ||||||
11 | educational
evaluation at public expense must be completed | ||||||
12 | within 30 days of a parent
written request unless the school | ||||||
13 | district initiates an
impartial due process hearing or the | ||||||
14 | parent or school district
offers reasonable grounds to show | ||||||
15 | that such 30-day time period should be
extended. If the due | ||||||
16 | process hearing decision indicates that the parent is entitled | ||||||
17 | to an independent educational evaluation, it must be
completed | ||||||
18 | within 30 days of the decision unless the parent or
the school | ||||||
19 | district offers reasonable grounds to show that such 30-day
| ||||||
20 | period should be extended. If a parent disagrees with the | ||||||
21 | summary report or
recommendations of the multidisciplinary | ||||||
22 | conference or the findings of any
educational evaluation which | ||||||
23 | results therefrom, the school
district shall not proceed with | ||||||
24 | a placement based upon such evaluation and
the child shall | ||||||
25 | remain in his or her regular classroom setting.
No child shall | ||||||
26 | be eligible for admission to a
special class for children with |
| |||||||
| |||||||
1 | a mental disability who are educable or for children with a | ||||||
2 | mental disability who are trainable except with a | ||||||
3 | psychological evaluation
and
recommendation by a school | ||||||
4 | psychologist. Consent shall be obtained from
the parent of a | ||||||
5 | child before any evaluation is conducted.
If consent is not | ||||||
6 | given by the parent or if the parent disagrees with the | ||||||
7 | findings of the evaluation, then the school
district may | ||||||
8 | initiate an impartial due process hearing under this Section.
| ||||||
9 | The school district may evaluate the child if that is the | ||||||
10 | decision
resulting from the impartial due process hearing and | ||||||
11 | the decision is not
appealed or if the decision is affirmed on | ||||||
12 | appeal.
The determination of eligibility shall be made and the | ||||||
13 | IEP meeting shall be completed within 60 school days
from the | ||||||
14 | date of written parental consent. In those instances when | ||||||
15 | written parental consent is obtained with fewer than 60 pupil | ||||||
16 | attendance days left in the school year,
the eligibility | ||||||
17 | determination shall be made and the IEP meeting shall be | ||||||
18 | completed prior to the first day of the
following school year. | ||||||
19 | Special education and related services must be provided in | ||||||
20 | accordance with the student's IEP no later than 10 school | ||||||
21 | attendance days after notice is provided to the parents | ||||||
22 | pursuant to Section 300.503 of Title 34 of the Code of Federal | ||||||
23 | Regulations and implementing rules adopted by the State Board | ||||||
24 | of Education. The appropriate
program pursuant to the | ||||||
25 | individualized educational program of students
whose native | ||||||
26 | tongue is a language other than English shall reflect the
|
| |||||||
| |||||||
1 | special education, cultural and linguistic needs. No later | ||||||
2 | than September
1, 1993, the State Board of Education shall | ||||||
3 | establish standards for the
development, implementation and | ||||||
4 | monitoring of appropriate bilingual special
individualized | ||||||
5 | educational programs. The State Board of Education shall
| ||||||
6 | further incorporate appropriate monitoring procedures to | ||||||
7 | verify implementation
of these standards. The district shall | ||||||
8 | indicate to the parent and
the State Board of Education the | ||||||
9 | nature of the services the child will receive
for the regular | ||||||
10 | school term while awaiting waiting placement in the | ||||||
11 | appropriate special
education class. At the child's initial | ||||||
12 | IEP meeting and at each annual review meeting, the child's IEP | ||||||
13 | team shall provide the child's parent or guardian with a | ||||||
14 | written notification that informs the parent or guardian that | ||||||
15 | the IEP team is required to consider whether the child | ||||||
16 | requires assistive technology in order to receive free, | ||||||
17 | appropriate public education. The notification must also | ||||||
18 | include a toll-free telephone number and internet address for | ||||||
19 | the State's assistive technology program.
| ||||||
20 | If the child is deaf, hard of hearing, blind, or visually | ||||||
21 | impaired or has an orthopedic impairment or physical | ||||||
22 | disability and
he or she might be eligible to receive services | ||||||
23 | from the Illinois School for
the Deaf, the Illinois School for | ||||||
24 | the Visually Impaired, or the Illinois Center for | ||||||
25 | Rehabilitation and Education-Roosevelt, the school
district | ||||||
26 | shall notify the parents, in writing, of the existence of
|
| |||||||
| |||||||
1 | these schools
and the services
they provide and shall make a | ||||||
2 | reasonable effort to inform the parents of the existence of | ||||||
3 | other, local schools that provide similar services and the | ||||||
4 | services that these other schools provide. This notification
| ||||||
5 | shall
include without limitation information on school | ||||||
6 | services, school
admissions criteria, and school contact | ||||||
7 | information.
| ||||||
8 | In the development of the individualized education program | ||||||
9 | for a student who has a disability on the autism spectrum | ||||||
10 | (which includes autistic disorder, Asperger's disorder, | ||||||
11 | pervasive developmental disorder not otherwise specified, | ||||||
12 | childhood disintegrative disorder, and Rett Syndrome, as | ||||||
13 | defined in the Diagnostic and Statistical Manual of Mental | ||||||
14 | Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall | ||||||
15 | consider all of the following factors: | ||||||
16 | (1) The verbal and nonverbal communication needs of | ||||||
17 | the child. | ||||||
18 | (2) The need to develop social interaction skills and | ||||||
19 | proficiencies. | ||||||
20 | (3) The needs resulting from the child's unusual | ||||||
21 | responses to sensory experiences. | ||||||
22 | (4) The needs resulting from resistance to | ||||||
23 | environmental change or change in daily routines. | ||||||
24 | (5) The needs resulting from engagement in repetitive | ||||||
25 | activities and stereotyped movements. | ||||||
26 | (6) The need for any positive behavioral |
| |||||||
| |||||||
1 | interventions, strategies, and supports to address any | ||||||
2 | behavioral difficulties resulting from autism spectrum | ||||||
3 | disorder. | ||||||
4 | (7) Other needs resulting from the child's disability | ||||||
5 | that impact progress in the general curriculum, including | ||||||
6 | social and emotional development. | ||||||
7 | Public Act 95-257
does not create any new entitlement to a | ||||||
8 | service, program, or benefit, but must not affect any | ||||||
9 | entitlement to a service, program, or benefit created by any | ||||||
10 | other law.
| ||||||
11 | If the student may be eligible to participate in the | ||||||
12 | Home-Based Support
Services Program for Adults with Mental | ||||||
13 | Disabilities authorized under the
Developmental Disability and | ||||||
14 | Mental Disability Services Act upon becoming an
adult, the | ||||||
15 | student's individualized education program shall include plans | ||||||
16 | for
(i) determining the student's eligibility for those | ||||||
17 | home-based services, (ii)
enrolling the student in the program | ||||||
18 | of home-based services, and (iii)
developing a plan for the | ||||||
19 | student's most effective use of the home-based
services after | ||||||
20 | the student becomes an adult and no longer receives special
| ||||||
21 | educational services under this Article. The plans developed | ||||||
22 | under this
paragraph shall include specific actions to be | ||||||
23 | taken by specified individuals,
agencies, or officials.
| ||||||
24 | (c) In the development of the individualized education | ||||||
25 | program for a
student who is functionally blind, it shall be | ||||||
26 | presumed that proficiency in
Braille reading and writing is |
| |||||||
| |||||||
1 | essential for the student's satisfactory
educational progress. | ||||||
2 | For purposes of this subsection, the State Board of
Education | ||||||
3 | shall determine the criteria for a student to be classified as
| ||||||
4 | functionally blind. Students who are not currently identified | ||||||
5 | as
functionally blind who are also entitled to Braille | ||||||
6 | instruction include:
(i) those whose vision loss is so severe | ||||||
7 | that they are unable to read and
write at a level comparable to | ||||||
8 | their peers solely through the use of
vision, and (ii) those | ||||||
9 | who show evidence of progressive vision loss that
may result | ||||||
10 | in functional blindness. Each student who is functionally | ||||||
11 | blind
shall be entitled to Braille reading and writing | ||||||
12 | instruction that is
sufficient to enable the student to | ||||||
13 | communicate with the same level of
proficiency as other | ||||||
14 | students of comparable ability. Instruction should be
provided | ||||||
15 | to the extent that the student is physically and cognitively | ||||||
16 | able
to use Braille. Braille instruction may be used in | ||||||
17 | combination with other
special education services appropriate | ||||||
18 | to the student's educational needs.
The assessment of each | ||||||
19 | student who is functionally blind for the purpose of
| ||||||
20 | developing the student's individualized education program | ||||||
21 | shall include
documentation of the student's strengths and | ||||||
22 | weaknesses in Braille skills.
Each person assisting in the | ||||||
23 | development of the individualized education
program for a | ||||||
24 | student who is functionally blind shall receive information
| ||||||
25 | describing the benefits of Braille instruction. The | ||||||
26 | individualized
education program for each student who is |
| |||||||
| |||||||
1 | functionally blind shall
specify the appropriate learning | ||||||
2 | medium or media based on the assessment
report.
| ||||||
3 | (d) To the maximum extent appropriate, the placement shall | ||||||
4 | provide the
child with the opportunity to be educated with | ||||||
5 | children who do not have a disability; provided that children | ||||||
6 | with
disabilities who are recommended to be
placed into | ||||||
7 | regular education classrooms are provided with supplementary
| ||||||
8 | services to assist the children with disabilities to benefit
| ||||||
9 | from the regular
classroom instruction and are included on the | ||||||
10 | teacher's regular education class
register. Subject to the | ||||||
11 | limitation of the preceding sentence, placement in
special | ||||||
12 | classes, separate schools or other removal of the child with a | ||||||
13 | disability
from the regular educational environment shall | ||||||
14 | occur only when the nature of
the severity of the disability is | ||||||
15 | such that education in the
regular classes with
the use of | ||||||
16 | supplementary aids and services cannot be achieved | ||||||
17 | satisfactorily.
The placement of English learners with | ||||||
18 | disabilities shall
be in non-restrictive environments which | ||||||
19 | provide for integration with
peers who do not have | ||||||
20 | disabilities in bilingual classrooms. Annually, each January, | ||||||
21 | school districts shall report data on students from | ||||||
22 | non-English
speaking backgrounds receiving special education | ||||||
23 | and related services in
public and private facilities as | ||||||
24 | prescribed in Section 2-3.30. If there
is a disagreement | ||||||
25 | between parties involved regarding the special education
| ||||||
26 | placement of any child, either in-state or out-of-state, the |
| |||||||
| |||||||
1 | placement is
subject to impartial due process procedures | ||||||
2 | described in Article 10 of the
Rules and Regulations to Govern | ||||||
3 | the Administration and Operation of Special
Education.
| ||||||
4 | (e) No child who comes from a home in which a language | ||||||
5 | other than English
is the principal language used may be | ||||||
6 | assigned to any class or program
under this Article until he | ||||||
7 | has been given, in the principal language
used by the child and | ||||||
8 | used in his home, tests reasonably related to his
cultural | ||||||
9 | environment. All testing and evaluation materials and | ||||||
10 | procedures
utilized for evaluation and placement shall not be | ||||||
11 | linguistically, racially or
culturally discriminatory.
| ||||||
12 | (f) Nothing in this Article shall be construed to require | ||||||
13 | any child to
undergo any physical examination or medical | ||||||
14 | treatment whose parents object thereto on the grounds that | ||||||
15 | such examination or
treatment conflicts with his religious | ||||||
16 | beliefs.
| ||||||
17 | (g) School boards or their designee shall provide to the | ||||||
18 | parents of a child prior written notice of any decision (a) | ||||||
19 | proposing
to initiate or change, or (b) refusing to initiate | ||||||
20 | or change, the
identification, evaluation, or educational | ||||||
21 | placement of the child or the
provision of a free appropriate | ||||||
22 | public education to their child, and the
reasons therefor. | ||||||
23 | Such written notification shall also inform the
parent of the | ||||||
24 | opportunity to present complaints with respect
to any matter | ||||||
25 | relating to the educational placement of the student, or
the | ||||||
26 | provision of a free appropriate public education and to have |
| |||||||
| |||||||
1 | an
impartial due process hearing on the complaint. The notice | ||||||
2 | shall inform
the parents in the parents' native language,
| ||||||
3 | unless it is clearly not feasible to do so, of their rights and | ||||||
4 | all
procedures available pursuant to this Act and the federal | ||||||
5 | Individuals with Disabilities Education Improvement Act of | ||||||
6 | 2004 (Public Law 108-446); it
shall be the responsibility of | ||||||
7 | the State Superintendent to develop
uniform notices setting | ||||||
8 | forth the procedures available under this Act
and the federal | ||||||
9 | Individuals with Disabilities Education Improvement Act of | ||||||
10 | 2004 (Public Law 108-446) to be used by all school boards. The | ||||||
11 | notice
shall also inform the parents of the availability upon
| ||||||
12 | request of a list of free or low-cost legal and other relevant | ||||||
13 | services
available locally to assist parents in initiating an
| ||||||
14 | impartial due process hearing. The State Superintendent shall | ||||||
15 | revise the uniform notices required by this subsection (g) to | ||||||
16 | reflect current law and procedures at least once every 2 | ||||||
17 | years. Any parent who is deaf, or
does not normally | ||||||
18 | communicate using spoken English, who participates in
a | ||||||
19 | meeting with a representative of a local educational agency | ||||||
20 | for the
purposes of developing an individualized educational | ||||||
21 | program shall be
entitled to the services of an interpreter. | ||||||
22 | The State Board of Education must adopt rules to establish the | ||||||
23 | criteria, standards, and competencies for a bilingual language | ||||||
24 | interpreter who attends an individualized education program | ||||||
25 | meeting under this subsection to assist a parent who has | ||||||
26 | limited English proficiency.
|
| |||||||
| |||||||
1 | (g-5) For purposes of this subsection (g-5), "qualified | ||||||
2 | professional" means an individual who holds credentials to | ||||||
3 | evaluate the child in the domain or domains for which an | ||||||
4 | evaluation is sought or an intern working under the direct | ||||||
5 | supervision of a qualified professional, including a master's | ||||||
6 | or doctoral degree candidate. | ||||||
7 | To ensure that a parent can participate fully and | ||||||
8 | effectively with school personnel in the development of | ||||||
9 | appropriate educational and related services for his or her | ||||||
10 | child, the parent, an independent educational evaluator, or a | ||||||
11 | qualified professional retained by or on behalf of a parent or | ||||||
12 | child must be afforded reasonable access to educational | ||||||
13 | facilities, personnel, classrooms, and buildings and to the | ||||||
14 | child as provided in this subsection (g-5). The requirements | ||||||
15 | of this subsection (g-5) apply to any public school facility, | ||||||
16 | building, or program and to any facility, building, or program | ||||||
17 | supported in whole or in part by public funds. Prior to | ||||||
18 | visiting a school, school building, or school facility, the | ||||||
19 | parent, independent educational evaluator, or qualified | ||||||
20 | professional may be required by the school district to inform | ||||||
21 | the building principal or supervisor in writing of the | ||||||
22 | proposed visit, the purpose of the visit, and the approximate | ||||||
23 | duration of the visit. The visitor and the school district | ||||||
24 | shall arrange the visit or visits at times that are mutually | ||||||
25 | agreeable. Visitors shall comply with school safety, security, | ||||||
26 | and visitation policies at all times. School district |
| |||||||
| |||||||
1 | visitation policies must not conflict with this subsection | ||||||
2 | (g-5). Visitors shall be required to comply with the | ||||||
3 | requirements of applicable privacy laws, including those laws | ||||||
4 | protecting the confidentiality of education records such as | ||||||
5 | the federal Family Educational Rights and Privacy Act and the | ||||||
6 | Illinois School Student Records Act. The visitor shall not | ||||||
7 | disrupt the educational process. | ||||||
8 | (1) A parent must be afforded reasonable access of | ||||||
9 | sufficient duration and scope for the purpose of observing | ||||||
10 | his or her child in the child's current educational | ||||||
11 | placement, services, or program or for the purpose of | ||||||
12 | visiting an educational placement or program proposed for | ||||||
13 | the child. | ||||||
14 | (2) An independent educational evaluator or a | ||||||
15 | qualified professional retained by or on behalf of a | ||||||
16 | parent or child must be afforded reasonable access of | ||||||
17 | sufficient duration and scope for the purpose of | ||||||
18 | conducting an evaluation of the child, the child's | ||||||
19 | performance, the child's current educational program, | ||||||
20 | placement, services, or environment, or any educational | ||||||
21 | program, placement, services, or environment proposed for | ||||||
22 | the child, including interviews of educational personnel, | ||||||
23 | child observations, assessments, tests or assessments of | ||||||
24 | the child's educational program, services, or placement or | ||||||
25 | of any proposed educational program, services, or | ||||||
26 | placement. If one or more interviews of school personnel |
| |||||||
| |||||||
1 | are part of the evaluation, the interviews must be | ||||||
2 | conducted at a mutually agreed upon time, date, and place | ||||||
3 | that do not interfere with the school employee's school | ||||||
4 | duties. The school district may limit interviews to | ||||||
5 | personnel having information relevant to the child's | ||||||
6 | current educational services, program, or placement or to | ||||||
7 | a proposed educational service, program, or placement.
| ||||||
8 | (Source: P.A. 101-124, eff. 1-1-20; 102-264, eff. 8-6-21; | ||||||
9 | 102-558, eff. 8-20-21.) | ||||||
10 | (Text of Section after amendment by P.A. 102-199 )
| ||||||
11 | Sec. 14-8.02. Identification, evaluation, and placement of | ||||||
12 | children.
| ||||||
13 | (a) The State Board of Education shall make rules under | ||||||
14 | which local school
boards shall determine the eligibility of | ||||||
15 | children to receive special
education. Such rules shall ensure | ||||||
16 | that a free appropriate public
education be available to all | ||||||
17 | children with disabilities as
defined in
Section 14-1.02. The | ||||||
18 | State Board of Education shall require local school
districts | ||||||
19 | to administer non-discriminatory procedures or tests to
| ||||||
20 | English learners coming from homes in which a language
other | ||||||
21 | than English is used to determine their eligibility to receive | ||||||
22 | special
education. The placement of low English proficiency | ||||||
23 | students in special
education programs and facilities shall be | ||||||
24 | made in accordance with the test
results reflecting the | ||||||
25 | student's linguistic, cultural and special education
needs. |
| |||||||
| |||||||
1 | For purposes of determining the eligibility of children the | ||||||
2 | State
Board of Education shall include in the rules | ||||||
3 | definitions of "case study",
"staff conference", | ||||||
4 | "individualized educational program", and "qualified
| ||||||
5 | specialist" appropriate to each category of children with
| ||||||
6 | disabilities as defined in
this Article. For purposes of | ||||||
7 | determining the eligibility of children from
homes in which a | ||||||
8 | language other than English is used, the State Board of
| ||||||
9 | Education shall include in the rules
definitions for | ||||||
10 | "qualified bilingual specialists" and "linguistically and
| ||||||
11 | culturally appropriate individualized educational programs". | ||||||
12 | For purposes of this
Section, as well as Sections 14-8.02a, | ||||||
13 | 14-8.02b, and 14-8.02c of this Code,
"parent" means a parent | ||||||
14 | as defined in the federal Individuals with Disabilities | ||||||
15 | Education Act (20 U.S.C. 1401(23)).
| ||||||
16 | (b) No child shall be eligible for special education | ||||||
17 | facilities except
with a carefully completed case study fully | ||||||
18 | reviewed by professional
personnel in a multidisciplinary | ||||||
19 | staff conference and only upon the
recommendation of qualified | ||||||
20 | specialists or a qualified bilingual specialist, if
available. | ||||||
21 | At the conclusion of the multidisciplinary staff conference, | ||||||
22 | the
parent of the child and, if the child is in the legal | ||||||
23 | custody of the Department of Children and Family Services, the | ||||||
24 | Department's Office of Education and Transition Services shall | ||||||
25 | be given a copy of the multidisciplinary
conference summary | ||||||
26 | report and recommendations, which includes options
considered, |
| |||||||
| |||||||
1 | and, in the case of the parent, be informed of his or her right | ||||||
2 | to obtain an independent educational
evaluation if he or she | ||||||
3 | disagrees with the evaluation findings conducted or obtained
| ||||||
4 | by the school district. If the school district's evaluation is | ||||||
5 | shown to be
inappropriate, the school district shall reimburse | ||||||
6 | the parent for the cost of
the independent evaluation. The | ||||||
7 | State Board of Education shall, with advice
from the State | ||||||
8 | Advisory Council on Education of Children with
Disabilities on | ||||||
9 | the
inclusion of specific independent educational evaluators, | ||||||
10 | prepare a list of
suggested independent educational | ||||||
11 | evaluators. The State Board of Education
shall include on the | ||||||
12 | list clinical psychologists licensed pursuant to the
Clinical | ||||||
13 | Psychologist Licensing Act. Such psychologists shall not be | ||||||
14 | paid fees
in excess of the amount that would be received by a | ||||||
15 | school psychologist for
performing the same services. The | ||||||
16 | State Board of Education shall supply school
districts with | ||||||
17 | such list and make the list available to parents at their
| ||||||
18 | request. School districts shall make the list available to | ||||||
19 | parents at the time
they are informed of their right to obtain | ||||||
20 | an independent educational
evaluation. However, the school | ||||||
21 | district may initiate an impartial
due process hearing under | ||||||
22 | this Section within 5 days of any written parent
request for an | ||||||
23 | independent educational evaluation to show that
its evaluation | ||||||
24 | is appropriate. If the final decision is that the evaluation
| ||||||
25 | is appropriate, the parent still has a right to an independent | ||||||
26 | educational
evaluation, but not at public expense. An |
| |||||||
| |||||||
1 | independent educational
evaluation at public expense must be | ||||||
2 | completed within 30 days of a parent
written request unless | ||||||
3 | the school district initiates an
impartial due process hearing | ||||||
4 | or the parent or school district
offers reasonable grounds to | ||||||
5 | show that such 30-day time period should be
extended. If the | ||||||
6 | due process hearing decision indicates that the parent is | ||||||
7 | entitled to an independent educational evaluation, it must be
| ||||||
8 | completed within 30 days of the decision unless the parent or
| ||||||
9 | the school district offers reasonable grounds to show that | ||||||
10 | such 30-day
period should be extended. If a parent disagrees | ||||||
11 | with the summary report or
recommendations of the | ||||||
12 | multidisciplinary conference or the findings of any
| ||||||
13 | educational evaluation which results therefrom, the school
| ||||||
14 | district shall not proceed with a placement based upon such | ||||||
15 | evaluation and
the child shall remain in his or her regular | ||||||
16 | classroom setting.
No child shall be eligible for admission to | ||||||
17 | a
special class for children with a mental disability who are | ||||||
18 | educable or for children with a mental disability who are | ||||||
19 | trainable except with a psychological evaluation
and
| ||||||
20 | recommendation by a school psychologist. Consent shall be | ||||||
21 | obtained from
the parent of a child before any evaluation is | ||||||
22 | conducted.
If consent is not given by the parent or if the | ||||||
23 | parent disagrees with the findings of the evaluation, then the | ||||||
24 | school
district may initiate an impartial due process hearing | ||||||
25 | under this Section.
The school district may evaluate the child | ||||||
26 | if that is the decision
resulting from the impartial due |
| |||||||
| |||||||
1 | process hearing and the decision is not
appealed or if the | ||||||
2 | decision is affirmed on appeal.
The determination of | ||||||
3 | eligibility shall be made and the IEP meeting shall be | ||||||
4 | completed within 60 school days
from the date of written | ||||||
5 | parental consent. In those instances when written parental | ||||||
6 | consent is obtained with fewer than 60 pupil attendance days | ||||||
7 | left in the school year,
the eligibility determination shall | ||||||
8 | be made and the IEP meeting shall be completed prior to the | ||||||
9 | first day of the
following school year. Special education and | ||||||
10 | related services must be provided in accordance with the | ||||||
11 | student's IEP no later than 10 school attendance days after | ||||||
12 | notice is provided to the parents pursuant to Section 300.503 | ||||||
13 | of Title 34 of the Code of Federal Regulations and | ||||||
14 | implementing rules adopted by the State Board of Education. | ||||||
15 | The appropriate
program pursuant to the individualized | ||||||
16 | educational program of students
whose native tongue is a | ||||||
17 | language other than English shall reflect the
special | ||||||
18 | education, cultural and linguistic needs. No later than | ||||||
19 | September
1, 1993, the State Board of Education shall | ||||||
20 | establish standards for the
development, implementation and | ||||||
21 | monitoring of appropriate bilingual special
individualized | ||||||
22 | educational programs. The State Board of Education shall
| ||||||
23 | further incorporate appropriate monitoring procedures to | ||||||
24 | verify implementation
of these standards. The district shall | ||||||
25 | indicate to the parent, the State Board of Education, and, if | ||||||
26 | applicable, the Department's Office of Education and |
| |||||||
| |||||||
1 | Transition Services the nature of the services the child will | ||||||
2 | receive
for the regular school term while awaiting waiting | ||||||
3 | placement in the appropriate special
education class. At the | ||||||
4 | child's initial IEP meeting and at each annual review meeting, | ||||||
5 | the child's IEP team shall provide the child's parent or | ||||||
6 | guardian and, if applicable, the Department's Office of | ||||||
7 | Education and Transition Services with a written notification | ||||||
8 | that informs the parent or guardian or the Department's Office | ||||||
9 | of Education and Transition Services that the IEP team is | ||||||
10 | required to consider whether the child requires assistive | ||||||
11 | technology in order to receive free, appropriate public | ||||||
12 | education. The notification must also include a toll-free | ||||||
13 | telephone number and internet address for the State's | ||||||
14 | assistive technology program.
| ||||||
15 | If the child is deaf, hard of hearing, blind, or visually | ||||||
16 | impaired or has an orthopedic impairment or physical | ||||||
17 | disability and
he or she might be eligible to receive services | ||||||
18 | from the Illinois School for
the Deaf, the Illinois School for | ||||||
19 | the Visually Impaired, or the Illinois Center for | ||||||
20 | Rehabilitation and Education-Roosevelt, the school
district | ||||||
21 | shall notify the parents, in writing, of the existence of
| ||||||
22 | these schools
and the services
they provide and shall make a | ||||||
23 | reasonable effort to inform the parents of the existence of | ||||||
24 | other, local schools that provide similar services and the | ||||||
25 | services that these other schools provide. This notification
| ||||||
26 | shall
include without limitation information on school |
| |||||||
| |||||||
1 | services, school
admissions criteria, and school contact | ||||||
2 | information.
| ||||||
3 | In the development of the individualized education program | ||||||
4 | for a student who has a disability on the autism spectrum | ||||||
5 | (which includes autistic disorder, Asperger's disorder, | ||||||
6 | pervasive developmental disorder not otherwise specified, | ||||||
7 | childhood disintegrative disorder, and Rett Syndrome, as | ||||||
8 | defined in the Diagnostic and Statistical Manual of Mental | ||||||
9 | Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall | ||||||
10 | consider all of the following factors: | ||||||
11 | (1) The verbal and nonverbal communication needs of | ||||||
12 | the child. | ||||||
13 | (2) The need to develop social interaction skills and | ||||||
14 | proficiencies. | ||||||
15 | (3) The needs resulting from the child's unusual | ||||||
16 | responses to sensory experiences. | ||||||
17 | (4) The needs resulting from resistance to | ||||||
18 | environmental change or change in daily routines. | ||||||
19 | (5) The needs resulting from engagement in repetitive | ||||||
20 | activities and stereotyped movements. | ||||||
21 | (6) The need for any positive behavioral | ||||||
22 | interventions, strategies, and supports to address any | ||||||
23 | behavioral difficulties resulting from autism spectrum | ||||||
24 | disorder. | ||||||
25 | (7) Other needs resulting from the child's disability | ||||||
26 | that impact progress in the general curriculum, including |
| |||||||
| |||||||
1 | social and emotional development. | ||||||
2 | Public Act 95-257
does not create any new entitlement to a | ||||||
3 | service, program, or benefit, but must not affect any | ||||||
4 | entitlement to a service, program, or benefit created by any | ||||||
5 | other law.
| ||||||
6 | If the student may be eligible to participate in the | ||||||
7 | Home-Based Support
Services Program for Adults with Mental | ||||||
8 | Disabilities authorized under the
Developmental Disability and | ||||||
9 | Mental Disability Services Act upon becoming an
adult, the | ||||||
10 | student's individualized education program shall include plans | ||||||
11 | for
(i) determining the student's eligibility for those | ||||||
12 | home-based services, (ii)
enrolling the student in the program | ||||||
13 | of home-based services, and (iii)
developing a plan for the | ||||||
14 | student's most effective use of the home-based
services after | ||||||
15 | the student becomes an adult and no longer receives special
| ||||||
16 | educational services under this Article. The plans developed | ||||||
17 | under this
paragraph shall include specific actions to be | ||||||
18 | taken by specified individuals,
agencies, or officials.
| ||||||
19 | (c) In the development of the individualized education | ||||||
20 | program for a
student who is functionally blind, it shall be | ||||||
21 | presumed that proficiency in
Braille reading and writing is | ||||||
22 | essential for the student's satisfactory
educational progress. | ||||||
23 | For purposes of this subsection, the State Board of
Education | ||||||
24 | shall determine the criteria for a student to be classified as
| ||||||
25 | functionally blind. Students who are not currently identified | ||||||
26 | as
functionally blind who are also entitled to Braille |
| |||||||
| |||||||
1 | instruction include:
(i) those whose vision loss is so severe | ||||||
2 | that they are unable to read and
write at a level comparable to | ||||||
3 | their peers solely through the use of
vision, and (ii) those | ||||||
4 | who show evidence of progressive vision loss that
may result | ||||||
5 | in functional blindness. Each student who is functionally | ||||||
6 | blind
shall be entitled to Braille reading and writing | ||||||
7 | instruction that is
sufficient to enable the student to | ||||||
8 | communicate with the same level of
proficiency as other | ||||||
9 | students of comparable ability. Instruction should be
provided | ||||||
10 | to the extent that the student is physically and cognitively | ||||||
11 | able
to use Braille. Braille instruction may be used in | ||||||
12 | combination with other
special education services appropriate | ||||||
13 | to the student's educational needs.
The assessment of each | ||||||
14 | student who is functionally blind for the purpose of
| ||||||
15 | developing the student's individualized education program | ||||||
16 | shall include
documentation of the student's strengths and | ||||||
17 | weaknesses in Braille skills.
Each person assisting in the | ||||||
18 | development of the individualized education
program for a | ||||||
19 | student who is functionally blind shall receive information
| ||||||
20 | describing the benefits of Braille instruction. The | ||||||
21 | individualized
education program for each student who is | ||||||
22 | functionally blind shall
specify the appropriate learning | ||||||
23 | medium or media based on the assessment
report.
| ||||||
24 | (d) To the maximum extent appropriate, the placement shall | ||||||
25 | provide the
child with the opportunity to be educated with | ||||||
26 | children who do not have a disability; provided that children |
| |||||||
| |||||||
1 | with
disabilities who are recommended to be
placed into | ||||||
2 | regular education classrooms are provided with supplementary
| ||||||
3 | services to assist the children with disabilities to benefit
| ||||||
4 | from the regular
classroom instruction and are included on the | ||||||
5 | teacher's regular education class
register. Subject to the | ||||||
6 | limitation of the preceding sentence, placement in
special | ||||||
7 | classes, separate schools or other removal of the child with a | ||||||
8 | disability
from the regular educational environment shall | ||||||
9 | occur only when the nature of
the severity of the disability is | ||||||
10 | such that education in the
regular classes with
the use of | ||||||
11 | supplementary aids and services cannot be achieved | ||||||
12 | satisfactorily.
The placement of English learners with | ||||||
13 | disabilities shall
be in non-restrictive environments which | ||||||
14 | provide for integration with
peers who do not have | ||||||
15 | disabilities in bilingual classrooms. Annually, each January, | ||||||
16 | school districts shall report data on students from | ||||||
17 | non-English
speaking backgrounds receiving special education | ||||||
18 | and related services in
public and private facilities as | ||||||
19 | prescribed in Section 2-3.30. If there
is a disagreement | ||||||
20 | between parties involved regarding the special education
| ||||||
21 | placement of any child, either in-state or out-of-state, the | ||||||
22 | placement is
subject to impartial due process procedures | ||||||
23 | described in Article 10 of the
Rules and Regulations to Govern | ||||||
24 | the Administration and Operation of Special
Education.
| ||||||
25 | (e) No child who comes from a home in which a language | ||||||
26 | other than English
is the principal language used may be |
| |||||||
| |||||||
1 | assigned to any class or program
under this Article until he | ||||||
2 | has been given, in the principal language
used by the child and | ||||||
3 | used in his home, tests reasonably related to his
cultural | ||||||
4 | environment. All testing and evaluation materials and | ||||||
5 | procedures
utilized for evaluation and placement shall not be | ||||||
6 | linguistically, racially or
culturally discriminatory.
| ||||||
7 | (f) Nothing in this Article shall be construed to require | ||||||
8 | any child to
undergo any physical examination or medical | ||||||
9 | treatment whose parents object thereto on the grounds that | ||||||
10 | such examination or
treatment conflicts with his religious | ||||||
11 | beliefs.
| ||||||
12 | (g) School boards or their designee shall provide to the | ||||||
13 | parents of a child or, if applicable, the Department of | ||||||
14 | Children and Family Services' Office of Education and | ||||||
15 | Transition Services prior written notice of any decision (a) | ||||||
16 | proposing
to initiate or change, or (b) refusing to initiate | ||||||
17 | or change, the
identification, evaluation, or educational | ||||||
18 | placement of the child or the
provision of a free appropriate | ||||||
19 | public education to their child, and the
reasons therefor. For | ||||||
20 | a parent, such written notification shall also inform the
| ||||||
21 | parent of the opportunity to present complaints with respect
| ||||||
22 | to any matter relating to the educational placement of the | ||||||
23 | student, or
the provision of a free appropriate public | ||||||
24 | education and to have an
impartial due process hearing on the | ||||||
25 | complaint. The notice shall inform
the parents in the parents' | ||||||
26 | native language,
unless it is clearly not feasible to do so, of |
| |||||||
| |||||||
1 | their rights and all
procedures available pursuant to this Act | ||||||
2 | and the federal Individuals with Disabilities Education | ||||||
3 | Improvement Act of 2004 (Public Law 108-446); it
shall be the | ||||||
4 | responsibility of the State Superintendent to develop
uniform | ||||||
5 | notices setting forth the procedures available under this Act
| ||||||
6 | and the federal Individuals with Disabilities Education | ||||||
7 | Improvement Act of 2004 (Public Law 108-446) to be used by all | ||||||
8 | school boards. The notice
shall also inform the parents of the | ||||||
9 | availability upon
request of a list of free or low-cost legal | ||||||
10 | and other relevant services
available locally to assist | ||||||
11 | parents in initiating an
impartial due process hearing. The | ||||||
12 | State Superintendent shall revise the uniform notices required | ||||||
13 | by this subsection (g) to reflect current law and procedures | ||||||
14 | at least once every 2 years. Any parent who is deaf, or
does | ||||||
15 | not normally communicate using spoken English, who | ||||||
16 | participates in
a meeting with a representative of a local | ||||||
17 | educational agency for the
purposes of developing an | ||||||
18 | individualized educational program shall be
entitled to the | ||||||
19 | services of an interpreter. The State Board of Education must | ||||||
20 | adopt rules to establish the criteria, standards, and | ||||||
21 | competencies for a bilingual language interpreter who attends | ||||||
22 | an individualized education program meeting under this | ||||||
23 | subsection to assist a parent who has limited English | ||||||
24 | proficiency.
| ||||||
25 | (g-5) For purposes of this subsection (g-5), "qualified | ||||||
26 | professional" means an individual who holds credentials to |
| |||||||
| |||||||
1 | evaluate the child in the domain or domains for which an | ||||||
2 | evaluation is sought or an intern working under the direct | ||||||
3 | supervision of a qualified professional, including a master's | ||||||
4 | or doctoral degree candidate. | ||||||
5 | To ensure that a parent can participate fully and | ||||||
6 | effectively with school personnel in the development of | ||||||
7 | appropriate educational and related services for his or her | ||||||
8 | child, the parent, an independent educational evaluator, or a | ||||||
9 | qualified professional retained by or on behalf of a parent or | ||||||
10 | child must be afforded reasonable access to educational | ||||||
11 | facilities, personnel, classrooms, and buildings and to the | ||||||
12 | child as provided in this subsection (g-5). The requirements | ||||||
13 | of this subsection (g-5) apply to any public school facility, | ||||||
14 | building, or program and to any facility, building, or program | ||||||
15 | supported in whole or in part by public funds. Prior to | ||||||
16 | visiting a school, school building, or school facility, the | ||||||
17 | parent, independent educational evaluator, or qualified | ||||||
18 | professional may be required by the school district to inform | ||||||
19 | the building principal or supervisor in writing of the | ||||||
20 | proposed visit, the purpose of the visit, and the approximate | ||||||
21 | duration of the visit. The visitor and the school district | ||||||
22 | shall arrange the visit or visits at times that are mutually | ||||||
23 | agreeable. Visitors shall comply with school safety, security, | ||||||
24 | and visitation policies at all times. School district | ||||||
25 | visitation policies must not conflict with this subsection | ||||||
26 | (g-5). Visitors shall be required to comply with the |
| |||||||
| |||||||
1 | requirements of applicable privacy laws, including those laws | ||||||
2 | protecting the confidentiality of education records such as | ||||||
3 | the federal Family Educational Rights and Privacy Act and the | ||||||
4 | Illinois School Student Records Act. The visitor shall not | ||||||
5 | disrupt the educational process. | ||||||
6 | (1) A parent must be afforded reasonable access of | ||||||
7 | sufficient duration and scope for the purpose of observing | ||||||
8 | his or her child in the child's current educational | ||||||
9 | placement, services, or program or for the purpose of | ||||||
10 | visiting an educational placement or program proposed for | ||||||
11 | the child. | ||||||
12 | (2) An independent educational evaluator or a | ||||||
13 | qualified professional retained by or on behalf of a | ||||||
14 | parent or child must be afforded reasonable access of | ||||||
15 | sufficient duration and scope for the purpose of | ||||||
16 | conducting an evaluation of the child, the child's | ||||||
17 | performance, the child's current educational program, | ||||||
18 | placement, services, or environment, or any educational | ||||||
19 | program, placement, services, or environment proposed for | ||||||
20 | the child, including interviews of educational personnel, | ||||||
21 | child observations, assessments, tests or assessments of | ||||||
22 | the child's educational program, services, or placement or | ||||||
23 | of any proposed educational program, services, or | ||||||
24 | placement. If one or more interviews of school personnel | ||||||
25 | are part of the evaluation, the interviews must be | ||||||
26 | conducted at a mutually agreed upon time, date, and place |
| |||||||
| |||||||
1 | that do not interfere with the school employee's school | ||||||
2 | duties. The school district may limit interviews to | ||||||
3 | personnel having information relevant to the child's | ||||||
4 | current educational services, program, or placement or to | ||||||
5 | a proposed educational service, program, or placement.
| ||||||
6 | (Source: P.A. 101-124, eff. 1-1-20; 102-199, eff. 7-1-22; | ||||||
7 | 102-264, eff. 8-6-21; 102-558, eff. 8-20-21; revised | ||||||
8 | 10-14-21.) | ||||||
9 | (105 ILCS 5/14-17) | ||||||
10 | (Section scheduled to be repealed on December 31, 2022) | ||||||
11 | Sec. 14-17. High-Cost Special Education Funding | ||||||
12 | Commission. | ||||||
13 | (a) The High-Cost Special Education Funding Commission is | ||||||
14 | created for the purpose of making recommendations to the | ||||||
15 | Governor and the General Assembly for an alternative funding | ||||||
16 | structure in this State for high-cost special education | ||||||
17 | students that is aligned to the principles of the | ||||||
18 | evidence-based funding formula in Section 18-8.15 in which | ||||||
19 | school districts furthest away from adequacy receive the | ||||||
20 | greatest amount of funding. | ||||||
21 | (b) The Commission shall consist of all of the following | ||||||
22 | members: | ||||||
23 | (1) One representative appointed by the Speaker of the | ||||||
24 | House of Representatives, who shall serve as | ||||||
25 | co-chairperson. |
| |||||||
| |||||||
1 | (2) One representative appointed by the Minority | ||||||
2 | Leader of the House of Representatives. | ||||||
3 | (3) One senator appointed by the President of the | ||||||
4 | Senate, who shall serve as co-chairperson. | ||||||
5 | (4) One senator appointed by the Minority Leader of | ||||||
6 | the Senate. | ||||||
7 | (5) The State Superintendent of Education or a | ||||||
8 | designee. | ||||||
9 | (6) The Director of the Governor's Office of | ||||||
10 | Management and Budget or a designee. | ||||||
11 | (7) The Chairperson of the Advisory Council on the | ||||||
12 | Education of Children with Disabilities or a designee. | ||||||
13 | Additionally, within 60 days after July 23, 2021 ( the | ||||||
14 | effective date of Public Act 102-150) this amendatory Act of | ||||||
15 | the 102nd General Assembly , the State Superintendent of | ||||||
16 | Education shall appoint all of the following individuals to | ||||||
17 | the Commission: | ||||||
18 | (A) One representative of a statewide association that | ||||||
19 | represents private special education schools. | ||||||
20 | (B) One representative of a statewide association that | ||||||
21 | represents special education cooperatives. | ||||||
22 | (C) One educator from a special education cooperative, | ||||||
23 | recommended by a statewide association that represents | ||||||
24 | teachers. | ||||||
25 | (D) One educator from a special education cooperative | ||||||
26 | that is not a member district of a special education |
| |||||||
| |||||||
1 | cooperative, recommended by a different statewide | ||||||
2 | association that represents teachers. | ||||||
3 | (E) One educator or administrator from a nonpublic | ||||||
4 | special education school. | ||||||
5 | (F) One representative of a statewide association that | ||||||
6 | represents school administrators. | ||||||
7 | (G) One representative of a statewide association
that | ||||||
8 | represents school business officials. | ||||||
9 | (H) One representative of a statewide association that | ||||||
10 | represents private special education schools in rural | ||||||
11 | school districts. | ||||||
12 | (I) One representative from a residential program. | ||||||
13 | Members appointed to the Commission must reflect the | ||||||
14 | racial, ethnic, and geographic diversity of this State. | ||||||
15 | (c) Members of the Commission shall serve without | ||||||
16 | compensation, but may be reimbursed for their reasonable and | ||||||
17 | necessary expenses from funds appropriated to the State Board | ||||||
18 | of Education for that purpose. | ||||||
19 | (d) The State Board of Education shall provide | ||||||
20 | administrative support to the Commission. | ||||||
21 | (e) To ensure that high-quality services are provided to | ||||||
22 | ensure equitable outcomes for high-cost special education | ||||||
23 | students, the Commission shall do all the following: | ||||||
24 | (1) Review the current system of funding high-cost | ||||||
25 | special education students in this State. | ||||||
26 | (2) Review the needs of high-cost special education |
| |||||||
| |||||||
1 | students in this State and the associated costs to ensure | ||||||
2 | high-quality services are provided to these students. | ||||||
3 | (3) Review how other states fund high-cost special | ||||||
4 | education students. | ||||||
5 | (4) If available, review other proposals and best | ||||||
6 | practices for funding high-cost special education | ||||||
7 | students. | ||||||
8 | (f) On or before November 30, 2021, the Commission shall | ||||||
9 | report its recommendations to the Governor and the General | ||||||
10 | Assembly. | ||||||
11 | (g) This Section is repealed on December 31, 2022.
| ||||||
12 | (Source: P.A. 102-150, eff. 7-23-21; revised 11-9-21.)
| ||||||
13 | (105 ILCS 5/14-18)
| ||||||
14 | Sec. 14-18 14-17 . COVID-19 recovery post-secondary | ||||||
15 | transition recovery eligibility. | ||||||
16 | (a) If a student with an individualized education program | ||||||
17 | (IEP) reaches the age of 22 during the time in which the | ||||||
18 | student's in-person instruction, services, or activities are | ||||||
19 | suspended for a period of 3 months or more during the school | ||||||
20 | year as a result of the COVID-19 pandemic, the student is | ||||||
21 | eligible for such services up to the end of the regular | ||||||
22 | 2021-2022 school year. | ||||||
23 | (b) This Section does not apply to any student who is no | ||||||
24 | longer a resident of the school district that was responsible | ||||||
25 | for the student's IEP at the time the student reached the |
| |||||||
| |||||||
1 | student's 22nd birthday. | ||||||
2 | (c) The IEP goals in effect when the student reached the | ||||||
3 | student's 22nd birthday shall be resumed unless there is an | ||||||
4 | agreement that the goals should be revised to appropriately | ||||||
5 | meet the student's current transition needs. | ||||||
6 | (d) If a student was in a private therapeutic day or | ||||||
7 | residential program when the student reached the student's | ||||||
8 | 22nd birthday, the school district is not required to resume | ||||||
9 | that program for the student if the student has aged out of the | ||||||
10 | program or the funding for supporting the student's placement | ||||||
11 | in the facility is no longer available. | ||||||
12 | (e) Within 30 days after July 28, 2021 ( the effective date | ||||||
13 | of Public Act 102-173) this amendatory Act of the 102nd | ||||||
14 | General Assembly , each school district shall provide | ||||||
15 | notification of the availability of services under this | ||||||
16 | Section to each student covered by this Section by regular | ||||||
17 | mail sent to the last known address of the student or the | ||||||
18 | student's parent or guardian.
| ||||||
19 | (Source: P.A. 102-173, eff. 7-28-21; revised 11-9-21.)
| ||||||
20 | (105 ILCS 5/18-8.15) | ||||||
21 | Sec. 18-8.15. Evidence-Based Funding for student success | ||||||
22 | for the 2017-2018 and subsequent school years. | ||||||
23 | (a) General provisions. | ||||||
24 | (1) The purpose of this Section is to ensure that, by | ||||||
25 | June 30, 2027 and beyond, this State has a kindergarten |
| |||||||
| |||||||
1 | through grade 12 public education system with the capacity | ||||||
2 | to ensure the educational development of all persons to | ||||||
3 | the limits of their capacities in accordance with Section | ||||||
4 | 1 of Article X of the Constitution of the State of | ||||||
5 | Illinois. To accomplish that objective, this Section | ||||||
6 | creates a method of funding public education that is | ||||||
7 | evidence-based; is sufficient to ensure every student | ||||||
8 | receives a meaningful opportunity to learn irrespective of | ||||||
9 | race, ethnicity, sexual orientation, gender, or | ||||||
10 | community-income level; and is sustainable and | ||||||
11 | predictable. When fully funded under this Section, every | ||||||
12 | school shall have the resources, based on what the | ||||||
13 | evidence indicates is needed, to: | ||||||
14 | (A) provide all students with a high quality | ||||||
15 | education that offers the academic, enrichment, social | ||||||
16 | and emotional support, technical, and career-focused | ||||||
17 | programs that will allow them to become competitive | ||||||
18 | workers, responsible parents, productive citizens of | ||||||
19 | this State, and active members of our national | ||||||
20 | democracy; | ||||||
21 | (B) ensure all students receive the education they | ||||||
22 | need to graduate from high school with the skills | ||||||
23 | required to pursue post-secondary education and | ||||||
24 | training for a rewarding career; | ||||||
25 | (C) reduce, with a goal of eliminating, the | ||||||
26 | achievement gap between at-risk and non-at-risk |
| |||||||
| |||||||
1 | students by raising the performance of at-risk | ||||||
2 | students and not by reducing standards; and | ||||||
3 | (D) ensure this State satisfies its obligation to | ||||||
4 | assume the primary responsibility to fund public | ||||||
5 | education and simultaneously relieve the | ||||||
6 | disproportionate burden placed on local property taxes | ||||||
7 | to fund schools. | ||||||
8 | (2) The Evidence-Based Funding formula under this | ||||||
9 | Section shall be applied to all Organizational Units in | ||||||
10 | this State. The Evidence-Based Funding formula outlined in | ||||||
11 | this Act is based on the formula outlined in Senate Bill 1 | ||||||
12 | of the 100th General Assembly, as passed by both | ||||||
13 | legislative chambers. As further defined and described in | ||||||
14 | this Section, there are 4 major components of the | ||||||
15 | Evidence-Based Funding model: | ||||||
16 | (A) First, the model calculates a unique Adequacy | ||||||
17 | Target for each Organizational Unit in this State that | ||||||
18 | considers the costs to implement research-based | ||||||
19 | activities, the unit's student demographics, and | ||||||
20 | regional wage differences. | ||||||
21 | (B) Second, the model calculates each | ||||||
22 | Organizational Unit's Local Capacity, or the amount | ||||||
23 | each Organizational Unit is assumed to contribute | ||||||
24 | toward its Adequacy Target from local resources. | ||||||
25 | (C) Third, the model calculates how much funding | ||||||
26 | the State currently contributes to the Organizational |
| |||||||
| |||||||
1 | Unit and adds that to the unit's Local Capacity to | ||||||
2 | determine the unit's overall current adequacy of | ||||||
3 | funding. | ||||||
4 | (D) Finally, the model's distribution method | ||||||
5 | allocates new State funding to those Organizational | ||||||
6 | Units that are least well-funded, considering both | ||||||
7 | Local Capacity and State funding, in relation to their | ||||||
8 | Adequacy Target. | ||||||
9 | (3) An Organizational Unit receiving any funding under | ||||||
10 | this Section may apply those funds to any fund so received | ||||||
11 | for which that Organizational Unit is authorized to make | ||||||
12 | expenditures by law. | ||||||
13 | (4) As used in this Section, the following terms shall | ||||||
14 | have the meanings ascribed in this paragraph (4): | ||||||
15 | "Adequacy Target" is defined in paragraph (1) of | ||||||
16 | subsection (b) of this Section. | ||||||
17 | "Adjusted EAV" is defined in paragraph (4) of | ||||||
18 | subsection (d) of this Section. | ||||||
19 | "Adjusted Local Capacity Target" is defined in | ||||||
20 | paragraph (3) of subsection (c) of this Section. | ||||||
21 | "Adjusted Operating Tax Rate" means a tax rate for all | ||||||
22 | Organizational Units, for which the State Superintendent | ||||||
23 | shall calculate and subtract for the Operating Tax Rate a | ||||||
24 | transportation rate based on total expenses for | ||||||
25 | transportation services under this Code, as reported on | ||||||
26 | the most recent Annual Financial Report in Pupil |
| |||||||
| |||||||
1 | Transportation Services, function 2550 in both the | ||||||
2 | Education and Transportation funds and functions 4110 and | ||||||
3 | 4120 in the Transportation fund, less any corresponding | ||||||
4 | fiscal year State of Illinois scheduled payments excluding | ||||||
5 | net adjustments for prior years for regular, vocational, | ||||||
6 | or special education transportation reimbursement pursuant | ||||||
7 | to Section 29-5 or subsection (b) of Section 14-13.01 of | ||||||
8 | this Code divided by the Adjusted EAV. If an | ||||||
9 | Organizational Unit's corresponding fiscal year State of | ||||||
10 | Illinois scheduled payments excluding net adjustments for | ||||||
11 | prior years for regular, vocational, or special education | ||||||
12 | transportation reimbursement pursuant to Section 29-5 or | ||||||
13 | subsection (b) of Section 14-13.01 of this Code exceed the | ||||||
14 | total transportation expenses, as defined in this | ||||||
15 | paragraph, no transportation rate shall be subtracted from | ||||||
16 | the Operating Tax Rate. | ||||||
17 | "Allocation Rate" is defined in paragraph (3) of | ||||||
18 | subsection (g) of this Section. | ||||||
19 | "Alternative School" means a public school that is | ||||||
20 | created and operated by a regional superintendent of | ||||||
21 | schools and approved by the State Board. | ||||||
22 | "Applicable Tax Rate" is defined in paragraph (1) of | ||||||
23 | subsection (d) of this Section. | ||||||
24 | "Assessment" means any of those benchmark, progress | ||||||
25 | monitoring, formative, diagnostic, and other assessments, | ||||||
26 | in addition to the State accountability assessment, that |
| |||||||
| |||||||
1 | assist teachers' needs in understanding the skills and | ||||||
2 | meeting the needs of the students they serve. | ||||||
3 | "Assistant principal" means a school administrator | ||||||
4 | duly endorsed to be employed as an assistant principal in | ||||||
5 | this State. | ||||||
6 | "At-risk student" means a student who is at risk of | ||||||
7 | not meeting the Illinois Learning Standards or not | ||||||
8 | graduating from elementary or high school and who | ||||||
9 | demonstrates a need for vocational support or social | ||||||
10 | services beyond that provided by the regular school | ||||||
11 | program. All students included in an Organizational Unit's | ||||||
12 | Low-Income Count, as well as all English learner and | ||||||
13 | disabled students attending the Organizational Unit, shall | ||||||
14 | be considered at-risk students under this Section. | ||||||
15 | "Average Student Enrollment" or "ASE" for fiscal year | ||||||
16 | 2018 means, for an Organizational Unit, the greater of the | ||||||
17 | average number of students (grades K through 12) reported | ||||||
18 | to the State Board as enrolled in the Organizational Unit | ||||||
19 | on October 1 in the immediately preceding school year, | ||||||
20 | plus the pre-kindergarten students who receive special | ||||||
21 | education services of 2 or more hours a day as reported to | ||||||
22 | the State Board on December 1 in the immediately preceding | ||||||
23 | school year, or the average number of students (grades K | ||||||
24 | through 12) reported to the State Board as enrolled in the | ||||||
25 | Organizational Unit on October 1, plus the | ||||||
26 | pre-kindergarten students who receive special education |
| |||||||
| |||||||
1 | services of 2 or more hours a day as reported to the State | ||||||
2 | Board on December 1, for each of the immediately preceding | ||||||
3 | 3 school years. For fiscal year 2019 and each subsequent | ||||||
4 | fiscal year, "Average Student Enrollment" or "ASE" means, | ||||||
5 | for an Organizational Unit, the greater of the average | ||||||
6 | number of students (grades K through 12) reported to the | ||||||
7 | State Board as enrolled in the Organizational Unit on | ||||||
8 | October 1 and March 1 in the immediately preceding school | ||||||
9 | year, plus the pre-kindergarten students who receive | ||||||
10 | special education services as reported to the State Board | ||||||
11 | on October 1 and March 1 in the immediately preceding | ||||||
12 | school year, or the average number of students (grades K | ||||||
13 | through 12) reported to the State Board as enrolled in the | ||||||
14 | Organizational Unit on October 1 and March 1, plus the | ||||||
15 | pre-kindergarten students who receive special education | ||||||
16 | services as reported to the State Board on October 1 and | ||||||
17 | March 1, for each of the immediately preceding 3 school | ||||||
18 | years. For the purposes of this definition, "enrolled in | ||||||
19 | the Organizational Unit" means the number of students | ||||||
20 | reported to the State Board who are enrolled in schools | ||||||
21 | within the Organizational Unit that the student attends or | ||||||
22 | would attend if not placed or transferred to another | ||||||
23 | school or program to receive needed services. For the | ||||||
24 | purposes of calculating "ASE", all students, grades K | ||||||
25 | through 12, excluding those attending kindergarten for a | ||||||
26 | half day and students attending an alternative education |
| |||||||
| |||||||
1 | program operated by a regional office of education or | ||||||
2 | intermediate service center, shall be counted as 1.0. All | ||||||
3 | students attending kindergarten for a half day shall be | ||||||
4 | counted as 0.5, unless in 2017 by June 15 or by March 1 in | ||||||
5 | subsequent years, the school district reports to the State | ||||||
6 | Board of Education the intent to implement full-day | ||||||
7 | kindergarten district-wide for all students, then all | ||||||
8 | students attending kindergarten shall be counted as 1.0. | ||||||
9 | Special education pre-kindergarten students shall be | ||||||
10 | counted as 0.5 each. If the State Board does not collect or | ||||||
11 | has not collected both an October 1 and March 1 enrollment | ||||||
12 | count by grade or a December 1 collection of special | ||||||
13 | education pre-kindergarten students as of August 31, 2017 | ||||||
14 | (the effective date of Public Act 100-465), it shall | ||||||
15 | establish such collection for all future years. For any | ||||||
16 | year in which a count by grade level was collected only | ||||||
17 | once, that count shall be used as the single count | ||||||
18 | available for computing a 3-year average ASE. Funding for | ||||||
19 | programs operated by a regional office of education or an | ||||||
20 | intermediate service center must be calculated using the | ||||||
21 | Evidence-Based Funding formula under this Section for the | ||||||
22 | 2019-2020 school year and each subsequent school year | ||||||
23 | until separate adequacy formulas are developed and adopted | ||||||
24 | for each type of program. ASE for a program operated by a | ||||||
25 | regional office of education or an intermediate service | ||||||
26 | center must be determined by the March 1 enrollment for |
| |||||||
| |||||||
1 | the program. For the 2019-2020 school year, the ASE used | ||||||
2 | in the calculation must be the first-year ASE and, in that | ||||||
3 | year only, the assignment of students served by a regional | ||||||
4 | office of education or intermediate service center shall | ||||||
5 | not result in a reduction of the March enrollment for any | ||||||
6 | school district. For the 2020-2021 school year, the ASE | ||||||
7 | must be the greater of the current-year ASE or the 2-year | ||||||
8 | average ASE. Beginning with the 2021-2022 school year, the | ||||||
9 | ASE must be the greater of the current-year ASE or the | ||||||
10 | 3-year average ASE. School districts shall submit the data | ||||||
11 | for the ASE calculation to the State Board within 45 days | ||||||
12 | of the dates required in this Section for submission of | ||||||
13 | enrollment data in order for it to be included in the ASE | ||||||
14 | calculation. For fiscal year 2018 only, the ASE | ||||||
15 | calculation shall include only enrollment taken on October | ||||||
16 | 1. In recognition of the impact of COVID-19, the | ||||||
17 | definition of "Average Student Enrollment" or "ASE" shall | ||||||
18 | be adjusted for calculations under this Section for fiscal | ||||||
19 | years 2022 through 2024. For fiscal years 2022 through | ||||||
20 | 2024, the enrollment used in the calculation of ASE | ||||||
21 | representing the 2020-2021 school year shall be the | ||||||
22 | greater of the enrollment for the 2020-2021 school year or | ||||||
23 | the 2019-2020 school year. | ||||||
24 | "Base Funding Guarantee" is defined in paragraph (10) | ||||||
25 | of subsection (g) of this Section. | ||||||
26 | "Base Funding Minimum" is defined in subsection (e) of |
| |||||||
| |||||||
1 | this Section. | ||||||
2 | "Base Tax Year" means the property tax levy year used | ||||||
3 | to calculate the Budget Year allocation of primary State | ||||||
4 | aid. | ||||||
5 | "Base Tax Year's Extension" means the product of the | ||||||
6 | equalized assessed valuation utilized by the county clerk | ||||||
7 | in the Base Tax Year multiplied by the limiting rate as | ||||||
8 | calculated by the county clerk and defined in PTELL. | ||||||
9 | "Bilingual Education Allocation" means the amount of | ||||||
10 | an Organizational Unit's final Adequacy Target | ||||||
11 | attributable to bilingual education divided by the | ||||||
12 | Organizational Unit's final Adequacy Target, the product | ||||||
13 | of which shall be multiplied by the amount of new funding | ||||||
14 | received pursuant to this Section. An Organizational | ||||||
15 | Unit's final Adequacy Target attributable to bilingual | ||||||
16 | education shall include all additional investments in | ||||||
17 | English learner students' adequacy elements. | ||||||
18 | "Budget Year" means the school year for which primary | ||||||
19 | State aid is calculated and awarded under this Section. | ||||||
20 | "Central office" means individual administrators and | ||||||
21 | support service personnel charged with managing the | ||||||
22 | instructional programs, business and operations, and | ||||||
23 | security of the Organizational Unit. | ||||||
24 | "Comparable Wage Index" or "CWI" means a regional cost | ||||||
25 | differentiation metric that measures systemic, regional | ||||||
26 | variations in the salaries of college graduates who are |
| |||||||
| |||||||
1 | not educators. The CWI utilized for this Section shall, | ||||||
2 | for the first 3 years of Evidence-Based Funding | ||||||
3 | implementation, be the CWI initially developed by the | ||||||
4 | National Center for Education Statistics, as most recently | ||||||
5 | updated by Texas A & M University. In the fourth and | ||||||
6 | subsequent years of Evidence-Based Funding implementation, | ||||||
7 | the State Superintendent shall re-determine the CWI using | ||||||
8 | a similar methodology to that identified in the Texas A & M | ||||||
9 | University study, with adjustments made no less frequently | ||||||
10 | than once every 5 years. | ||||||
11 | "Computer technology and equipment" means computers | ||||||
12 | servers, notebooks, network equipment, copiers, printers, | ||||||
13 | instructional software, security software, curriculum | ||||||
14 | management courseware, and other similar materials and | ||||||
15 | equipment. | ||||||
16 | "Computer technology and equipment investment | ||||||
17 | allocation" means the final Adequacy Target amount of an | ||||||
18 | Organizational Unit assigned to Tier 1 or Tier 2 in the | ||||||
19 | prior school year attributable to the additional $285.50 | ||||||
20 | per student computer technology and equipment investment | ||||||
21 | grant divided by the Organizational Unit's final Adequacy | ||||||
22 | Target, the result of which shall be multiplied by the | ||||||
23 | amount of new funding received pursuant to this Section. | ||||||
24 | An Organizational Unit assigned to a Tier 1 or Tier 2 final | ||||||
25 | Adequacy Target attributable to the received computer | ||||||
26 | technology and equipment investment grant shall include |
| |||||||
| |||||||
1 | all additional investments in computer technology and | ||||||
2 | equipment adequacy elements. | ||||||
3 | "Core subject" means mathematics; science; reading, | ||||||
4 | English, writing, and language arts; history and social | ||||||
5 | studies; world languages; and subjects taught as Advanced | ||||||
6 | Placement in high schools. | ||||||
7 | "Core teacher" means a regular classroom teacher in | ||||||
8 | elementary schools and teachers of a core subject in | ||||||
9 | middle and high schools. | ||||||
10 | "Core Intervention teacher (tutor)" means a licensed | ||||||
11 | teacher providing one-on-one or small group tutoring to | ||||||
12 | students struggling to meet proficiency in core subjects. | ||||||
13 | "CPPRT" means corporate personal property replacement | ||||||
14 | tax funds paid to an Organizational Unit during the | ||||||
15 | calendar year one year before the calendar year in which a | ||||||
16 | school year begins, pursuant to "An Act in relation to the | ||||||
17 | abolition of ad valorem personal property tax and the | ||||||
18 | replacement of revenues lost thereby, and amending and | ||||||
19 | repealing certain Acts and parts of Acts in connection | ||||||
20 | therewith", certified August 14, 1979, as amended (Public | ||||||
21 | Act 81-1st S.S.-1). | ||||||
22 | "EAV" means equalized assessed valuation as defined in | ||||||
23 | paragraph (2) of subsection (d) of this Section and | ||||||
24 | calculated in accordance with paragraph (3) of subsection | ||||||
25 | (d) of this Section. | ||||||
26 | "ECI" means the Bureau of Labor Statistics' national |
| |||||||
| |||||||
1 | employment cost index for civilian workers in educational | ||||||
2 | services in elementary and secondary schools on a | ||||||
3 | cumulative basis for the 12-month calendar year preceding | ||||||
4 | the fiscal year of the Evidence-Based Funding calculation. | ||||||
5 | "EIS Data" means the employment information system | ||||||
6 | data maintained by the State Board on educators within | ||||||
7 | Organizational Units. | ||||||
8 | "Employee benefits" means health, dental, and vision | ||||||
9 | insurance offered to employees of an Organizational Unit, | ||||||
10 | the costs associated with the statutorily required payment | ||||||
11 | of the normal cost of the Organizational Unit's teacher | ||||||
12 | pensions, Social Security employer contributions, and | ||||||
13 | Illinois Municipal Retirement Fund employer contributions. | ||||||
14 | "English learner" or "EL" means a child included in | ||||||
15 | the definition of "English learners" under Section 14C-2 | ||||||
16 | of this Code participating in a program of transitional | ||||||
17 | bilingual education or a transitional program of | ||||||
18 | instruction meeting the requirements and program | ||||||
19 | application procedures of Article 14C of this Code. For | ||||||
20 | the purposes of collecting the number of EL students | ||||||
21 | enrolled, the same collection and calculation methodology | ||||||
22 | as defined above for "ASE" shall apply to English | ||||||
23 | learners, with the exception that EL student enrollment | ||||||
24 | shall include students in grades pre-kindergarten through | ||||||
25 | 12. | ||||||
26 | "Essential Elements" means those elements, resources, |
| |||||||
| |||||||
1 | and educational programs that have been identified through | ||||||
2 | academic research as necessary to improve student success, | ||||||
3 | improve academic performance, close achievement gaps, and | ||||||
4 | provide for other per student costs related to the | ||||||
5 | delivery and leadership of the Organizational Unit, as | ||||||
6 | well as the maintenance and operations of the unit, and | ||||||
7 | which are specified in paragraph (2) of subsection (b) of | ||||||
8 | this Section. | ||||||
9 | "Evidence-Based Funding" means State funding provided | ||||||
10 | to an Organizational Unit pursuant to this Section. | ||||||
11 | "Extended day" means academic and enrichment programs | ||||||
12 | provided to students outside the regular school day before | ||||||
13 | and after school or during non-instructional times during | ||||||
14 | the school day. | ||||||
15 | "Extension Limitation Ratio" means a numerical ratio | ||||||
16 | in which the numerator is the Base Tax Year's Extension | ||||||
17 | and the denominator is the Preceding Tax Year's Extension. | ||||||
18 | "Final Percent of Adequacy" is defined in paragraph | ||||||
19 | (4) of subsection (f) of this Section. | ||||||
20 | "Final Resources" is defined in paragraph (3) of | ||||||
21 | subsection (f) of this Section. | ||||||
22 | "Full-time equivalent" or "FTE" means the full-time | ||||||
23 | equivalency compensation for staffing the relevant | ||||||
24 | position at an Organizational Unit. | ||||||
25 | "Funding Gap" is defined in paragraph (1) of | ||||||
26 | subsection (g). |
| |||||||
| |||||||
1 | "Hybrid District" means a partial elementary unit | ||||||
2 | district created pursuant to Article 11E of this Code. | ||||||
3 | "Instructional assistant" means a core or special | ||||||
4 | education, non-licensed employee who assists a teacher in | ||||||
5 | the classroom and provides academic support to students. | ||||||
6 | "Instructional facilitator" means a qualified teacher | ||||||
7 | or licensed teacher leader who facilitates and coaches | ||||||
8 | continuous improvement in classroom instruction; provides | ||||||
9 | instructional support to teachers in the elements of | ||||||
10 | research-based instruction or demonstrates the alignment | ||||||
11 | of instruction with curriculum standards and assessment | ||||||
12 | tools; develops or coordinates instructional programs or | ||||||
13 | strategies; develops and implements training; chooses | ||||||
14 | standards-based instructional materials; provides | ||||||
15 | teachers with an understanding of current research; serves | ||||||
16 | as a mentor, site coach, curriculum specialist, or lead | ||||||
17 | teacher; or otherwise works with fellow teachers, in | ||||||
18 | collaboration, to use data to improve instructional | ||||||
19 | practice or develop model lessons. | ||||||
20 | "Instructional materials" means relevant | ||||||
21 | instructional materials for student instruction, | ||||||
22 | including, but not limited to, textbooks, consumable | ||||||
23 | workbooks, laboratory equipment, library books, and other | ||||||
24 | similar materials. | ||||||
25 | "Laboratory School" means a public school that is | ||||||
26 | created and operated by a public university and approved |
| |||||||
| |||||||
1 | by the State Board. | ||||||
2 | "Librarian" means a teacher with an endorsement as a | ||||||
3 | library information specialist or another individual whose | ||||||
4 | primary responsibility is overseeing library resources | ||||||
5 | within an Organizational Unit. | ||||||
6 | "Limiting rate for Hybrid Districts" means the | ||||||
7 | combined elementary school and high school limiting rates. | ||||||
8 | "Local Capacity" is defined in paragraph (1) of | ||||||
9 | subsection (c) of this Section. | ||||||
10 | "Local Capacity Percentage" is defined in subparagraph | ||||||
11 | (A) of paragraph (2) of subsection (c) of this Section. | ||||||
12 | "Local Capacity Ratio" is defined in subparagraph (B) | ||||||
13 | of paragraph (2) of subsection (c) of this Section. | ||||||
14 | "Local Capacity Target" is defined in paragraph (2) of | ||||||
15 | subsection (c) of this Section. | ||||||
16 | "Low-Income Count" means, for an Organizational Unit | ||||||
17 | in a fiscal year, the higher of the average number of | ||||||
18 | students for the prior school year or the immediately | ||||||
19 | preceding 3 school years who, as of July 1 of the | ||||||
20 | immediately preceding fiscal year (as determined by the | ||||||
21 | Department of Human Services), are eligible for at least | ||||||
22 | one of the following low-income programs: Medicaid, the | ||||||
23 | Children's Health Insurance Program, Temporary Assistance | ||||||
24 | for Needy Families (TANF), or the Supplemental Nutrition | ||||||
25 | Assistance Program, excluding pupils who are eligible for | ||||||
26 | services provided by the Department of Children and Family |
| |||||||
| |||||||
1 | Services. Until such time that grade level low-income | ||||||
2 | populations become available, grade level low-income | ||||||
3 | populations shall be determined by applying the low-income | ||||||
4 | percentage to total student enrollments by grade level. | ||||||
5 | The low-income percentage is determined by dividing the | ||||||
6 | Low-Income Count by the Average Student Enrollment. The | ||||||
7 | low-income percentage for programs operated by a regional | ||||||
8 | office of education or an intermediate service center must | ||||||
9 | be set to the weighted average of the low-income | ||||||
10 | percentages of all of the school districts in the service | ||||||
11 | region. The weighted low-income percentage is the result | ||||||
12 | of multiplying the low-income percentage of each school | ||||||
13 | district served by the regional office of education or | ||||||
14 | intermediate service center by each school district's | ||||||
15 | Average Student Enrollment, summarizing those products and | ||||||
16 | dividing the total by the total Average Student Enrollment | ||||||
17 | for the service region. | ||||||
18 | "Maintenance and operations" means custodial services, | ||||||
19 | facility and ground maintenance, facility operations, | ||||||
20 | facility security, routine facility repairs, and other | ||||||
21 | similar services and functions. | ||||||
22 | "Minimum Funding Level" is defined in paragraph (9) of | ||||||
23 | subsection (g) of this Section. | ||||||
24 | "New Property Tax Relief Pool Funds" means, for any | ||||||
25 | given fiscal year, all State funds appropriated under | ||||||
26 | Section 2-3.170 of this Code. |
| |||||||
| |||||||
1 | "New State Funds" means, for a given school year, all | ||||||
2 | State funds appropriated for Evidence-Based Funding in | ||||||
3 | excess of the amount needed to fund the Base Funding | ||||||
4 | Minimum for all Organizational Units in that school year. | ||||||
5 | "Net State Contribution Target" means, for a given | ||||||
6 | school year, the amount of State funds that would be | ||||||
7 | necessary to fully meet the Adequacy Target of an | ||||||
8 | Operational Unit minus the Preliminary Resources available | ||||||
9 | to each unit. | ||||||
10 | "Nurse" means an individual licensed as a certified | ||||||
11 | school nurse, in accordance with the rules established for | ||||||
12 | nursing services by the State Board, who is an employee of | ||||||
13 | and is available to provide health care-related services | ||||||
14 | for students of an Organizational Unit. | ||||||
15 | "Operating Tax Rate" means the rate utilized in the | ||||||
16 | previous year to extend property taxes for all purposes, | ||||||
17 | except Bond and Interest, Summer School, Rent, Capital | ||||||
18 | Improvement, and Vocational Education Building purposes. | ||||||
19 | For Hybrid Districts, the Operating Tax Rate shall be the | ||||||
20 | combined elementary and high school rates utilized in the | ||||||
21 | previous year to extend property taxes for all purposes, | ||||||
22 | except Bond and Interest, Summer School, Rent, Capital | ||||||
23 | Improvement, and Vocational Education Building purposes. | ||||||
24 | "Organizational Unit" means a Laboratory School or any | ||||||
25 | public school district that is recognized as such by the | ||||||
26 | State Board and that contains elementary schools typically |
| |||||||
| |||||||
1 | serving kindergarten through 5th grades, middle schools | ||||||
2 | typically serving 6th through 8th grades, high schools | ||||||
3 | typically serving 9th through 12th grades, a program | ||||||
4 | established under Section 2-3.66 or 2-3.41, or a program | ||||||
5 | operated by a regional office of education or an | ||||||
6 | intermediate service center under Article 13A or 13B. The | ||||||
7 | General Assembly acknowledges that the actual grade levels | ||||||
8 | served by a particular Organizational Unit may vary | ||||||
9 | slightly from what is typical. | ||||||
10 | "Organizational Unit CWI" is determined by calculating | ||||||
11 | the CWI in the region and original county in which an | ||||||
12 | Organizational Unit's primary administrative office is | ||||||
13 | located as set forth in this paragraph, provided that if | ||||||
14 | the Organizational Unit CWI as calculated in accordance | ||||||
15 | with this paragraph is less than 0.9, the Organizational | ||||||
16 | Unit CWI shall be increased to 0.9. Each county's current | ||||||
17 | CWI value shall be adjusted based on the CWI value of that | ||||||
18 | county's neighboring Illinois counties, to create a | ||||||
19 | "weighted adjusted index value". This shall be calculated | ||||||
20 | by summing the CWI values of all of a county's adjacent | ||||||
21 | Illinois counties and dividing by the number of adjacent | ||||||
22 | Illinois counties, then taking the weighted value of the | ||||||
23 | original county's CWI value and the adjacent Illinois | ||||||
24 | county average. To calculate this weighted value, if the | ||||||
25 | number of adjacent Illinois counties is greater than 2, | ||||||
26 | the original county's CWI value will be weighted at 0.25 |
| |||||||
| |||||||
1 | and the adjacent Illinois county average will be weighted | ||||||
2 | at 0.75. If the number of adjacent Illinois counties is 2, | ||||||
3 | the original county's CWI value will be weighted at 0.33 | ||||||
4 | and the adjacent Illinois county average will be weighted | ||||||
5 | at 0.66. The greater of the county's current CWI value and | ||||||
6 | its weighted adjusted index value shall be used as the | ||||||
7 | Organizational Unit CWI. | ||||||
8 | "Preceding Tax Year" means the property tax levy year | ||||||
9 | immediately preceding the Base Tax Year. | ||||||
10 | "Preceding Tax Year's Extension" means the product of | ||||||
11 | the equalized assessed valuation utilized by the county | ||||||
12 | clerk in the Preceding Tax Year multiplied by the | ||||||
13 | Operating Tax Rate. | ||||||
14 | "Preliminary Percent of Adequacy" is defined in | ||||||
15 | paragraph (2) of subsection (f) of this Section. | ||||||
16 | "Preliminary Resources" is defined in paragraph (2) of | ||||||
17 | subsection (f) of this Section. | ||||||
18 | "Principal" means a school administrator duly endorsed | ||||||
19 | to be employed as a principal in this State. | ||||||
20 | "Professional development" means training programs for | ||||||
21 | licensed staff in schools, including, but not limited to, | ||||||
22 | programs that assist in implementing new curriculum | ||||||
23 | programs, provide data focused or academic assessment data | ||||||
24 | training to help staff identify a student's weaknesses and | ||||||
25 | strengths, target interventions, improve instruction, | ||||||
26 | encompass instructional strategies for English learner, |
| |||||||
| |||||||
1 | gifted, or at-risk students, address inclusivity, cultural | ||||||
2 | sensitivity, or implicit bias, or otherwise provide | ||||||
3 | professional support for licensed staff. | ||||||
4 | "Prototypical" means 450 special education | ||||||
5 | pre-kindergarten and kindergarten through grade 5 students | ||||||
6 | for an elementary school, 450 grade 6 through 8 students | ||||||
7 | for a middle school, and 600 grade 9 through 12 students | ||||||
8 | for a high school. | ||||||
9 | "PTELL" means the Property Tax Extension Limitation | ||||||
10 | Law. | ||||||
11 | "PTELL EAV" is defined in paragraph (4) of subsection | ||||||
12 | (d) of this Section. | ||||||
13 | "Pupil support staff" means a nurse, psychologist, | ||||||
14 | social worker, family liaison personnel, or other staff | ||||||
15 | member who provides support to at-risk or struggling | ||||||
16 | students. | ||||||
17 | "Real Receipts" is defined in paragraph (1) of | ||||||
18 | subsection (d) of this Section. | ||||||
19 | "Regionalization Factor" means, for a particular | ||||||
20 | Organizational Unit, the figure derived by dividing the | ||||||
21 | Organizational Unit CWI by the Statewide Weighted CWI. | ||||||
22 | "School counselor" means a licensed school counselor | ||||||
23 | who provides guidance and counseling support for students | ||||||
24 | within an Organizational Unit. | ||||||
25 | "School site staff" means the primary school secretary | ||||||
26 | and any additional clerical personnel assigned to a |
| |||||||
| |||||||
1 | school. | ||||||
2 | "Special education" means special educational | ||||||
3 | facilities and services, as defined in Section 14-1.08 of | ||||||
4 | this Code. | ||||||
5 | "Special Education Allocation" means the amount of an | ||||||
6 | Organizational Unit's final Adequacy Target attributable | ||||||
7 | to special education divided by the Organizational Unit's | ||||||
8 | final Adequacy Target, the product of which shall be | ||||||
9 | multiplied by the amount of new funding received pursuant | ||||||
10 | to this Section. An Organizational Unit's final Adequacy | ||||||
11 | Target attributable to special education shall include all | ||||||
12 | special education investment adequacy elements. | ||||||
13 | "Specialist teacher" means a teacher who provides | ||||||
14 | instruction in subject areas not included in core | ||||||
15 | subjects, including, but not limited to, art, music, | ||||||
16 | physical education, health, driver education, | ||||||
17 | career-technical education, and such other subject areas | ||||||
18 | as may be mandated by State law or provided by an | ||||||
19 | Organizational Unit. | ||||||
20 | "Specially Funded Unit" means an Alternative School, | ||||||
21 | safe school, Department of Juvenile Justice school, | ||||||
22 | special education cooperative or entity recognized by the | ||||||
23 | State Board as a special education cooperative, | ||||||
24 | State-approved charter school, or alternative learning | ||||||
25 | opportunities program that received direct funding from | ||||||
26 | the State Board during the 2016-2017 school year through |
| |||||||
| |||||||
1 | any of the funding sources included within the calculation | ||||||
2 | of the Base Funding Minimum or Glenwood Academy. | ||||||
3 | "Supplemental Grant Funding" means supplemental | ||||||
4 | general State aid funding received by an Organizational | ||||||
5 | Unit during the 2016-2017 school year pursuant to | ||||||
6 | subsection (H) of Section 18-8.05 of this Code (now | ||||||
7 | repealed). | ||||||
8 | "State Adequacy Level" is the sum of the Adequacy | ||||||
9 | Targets of all Organizational Units. | ||||||
10 | "State Board" means the State Board of Education. | ||||||
11 | "State Superintendent" means the State Superintendent | ||||||
12 | of Education. | ||||||
13 | "Statewide Weighted CWI" means a figure determined by | ||||||
14 | multiplying each Organizational Unit CWI times the ASE for | ||||||
15 | that Organizational Unit creating a weighted value, | ||||||
16 | summing all Organizational Units' weighted values, and | ||||||
17 | dividing by the total ASE of all Organizational Units, | ||||||
18 | thereby creating an average weighted index. | ||||||
19 | "Student activities" means non-credit producing | ||||||
20 | after-school programs, including, but not limited to, | ||||||
21 | clubs, bands, sports, and other activities authorized by | ||||||
22 | the school board of the Organizational Unit. | ||||||
23 | "Substitute teacher" means an individual teacher or | ||||||
24 | teaching assistant who is employed by an Organizational | ||||||
25 | Unit and is temporarily serving the Organizational Unit on | ||||||
26 | a per diem or per period-assignment basis to replace |
| |||||||
| |||||||
1 | another staff member. | ||||||
2 | "Summer school" means academic and enrichment programs | ||||||
3 | provided to students during the summer months outside of | ||||||
4 | the regular school year. | ||||||
5 | "Supervisory aide" means a non-licensed staff member | ||||||
6 | who helps in supervising students of an Organizational | ||||||
7 | Unit, but does so outside of the classroom, in situations | ||||||
8 | such as, but not limited to, monitoring hallways and | ||||||
9 | playgrounds, supervising lunchrooms, or supervising | ||||||
10 | students when being transported in buses serving the | ||||||
11 | Organizational Unit. | ||||||
12 | "Target Ratio" is defined in paragraph (4) of | ||||||
13 | subsection (g). | ||||||
14 | "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined | ||||||
15 | in paragraph (3) of subsection (g). | ||||||
16 | "Tier 1 Aggregate Funding", "Tier 2 Aggregate | ||||||
17 | Funding", "Tier 3 Aggregate Funding", and "Tier 4 | ||||||
18 | Aggregate Funding" are defined in paragraph (1) of | ||||||
19 | subsection (g). | ||||||
20 | (b) Adequacy Target calculation. | ||||||
21 | (1) Each Organizational Unit's Adequacy Target is the | ||||||
22 | sum of the Organizational Unit's cost of providing | ||||||
23 | Essential Elements, as calculated in accordance with this | ||||||
24 | subsection (b), with the salary amounts in the Essential | ||||||
25 | Elements multiplied by a Regionalization Factor calculated | ||||||
26 | pursuant to paragraph (3) of this subsection (b). |
| |||||||
| |||||||
1 | (2) The Essential Elements are attributable on a pro | ||||||
2 | rata basis related to defined subgroups of the ASE of each | ||||||
3 | Organizational Unit as specified in this paragraph (2), | ||||||
4 | with investments and FTE positions pro rata funded based | ||||||
5 | on ASE counts in excess of or less than the thresholds set | ||||||
6 | forth in this paragraph (2). The method for calculating | ||||||
7 | attributable pro rata costs and the defined subgroups | ||||||
8 | thereto are as follows: | ||||||
9 | (A) Core class size investments. Each | ||||||
10 | Organizational Unit shall receive the funding required | ||||||
11 | to support that number of FTE core teacher positions | ||||||
12 | as is needed to keep the respective class sizes of the | ||||||
13 | Organizational Unit to the following maximum numbers: | ||||||
14 | (i) For grades kindergarten through 3, the | ||||||
15 | Organizational Unit shall receive funding required | ||||||
16 | to support one FTE core teacher position for every | ||||||
17 | 15 Low-Income Count students in those grades and | ||||||
18 | one FTE core teacher position for every 20 | ||||||
19 | non-Low-Income Count students in those grades. | ||||||
20 | (ii) For grades 4 through 12, the | ||||||
21 | Organizational Unit shall receive funding required | ||||||
22 | to support one FTE core teacher position for every | ||||||
23 | 20 Low-Income Count students in those grades and | ||||||
24 | one FTE core teacher position for every 25 | ||||||
25 | non-Low-Income Count students in those grades. | ||||||
26 | The number of non-Low-Income Count students in a |
| |||||||
| |||||||
1 | grade shall be determined by subtracting the | ||||||
2 | Low-Income students in that grade from the ASE of the | ||||||
3 | Organizational Unit for that grade. | ||||||
4 | (B) Specialist teacher investments. Each | ||||||
5 | Organizational Unit shall receive the funding needed | ||||||
6 | to cover that number of FTE specialist teacher | ||||||
7 | positions that correspond to the following | ||||||
8 | percentages: | ||||||
9 | (i) if the Organizational Unit operates an | ||||||
10 | elementary or middle school, then 20.00% of the | ||||||
11 | number of the Organizational Unit's core teachers, | ||||||
12 | as determined under subparagraph (A) of this | ||||||
13 | paragraph (2); and | ||||||
14 | (ii) if such Organizational Unit operates a | ||||||
15 | high school, then 33.33% of the number of the | ||||||
16 | Organizational Unit's core teachers. | ||||||
17 | (C) Instructional facilitator investments. Each | ||||||
18 | Organizational Unit shall receive the funding needed | ||||||
19 | to cover one FTE instructional facilitator position | ||||||
20 | for every 200 combined ASE of pre-kindergarten | ||||||
21 | children with disabilities and all kindergarten | ||||||
22 | through grade 12 students of the Organizational Unit. | ||||||
23 | (D) Core intervention teacher (tutor) investments. | ||||||
24 | Each Organizational Unit shall receive the funding | ||||||
25 | needed to cover one FTE teacher position for each | ||||||
26 | prototypical elementary, middle, and high school. |
| |||||||
| |||||||
1 | (E) Substitute teacher investments. Each | ||||||
2 | Organizational Unit shall receive the funding needed | ||||||
3 | to cover substitute teacher costs that is equal to | ||||||
4 | 5.70% of the minimum pupil attendance days required | ||||||
5 | under Section 10-19 of this Code for all full-time | ||||||
6 | equivalent core, specialist, and intervention | ||||||
7 | teachers, school nurses, special education teachers | ||||||
8 | and instructional assistants, instructional | ||||||
9 | facilitators, and summer school and extended day | ||||||
10 | teacher positions, as determined under this paragraph | ||||||
11 | (2), at a salary rate of 33.33% of the average salary | ||||||
12 | for grade K through 12 teachers and 33.33% of the | ||||||
13 | average salary of each instructional assistant | ||||||
14 | position. | ||||||
15 | (F) Core school counselor investments. Each | ||||||
16 | Organizational Unit shall receive the funding needed | ||||||
17 | to cover one FTE school counselor for each 450 | ||||||
18 | combined ASE of pre-kindergarten children with | ||||||
19 | disabilities and all kindergarten through grade 5 | ||||||
20 | students, plus one FTE school counselor for each 250 | ||||||
21 | grades 6 through 8 ASE middle school students, plus | ||||||
22 | one FTE school counselor for each 250 grades 9 through | ||||||
23 | 12 ASE high school students. | ||||||
24 | (G) Nurse investments. Each Organizational Unit | ||||||
25 | shall receive the funding needed to cover one FTE | ||||||
26 | nurse for each 750 combined ASE of pre-kindergarten |
| |||||||
| |||||||
1 | children with disabilities and all kindergarten | ||||||
2 | through grade 12 students across all grade levels it | ||||||
3 | serves. | ||||||
4 | (H) Supervisory aide investments. Each | ||||||
5 | Organizational Unit shall receive the funding needed | ||||||
6 | to cover one FTE for each 225 combined ASE of | ||||||
7 | pre-kindergarten children with disabilities and all | ||||||
8 | kindergarten through grade 5 students, plus one FTE | ||||||
9 | for each 225 ASE middle school students, plus one FTE | ||||||
10 | for each 200 ASE high school students. | ||||||
11 | (I) Librarian investments. Each Organizational | ||||||
12 | Unit shall receive the funding needed to cover one FTE | ||||||
13 | librarian for each prototypical elementary school, | ||||||
14 | middle school, and high school and one FTE aide or | ||||||
15 | media technician for every 300 combined ASE of | ||||||
16 | pre-kindergarten children with disabilities and all | ||||||
17 | kindergarten through grade 12 students. | ||||||
18 | (J) Principal investments. Each Organizational | ||||||
19 | Unit shall receive the funding needed to cover one FTE | ||||||
20 | principal position for each prototypical elementary | ||||||
21 | school, plus one FTE principal position for each | ||||||
22 | prototypical middle school, plus one FTE principal | ||||||
23 | position for each prototypical high school. | ||||||
24 | (K) Assistant principal investments. Each | ||||||
25 | Organizational Unit shall receive the funding needed | ||||||
26 | to cover one FTE assistant principal position for each |
| |||||||
| |||||||
1 | prototypical elementary school, plus one FTE assistant | ||||||
2 | principal position for each prototypical middle | ||||||
3 | school, plus one FTE assistant principal position for | ||||||
4 | each prototypical high school. | ||||||
5 | (L) School site staff investments. Each | ||||||
6 | Organizational Unit shall receive the funding needed | ||||||
7 | for one FTE position for each 225 ASE of | ||||||
8 | pre-kindergarten children with disabilities and all | ||||||
9 | kindergarten through grade 5 students, plus one FTE | ||||||
10 | position for each 225 ASE middle school students, plus | ||||||
11 | one FTE position for each 200 ASE high school | ||||||
12 | students. | ||||||
13 | (M) Gifted investments. Each Organizational Unit | ||||||
14 | shall receive $40 per kindergarten through grade 12 | ||||||
15 | ASE. | ||||||
16 | (N) Professional development investments. Each | ||||||
17 | Organizational Unit shall receive $125 per student of | ||||||
18 | the combined ASE of pre-kindergarten children with | ||||||
19 | disabilities and all kindergarten through grade 12 | ||||||
20 | students for trainers and other professional | ||||||
21 | development-related expenses for supplies and | ||||||
22 | materials. | ||||||
23 | (O) Instructional material investments. Each | ||||||
24 | Organizational Unit shall receive $190 per student of | ||||||
25 | the combined ASE of pre-kindergarten children with | ||||||
26 | disabilities and all kindergarten through grade 12 |
| |||||||
| |||||||
1 | students to cover instructional material costs. | ||||||
2 | (P) Assessment investments. Each Organizational | ||||||
3 | Unit shall receive $25 per student of the combined ASE | ||||||
4 | of pre-kindergarten children with disabilities and all | ||||||
5 | kindergarten through grade 12 students to cover | ||||||
6 | assessment costs. | ||||||
7 | (Q) Computer technology and equipment investments. | ||||||
8 | Each Organizational Unit shall receive $285.50 per | ||||||
9 | student of the combined ASE of pre-kindergarten | ||||||
10 | children with disabilities and all kindergarten | ||||||
11 | through grade 12 students to cover computer technology | ||||||
12 | and equipment costs. For the 2018-2019 school year and | ||||||
13 | subsequent school years, Organizational Units assigned | ||||||
14 | to Tier 1 and Tier 2 in the prior school year shall | ||||||
15 | receive an additional $285.50 per student of the | ||||||
16 | combined ASE of pre-kindergarten children with | ||||||
17 | disabilities and all kindergarten through grade 12 | ||||||
18 | students to cover computer technology and equipment | ||||||
19 | costs in the Organizational Unit's Adequacy Target. | ||||||
20 | The State Board may establish additional requirements | ||||||
21 | for Organizational Unit expenditures of funds received | ||||||
22 | pursuant to this subparagraph (Q), including a | ||||||
23 | requirement that funds received pursuant to this | ||||||
24 | subparagraph (Q) may be used only for serving the | ||||||
25 | technology needs of the district. It is the intent of | ||||||
26 | Public Act 100-465 that all Tier 1 and Tier 2 districts |
| |||||||
| |||||||
1 | receive the addition to their Adequacy Target in the | ||||||
2 | following year, subject to compliance with the | ||||||
3 | requirements of the State Board. | ||||||
4 | (R) Student activities investments. Each | ||||||
5 | Organizational Unit shall receive the following | ||||||
6 | funding amounts to cover student activities: $100 per | ||||||
7 | kindergarten through grade 5 ASE student in elementary | ||||||
8 | school, plus $200 per ASE student in middle school, | ||||||
9 | plus $675 per ASE student in high school. | ||||||
10 | (S) Maintenance and operations investments. Each | ||||||
11 | Organizational Unit shall receive $1,038 per student | ||||||
12 | of the combined ASE of pre-kindergarten children with | ||||||
13 | disabilities and all kindergarten through grade 12 | ||||||
14 | students for day-to-day maintenance and operations | ||||||
15 | expenditures, including salary, supplies, and | ||||||
16 | materials, as well as purchased services, but | ||||||
17 | excluding employee benefits. The proportion of salary | ||||||
18 | for the application of a Regionalization Factor and | ||||||
19 | the calculation of benefits is equal to $352.92. | ||||||
20 | (T) Central office investments. Each | ||||||
21 | Organizational Unit shall receive $742 per student of | ||||||
22 | the combined ASE of pre-kindergarten children with | ||||||
23 | disabilities and all kindergarten through grade 12 | ||||||
24 | students to cover central office operations, including | ||||||
25 | administrators and classified personnel charged with | ||||||
26 | managing the instructional programs, business and |
| |||||||
| |||||||
1 | operations of the school district, and security | ||||||
2 | personnel. The proportion of salary for the | ||||||
3 | application of a Regionalization Factor and the | ||||||
4 | calculation of benefits is equal to $368.48. | ||||||
5 | (U) Employee benefit investments. Each | ||||||
6 | Organizational Unit shall receive 30% of the total of | ||||||
7 | all salary-calculated elements of the Adequacy Target, | ||||||
8 | excluding substitute teachers and student activities | ||||||
9 | investments, to cover benefit costs. For central | ||||||
10 | office and maintenance and operations investments, the | ||||||
11 | benefit calculation shall be based upon the salary | ||||||
12 | proportion of each investment. If at any time the | ||||||
13 | responsibility for funding the employer normal cost of | ||||||
14 | teacher pensions is assigned to school districts, then | ||||||
15 | that amount certified by the Teachers' Retirement | ||||||
16 | System of the State of Illinois to be paid by the | ||||||
17 | Organizational Unit for the preceding school year | ||||||
18 | shall be added to the benefit investment. For any | ||||||
19 | fiscal year in which a school district organized under | ||||||
20 | Article 34 of this Code is responsible for paying the | ||||||
21 | employer normal cost of teacher pensions, then that | ||||||
22 | amount of its employer normal cost plus the amount for | ||||||
23 | retiree health insurance as certified by the Public | ||||||
24 | School Teachers' Pension and Retirement Fund of | ||||||
25 | Chicago to be paid by the school district for the | ||||||
26 | preceding school year that is statutorily required to |
| |||||||
| |||||||
1 | cover employer normal costs and the amount for retiree | ||||||
2 | health insurance shall be added to the 30% specified | ||||||
3 | in this subparagraph (U). The Teachers' Retirement | ||||||
4 | System of the State of Illinois and the Public School | ||||||
5 | Teachers' Pension and Retirement Fund of Chicago shall | ||||||
6 | submit such information as the State Superintendent | ||||||
7 | may require for the calculations set forth in this | ||||||
8 | subparagraph (U). | ||||||
9 | (V) Additional investments in low-income students. | ||||||
10 | In addition to and not in lieu of all other funding | ||||||
11 | under this paragraph (2), each Organizational Unit | ||||||
12 | shall receive funding based on the average teacher | ||||||
13 | salary for grades K through 12 to cover the costs of: | ||||||
14 | (i) one FTE intervention teacher (tutor) | ||||||
15 | position for every 125 Low-Income Count students; | ||||||
16 | (ii) one FTE pupil support staff position for | ||||||
17 | every 125 Low-Income Count students; | ||||||
18 | (iii) one FTE extended day teacher position | ||||||
19 | for every 120 Low-Income Count students; and | ||||||
20 | (iv) one FTE summer school teacher position | ||||||
21 | for every 120 Low-Income Count students. | ||||||
22 | (W) Additional investments in English learner | ||||||
23 | students. In addition to and not in lieu of all other | ||||||
24 | funding under this paragraph (2), each Organizational | ||||||
25 | Unit shall receive funding based on the average | ||||||
26 | teacher salary for grades K through 12 to cover the |
| |||||||
| |||||||
1 | costs of: | ||||||
2 | (i) one FTE intervention teacher (tutor) | ||||||
3 | position for every 125 English learner students; | ||||||
4 | (ii) one FTE pupil support staff position for | ||||||
5 | every 125 English learner students; | ||||||
6 | (iii) one FTE extended day teacher position | ||||||
7 | for every 120 English learner students; | ||||||
8 | (iv) one FTE summer school teacher position | ||||||
9 | for every 120 English learner students; and | ||||||
10 | (v) one FTE core teacher position for every | ||||||
11 | 100 English learner students. | ||||||
12 | (X) Special education investments. Each | ||||||
13 | Organizational Unit shall receive funding based on the | ||||||
14 | average teacher salary for grades K through 12 to | ||||||
15 | cover special education as follows: | ||||||
16 | (i) one FTE teacher position for every 141 | ||||||
17 | combined ASE of pre-kindergarten children with | ||||||
18 | disabilities and all kindergarten through grade 12 | ||||||
19 | students; | ||||||
20 | (ii) one FTE instructional assistant for every | ||||||
21 | 141 combined ASE of pre-kindergarten children with | ||||||
22 | disabilities and all kindergarten through grade 12 | ||||||
23 | students; and | ||||||
24 | (iii) one FTE psychologist position for every | ||||||
25 | 1,000 combined ASE of pre-kindergarten children | ||||||
26 | with disabilities and all kindergarten through |
| |||||||
| |||||||
1 | grade 12 students. | ||||||
2 | (3) For calculating the salaries included within the | ||||||
3 | Essential Elements, the State Superintendent shall | ||||||
4 | annually calculate average salaries to the nearest dollar | ||||||
5 | using the employment information system data maintained by | ||||||
6 | the State Board, limited to public schools only and | ||||||
7 | excluding special education and vocational cooperatives, | ||||||
8 | schools operated by the Department of Juvenile Justice, | ||||||
9 | and charter schools, for the following positions: | ||||||
10 | (A) Teacher for grades K through 8. | ||||||
11 | (B) Teacher for grades 9 through 12. | ||||||
12 | (C) Teacher for grades K through 12. | ||||||
13 | (D) School counselor for grades K through 8. | ||||||
14 | (E) School counselor for grades 9 through 12. | ||||||
15 | (F) School counselor for grades K through 12. | ||||||
16 | (G) Social worker. | ||||||
17 | (H) Psychologist. | ||||||
18 | (I) Librarian. | ||||||
19 | (J) Nurse. | ||||||
20 | (K) Principal. | ||||||
21 | (L) Assistant principal. | ||||||
22 | For the purposes of this paragraph (3), "teacher" | ||||||
23 | includes core teachers, specialist and elective teachers, | ||||||
24 | instructional facilitators, tutors, special education | ||||||
25 | teachers, pupil support staff teachers, English learner | ||||||
26 | teachers, extended day teachers, and summer school |
| |||||||
| |||||||
1 | teachers. Where specific grade data is not required for | ||||||
2 | the Essential Elements, the average salary for | ||||||
3 | corresponding positions shall apply. For substitute | ||||||
4 | teachers, the average teacher salary for grades K through | ||||||
5 | 12 shall apply. | ||||||
6 | For calculating the salaries included within the | ||||||
7 | Essential Elements for positions not included within EIS | ||||||
8 | Data, the following salaries shall be used in the first | ||||||
9 | year of implementation of Evidence-Based Funding: | ||||||
10 | (i) school site staff, $30,000; and | ||||||
11 | (ii) non-instructional assistant, instructional | ||||||
12 | assistant, library aide, library media tech, or | ||||||
13 | supervisory aide: $25,000. | ||||||
14 | In the second and subsequent years of implementation | ||||||
15 | of Evidence-Based Funding, the amounts in items (i) and | ||||||
16 | (ii) of this paragraph (3) shall annually increase by the | ||||||
17 | ECI. | ||||||
18 | The salary amounts for the Essential Elements | ||||||
19 | determined pursuant to subparagraphs (A) through (L), (S) | ||||||
20 | and (T), and (V) through (X) of paragraph (2) of | ||||||
21 | subsection (b) of this Section shall be multiplied by a | ||||||
22 | Regionalization Factor. | ||||||
23 | (c) Local Capacity calculation. | ||||||
24 | (1) Each Organizational Unit's Local Capacity | ||||||
25 | represents an amount of funding it is assumed to | ||||||
26 | contribute toward its Adequacy Target for purposes of the |
| |||||||
| |||||||
1 | Evidence-Based Funding formula calculation. "Local | ||||||
2 | Capacity" means either (i) the Organizational Unit's Local | ||||||
3 | Capacity Target as calculated in accordance with paragraph | ||||||
4 | (2) of this subsection (c) if its Real Receipts are equal | ||||||
5 | to or less than its Local Capacity Target or (ii) the | ||||||
6 | Organizational Unit's Adjusted Local Capacity, as | ||||||
7 | calculated in accordance with paragraph (3) of this | ||||||
8 | subsection (c) if Real Receipts are more than its Local | ||||||
9 | Capacity Target. | ||||||
10 | (2) "Local Capacity Target" means, for an | ||||||
11 | Organizational Unit, that dollar amount that is obtained | ||||||
12 | by multiplying its Adequacy Target by its Local Capacity | ||||||
13 | Ratio. | ||||||
14 | (A) An Organizational Unit's Local Capacity | ||||||
15 | Percentage is the conversion of the Organizational | ||||||
16 | Unit's Local Capacity Ratio, as such ratio is | ||||||
17 | determined in accordance with subparagraph (B) of this | ||||||
18 | paragraph (2), into a cumulative distribution | ||||||
19 | resulting in a percentile ranking to determine each | ||||||
20 | Organizational Unit's relative position to all other | ||||||
21 | Organizational Units in this State. The calculation of | ||||||
22 | Local Capacity Percentage is described in subparagraph | ||||||
23 | (C) of this paragraph (2). | ||||||
24 | (B) An Organizational Unit's Local Capacity Ratio | ||||||
25 | in a given year is the percentage obtained by dividing | ||||||
26 | its Adjusted EAV or PTELL EAV, whichever is less, by |
| |||||||
| |||||||
1 | its Adequacy Target, with the resulting ratio further | ||||||
2 | adjusted as follows: | ||||||
3 | (i) for Organizational Units serving grades | ||||||
4 | kindergarten through 12 and Hybrid Districts, no | ||||||
5 | further adjustments shall be made; | ||||||
6 | (ii) for Organizational Units serving grades | ||||||
7 | kindergarten through 8, the ratio shall be | ||||||
8 | multiplied by 9/13; | ||||||
9 | (iii) for Organizational Units serving grades | ||||||
10 | 9 through 12, the Local Capacity Ratio shall be | ||||||
11 | multiplied by 4/13; and | ||||||
12 | (iv) for an Organizational Unit with a | ||||||
13 | different grade configuration than those specified | ||||||
14 | in items (i) through (iii) of this subparagraph | ||||||
15 | (B), the State Superintendent shall determine a | ||||||
16 | comparable adjustment based on the grades served. | ||||||
17 | (C) The Local Capacity Percentage is equal to the | ||||||
18 | percentile ranking of the district. Local Capacity | ||||||
19 | Percentage converts each Organizational Unit's Local | ||||||
20 | Capacity Ratio to a cumulative distribution resulting | ||||||
21 | in a percentile ranking to determine each | ||||||
22 | Organizational Unit's relative position to all other | ||||||
23 | Organizational Units in this State. The Local Capacity | ||||||
24 | Percentage cumulative distribution resulting in a | ||||||
25 | percentile ranking for each Organizational Unit shall | ||||||
26 | be calculated using the standard normal distribution |
| |||||||
| |||||||
1 | of the score in relation to the weighted mean and | ||||||
2 | weighted standard deviation and Local Capacity Ratios | ||||||
3 | of all Organizational Units. If the value assigned to | ||||||
4 | any Organizational Unit is in excess of 90%, the value | ||||||
5 | shall be adjusted to 90%. For Laboratory Schools, the | ||||||
6 | Local Capacity Percentage shall be set at 10% in
| ||||||
7 | recognition of the absence of EAV and resources from | ||||||
8 | the public university that are allocated to
the | ||||||
9 | Laboratory School. For programs operated by a regional | ||||||
10 | office of education or an intermediate service center, | ||||||
11 | the Local Capacity Percentage must be set at 10% in | ||||||
12 | recognition of the absence of EAV and resources from | ||||||
13 | school districts that are allocated to the regional | ||||||
14 | office of education or intermediate service center. | ||||||
15 | The weighted mean for the Local Capacity Percentage | ||||||
16 | shall be determined by multiplying each Organizational | ||||||
17 | Unit's Local Capacity Ratio times the ASE for the unit | ||||||
18 | creating a weighted value, summing the weighted values | ||||||
19 | of all Organizational Units, and dividing by the total | ||||||
20 | ASE of all Organizational Units. The weighted standard | ||||||
21 | deviation shall be determined by taking the square | ||||||
22 | root of the weighted variance of all Organizational | ||||||
23 | Units' Local Capacity Ratio, where the variance is | ||||||
24 | calculated by squaring the difference between each | ||||||
25 | unit's Local Capacity Ratio and the weighted mean, | ||||||
26 | then multiplying the variance for each unit times the |
| |||||||
| |||||||
1 | ASE for the unit to create a weighted variance for each | ||||||
2 | unit, then summing all units' weighted variance and | ||||||
3 | dividing by the total ASE of all units. | ||||||
4 | (D) For any Organizational Unit, the | ||||||
5 | Organizational Unit's Adjusted Local Capacity Target | ||||||
6 | shall be reduced by either (i) the school board's | ||||||
7 | remaining contribution pursuant to paragraph (ii) of | ||||||
8 | subsection (b-4) of Section 16-158 of the Illinois | ||||||
9 | Pension Code in a given year or (ii) the board of | ||||||
10 | education's remaining contribution pursuant to | ||||||
11 | paragraph (iv) of subsection (b) of Section 17-129 of | ||||||
12 | the Illinois Pension Code absent the employer normal | ||||||
13 | cost portion of the required contribution and amount | ||||||
14 | allowed pursuant to subdivision (3) of Section | ||||||
15 | 17-142.1 of the Illinois Pension Code in a given year. | ||||||
16 | In the preceding sentence, item (i) shall be certified | ||||||
17 | to the State Board of Education by the Teachers' | ||||||
18 | Retirement System of the State of Illinois and item | ||||||
19 | (ii) shall be certified to the State Board of | ||||||
20 | Education by the Public School Teachers' Pension and | ||||||
21 | Retirement Fund of the City of Chicago. | ||||||
22 | (3) If an Organizational Unit's Real Receipts are more | ||||||
23 | than its Local Capacity Target, then its Local Capacity | ||||||
24 | shall equal an Adjusted Local Capacity Target as | ||||||
25 | calculated in accordance with this paragraph (3). The | ||||||
26 | Adjusted Local Capacity Target is calculated as the sum of |
| |||||||
| |||||||
1 | the Organizational Unit's Local Capacity Target and its | ||||||
2 | Real Receipts Adjustment. The Real Receipts Adjustment | ||||||
3 | equals the Organizational Unit's Real Receipts less its | ||||||
4 | Local Capacity Target, with the resulting figure | ||||||
5 | multiplied by the Local Capacity Percentage. | ||||||
6 | As used in this paragraph (3), "Real Percent of | ||||||
7 | Adequacy" means the sum of an Organizational Unit's Real | ||||||
8 | Receipts, CPPRT, and Base Funding Minimum, with the | ||||||
9 | resulting figure divided by the Organizational Unit's | ||||||
10 | Adequacy Target. | ||||||
11 | (d) Calculation of Real Receipts, EAV, and Adjusted EAV | ||||||
12 | for purposes of the Local Capacity calculation. | ||||||
13 | (1) An Organizational Unit's Real Receipts are the | ||||||
14 | product of its Applicable Tax Rate and its Adjusted EAV. | ||||||
15 | An Organizational Unit's Applicable Tax Rate is its | ||||||
16 | Adjusted Operating Tax Rate for property within the | ||||||
17 | Organizational Unit. | ||||||
18 | (2) The State Superintendent shall calculate the | ||||||
19 | equalized assessed valuation, or EAV, of all taxable | ||||||
20 | property of each Organizational Unit as of September 30 of | ||||||
21 | the previous year in accordance with paragraph (3) of this | ||||||
22 | subsection (d). The State Superintendent shall then | ||||||
23 | determine the Adjusted EAV of each Organizational Unit in | ||||||
24 | accordance with paragraph (4) of this subsection (d), | ||||||
25 | which Adjusted EAV figure shall be used for the purposes | ||||||
26 | of calculating Local Capacity. |
| |||||||
| |||||||
1 | (3) To calculate Real Receipts and EAV, the Department | ||||||
2 | of Revenue shall supply to the State Superintendent the | ||||||
3 | value as equalized or assessed by the Department of | ||||||
4 | Revenue of all taxable property of every Organizational | ||||||
5 | Unit, together with (i) the applicable tax rate used in | ||||||
6 | extending taxes for the funds of the Organizational Unit | ||||||
7 | as of September 30 of the previous year and (ii) the | ||||||
8 | limiting rate for all Organizational Units subject to | ||||||
9 | property tax extension limitations as imposed under PTELL. | ||||||
10 | (A) The Department of Revenue shall add to the | ||||||
11 | equalized assessed value of all taxable property of | ||||||
12 | each Organizational Unit situated entirely or | ||||||
13 | partially within a county that is or was subject to the | ||||||
14 | provisions of Section 15-176 or 15-177 of the Property | ||||||
15 | Tax Code (i) an amount equal to the total amount by | ||||||
16 | which the homestead exemption allowed under Section | ||||||
17 | 15-176 or 15-177 of the Property Tax Code for real | ||||||
18 | property situated in that Organizational Unit exceeds | ||||||
19 | the total amount that would have been allowed in that | ||||||
20 | Organizational Unit if the maximum reduction under | ||||||
21 | Section 15-176 was (I) $4,500 in Cook County or $3,500 | ||||||
22 | in all other counties in tax year 2003 or (II) $5,000 | ||||||
23 | in all counties in tax year 2004 and thereafter and | ||||||
24 | (ii) an amount equal to the aggregate amount for the | ||||||
25 | taxable year of all additional exemptions under | ||||||
26 | Section 15-175 of the Property Tax Code for owners |
| |||||||
| |||||||
1 | with a household income of $30,000 or less. The county | ||||||
2 | clerk of any county that is or was subject to the | ||||||
3 | provisions of Section 15-176 or 15-177 of the Property | ||||||
4 | Tax Code shall annually calculate and certify to the | ||||||
5 | Department of Revenue for each Organizational Unit all | ||||||
6 | homestead exemption amounts under Section 15-176 or | ||||||
7 | 15-177 of the Property Tax Code and all amounts of | ||||||
8 | additional exemptions under Section 15-175 of the | ||||||
9 | Property Tax Code for owners with a household income | ||||||
10 | of $30,000 or less. It is the intent of this | ||||||
11 | subparagraph (A) that if the general homestead | ||||||
12 | exemption for a parcel of property is determined under | ||||||
13 | Section 15-176 or 15-177 of the Property Tax Code | ||||||
14 | rather than Section 15-175, then the calculation of | ||||||
15 | EAV shall not be affected by the difference, if any, | ||||||
16 | between the amount of the general homestead exemption | ||||||
17 | allowed for that parcel of property under Section | ||||||
18 | 15-176 or 15-177 of the Property Tax Code and the | ||||||
19 | amount that would have been allowed had the general | ||||||
20 | homestead exemption for that parcel of property been | ||||||
21 | determined under Section 15-175 of the Property Tax | ||||||
22 | Code. It is further the intent of this subparagraph | ||||||
23 | (A) that if additional exemptions are allowed under | ||||||
24 | Section 15-175 of the Property Tax Code for owners | ||||||
25 | with a household income of less than $30,000, then the | ||||||
26 | calculation of EAV shall not be affected by the |
| |||||||
| |||||||
1 | difference, if any, because of those additional | ||||||
2 | exemptions. | ||||||
3 | (B) With respect to any part of an Organizational | ||||||
4 | Unit within a redevelopment project area in respect to | ||||||
5 | which a municipality has adopted tax increment | ||||||
6 | allocation financing pursuant to the Tax Increment | ||||||
7 | Allocation Redevelopment Act, Division 74.4 of Article | ||||||
8 | 11 of the Illinois Municipal Code, or the Industrial | ||||||
9 | Jobs Recovery Law, Division 74.6 of Article 11 of the | ||||||
10 | Illinois Municipal Code, no part of the current EAV of | ||||||
11 | real property located in any such project area that is | ||||||
12 | attributable to an increase above the total initial | ||||||
13 | EAV of such property shall be used as part of the EAV | ||||||
14 | of the Organizational Unit, until such time as all | ||||||
15 | redevelopment project costs have been paid, as | ||||||
16 | provided in Section 11-74.4-8 of the Tax Increment | ||||||
17 | Allocation Redevelopment Act or in Section 11-74.6-35 | ||||||
18 | of the Industrial Jobs Recovery Law. For the purpose | ||||||
19 | of the EAV of the Organizational Unit, the total | ||||||
20 | initial EAV or the current EAV, whichever is lower, | ||||||
21 | shall be used until such time as all redevelopment | ||||||
22 | project costs have been paid. | ||||||
23 | (B-5) The real property equalized assessed | ||||||
24 | valuation for a school district shall be adjusted by | ||||||
25 | subtracting from the real property value, as equalized | ||||||
26 | or assessed by the Department of Revenue, for the |
| |||||||
| |||||||
1 | district an amount computed by dividing the amount of | ||||||
2 | any abatement of taxes under Section 18-170 of the | ||||||
3 | Property Tax Code by 3.00% for a district maintaining | ||||||
4 | grades kindergarten through 12, by 2.30% for a | ||||||
5 | district maintaining grades kindergarten through 8, or | ||||||
6 | by 1.05% for a district maintaining grades 9 through | ||||||
7 | 12 and adjusted by an amount computed by dividing the | ||||||
8 | amount of any abatement of taxes under subsection (a) | ||||||
9 | of Section 18-165 of the Property Tax Code by the same | ||||||
10 | percentage rates for district type as specified in | ||||||
11 | this subparagraph (B-5). | ||||||
12 | (C) For Organizational Units that are Hybrid | ||||||
13 | Districts, the State Superintendent shall use the | ||||||
14 | lesser of the adjusted equalized assessed valuation | ||||||
15 | for property within the partial elementary unit | ||||||
16 | district for elementary purposes, as defined in | ||||||
17 | Article 11E of this Code, or the adjusted equalized | ||||||
18 | assessed valuation for property within the partial | ||||||
19 | elementary unit district for high school purposes, as | ||||||
20 | defined in Article 11E of this Code. | ||||||
21 | (4) An Organizational Unit's Adjusted EAV shall be the | ||||||
22 | average of its EAV over the immediately preceding 3 years | ||||||
23 | or its EAV in the immediately preceding year if the EAV in | ||||||
24 | the immediately preceding year has declined by 10% or more | ||||||
25 | compared to the 3-year average. In the event of | ||||||
26 | Organizational Unit reorganization, consolidation, or |
| |||||||
| |||||||
1 | annexation, the Organizational Unit's Adjusted EAV for the | ||||||
2 | first 3 years after such change shall be as follows: the | ||||||
3 | most current EAV shall be used in the first year, the | ||||||
4 | average of a 2-year EAV or its EAV in the immediately | ||||||
5 | preceding year if the EAV declines by 10% or more compared | ||||||
6 | to the 2-year average for the second year, and a 3-year | ||||||
7 | average EAV or its EAV in the immediately preceding year | ||||||
8 | if the Adjusted EAV declines by 10% or more compared to the | ||||||
9 | 3-year average for the third year. For any school district | ||||||
10 | whose EAV in the immediately preceding year is used in | ||||||
11 | calculations, in the following year, the Adjusted EAV | ||||||
12 | shall be the average of its EAV over the immediately | ||||||
13 | preceding 2 years or the immediately preceding year if | ||||||
14 | that year represents a decline of 10% or more compared to | ||||||
15 | the 2-year average. | ||||||
16 | "PTELL EAV" means a figure calculated by the State | ||||||
17 | Board for Organizational Units subject to PTELL as | ||||||
18 | described in this paragraph (4) for the purposes of | ||||||
19 | calculating an Organizational Unit's Local Capacity Ratio. | ||||||
20 | Except as otherwise provided in this paragraph (4), the | ||||||
21 | PTELL EAV of an Organizational Unit shall be equal to the | ||||||
22 | product of the equalized assessed valuation last used in | ||||||
23 | the calculation of general State aid under Section 18-8.05 | ||||||
24 | of this Code (now repealed) or Evidence-Based Funding | ||||||
25 | under this Section and the Organizational Unit's Extension | ||||||
26 | Limitation Ratio. If an Organizational Unit has approved |
| |||||||
| |||||||
1 | or does approve an increase in its limiting rate, pursuant | ||||||
2 | to Section 18-190 of the Property Tax Code, affecting the | ||||||
3 | Base Tax Year, the PTELL EAV shall be equal to the product | ||||||
4 | of the equalized assessed valuation last used in the | ||||||
5 | calculation of general State aid under Section 18-8.05 of | ||||||
6 | this Code (now repealed) or Evidence-Based Funding under | ||||||
7 | this Section multiplied by an amount equal to one plus the | ||||||
8 | percentage increase, if any, in the Consumer Price Index | ||||||
9 | for All Urban Consumers for all items published by the | ||||||
10 | United States Department of Labor for the 12-month | ||||||
11 | calendar year preceding the Base Tax Year, plus the | ||||||
12 | equalized assessed valuation of new property, annexed | ||||||
13 | property, and recovered tax increment value and minus the | ||||||
14 | equalized assessed valuation of disconnected property. | ||||||
15 | As used in this paragraph (4), "new property" and | ||||||
16 | "recovered tax increment value" shall have the meanings | ||||||
17 | set forth in the Property Tax Extension Limitation Law. | ||||||
18 | (e) Base Funding Minimum calculation. | ||||||
19 | (1) For the 2017-2018 school year, the Base Funding | ||||||
20 | Minimum of an Organizational Unit or a Specially Funded | ||||||
21 | Unit shall be the amount of State funds distributed to the | ||||||
22 | Organizational Unit or Specially Funded Unit during the | ||||||
23 | 2016-2017 school year prior to any adjustments and | ||||||
24 | specified appropriation amounts described in this | ||||||
25 | paragraph (1) from the following Sections, as calculated | ||||||
26 | by the State Superintendent: Section 18-8.05 of this Code |
| |||||||
| |||||||
1 | (now repealed); Section 5 of Article 224 of Public Act | ||||||
2 | 99-524 (equity grants); Section 14-7.02b of this Code | ||||||
3 | (funding for children requiring special education | ||||||
4 | services); Section 14-13.01 of this Code (special | ||||||
5 | education facilities and staffing), except for | ||||||
6 | reimbursement of the cost of transportation pursuant to | ||||||
7 | Section 14-13.01; Section 14C-12 of this Code (English | ||||||
8 | learners); and Section 18-4.3 of this Code (summer | ||||||
9 | school), based on an appropriation level of $13,121,600. | ||||||
10 | For a school district organized under Article 34 of this | ||||||
11 | Code, the Base Funding Minimum also includes (i) the funds | ||||||
12 | allocated to the school district pursuant to Section 1D-1 | ||||||
13 | of this Code attributable to funding programs authorized | ||||||
14 | by the Sections of this Code listed in the preceding | ||||||
15 | sentence and (ii) the difference between (I) the funds | ||||||
16 | allocated to the school district pursuant to Section 1D-1 | ||||||
17 | of this Code attributable to the funding programs | ||||||
18 | authorized by Section 14-7.02 (non-public special | ||||||
19 | education reimbursement), subsection (b) of Section | ||||||
20 | 14-13.01 (special education transportation), Section 29-5 | ||||||
21 | (transportation), Section 2-3.80 (agricultural | ||||||
22 | education), Section 2-3.66 (truants' alternative | ||||||
23 | education), Section 2-3.62 (educational service centers), | ||||||
24 | and Section 14-7.03 (special education - orphanage) of | ||||||
25 | this Code and Section 15 of the Childhood Hunger Relief | ||||||
26 | Act (free breakfast program) and (II) the school |
| |||||||
| |||||||
1 | district's actual expenditures for its non-public special | ||||||
2 | education, special education transportation, | ||||||
3 | transportation programs, agricultural education, truants' | ||||||
4 | alternative education, services that would otherwise be | ||||||
5 | performed by a regional office of education, special | ||||||
6 | education orphanage expenditures, and free breakfast, as | ||||||
7 | most recently calculated and reported pursuant to | ||||||
8 | subsection (f) of Section 1D-1 of this Code. The Base | ||||||
9 | Funding Minimum for Glenwood Academy shall be $625,500. | ||||||
10 | For programs operated by a regional office of education or | ||||||
11 | an intermediate service center, the Base Funding Minimum | ||||||
12 | must be the total amount of State funds allocated to those | ||||||
13 | programs in the 2018-2019 school year and amounts provided | ||||||
14 | pursuant to Article 34 of Public Act 100-586 and Section | ||||||
15 | 3-16 of this Code. All programs established after June 5, | ||||||
16 | 2019 (the effective date of Public Act 101-10) and | ||||||
17 | administered by a regional office of education or an | ||||||
18 | intermediate service center must have an initial Base | ||||||
19 | Funding Minimum set to an amount equal to the first-year | ||||||
20 | ASE multiplied by the amount of per pupil funding received | ||||||
21 | in the previous school year by the lowest funded similar | ||||||
22 | existing program type. If the enrollment for a program | ||||||
23 | operated by a regional office of education or an | ||||||
24 | intermediate service center is zero, then it may not | ||||||
25 | receive Base Funding Minimum funds for that program in the | ||||||
26 | next fiscal year, and those funds must be distributed to |
| |||||||
| |||||||
1 | Organizational Units under subsection (g). | ||||||
2 | (2) For the 2018-2019 and subsequent school years, the | ||||||
3 | Base Funding Minimum of Organizational Units and Specially | ||||||
4 | Funded Units shall be the sum of (i) the amount of | ||||||
5 | Evidence-Based Funding for the prior school year, (ii) the | ||||||
6 | Base Funding Minimum for the prior school year, and (iii) | ||||||
7 | any amount received by a school district pursuant to | ||||||
8 | Section 7 of Article 97 of Public Act 100-21. | ||||||
9 | (3) Subject to approval by the General Assembly as | ||||||
10 | provided in this paragraph (3), an Organizational Unit | ||||||
11 | that meets all of the following criteria, as determined by | ||||||
12 | the State Board, shall have District Intervention Money | ||||||
13 | added to its Base Funding Minimum at the time the Base | ||||||
14 | Funding Minimum is calculated by the State Board: | ||||||
15 | (A) The Organizational Unit is operating under an | ||||||
16 | Independent Authority under Section 2-3.25f-5 of this | ||||||
17 | Code for a minimum of 4 school years or is subject to | ||||||
18 | the control of the State Board pursuant to a court | ||||||
19 | order for a minimum of 4 school years. | ||||||
20 | (B) The Organizational Unit was designated as a | ||||||
21 | Tier 1 or Tier 2 Organizational Unit in the previous | ||||||
22 | school year under paragraph (3) of subsection (g) of | ||||||
23 | this Section. | ||||||
24 | (C) The Organizational Unit demonstrates | ||||||
25 | sustainability through a 5-year financial and | ||||||
26 | strategic plan. |
| |||||||
| |||||||
1 | (D) The Organizational Unit has made sufficient | ||||||
2 | progress and achieved sufficient stability in the | ||||||
3 | areas of governance, academic growth, and finances. | ||||||
4 | As part of its determination under this paragraph (3), | ||||||
5 | the State Board may consider the Organizational Unit's | ||||||
6 | summative designation, any accreditations of the | ||||||
7 | Organizational Unit, or the Organizational Unit's | ||||||
8 | financial profile, as calculated by the State Board. | ||||||
9 | If the State Board determines that an Organizational | ||||||
10 | Unit has met the criteria set forth in this paragraph (3), | ||||||
11 | it must submit a report to the General Assembly, no later | ||||||
12 | than January 2 of the fiscal year in which the State Board | ||||||
13 | makes it determination, on the amount of District | ||||||
14 | Intervention Money to add to the Organizational Unit's | ||||||
15 | Base Funding Minimum. The General Assembly must review the | ||||||
16 | State Board's report and may approve or disapprove, by | ||||||
17 | joint resolution, the addition of District Intervention | ||||||
18 | Money. If the General Assembly fails to act on the report | ||||||
19 | within 40 calendar days from the receipt of the report, | ||||||
20 | the addition of District Intervention Money is deemed | ||||||
21 | approved. If the General Assembly approves the amount of | ||||||
22 | District Intervention Money to be added to the | ||||||
23 | Organizational Unit's Base Funding Minimum, the District | ||||||
24 | Intervention Money must be added to the Base Funding | ||||||
25 | Minimum annually thereafter. | ||||||
26 | For the first 4 years following the initial year that |
| |||||||
| |||||||
1 | the State Board determines that an Organizational Unit has | ||||||
2 | met the criteria set forth in this paragraph (3) and has | ||||||
3 | received funding under this Section, the Organizational | ||||||
4 | Unit must annually submit to the State Board, on or before | ||||||
5 | November 30, a progress report regarding its financial and | ||||||
6 | strategic plan under subparagraph (C) of this paragraph | ||||||
7 | (3). The plan shall include the financial data from the | ||||||
8 | past 4 annual financial reports or financial audits that | ||||||
9 | must be presented to the State Board by November 15 of each | ||||||
10 | year and the approved budget financial data for the | ||||||
11 | current year. The plan shall be developed according to the | ||||||
12 | guidelines presented to the Organizational Unit by the | ||||||
13 | State Board. The plan shall further include financial | ||||||
14 | projections for the next 3 fiscal years and include a | ||||||
15 | discussion and financial summary of the Organizational | ||||||
16 | Unit's facility needs. If the Organizational Unit does not | ||||||
17 | demonstrate sufficient progress toward its 5-year plan or | ||||||
18 | if it has failed to file an annual financial report, an | ||||||
19 | annual budget, a financial plan, a deficit reduction plan, | ||||||
20 | or other financial information as required by law, the | ||||||
21 | State Board may establish a Financial Oversight Panel | ||||||
22 | under Article 1H of this Code. However, if the | ||||||
23 | Organizational Unit already has a Financial Oversight | ||||||
24 | Panel, the State Board may extend the duration of the | ||||||
25 | Panel. | ||||||
26 | (f) Percent of Adequacy and Final Resources calculation. |
| |||||||
| |||||||
1 | (1) The Evidence-Based Funding formula establishes a | ||||||
2 | Percent of Adequacy for each Organizational Unit in order | ||||||
3 | to place such units into tiers for the purposes of the | ||||||
4 | funding distribution system described in subsection (g) of | ||||||
5 | this Section. Initially, an Organizational Unit's | ||||||
6 | Preliminary Resources and Preliminary Percent of Adequacy | ||||||
7 | are calculated pursuant to paragraph (2) of this | ||||||
8 | subsection (f). Then, an Organizational Unit's Final | ||||||
9 | Resources and Final Percent of Adequacy are calculated to | ||||||
10 | account for the Organizational Unit's poverty | ||||||
11 | concentration levels pursuant to paragraphs (3) and (4) of | ||||||
12 | this subsection (f). | ||||||
13 | (2) An Organizational Unit's Preliminary Resources are | ||||||
14 | equal to the sum of its Local Capacity Target, CPPRT, and | ||||||
15 | Base Funding Minimum. An Organizational Unit's Preliminary | ||||||
16 | Percent of Adequacy is the lesser of (i) its Preliminary | ||||||
17 | Resources divided by its Adequacy Target or (ii) 100%. | ||||||
18 | (3) Except for Specially Funded Units, an | ||||||
19 | Organizational Unit's Final Resources are equal to the sum | ||||||
20 | of its Local Capacity, CPPRT, and Adjusted Base Funding | ||||||
21 | Minimum. The Base Funding Minimum of each Specially Funded | ||||||
22 | Unit shall serve as its Final Resources, except that the | ||||||
23 | Base Funding Minimum for State-approved charter schools | ||||||
24 | shall not include any portion of general State aid | ||||||
25 | allocated in the prior year based on the per capita | ||||||
26 | tuition charge times the charter school enrollment. |
| |||||||
| |||||||
1 | (4) An Organizational Unit's Final Percent of Adequacy | ||||||
2 | is its Final Resources divided by its Adequacy Target. An | ||||||
3 | Organizational Unit's Adjusted Base Funding Minimum is | ||||||
4 | equal to its Base Funding Minimum less its Supplemental | ||||||
5 | Grant Funding, with the resulting figure added to the | ||||||
6 | product of its Supplemental Grant Funding and Preliminary | ||||||
7 | Percent of Adequacy. | ||||||
8 | (g) Evidence-Based Funding formula distribution system. | ||||||
9 | (1) In each school year under the Evidence-Based | ||||||
10 | Funding formula, each Organizational Unit receives funding | ||||||
11 | equal to the sum of its Base Funding Minimum and the unit's | ||||||
12 | allocation of New State Funds determined pursuant to this | ||||||
13 | subsection (g). To allocate New State Funds, the | ||||||
14 | Evidence-Based Funding formula distribution system first | ||||||
15 | places all Organizational Units into one of 4 tiers in | ||||||
16 | accordance with paragraph (3) of this subsection (g), | ||||||
17 | based on the Organizational Unit's Final Percent of | ||||||
18 | Adequacy. New State Funds are allocated to each of the 4 | ||||||
19 | tiers as follows: Tier 1 Aggregate Funding equals 50% of | ||||||
20 | all New State Funds, Tier 2 Aggregate Funding equals 49% | ||||||
21 | of all New State Funds, Tier 3 Aggregate Funding equals | ||||||
22 | 0.9% of all New State Funds, and Tier 4 Aggregate Funding | ||||||
23 | equals 0.1% of all New State Funds. Each Organizational | ||||||
24 | Unit within Tier 1 or Tier 2 receives an allocation of New | ||||||
25 | State Funds equal to its tier Funding Gap, as defined in | ||||||
26 | the following sentence, multiplied by the tier's |
| |||||||
| |||||||
1 | Allocation Rate determined pursuant to paragraph (4) of | ||||||
2 | this subsection (g). For Tier 1, an Organizational Unit's | ||||||
3 | Funding Gap equals the tier's Target Ratio, as specified | ||||||
4 | in paragraph (5) of this subsection (g), multiplied by the | ||||||
5 | Organizational Unit's Adequacy Target, with the resulting | ||||||
6 | amount reduced by the Organizational Unit's Final | ||||||
7 | Resources. For Tier 2, an Organizational Unit's Funding | ||||||
8 | Gap equals the tier's Target Ratio, as described in | ||||||
9 | paragraph (5) of this subsection (g), multiplied by the | ||||||
10 | Organizational Unit's Adequacy Target, with the resulting | ||||||
11 | amount reduced by the Organizational Unit's Final | ||||||
12 | Resources and its Tier 1 funding allocation. To determine | ||||||
13 | the Organizational Unit's Funding Gap, the resulting | ||||||
14 | amount is then multiplied by a factor equal to one minus | ||||||
15 | the Organizational Unit's Local Capacity Target | ||||||
16 | percentage. Each Organizational Unit within Tier 3 or Tier | ||||||
17 | 4 receives an allocation of New State Funds equal to the | ||||||
18 | product of its Adequacy Target and the tier's Allocation | ||||||
19 | Rate, as specified in paragraph (4) of this subsection | ||||||
20 | (g). | ||||||
21 | (2) To ensure equitable distribution of dollars for | ||||||
22 | all Tier 2 Organizational Units, no Tier 2 Organizational | ||||||
23 | Unit shall receive fewer dollars per ASE than any Tier 3 | ||||||
24 | Organizational Unit. Each Tier 2 and Tier 3 Organizational | ||||||
25 | Unit shall have its funding allocation divided by its ASE. | ||||||
26 | Any Tier 2 Organizational Unit with a funding allocation |
| |||||||
| |||||||
1 | per ASE below the greatest Tier 3 allocation per ASE shall | ||||||
2 | get a funding allocation equal to the greatest Tier 3 | ||||||
3 | funding allocation per ASE multiplied by the | ||||||
4 | Organizational Unit's ASE. Each Tier 2 Organizational | ||||||
5 | Unit's Tier 2 funding allocation shall be multiplied by | ||||||
6 | the percentage calculated by dividing the original Tier 2 | ||||||
7 | Aggregate Funding by the sum of all Tier 2 Organizational | ||||||
8 | Units' Tier 2 funding allocation after adjusting | ||||||
9 | districts' funding below Tier 3 levels. | ||||||
10 | (3) Organizational Units are placed into one of 4 | ||||||
11 | tiers as follows: | ||||||
12 | (A) Tier 1 consists of all Organizational Units, | ||||||
13 | except for Specially Funded Units, with a Percent of | ||||||
14 | Adequacy less than the Tier 1 Target Ratio. The Tier 1 | ||||||
15 | Target Ratio is the ratio level that allows for Tier 1 | ||||||
16 | Aggregate Funding to be distributed, with the Tier 1 | ||||||
17 | Allocation Rate determined pursuant to paragraph (4) | ||||||
18 | of this subsection (g). | ||||||
19 | (B) Tier 2 consists of all Tier 1 Units and all | ||||||
20 | other Organizational Units, except for Specially | ||||||
21 | Funded Units, with a Percent of Adequacy of less than | ||||||
22 | 0.90. | ||||||
23 | (C) Tier 3 consists of all Organizational Units, | ||||||
24 | except for Specially Funded Units, with a Percent of | ||||||
25 | Adequacy of at least 0.90 and less than 1.0. | ||||||
26 | (D) Tier 4 consists of all Organizational Units |
| |||||||
| |||||||
1 | with a Percent of Adequacy of at least 1.0. | ||||||
2 | (4) The Allocation Rates for Tiers 1 through 4 are | ||||||
3 | determined as follows: | ||||||
4 | (A) The Tier 1 Allocation Rate is 30%. | ||||||
5 | (B) The Tier 2 Allocation Rate is the result of the | ||||||
6 | following equation: Tier 2 Aggregate Funding, divided | ||||||
7 | by the sum of the Funding Gaps for all Tier 2 | ||||||
8 | Organizational Units, unless the result of such | ||||||
9 | equation is higher than 1.0. If the result of such | ||||||
10 | equation is higher than 1.0, then the Tier 2 | ||||||
11 | Allocation Rate is 1.0. | ||||||
12 | (C) The Tier 3 Allocation Rate is the result of the | ||||||
13 | following equation: Tier 3
Aggregate Funding, divided | ||||||
14 | by the sum of the Adequacy Targets of all Tier 3 | ||||||
15 | Organizational
Units. | ||||||
16 | (D) The Tier 4 Allocation Rate is the result of the | ||||||
17 | following equation: Tier 4
Aggregate Funding, divided | ||||||
18 | by the sum of the Adequacy Targets of all Tier 4 | ||||||
19 | Organizational
Units. | ||||||
20 | (5) A tier's Target Ratio is determined as follows: | ||||||
21 | (A) The Tier 1 Target Ratio is the ratio level that | ||||||
22 | allows for Tier 1 Aggregate Funding to be distributed | ||||||
23 | with the Tier 1 Allocation Rate. | ||||||
24 | (B) The Tier 2 Target Ratio is 0.90. | ||||||
25 | (C) The Tier 3 Target Ratio is 1.0. | ||||||
26 | (6) If, at any point, the Tier 1 Target Ratio is |
| |||||||
| |||||||
1 | greater than 90%, then all Tier 1 funding shall be | ||||||
2 | allocated to Tier 2 and no Tier 1 Organizational Unit's | ||||||
3 | funding may be identified. | ||||||
4 | (7) In the event that all Tier 2 Organizational Units | ||||||
5 | receive funding at the Tier 2 Target Ratio level, any | ||||||
6 | remaining New State Funds shall be allocated to Tier 3 and | ||||||
7 | Tier 4 Organizational Units. | ||||||
8 | (8) If any Specially Funded Units, excluding Glenwood | ||||||
9 | Academy, recognized by the State Board do not qualify for | ||||||
10 | direct funding following the implementation of Public Act | ||||||
11 | 100-465 from any of the funding sources included within | ||||||
12 | the definition of Base Funding Minimum, the unqualified | ||||||
13 | portion of the Base Funding Minimum shall be transferred | ||||||
14 | to one or more appropriate Organizational Units as | ||||||
15 | determined by the State Superintendent based on the prior | ||||||
16 | year ASE of the Organizational Units. | ||||||
17 | (8.5) If a school district withdraws from a special | ||||||
18 | education cooperative, the portion of the Base Funding | ||||||
19 | Minimum that is attributable to the school district may be | ||||||
20 | redistributed to the school district upon withdrawal. The | ||||||
21 | school district and the cooperative must include the | ||||||
22 | amount of the Base Funding Minimum that is to be | ||||||
23 | reapportioned in their withdrawal agreement and notify the | ||||||
24 | State Board of the change with a copy of the agreement upon | ||||||
25 | withdrawal. | ||||||
26 | (9) The Minimum Funding Level is intended to establish |
| |||||||
| |||||||
1 | a target for State funding that will keep pace with | ||||||
2 | inflation and continue to advance equity through the | ||||||
3 | Evidence-Based Funding formula. The target for State | ||||||
4 | funding of New Property Tax Relief Pool Funds is | ||||||
5 | $50,000,000 for State fiscal year 2019 and subsequent | ||||||
6 | State fiscal years. The Minimum Funding Level is equal to | ||||||
7 | $350,000,000. In addition to any New State Funds, no more | ||||||
8 | than $50,000,000 New Property Tax Relief Pool Funds may be | ||||||
9 | counted toward the Minimum Funding Level. If the sum of | ||||||
10 | New State Funds and applicable New Property Tax Relief | ||||||
11 | Pool Funds are less than the Minimum Funding Level, than | ||||||
12 | funding for tiers shall be reduced in the following | ||||||
13 | manner: | ||||||
14 | (A) First, Tier 4 funding shall be reduced by an | ||||||
15 | amount equal to the difference between the Minimum | ||||||
16 | Funding Level and New State Funds until such time as | ||||||
17 | Tier 4 funding is exhausted. | ||||||
18 | (B) Next, Tier 3 funding shall be reduced by an | ||||||
19 | amount equal to the difference between the Minimum | ||||||
20 | Funding Level and New State Funds and the reduction in | ||||||
21 | Tier 4 funding until such time as Tier 3 funding is | ||||||
22 | exhausted. | ||||||
23 | (C) Next, Tier 2 funding shall be reduced by an | ||||||
24 | amount equal to the difference between the Minimum | ||||||
25 | Funding Level and New State Funds and the reduction in | ||||||
26 | Tier 4 and Tier 3. |
| |||||||
| |||||||
1 | (D) Finally, Tier 1 funding shall be reduced by an | ||||||
2 | amount equal to the difference between the Minimum | ||||||
3 | Funding level and New State Funds and the reduction in | ||||||
4 | Tier 2, 3, and 4 funding. In addition, the Allocation | ||||||
5 | Rate for Tier 1 shall be reduced to a percentage equal | ||||||
6 | to the Tier 1 Allocation Rate set by paragraph (4) of | ||||||
7 | this subsection (g), multiplied by the result of New | ||||||
8 | State Funds divided by the Minimum Funding Level. | ||||||
9 | (9.5) For State fiscal year 2019 and subsequent State | ||||||
10 | fiscal years, if New State Funds exceed $300,000,000, then | ||||||
11 | any amount in excess of $300,000,000 shall be dedicated | ||||||
12 | for purposes of Section 2-3.170 of this Code up to a | ||||||
13 | maximum of $50,000,000. | ||||||
14 | (10) In the event of a decrease in the amount of the | ||||||
15 | appropriation for this Section in any fiscal year after | ||||||
16 | implementation of this Section, the Organizational Units | ||||||
17 | receiving Tier 1 and Tier 2 funding, as determined under | ||||||
18 | paragraph (3) of this subsection (g), shall be held | ||||||
19 | harmless by establishing a Base Funding Guarantee equal to | ||||||
20 | the per pupil kindergarten through grade 12 funding | ||||||
21 | received in accordance with this Section in the prior | ||||||
22 | fiscal year. Reductions shall be
made to the Base Funding | ||||||
23 | Minimum of Organizational Units in Tier 3 and Tier 4 on a
| ||||||
24 | per pupil basis equivalent to the total number of the ASE | ||||||
25 | in Tier 3-funded and Tier 4-funded Organizational Units | ||||||
26 | divided by the total reduction in State funding. The Base
|
| |||||||
| |||||||
1 | Funding Minimum as reduced shall continue to be applied to | ||||||
2 | Tier 3 and Tier 4
Organizational Units and adjusted by the | ||||||
3 | relative formula when increases in
appropriations for this | ||||||
4 | Section resume. In no event may State funding reductions | ||||||
5 | to
Organizational Units in Tier 3 or Tier 4 exceed an | ||||||
6 | amount that would be less than the
Base Funding Minimum | ||||||
7 | established in the first year of implementation of this
| ||||||
8 | Section. If additional reductions are required, all school | ||||||
9 | districts shall receive a
reduction by a per pupil amount | ||||||
10 | equal to the aggregate additional appropriation
reduction | ||||||
11 | divided by the total ASE of all Organizational Units. | ||||||
12 | (11) The State Superintendent shall make minor | ||||||
13 | adjustments to the distribution formula set forth in this | ||||||
14 | subsection (g) to account for the rounding of percentages | ||||||
15 | to the nearest tenth of a percentage and dollar amounts to | ||||||
16 | the nearest whole dollar. | ||||||
17 | (h) State Superintendent administration of funding and | ||||||
18 | district submission requirements. | ||||||
19 | (1) The State Superintendent shall, in accordance with | ||||||
20 | appropriations made by the General Assembly, meet the | ||||||
21 | funding obligations created under this Section. | ||||||
22 | (2) The State Superintendent shall calculate the | ||||||
23 | Adequacy Target for each Organizational Unit and Net State | ||||||
24 | Contribution Target for each Organizational Unit under | ||||||
25 | this Section. No Evidence-Based Funding shall be | ||||||
26 | distributed within an Organizational Unit without the |
| |||||||
| |||||||
1 | approval of the unit's school board. | ||||||
2 | (3) Annually, the State Superintendent shall calculate | ||||||
3 | and report to each Organizational Unit the unit's | ||||||
4 | aggregate financial adequacy amount, which shall be the | ||||||
5 | sum of the Adequacy Target for each Organizational Unit. | ||||||
6 | The State Superintendent shall calculate and report | ||||||
7 | separately for each Organizational Unit the unit's total | ||||||
8 | State funds allocated for its students with disabilities. | ||||||
9 | The State Superintendent shall calculate and report | ||||||
10 | separately for each Organizational Unit the amount of | ||||||
11 | funding and applicable FTE calculated for each Essential | ||||||
12 | Element of the unit's Adequacy Target. | ||||||
13 | (4) Annually, the State Superintendent shall calculate | ||||||
14 | and report to each Organizational Unit the amount the unit | ||||||
15 | must expend on special education and bilingual education | ||||||
16 | and computer technology and equipment for Organizational | ||||||
17 | Units assigned to Tier 1 or Tier 2 that received an | ||||||
18 | additional $285.50 per student computer technology and | ||||||
19 | equipment investment grant to their Adequacy Target | ||||||
20 | pursuant to the unit's Base Funding Minimum, Special | ||||||
21 | Education Allocation, Bilingual Education Allocation, and | ||||||
22 | computer technology and equipment investment allocation. | ||||||
23 | (5) Moneys distributed under this Section shall be | ||||||
24 | calculated on a school year basis, but paid on a fiscal | ||||||
25 | year basis, with payments beginning in August and | ||||||
26 | extending through June. Unless otherwise provided, the |
| |||||||
| |||||||
1 | moneys appropriated for each fiscal year shall be | ||||||
2 | distributed in 22 equal payments at least 2 times monthly | ||||||
3 | to each Organizational Unit. If moneys appropriated for | ||||||
4 | any fiscal year are distributed other than monthly, the | ||||||
5 | distribution shall be on the same basis for each | ||||||
6 | Organizational Unit. | ||||||
7 | (6) Any school district that fails, for any given | ||||||
8 | school year, to maintain school as required by law or to | ||||||
9 | maintain a recognized school is not eligible to receive | ||||||
10 | Evidence-Based Funding. In case of non-recognition of one | ||||||
11 | or more attendance centers in a school district otherwise | ||||||
12 | operating recognized schools, the claim of the district | ||||||
13 | shall be reduced in the proportion that the enrollment in | ||||||
14 | the attendance center or centers bears to the enrollment | ||||||
15 | of the school district. "Recognized school" means any | ||||||
16 | public school that meets the standards for recognition by | ||||||
17 | the State Board. A school district or attendance center | ||||||
18 | not having recognition status at the end of a school term | ||||||
19 | is entitled to receive State aid payments due upon a legal | ||||||
20 | claim that was filed while it was recognized. | ||||||
21 | (7) School district claims filed under this Section | ||||||
22 | are subject to Sections 18-9 and 18-12 of this Code, | ||||||
23 | except as otherwise provided in this Section. | ||||||
24 | (8) Each fiscal year, the State Superintendent shall | ||||||
25 | calculate for each Organizational Unit an amount of its | ||||||
26 | Base Funding Minimum and Evidence-Based Funding that shall |
| |||||||
| |||||||
1 | be deemed attributable to the provision of special | ||||||
2 | educational facilities and services, as defined in Section | ||||||
3 | 14-1.08 of this Code, in a manner that ensures compliance | ||||||
4 | with maintenance of State financial support requirements | ||||||
5 | under the federal Individuals with Disabilities Education | ||||||
6 | Act. An Organizational Unit must use such funds only for | ||||||
7 | the provision of special educational facilities and | ||||||
8 | services, as defined in Section 14-1.08 of this Code, and | ||||||
9 | must comply with any expenditure verification procedures | ||||||
10 | adopted by the State Board. | ||||||
11 | (9) All Organizational Units in this State must submit | ||||||
12 | annual spending plans by the end of September of each year | ||||||
13 | to the State Board as part of the annual budget process, | ||||||
14 | which shall describe how each Organizational Unit will | ||||||
15 | utilize the Base Funding Minimum and Evidence-Based | ||||||
16 | Funding it receives from this State under this Section | ||||||
17 | with specific identification of the intended utilization | ||||||
18 | of Low-Income, English learner, and special education | ||||||
19 | resources. Additionally, the annual spending plans of each | ||||||
20 | Organizational Unit shall describe how the Organizational | ||||||
21 | Unit expects to achieve student growth and how the | ||||||
22 | Organizational Unit will achieve State education goals, as | ||||||
23 | defined by the State Board. The State Superintendent may, | ||||||
24 | from time to time, identify additional requisites for | ||||||
25 | Organizational Units to satisfy when compiling the annual | ||||||
26 | spending plans required under this subsection (h). The |
| |||||||
| |||||||
1 | format and scope of annual spending plans shall be | ||||||
2 | developed by the State Superintendent and the State Board | ||||||
3 | of Education. School districts that serve students under | ||||||
4 | Article 14C of this Code shall continue to submit | ||||||
5 | information as required under Section 14C-12 of this Code. | ||||||
6 | (10) No later than January 1, 2018, the State | ||||||
7 | Superintendent shall develop a 5-year strategic plan for | ||||||
8 | all Organizational Units to help in planning for adequacy | ||||||
9 | funding under this Section. The State Superintendent shall | ||||||
10 | submit the plan to the Governor and the General Assembly, | ||||||
11 | as provided in Section 3.1 of the General Assembly | ||||||
12 | Organization Act. The plan shall include recommendations | ||||||
13 | for: | ||||||
14 | (A) a framework for collaborative, professional, | ||||||
15 | innovative, and 21st century learning environments | ||||||
16 | using the Evidence-Based Funding model; | ||||||
17 | (B) ways to prepare and support this State's | ||||||
18 | educators for successful instructional careers; | ||||||
19 | (C) application and enhancement of the current | ||||||
20 | financial accountability measures, the approved State | ||||||
21 | plan to comply with the federal Every Student Succeeds | ||||||
22 | Act, and the Illinois Balanced Accountability Measures | ||||||
23 | in relation to student growth and elements of the | ||||||
24 | Evidence-Based Funding model; and | ||||||
25 | (D) implementation of an effective school adequacy | ||||||
26 | funding system based on projected and recommended |
| |||||||
| |||||||
1 | funding levels from the General Assembly. | ||||||
2 | (11) On an annual basis, the State Superintendent
must | ||||||
3 | recalibrate all of the following per pupil elements of the | ||||||
4 | Adequacy Target and applied to the formulas, based on the | ||||||
5 | study of average expenses and as reported in the most | ||||||
6 | recent annual financial report: | ||||||
7 | (A) Gifted under subparagraph (M) of paragraph
(2) | ||||||
8 | of subsection (b). | ||||||
9 | (B) Instructional materials under subparagraph
(O) | ||||||
10 | of paragraph (2) of subsection (b). | ||||||
11 | (C) Assessment under subparagraph (P) of
paragraph | ||||||
12 | (2) of subsection (b). | ||||||
13 | (D) Student activities under subparagraph (R) of
| ||||||
14 | paragraph (2) of subsection (b). | ||||||
15 | (E) Maintenance and operations under subparagraph
| ||||||
16 | (S) of paragraph (2) of subsection (b). | ||||||
17 | (F) Central office under subparagraph (T) of
| ||||||
18 | paragraph (2) of subsection (b). | ||||||
19 | (i) Professional Review Panel. | ||||||
20 | (1) A Professional Review Panel is created to study | ||||||
21 | and review topics related to the implementation and effect | ||||||
22 | of Evidence-Based Funding, as assigned by a joint | ||||||
23 | resolution or Public Act of the General Assembly or a | ||||||
24 | motion passed by the State Board of Education. The Panel | ||||||
25 | must provide recommendations to and serve the Governor, | ||||||
26 | the General Assembly, and the State Board. The State |
| |||||||
| |||||||
1 | Superintendent or his or her designee must serve as a | ||||||
2 | voting member and chairperson of the Panel. The State | ||||||
3 | Superintendent must appoint a vice chairperson from the | ||||||
4 | membership of the Panel. The Panel must advance | ||||||
5 | recommendations based on a three-fifths majority vote of | ||||||
6 | Panel members present and voting. A minority opinion may | ||||||
7 | also accompany any recommendation of the Panel. The Panel | ||||||
8 | shall be appointed by the State Superintendent, except as | ||||||
9 | otherwise provided in paragraph (2) of this subsection (i) | ||||||
10 | and include the following members: | ||||||
11 | (A) Two appointees that represent district | ||||||
12 | superintendents, recommended by a statewide | ||||||
13 | organization that represents district superintendents. | ||||||
14 | (B) Two appointees that represent school boards, | ||||||
15 | recommended by a statewide organization that | ||||||
16 | represents school boards. | ||||||
17 | (C) Two appointees from districts that represent | ||||||
18 | school business officials, recommended by a statewide | ||||||
19 | organization that represents school business | ||||||
20 | officials. | ||||||
21 | (D) Two appointees that represent school | ||||||
22 | principals, recommended by a statewide organization | ||||||
23 | that represents school principals. | ||||||
24 | (E) Two appointees that represent teachers, | ||||||
25 | recommended by a statewide organization that | ||||||
26 | represents teachers. |
| |||||||
| |||||||
1 | (F) Two appointees that represent teachers, | ||||||
2 | recommended by another statewide organization that | ||||||
3 | represents teachers. | ||||||
4 | (G) Two appointees that represent regional | ||||||
5 | superintendents of schools, recommended by | ||||||
6 | organizations that represent regional superintendents. | ||||||
7 | (H) Two independent experts selected solely by the | ||||||
8 | State Superintendent. | ||||||
9 | (I) Two independent experts recommended by public | ||||||
10 | universities in this State. | ||||||
11 | (J) One member recommended by a statewide | ||||||
12 | organization that represents parents. | ||||||
13 | (K) Two representatives recommended by collective | ||||||
14 | impact organizations that represent major metropolitan | ||||||
15 | areas or geographic areas in Illinois. | ||||||
16 | (L) One member from a statewide organization | ||||||
17 | focused on research-based education policy to support | ||||||
18 | a school system that prepares all students for | ||||||
19 | college, a career, and democratic citizenship. | ||||||
20 | (M) One representative from a school district | ||||||
21 | organized under Article 34 of this Code. | ||||||
22 | The State Superintendent shall ensure that the | ||||||
23 | membership of the Panel includes representatives from | ||||||
24 | school districts and communities reflecting the | ||||||
25 | geographic, socio-economic, racial, and ethnic diversity | ||||||
26 | of this State. The State Superintendent shall additionally |
| |||||||
| |||||||
1 | ensure that the membership of the Panel includes | ||||||
2 | representatives with expertise in bilingual education and | ||||||
3 | special education. Staff from the State Board shall staff | ||||||
4 | the Panel. | ||||||
5 | (2) In addition to those Panel members appointed by | ||||||
6 | the State Superintendent, 4 members of the General | ||||||
7 | Assembly shall be appointed as follows: one member of the | ||||||
8 | House of Representatives appointed by the Speaker of the | ||||||
9 | House of Representatives, one member of the Senate | ||||||
10 | appointed by the President of the Senate, one member of | ||||||
11 | the House of Representatives appointed by the Minority | ||||||
12 | Leader of the House of Representatives, and one member of | ||||||
13 | the Senate appointed by the Minority Leader of the Senate. | ||||||
14 | There shall be one additional member appointed by the | ||||||
15 | Governor. All members appointed by legislative leaders or | ||||||
16 | the Governor shall be non-voting, ex officio members. | ||||||
17 | (3) The Panel must study topics at the direction of | ||||||
18 | the General Assembly or State Board of Education, as | ||||||
19 | provided under paragraph (1). The Panel may also study the | ||||||
20 | following topics at the direction of the chairperson: | ||||||
21 | (A) The format and scope of annual spending plans | ||||||
22 | referenced in paragraph (9) of subsection (h) of this | ||||||
23 | Section. | ||||||
24 | (B) The Comparable Wage Index under this Section. | ||||||
25 | (C) Maintenance and operations, including capital | ||||||
26 | maintenance and construction costs. |
| |||||||
| |||||||
1 | (D) "At-risk student" definition. | ||||||
2 | (E) Benefits. | ||||||
3 | (F) Technology. | ||||||
4 | (G) Local Capacity Target. | ||||||
5 | (H) Funding for Alternative Schools, Laboratory | ||||||
6 | Schools, safe schools, and alternative learning | ||||||
7 | opportunities programs. | ||||||
8 | (I) Funding for college and career acceleration | ||||||
9 | strategies. | ||||||
10 | (J) Special education investments. | ||||||
11 | (K) Early childhood investments, in collaboration | ||||||
12 | with the Illinois Early Learning Council. | ||||||
13 | (4) (Blank). | ||||||
14 | (5) Within 5 years after the implementation of this | ||||||
15 | Section, and every 5 years thereafter, the Panel shall | ||||||
16 | complete an evaluative study of the entire Evidence-Based | ||||||
17 | Funding model, including an assessment of whether or not | ||||||
18 | the formula is achieving State goals. The Panel shall | ||||||
19 | report to the State Board, the General Assembly, and the | ||||||
20 | Governor on the findings of the study. | ||||||
21 | (6) (Blank). | ||||||
22 | (7) To ensure that (i) the Adequacy Target calculation | ||||||
23 | under subsection (b) accurately reflects the needs of | ||||||
24 | students living in poverty or attending schools located in | ||||||
25 | areas of high poverty, (ii) racial equity within the | ||||||
26 | Evidence-Based Funding formula is explicitly explored and |
| |||||||
| |||||||
1 | advanced, and (iii) the funding goals of the formula | ||||||
2 | distribution system established under this Section are | ||||||
3 | sufficient to provide adequate funding for every student | ||||||
4 | and to fully fund every school in this State, the Panel | ||||||
5 | shall review the Essential Elements under paragraph (2) of | ||||||
6 | subsection (b). The Panel shall consider all of the | ||||||
7 | following in its review: | ||||||
8 | (A) The financial ability of school districts to | ||||||
9 | provide instruction in a foreign language to every | ||||||
10 | student and whether an additional Essential Element | ||||||
11 | should be added to the formula to ensure that every | ||||||
12 | student has access to instruction in a foreign | ||||||
13 | language. | ||||||
14 | (B) The adult-to-student ratio for each Essential | ||||||
15 | Element in which a ratio is identified. The Panel | ||||||
16 | shall consider whether the ratio accurately reflects | ||||||
17 | the staffing needed to support students living in | ||||||
18 | poverty or who have traumatic backgrounds. | ||||||
19 | (C) Changes to the Essential Elements that may be | ||||||
20 | required to better promote racial equity and eliminate | ||||||
21 | structural racism within schools. | ||||||
22 | (D) The impact of investing $350,000,000 in | ||||||
23 | additional funds each year under this Section and an | ||||||
24 | estimate of when the school system will become fully | ||||||
25 | funded under this level of appropriation. | ||||||
26 | (E) Provide an overview of alternative funding |
| |||||||
| |||||||
1 | structures that would enable the State to become fully | ||||||
2 | funded at an earlier date. | ||||||
3 | (F) The potential to increase efficiency and to | ||||||
4 | find cost savings within the school system to expedite | ||||||
5 | the journey to a fully funded system. | ||||||
6 | (G) The appropriate levels for reenrolling and | ||||||
7 | graduating high-risk high school students who have | ||||||
8 | been previously out of school. These outcomes shall | ||||||
9 | include enrollment, attendance, skill gains, credit | ||||||
10 | gains, graduation or promotion to the next grade | ||||||
11 | level, and the transition to college, training, or | ||||||
12 | employment, with an emphasis on progressively | ||||||
13 | increasing the overall attendance. | ||||||
14 | (H) The evidence-based or research-based practices | ||||||
15 | that are shown to reduce the gaps and disparities | ||||||
16 | experienced by African American students in academic | ||||||
17 | achievement and educational performance, including | ||||||
18 | practices that have been shown to reduce disparities | ||||||
19 | parities in disciplinary rates, drop-out rates, | ||||||
20 | graduation rates, college matriculation rates, and | ||||||
21 | college completion rates. | ||||||
22 | On or before December 31, 2021, the Panel shall report | ||||||
23 | to the State Board, the General Assembly, and the Governor | ||||||
24 | on the findings of its review. This paragraph (7) is | ||||||
25 | inoperative on and after July 1, 2022. | ||||||
26 | (j) References. Beginning July 1, 2017, references in |
| |||||||
| |||||||
1 | other laws to general State aid funds or calculations under | ||||||
2 | Section 18-8.05 of this Code (now repealed) shall be deemed to | ||||||
3 | be references to evidence-based model formula funds or | ||||||
4 | calculations under this Section.
| ||||||
5 | (Source: P.A. 101-10, eff. 6-5-19; 101-17, eff. 6-14-19; | ||||||
6 | 101-643, eff. 6-18-20; 101-654, eff. 3-8-21; 102-33, eff. | ||||||
7 | 6-25-21; 102-197, eff. 7-30-21; 102-558, eff. 8-20-21; revised | ||||||
8 | 10-12-21.) | ||||||
9 | (105 ILCS 5/21A-25.5) | ||||||
10 | Sec. 21A-25.5. Teaching Induction and Mentoring Advisory | ||||||
11 | Group. | ||||||
12 | (a) The State Board of Education shall create a Teaching | ||||||
13 | Induction and Mentoring Advisory Group. Members of the | ||||||
14 | Advisory Group must represent the diversity of this State and | ||||||
15 | possess the expertise needed to perform the work required to | ||||||
16 | meet the goals of the programs set forth under Section 21A-20. | ||||||
17 | (b) The members of the Advisory Group shall be by | ||||||
18 | appointed by the State Superintendent of Education and shall | ||||||
19 | include all of the following members: | ||||||
20 | (1) Four members representing teachers recommended by | ||||||
21 | a statewide professional teachers' organization. | ||||||
22 | (2) Four members representing teachers recommended by | ||||||
23 | a different statewide professional teachers' organization. | ||||||
24 | (3) Two members representing principals recommended by | ||||||
25 | a statewide organization that represents principals. |
| |||||||
| |||||||
1 | (4) One member representing district superintendents | ||||||
2 | recommended by a statewide organization that represents | ||||||
3 | district superintendents. | ||||||
4 | (5) One member representing regional superintendents | ||||||
5 | of schools recommended by a statewide association that | ||||||
6 | represents regional superintendents of schools. | ||||||
7 | (6) One member representing a State-approved educator | ||||||
8 | preparation program at an Illinois institution of higher | ||||||
9 | education recommended by the institution of higher | ||||||
10 | education. | ||||||
11 | The majority of the membership of the Advisory Group shall | ||||||
12 | consist of practicing teachers. | ||||||
13 | (c) The Advisory Group is responsible for approving any | ||||||
14 | changes made to the standards established under Section | ||||||
15 | 21A-20.5.
| ||||||
16 | (Source: P.A. 102-521, eff. 8-20-21; revised 11-29-21.)
| ||||||
17 | (105 ILCS 5/22-30)
| ||||||
18 | Sec. 22-30. Self-administration and self-carry of asthma | ||||||
19 | medication and epinephrine injectors; administration of | ||||||
20 | undesignated epinephrine injectors; administration of an | ||||||
21 | opioid antagonist; administration of undesignated asthma | ||||||
22 | medication; asthma episode emergency response protocol.
| ||||||
23 | (a) For the purpose of this Section only, the following | ||||||
24 | terms shall have the meanings set forth below:
| ||||||
25 | "Asthma action plan" means a written plan developed with a |
| |||||||
| |||||||
1 | pupil's medical provider to help control the pupil's asthma. | ||||||
2 | The goal of an asthma action plan is to reduce or prevent | ||||||
3 | flare-ups and emergency department visits through day-to-day | ||||||
4 | management and to serve as a student-specific document to be | ||||||
5 | referenced in the event of an asthma episode. | ||||||
6 | "Asthma episode emergency response protocol" means a | ||||||
7 | procedure to provide assistance to a pupil experiencing | ||||||
8 | symptoms of wheezing, coughing, shortness of breath, chest | ||||||
9 | tightness, or breathing difficulty. | ||||||
10 | "Epinephrine injector" includes an auto-injector approved | ||||||
11 | by the United States Food and Drug Administration for the | ||||||
12 | administration of epinephrine and a pre-filled syringe | ||||||
13 | approved by the United States Food and Drug Administration and | ||||||
14 | used for the administration of epinephrine that contains a | ||||||
15 | pre-measured dose of epinephrine that is equivalent to the | ||||||
16 | dosages used in an auto-injector. | ||||||
17 | "Asthma medication" means quick-relief asthma medication, | ||||||
18 | including albuterol or other short-acting bronchodilators, | ||||||
19 | that is approved by the United States Food and Drug | ||||||
20 | Administration for the treatment of respiratory distress. | ||||||
21 | "Asthma medication" includes medication delivered through a | ||||||
22 | device, including a metered dose inhaler with a reusable or | ||||||
23 | disposable spacer or a nebulizer with a mouthpiece or mask.
| ||||||
24 | "Opioid antagonist" means a drug that binds to opioid | ||||||
25 | receptors and blocks or inhibits the effect of opioids acting | ||||||
26 | on those receptors, including, but not limited to, naloxone |
| |||||||
| |||||||
1 | hydrochloride or any other similarly acting drug approved by | ||||||
2 | the U.S. Food and Drug Administration. | ||||||
3 | "Respiratory distress" means the perceived or actual | ||||||
4 | presence of wheezing, coughing, shortness of breath, chest | ||||||
5 | tightness, breathing difficulty, or any other symptoms | ||||||
6 | consistent with asthma. Respiratory distress may be | ||||||
7 | categorized as "mild-to-moderate" or "severe". | ||||||
8 | "School nurse" means a registered nurse working in a | ||||||
9 | school with or without licensure endorsed in school nursing. | ||||||
10 | "Self-administration" means a pupil's discretionary use of | ||||||
11 | his or
her prescribed asthma medication or epinephrine | ||||||
12 | injector.
| ||||||
13 | "Self-carry" means a pupil's ability to carry his or her | ||||||
14 | prescribed asthma medication or epinephrine injector. | ||||||
15 | "Standing protocol" may be issued by (i) a physician | ||||||
16 | licensed to practice medicine in all its branches, (ii) a | ||||||
17 | licensed physician assistant with prescriptive authority, or | ||||||
18 | (iii) a licensed advanced practice registered nurse with | ||||||
19 | prescriptive authority. | ||||||
20 | "Trained personnel" means any school employee or volunteer | ||||||
21 | personnel authorized in Sections 10-22.34, 10-22.34a, and | ||||||
22 | 10-22.34b of this Code who has completed training under | ||||||
23 | subsection (g) of this Section to recognize and respond to | ||||||
24 | anaphylaxis, an opioid overdose, or respiratory distress. | ||||||
25 | "Undesignated asthma medication" means asthma medication | ||||||
26 | prescribed in the name of a school district, public school, |
| |||||||
| |||||||
1 | charter school, or nonpublic school. | ||||||
2 | "Undesignated epinephrine injector" means an epinephrine | ||||||
3 | injector prescribed in the name of a school district, public | ||||||
4 | school, charter school, or nonpublic school. | ||||||
5 | (b) A school, whether public, charter, or nonpublic, must | ||||||
6 | permit the
self-administration and self-carry of asthma
| ||||||
7 | medication by a pupil with asthma or the self-administration | ||||||
8 | and self-carry of an epinephrine injector by a pupil, provided | ||||||
9 | that:
| ||||||
10 | (1) the parents or
guardians of the pupil provide to | ||||||
11 | the school (i) written
authorization from the parents or | ||||||
12 | guardians for (A) the self-administration and self-carry | ||||||
13 | of asthma medication or (B) the self-carry of asthma | ||||||
14 | medication or (ii) for (A) the self-administration and | ||||||
15 | self-carry of an epinephrine injector or (B) the | ||||||
16 | self-carry of an epinephrine injector, written | ||||||
17 | authorization from the pupil's physician, physician | ||||||
18 | assistant, or advanced practice registered nurse; and
| ||||||
19 | (2) the
parents or guardians of the pupil provide to | ||||||
20 | the school (i) the prescription label, which must contain | ||||||
21 | the name of the asthma medication, the prescribed dosage, | ||||||
22 | and the time at which or circumstances under which the | ||||||
23 | asthma medication is to be administered, or (ii) for the | ||||||
24 | self-administration or self-carry of an epinephrine | ||||||
25 | injector, a
written
statement from the pupil's physician, | ||||||
26 | physician assistant, or advanced practice registered
nurse |
| |||||||
| |||||||
1 | containing
the following information:
| ||||||
2 | (A) the name and purpose of the epinephrine | ||||||
3 | injector;
| ||||||
4 | (B) the prescribed dosage; and
| ||||||
5 | (C) the time or times at which or the special | ||||||
6 | circumstances
under which the epinephrine injector is | ||||||
7 | to be administered.
| ||||||
8 | The information provided shall be kept on file in the office of | ||||||
9 | the school
nurse or,
in the absence of a school nurse, the | ||||||
10 | school's administrator.
| ||||||
11 | (b-5) A school district, public school, charter school, or | ||||||
12 | nonpublic school may authorize the provision of a | ||||||
13 | student-specific or undesignated epinephrine injector to a | ||||||
14 | student or any personnel authorized under a student's | ||||||
15 | Individual Health Care Action Plan, Illinois Food Allergy | ||||||
16 | Emergency Action Plan and Treatment Authorization Form, or | ||||||
17 | plan pursuant to Section 504 of the federal Rehabilitation Act | ||||||
18 | of 1973 to administer an epinephrine injector to the student, | ||||||
19 | that meets the student's prescription on file. | ||||||
20 | (b-10) The school district, public school, charter school, | ||||||
21 | or nonpublic school may authorize a school nurse or trained | ||||||
22 | personnel to do the following: (i) provide an undesignated | ||||||
23 | epinephrine injector to a student for self-administration only | ||||||
24 | or any personnel authorized under a student's Individual | ||||||
25 | Health Care Action Plan, Illinois Food Allergy Emergency | ||||||
26 | Action Plan and Treatment Authorization Form, plan pursuant to |
| |||||||
| |||||||
1 | Section 504 of the federal Rehabilitation Act of 1973, or | ||||||
2 | individualized education program plan to administer to the | ||||||
3 | student that meets the student's prescription on file; (ii) | ||||||
4 | administer an undesignated epinephrine injector that meets the | ||||||
5 | prescription on file to any student who has an Individual | ||||||
6 | Health Care Action Plan, Illinois Food Allergy Emergency | ||||||
7 | Action Plan and Treatment Authorization Form, plan pursuant to | ||||||
8 | Section 504 of the federal Rehabilitation Act of 1973, or | ||||||
9 | individualized education program plan that authorizes the use | ||||||
10 | of an epinephrine injector; (iii) administer an undesignated | ||||||
11 | epinephrine injector to any person that the school nurse or | ||||||
12 | trained personnel in good faith believes is having an | ||||||
13 | anaphylactic reaction; (iv) administer an opioid antagonist to | ||||||
14 | any person that the school nurse or trained personnel in good | ||||||
15 | faith believes is having an opioid overdose; (v) provide | ||||||
16 | undesignated asthma medication to a student for | ||||||
17 | self-administration only or to any personnel authorized under | ||||||
18 | a student's Individual Health Care Action Plan or asthma | ||||||
19 | action plan, plan pursuant to Section 504 of the federal | ||||||
20 | Rehabilitation Act of 1973, or individualized education | ||||||
21 | program plan to administer to the student that meets the | ||||||
22 | student's prescription on file; (vi) administer undesignated | ||||||
23 | asthma medication that meets the prescription on file to any | ||||||
24 | student who has an Individual Health Care Action Plan or | ||||||
25 | asthma action plan, plan pursuant to Section 504 of the | ||||||
26 | federal Rehabilitation Act of 1973, or individualized |
| |||||||
| |||||||
1 | education program plan that authorizes the use of asthma | ||||||
2 | medication; and (vii) administer undesignated asthma | ||||||
3 | medication to any person that the school nurse or trained | ||||||
4 | personnel believes in good faith is having respiratory | ||||||
5 | distress. | ||||||
6 | (c) The school district, public school, charter school, or | ||||||
7 | nonpublic school must inform the parents or
guardians of the
| ||||||
8 | pupil, in writing, that the school district, public school, | ||||||
9 | charter school, or nonpublic school and its
employees and
| ||||||
10 | agents, including a physician, physician assistant, or | ||||||
11 | advanced practice registered nurse providing standing protocol | ||||||
12 | and a prescription for school epinephrine injectors, an opioid | ||||||
13 | antagonist, or undesignated asthma medication,
are to incur no | ||||||
14 | liability or professional discipline, except for willful and | ||||||
15 | wanton conduct, as a result
of any injury arising from the
| ||||||
16 | administration of asthma medication, an epinephrine injector, | ||||||
17 | or an opioid antagonist regardless of whether authorization | ||||||
18 | was given by the pupil's parents or guardians or by the pupil's | ||||||
19 | physician, physician assistant, or advanced practice | ||||||
20 | registered nurse. The parents or guardians
of the pupil must | ||||||
21 | sign a statement acknowledging that the school district, | ||||||
22 | public school, charter school,
or nonpublic school and its | ||||||
23 | employees and agents are to incur no liability, except for | ||||||
24 | willful and wanton
conduct, as a result of any injury arising
| ||||||
25 | from the
administration of asthma medication, an epinephrine | ||||||
26 | injector, or an opioid antagonist regardless of whether |
| |||||||
| |||||||
1 | authorization was given by the pupil's parents or guardians or | ||||||
2 | by the pupil's physician, physician assistant, or advanced | ||||||
3 | practice registered nurse and that the parents or
guardians | ||||||
4 | must indemnify and hold harmless the school district, public | ||||||
5 | school, charter school, or nonpublic
school and
its
employees | ||||||
6 | and agents against any claims, except a claim based on willful | ||||||
7 | and
wanton conduct, arising out of the
administration of | ||||||
8 | asthma medication, an epinephrine injector, or an opioid | ||||||
9 | antagonist regardless of whether authorization was given by | ||||||
10 | the pupil's parents or guardians or by the pupil's physician, | ||||||
11 | physician assistant, or advanced practice registered nurse. | ||||||
12 | (c-5) When a school nurse or trained personnel administers | ||||||
13 | an undesignated epinephrine injector to a person whom the | ||||||
14 | school nurse or trained personnel in good faith believes is | ||||||
15 | having an anaphylactic reaction, administers an opioid | ||||||
16 | antagonist to a person whom the school nurse or trained | ||||||
17 | personnel in good faith believes is having an opioid overdose, | ||||||
18 | or administers undesignated asthma medication to a person whom | ||||||
19 | the school nurse or trained personnel in good faith believes | ||||||
20 | is having respiratory distress, notwithstanding the lack of | ||||||
21 | notice to the parents or guardians of the pupil or the absence | ||||||
22 | of the parents or guardians signed statement acknowledging no | ||||||
23 | liability, except for willful and wanton conduct, the school | ||||||
24 | district, public school, charter school, or nonpublic school | ||||||
25 | and its employees and agents, and a physician, a physician | ||||||
26 | assistant, or an advanced practice registered nurse providing |
| |||||||
| |||||||
1 | standing protocol and a prescription for undesignated | ||||||
2 | epinephrine injectors, an opioid antagonist, or undesignated | ||||||
3 | asthma medication, are to incur no liability or professional | ||||||
4 | discipline, except for willful and wanton conduct, as a result | ||||||
5 | of any injury arising from the use of an undesignated | ||||||
6 | epinephrine injector, the use of an opioid antagonist, or the | ||||||
7 | use of undesignated asthma medication, regardless of whether | ||||||
8 | authorization was given by the pupil's parents or guardians or | ||||||
9 | by the pupil's physician, physician assistant, or advanced | ||||||
10 | practice registered nurse.
| ||||||
11 | (d) The permission for self-administration and self-carry | ||||||
12 | of asthma medication or the self-administration and self-carry | ||||||
13 | of an epinephrine injector is effective
for the school year | ||||||
14 | for which it is granted and shall be renewed each
subsequent | ||||||
15 | school year upon fulfillment of the requirements of this
| ||||||
16 | Section.
| ||||||
17 | (e) Provided that the requirements of this Section are | ||||||
18 | fulfilled, a
pupil with asthma may self-administer and | ||||||
19 | self-carry his or her asthma medication or a pupil may | ||||||
20 | self-administer and self-carry an epinephrine injector (i) | ||||||
21 | while in
school, (ii) while at a school-sponsored activity, | ||||||
22 | (iii) while under the
supervision of
school personnel, or (iv) | ||||||
23 | before or after normal school activities, such
as while in | ||||||
24 | before-school or after-school care on school-operated
property | ||||||
25 | or while being transported on a school bus.
| ||||||
26 | (e-5) Provided that the requirements of this Section are |
| |||||||
| |||||||
1 | fulfilled, a school nurse or trained personnel may administer | ||||||
2 | an undesignated epinephrine injector to any person whom the | ||||||
3 | school nurse or trained personnel in good faith believes to be | ||||||
4 | having an anaphylactic reaction (i) while in school, (ii) | ||||||
5 | while at a school-sponsored activity, (iii) while under the | ||||||
6 | supervision of school personnel, or (iv) before or after | ||||||
7 | normal school activities, such
as while in before-school or | ||||||
8 | after-school care on school-operated property or while being | ||||||
9 | transported on a school bus. A school nurse or trained | ||||||
10 | personnel may carry undesignated epinephrine injectors on his | ||||||
11 | or her person while in school or at a school-sponsored | ||||||
12 | activity. | ||||||
13 | (e-10) Provided that the requirements of this Section are | ||||||
14 | fulfilled, a school nurse or trained personnel may administer | ||||||
15 | an opioid antagonist to any person whom the school nurse or | ||||||
16 | trained personnel in good faith believes to be having an | ||||||
17 | opioid overdose (i) while in school, (ii) while at a | ||||||
18 | school-sponsored activity, (iii) while under the supervision | ||||||
19 | of school personnel, or (iv) before or after normal school | ||||||
20 | activities, such as while in before-school or after-school | ||||||
21 | care on school-operated property. A school nurse or trained | ||||||
22 | personnel may carry an opioid antagonist on his or her person | ||||||
23 | while in school or at a school-sponsored activity. | ||||||
24 | (e-15) If the requirements of this Section are met, a | ||||||
25 | school nurse or trained personnel may administer undesignated | ||||||
26 | asthma medication to any person whom the school nurse or |
| |||||||
| |||||||
1 | trained personnel in good faith believes to be experiencing | ||||||
2 | respiratory distress (i) while in school, (ii) while at a | ||||||
3 | school-sponsored activity, (iii) while under the supervision | ||||||
4 | of school personnel, or (iv) before or after normal school | ||||||
5 | activities, including before-school or after-school care on | ||||||
6 | school-operated property. A school nurse or trained personnel | ||||||
7 | may carry undesignated asthma medication on his or her person | ||||||
8 | while in school or at a school-sponsored activity. | ||||||
9 | (f) The school district, public school, charter school, or | ||||||
10 | nonpublic school may maintain a supply of undesignated | ||||||
11 | epinephrine injectors in any secure location that is | ||||||
12 | accessible before, during, and after school where an allergic | ||||||
13 | person is most at risk, including, but not limited to, | ||||||
14 | classrooms and lunchrooms. A physician, a physician assistant | ||||||
15 | who has prescriptive authority in accordance with Section 7.5 | ||||||
16 | of the Physician Assistant Practice Act of 1987, or an | ||||||
17 | advanced practice registered nurse who has prescriptive | ||||||
18 | authority in accordance with Section 65-40 of the Nurse | ||||||
19 | Practice Act may prescribe undesignated epinephrine injectors | ||||||
20 | in the name of the school district, public school, charter | ||||||
21 | school, or nonpublic school to be maintained for use when | ||||||
22 | necessary. Any supply of epinephrine injectors shall be | ||||||
23 | maintained in accordance with the manufacturer's instructions. | ||||||
24 | The school district, public school, charter school, or | ||||||
25 | nonpublic school may maintain a supply of an opioid antagonist | ||||||
26 | in any secure location where an individual may have an opioid |
| |||||||
| |||||||
1 | overdose. A health care professional who has been delegated | ||||||
2 | prescriptive authority for opioid antagonists in accordance | ||||||
3 | with Section 5-23 of the Substance Use Disorder Act may | ||||||
4 | prescribe opioid antagonists in the name of the school | ||||||
5 | district, public school, charter school, or nonpublic school, | ||||||
6 | to be maintained for use when necessary. Any supply of opioid | ||||||
7 | antagonists shall be maintained in accordance with the | ||||||
8 | manufacturer's instructions. | ||||||
9 | The school district, public school, charter school, or | ||||||
10 | nonpublic school may maintain a supply of asthma medication in | ||||||
11 | any secure location that is accessible before, during, or | ||||||
12 | after school where a person is most at risk, including, but not | ||||||
13 | limited to, a classroom or the nurse's office. A physician, a | ||||||
14 | physician assistant who has prescriptive authority under | ||||||
15 | Section 7.5 of the Physician Assistant Practice Act of 1987, | ||||||
16 | or an advanced practice registered nurse who has prescriptive | ||||||
17 | authority under Section 65-40 of the Nurse Practice Act may | ||||||
18 | prescribe undesignated asthma medication in the name of the | ||||||
19 | school district, public school, charter school, or nonpublic | ||||||
20 | school to be maintained for use when necessary. Any supply of | ||||||
21 | undesignated asthma medication must be maintained in | ||||||
22 | accordance with the manufacturer's instructions. | ||||||
23 | (f-3) Whichever entity initiates the process of obtaining | ||||||
24 | undesignated epinephrine injectors and providing training to | ||||||
25 | personnel for carrying and administering undesignated | ||||||
26 | epinephrine injectors shall pay for the costs of the |
| |||||||
| |||||||
1 | undesignated epinephrine injectors. | ||||||
2 | (f-5) Upon any administration of an epinephrine injector, | ||||||
3 | a school district, public school, charter school, or nonpublic | ||||||
4 | school must immediately activate the EMS system and notify the | ||||||
5 | student's parent, guardian, or emergency contact, if known. | ||||||
6 | Upon any administration of an opioid antagonist, a school | ||||||
7 | district, public school, charter school, or nonpublic school | ||||||
8 | must immediately activate the EMS system and notify the | ||||||
9 | student's parent, guardian, or emergency contact, if known. | ||||||
10 | (f-10) Within 24 hours of the administration of an | ||||||
11 | undesignated epinephrine injector, a school district, public | ||||||
12 | school, charter school, or nonpublic school must notify the | ||||||
13 | physician, physician assistant, or advanced practice | ||||||
14 | registered nurse who provided the standing protocol and a | ||||||
15 | prescription for the undesignated epinephrine injector of its | ||||||
16 | use. | ||||||
17 | Within 24 hours after the administration of an opioid | ||||||
18 | antagonist, a school district, public school, charter school, | ||||||
19 | or nonpublic school must notify the health care professional | ||||||
20 | who provided the prescription for the opioid antagonist of its | ||||||
21 | use. | ||||||
22 | Within 24 hours after the administration of undesignated | ||||||
23 | asthma medication, a school district, public school, charter | ||||||
24 | school, or nonpublic school must notify the student's parent | ||||||
25 | or guardian or emergency contact, if known, and the physician, | ||||||
26 | physician assistant, or advanced practice registered nurse who |
| |||||||
| |||||||
1 | provided the standing protocol and a prescription for the | ||||||
2 | undesignated asthma medication of its use. The district or | ||||||
3 | school must follow up with the school nurse, if available, and | ||||||
4 | may, with the consent of the child's parent or guardian, | ||||||
5 | notify the child's health care provider of record, as | ||||||
6 | determined under this Section, of its use. | ||||||
7 | (g) Prior to the administration of an undesignated | ||||||
8 | epinephrine injector, trained personnel must submit to the | ||||||
9 | school's administration proof of completion of a training | ||||||
10 | curriculum to recognize and respond to anaphylaxis that meets | ||||||
11 | the requirements of subsection (h) of this Section. Training | ||||||
12 | must be completed annually. The school district, public | ||||||
13 | school, charter school, or nonpublic school must maintain | ||||||
14 | records related to the training curriculum and trained | ||||||
15 | personnel. | ||||||
16 | Prior to the administration of an opioid antagonist, | ||||||
17 | trained personnel must submit to the school's administration | ||||||
18 | proof of completion of a training curriculum to recognize and | ||||||
19 | respond to an opioid overdose, which curriculum must meet the | ||||||
20 | requirements of subsection (h-5) of this Section. Training | ||||||
21 | must be completed annually. Trained personnel must also submit | ||||||
22 | to the school's administration proof of cardiopulmonary | ||||||
23 | resuscitation and automated external defibrillator | ||||||
24 | certification. The school district, public school, charter | ||||||
25 | school, or nonpublic school must maintain records relating to | ||||||
26 | the training curriculum and the trained personnel. |
| |||||||
| |||||||
1 | Prior to the administration of undesignated asthma | ||||||
2 | medication, trained personnel must submit to the school's | ||||||
3 | administration proof of completion of a training curriculum to | ||||||
4 | recognize and respond to respiratory distress, which must meet | ||||||
5 | the requirements of subsection (h-10) of this Section. | ||||||
6 | Training must be completed annually, and the school district, | ||||||
7 | public school, charter school, or nonpublic school must | ||||||
8 | maintain records relating to the training curriculum and the | ||||||
9 | trained personnel. | ||||||
10 | (h) A training curriculum to recognize and respond to | ||||||
11 | anaphylaxis, including the administration of an undesignated | ||||||
12 | epinephrine injector, may be conducted online or in person. | ||||||
13 | Training shall include, but is not limited to: | ||||||
14 | (1) how to recognize signs and symptoms of an allergic | ||||||
15 | reaction, including anaphylaxis; | ||||||
16 | (2) how to administer an epinephrine injector; and | ||||||
17 | (3) a test demonstrating competency of the knowledge | ||||||
18 | required to recognize anaphylaxis and administer an | ||||||
19 | epinephrine injector. | ||||||
20 | Training may also include, but is not limited to: | ||||||
21 | (A) a review of high-risk areas within a school and | ||||||
22 | its related facilities; | ||||||
23 | (B) steps to take to prevent exposure to allergens; | ||||||
24 | (C) emergency follow-up procedures, including the | ||||||
25 | importance of calling 9-1-1 or, if 9-1-1 is not available, | ||||||
26 | other local emergency medical services; |
| |||||||
| |||||||
1 | (D) how to respond to a student with a known allergy, | ||||||
2 | as well as a student with a previously unknown allergy; | ||||||
3 | (E) other criteria as determined in rules adopted | ||||||
4 | pursuant to this Section; and | ||||||
5 | (F) any policy developed by the State Board of | ||||||
6 | Education under Section 2-3.190 2-3.182 . | ||||||
7 | In consultation with statewide professional organizations | ||||||
8 | representing physicians licensed to practice medicine in all | ||||||
9 | of its branches, registered nurses, and school nurses, the | ||||||
10 | State Board of Education shall make available resource | ||||||
11 | materials consistent with criteria in this subsection (h) for | ||||||
12 | educating trained personnel to recognize and respond to | ||||||
13 | anaphylaxis. The State Board may take into consideration the | ||||||
14 | curriculum on this subject developed by other states, as well | ||||||
15 | as any other curricular materials suggested by medical experts | ||||||
16 | and other groups that work on life-threatening allergy issues. | ||||||
17 | The State Board is not required to create new resource | ||||||
18 | materials. The State Board shall make these resource materials | ||||||
19 | available on its Internet website. | ||||||
20 | (h-5) A training curriculum to recognize and respond to an | ||||||
21 | opioid overdose, including the administration of an opioid | ||||||
22 | antagonist, may be conducted online or in person. The training | ||||||
23 | must comply with any training requirements under Section 5-23 | ||||||
24 | of the Substance Use Disorder Act and the corresponding rules. | ||||||
25 | It must include, but is not limited to: | ||||||
26 | (1) how to recognize symptoms of an opioid overdose; |
| |||||||
| |||||||
1 | (2) information on drug overdose prevention and | ||||||
2 | recognition; | ||||||
3 | (3) how to perform rescue breathing and resuscitation; | ||||||
4 | (4) how to respond to an emergency involving an opioid | ||||||
5 | overdose; | ||||||
6 | (5) opioid antagonist dosage and administration; | ||||||
7 | (6) the importance of calling 9-1-1 or, if 9-1-1 is | ||||||
8 | not available, other local emergency medical services; | ||||||
9 | (7) care for the overdose victim after administration | ||||||
10 | of the overdose antagonist; | ||||||
11 | (8) a test demonstrating competency of the knowledge | ||||||
12 | required to recognize an opioid overdose and administer a | ||||||
13 | dose of an opioid antagonist; and | ||||||
14 | (9) other criteria as determined in rules adopted | ||||||
15 | pursuant to this Section. | ||||||
16 | (h-10) A training curriculum to recognize and respond to | ||||||
17 | respiratory distress, including the administration of | ||||||
18 | undesignated asthma medication, may be conducted online or in | ||||||
19 | person. The training must include, but is not limited to: | ||||||
20 | (1) how to recognize symptoms of respiratory distress | ||||||
21 | and how to distinguish respiratory distress from | ||||||
22 | anaphylaxis; | ||||||
23 | (2) how to respond to an emergency involving | ||||||
24 | respiratory distress; | ||||||
25 | (3) asthma medication dosage and administration; | ||||||
26 | (4) the importance of calling 9-1-1 or, if 9-1-1 is |
| |||||||
| |||||||
1 | not available, other local emergency medical services; | ||||||
2 | (5) a test demonstrating competency of the knowledge | ||||||
3 | required to recognize respiratory distress and administer | ||||||
4 | asthma medication; and | ||||||
5 | (6) other criteria as determined in rules adopted | ||||||
6 | under this Section. | ||||||
7 | (i) Within 3 days after the administration of an | ||||||
8 | undesignated epinephrine injector by a school nurse, trained | ||||||
9 | personnel, or a student at a school or school-sponsored | ||||||
10 | activity, the school must report to the State Board of | ||||||
11 | Education in a form and manner prescribed by the State Board | ||||||
12 | the following information: | ||||||
13 | (1) age and type of person receiving epinephrine | ||||||
14 | (student, staff, visitor); | ||||||
15 | (2) any previously known diagnosis of a severe | ||||||
16 | allergy; | ||||||
17 | (3) trigger that precipitated allergic episode; | ||||||
18 | (4) location where symptoms developed; | ||||||
19 | (5) number of doses administered; | ||||||
20 | (6) type of person administering epinephrine (school | ||||||
21 | nurse, trained personnel, student); and | ||||||
22 | (7) any other information required by the State Board. | ||||||
23 | If a school district, public school, charter school, or | ||||||
24 | nonpublic school maintains or has an independent contractor | ||||||
25 | providing transportation to students who maintains a supply of | ||||||
26 | undesignated epinephrine injectors, then the school district, |
| |||||||
| |||||||
1 | public school, charter school, or nonpublic school must report | ||||||
2 | that information to the State Board of Education upon adoption | ||||||
3 | or change of the policy of the school district, public school, | ||||||
4 | charter school, nonpublic school, or independent contractor, | ||||||
5 | in a manner as prescribed by the State Board. The report must | ||||||
6 | include the number of undesignated epinephrine injectors in | ||||||
7 | supply. | ||||||
8 | (i-5) Within 3 days after the administration of an opioid | ||||||
9 | antagonist by a school nurse or trained personnel, the school | ||||||
10 | must report to the State Board of Education, in a form and | ||||||
11 | manner prescribed by the State Board, the following | ||||||
12 | information: | ||||||
13 | (1) the age and type of person receiving the opioid | ||||||
14 | antagonist (student, staff, or visitor); | ||||||
15 | (2) the location where symptoms developed; | ||||||
16 | (3) the type of person administering the opioid | ||||||
17 | antagonist (school nurse or trained personnel); and | ||||||
18 | (4) any other information required by the State Board. | ||||||
19 | (i-10) Within 3 days after the administration of | ||||||
20 | undesignated asthma medication by a school nurse, trained | ||||||
21 | personnel, or a student at a school or school-sponsored | ||||||
22 | activity, the school must report to the State Board of | ||||||
23 | Education, on a form and in a manner prescribed by the State | ||||||
24 | Board of Education, the following information: | ||||||
25 | (1) the age and type of person receiving the asthma | ||||||
26 | medication (student, staff, or visitor); |
| |||||||
| |||||||
1 | (2) any previously known diagnosis of asthma for the | ||||||
2 | person; | ||||||
3 | (3) the trigger that precipitated respiratory | ||||||
4 | distress, if identifiable; | ||||||
5 | (4) the location of where the symptoms developed; | ||||||
6 | (5) the number of doses administered; | ||||||
7 | (6) the type of person administering the asthma | ||||||
8 | medication (school nurse, trained personnel, or student); | ||||||
9 | (7) the outcome of the asthma medication | ||||||
10 | administration; and | ||||||
11 | (8)
any other information required by the State Board. | ||||||
12 | (j) By October 1, 2015 and every year thereafter, the | ||||||
13 | State Board of Education shall submit a report to the General | ||||||
14 | Assembly identifying the frequency and circumstances of | ||||||
15 | undesignated epinephrine and undesignated asthma medication | ||||||
16 | administration during the preceding academic year. Beginning | ||||||
17 | with the 2017 report, the report shall also contain | ||||||
18 | information on which school districts, public schools, charter | ||||||
19 | schools, and nonpublic schools maintain or have independent | ||||||
20 | contractors providing transportation to students who maintain | ||||||
21 | a supply of undesignated epinephrine injectors. This report | ||||||
22 | shall be published on the State Board's Internet website on | ||||||
23 | the date the report is delivered to the General Assembly. | ||||||
24 | (j-5) Annually, each school district, public school, | ||||||
25 | charter school, or nonpublic school shall request an asthma | ||||||
26 | action plan from the parents or guardians of a pupil with |
| |||||||
| |||||||
1 | asthma. If provided, the asthma action plan must be kept on | ||||||
2 | file in the office of the school nurse or, in the absence of a | ||||||
3 | school nurse, the school administrator. Copies of the asthma | ||||||
4 | action plan may be distributed to appropriate school staff who | ||||||
5 | interact with the pupil on a regular basis, and, if | ||||||
6 | applicable, may be attached to the pupil's federal Section 504 | ||||||
7 | plan or individualized education program plan. | ||||||
8 | (j-10) To assist schools with emergency response | ||||||
9 | procedures for asthma, the State Board of Education, in | ||||||
10 | consultation with statewide professional organizations with | ||||||
11 | expertise in asthma management and a statewide organization | ||||||
12 | representing school administrators, shall develop a model | ||||||
13 | asthma episode emergency response protocol before September 1, | ||||||
14 | 2016. Each school district, charter school, and nonpublic | ||||||
15 | school shall adopt an asthma episode emergency response | ||||||
16 | protocol before January 1, 2017 that includes all of the | ||||||
17 | components of the State Board's model protocol. | ||||||
18 | (j-15) Every 2 years, school personnel who work with | ||||||
19 | pupils shall complete an in-person or online training program | ||||||
20 | on the management of asthma, the prevention of asthma | ||||||
21 | symptoms, and emergency response in the school setting. In | ||||||
22 | consultation with statewide professional organizations with | ||||||
23 | expertise in asthma management, the State Board of Education | ||||||
24 | shall make available resource materials for educating school | ||||||
25 | personnel about asthma and emergency response in the school | ||||||
26 | setting. |
| |||||||
| |||||||
1 | (j-20) On or before October 1, 2016 and every year | ||||||
2 | thereafter, the State Board of Education shall submit a report | ||||||
3 | to the General Assembly and the Department of Public Health | ||||||
4 | identifying the frequency and circumstances of opioid | ||||||
5 | antagonist administration during the preceding academic year. | ||||||
6 | This report shall be published on the State Board's Internet | ||||||
7 | website on the date the report is delivered to the General | ||||||
8 | Assembly. | ||||||
9 | (k) The State Board of Education may adopt rules necessary | ||||||
10 | to implement this Section. | ||||||
11 | (l) Nothing in this Section shall limit the amount of | ||||||
12 | epinephrine injectors that any type of school or student may | ||||||
13 | carry or maintain a supply of. | ||||||
14 | (Source: P.A. 101-81, eff. 7-12-19; 102-413, eff. 8-20-21; | ||||||
15 | revised 11-9-21.)
| ||||||
16 | (105 ILCS 5/22-90) | ||||||
17 | (Section scheduled to be repealed on February 1, 2023) | ||||||
18 | Sec. 22-90. Whole Child Task Force. | ||||||
19 | (a) The General Assembly makes all of the following | ||||||
20 | findings: | ||||||
21 | (1) The COVID-19 pandemic has exposed systemic | ||||||
22 | inequities in American society. Students, educators, and | ||||||
23 | families throughout this State have been deeply affected | ||||||
24 | by the pandemic, and the impact of the pandemic will be | ||||||
25 | felt for years to come. The negative consequences of the |
| |||||||
| |||||||
1 | pandemic have impacted students and communities | ||||||
2 | differently along the lines of race, income, language, and | ||||||
3 | special needs. However, students in this State faced | ||||||
4 | significant unmet physical health, mental health, and | ||||||
5 | social and emotional needs even prior to the pandemic. | ||||||
6 | (2) The path to recovery requires a commitment from | ||||||
7 | adults in this State to address our students cultural, | ||||||
8 | physical, emotional, and mental health needs and to | ||||||
9 | provide them with stronger and increased systemic support | ||||||
10 | and intervention. | ||||||
11 | (3) It is well documented that trauma and toxic stress | ||||||
12 | diminish a child's ability to thrive. Forms of childhood | ||||||
13 | trauma and toxic stress include adverse childhood | ||||||
14 | experiences, systemic racism, poverty, food and housing | ||||||
15 | insecurity, and gender-based violence. The COVID-19 | ||||||
16 | pandemic has exacerbated these issues and brought them | ||||||
17 | into focus. | ||||||
18 | (4) It is estimated that, overall, approximately 40% | ||||||
19 | of children in this State have experienced at least one | ||||||
20 | adverse childhood experience and approximately 10% have | ||||||
21 | experienced 3 or more adverse childhood experiences. | ||||||
22 | However, the number of adverse childhood experiences is | ||||||
23 | higher for Black and Hispanic children who are growing up | ||||||
24 | in poverty. The COVID-19 pandemic has amplified the number | ||||||
25 | of students who have experienced childhood trauma. Also, | ||||||
26 | the COVID-19 pandemic has highlighted preexisting |
| |||||||
| |||||||
1 | inequities in school disciplinary practices that | ||||||
2 | disproportionately impact Black and Brown students. | ||||||
3 | Research shows, for example, that girls of color are | ||||||
4 | disproportionately impacted by trauma, adversity, and | ||||||
5 | abuse, and instead of receiving the care and | ||||||
6 | trauma-informed support they may need, many Black girls in | ||||||
7 | particular face disproportionately harsh disciplinary | ||||||
8 | measures. | ||||||
9 | (5) The cumulative effects of trauma and toxic stress | ||||||
10 | adversely impact the physical health of students, as well | ||||||
11 | as their ability to learn, form relationships, and | ||||||
12 | self-regulate. If left unaddressed, these effects increase | ||||||
13 | a student's risk for depression, alcoholism, anxiety, | ||||||
14 | asthma, smoking, and suicide, all of which are risks that | ||||||
15 | disproportionately affect Black youth and may lead to a | ||||||
16 | host of medical diseases as an adult. Access to infant and | ||||||
17 | early childhood mental health services is critical to | ||||||
18 | ensure the social and emotional well-being of this State's | ||||||
19 | youngest children, particularly those children who have | ||||||
20 | experienced trauma. | ||||||
21 | (6) Although this State enacted measures through | ||||||
22 | Public Act 100-105 to address the high rate of early care | ||||||
23 | and preschool expulsions of infants, toddlers, and | ||||||
24 | preschoolers and the disproportionately higher rate of | ||||||
25 | expulsion for Black and Hispanic children, a recent study | ||||||
26 | found a wide variation in the awareness, understanding, |
| |||||||
| |||||||
1 | and compliance with the law by providers of early | ||||||
2 | childhood care. Further work is needed to implement the | ||||||
3 | law, which includes providing training to early childhood | ||||||
4 | care providers to increase their understanding of the law, | ||||||
5 | increasing the availability and access to infant and early | ||||||
6 | childhood mental health services, and building aligned | ||||||
7 | data collection systems to better understand expulsion | ||||||
8 | rates and to allow for accurate reporting as required by | ||||||
9 | the law. | ||||||
10 | (7) Many educators and schools in this State have | ||||||
11 | embraced and implemented evidenced-based restorative | ||||||
12 | justice and trauma-responsive and culturally relevant | ||||||
13 | practices and interventions. However, the use of these | ||||||
14 | interventions on students is often isolated or is | ||||||
15 | implemented occasionally and only if the school has the | ||||||
16 | appropriate leadership, resources, and partners available | ||||||
17 | to engage seriously in this work. It would be malpractice | ||||||
18 | to deny our students access to these practices and | ||||||
19 | interventions, especially in the aftermath of a | ||||||
20 | once-in-a-century pandemic. | ||||||
21 | (b) The Whole Child Task Force is created for the purpose | ||||||
22 | of establishing an equitable, inclusive, safe, and supportive | ||||||
23 | environment in all schools for every student in this State. | ||||||
24 | The task force shall have all of the following goals, which | ||||||
25 | means key steps have to be taken to ensure that every child in | ||||||
26 | every school in this State has access to teachers, social |
| |||||||
| |||||||
1 | workers, school leaders, support personnel, and others who | ||||||
2 | have been trained in evidenced-based interventions and | ||||||
3 | restorative practices: | ||||||
4 | (1) To create a common definition of a | ||||||
5 | trauma-responsive school, a trauma-responsive district, | ||||||
6 | and a trauma-responsive community. | ||||||
7 | (2) To outline the training and resources required to | ||||||
8 | create and sustain a system of support for | ||||||
9 | trauma-responsive schools, districts, and communities and | ||||||
10 | to identify this State's role in that work, including | ||||||
11 | recommendations concerning options for redirecting | ||||||
12 | resources from school resource officers to classroom-based | ||||||
13 | support. | ||||||
14 | (3) To identify or develop a process to conduct an | ||||||
15 | analysis of the organizations that provide training in | ||||||
16 | restorative practices, implicit bias, anti-racism, and | ||||||
17 | trauma-responsive systems, mental health services, and | ||||||
18 | social and emotional services to schools. | ||||||
19 | (4) To provide recommendations concerning the key data | ||||||
20 | to be collected and reported to ensure that this State has | ||||||
21 | a full and accurate understanding of the progress toward | ||||||
22 | ensuring that all schools, including programs and | ||||||
23 | providers of care to pre-kindergarten children, employ | ||||||
24 | restorative, anti-racist, and trauma-responsive | ||||||
25 | strategies and practices. The data collected must include | ||||||
26 | information relating to the availability of trauma |
| |||||||
| |||||||
1 | responsive support structures in schools as well as | ||||||
2 | disciplinary practices employed on students in person or | ||||||
3 | through other means, including during remote or blended | ||||||
4 | learning. It should also include information on the use | ||||||
5 | of, and funding for, school resource officers and other | ||||||
6 | similar police personnel in school programs. | ||||||
7 | (5) To recommend an implementation timeline, including | ||||||
8 | the key roles, responsibilities, and resources to advance | ||||||
9 | this State toward a system in which every school, | ||||||
10 | district, and community is progressing toward becoming | ||||||
11 | trauma-responsive. | ||||||
12 | (6) To seek input and feedback from stakeholders, | ||||||
13 | including parents, students, and educators, who reflect | ||||||
14 | the diversity of this State. | ||||||
15 | (7) To recommend legislation, policies, and practices | ||||||
16 | to prevent learning loss in students during periods of | ||||||
17 | suspension and expulsion, including, but not limited to, | ||||||
18 | remote instruction. | ||||||
19 | (c) Members of the Whole Child Task Force shall be | ||||||
20 | appointed by the State Superintendent of Education. Members of | ||||||
21 | this task force must represent the diversity of this State and | ||||||
22 | possess the expertise needed to perform the work required to | ||||||
23 | meet the goals of the task force set forth under subsection | ||||||
24 | (a). Members of the task force shall include all of the | ||||||
25 | following: | ||||||
26 | (1) One member of a statewide professional teachers' |
| |||||||
| |||||||
1 | organization. | ||||||
2 | (2) One member of another statewide professional | ||||||
3 | teachers' organization. | ||||||
4 | (3) One member who represents a school district | ||||||
5 | serving a community with a population of 500,000 or more. | ||||||
6 | (4) One member of a statewide organization | ||||||
7 | representing social workers. | ||||||
8 | (5) One member of an organization that has specific | ||||||
9 | expertise in trauma-responsive school practices and | ||||||
10 | experience in supporting schools in developing | ||||||
11 | trauma-responsive and restorative practices. | ||||||
12 | (6) One member of another organization that has | ||||||
13 | specific expertise in trauma-responsive school practices | ||||||
14 | and experience in supporting schools in developing | ||||||
15 | trauma-responsive and restorative practices. | ||||||
16 | (7) One member of a statewide organization that | ||||||
17 | represents school administrators. | ||||||
18 | (8) One member of a statewide policy organization that | ||||||
19 | works to build a healthy public education system that | ||||||
20 | prepares all students for a successful college, career, | ||||||
21 | and civic life. | ||||||
22 | (9) One member of a statewide organization that brings
| ||||||
23 | teachers together to identify and address issues
critical | ||||||
24 | to student success. | ||||||
25 | (10) One member of the General Assembly recommended by | ||||||
26 | the President of the Senate. |
| |||||||
| |||||||
1 | (11) One member of the General Assembly recommended by | ||||||
2 | the Speaker of the House of
Representatives. | ||||||
3 | (12) One member of the General Assembly recommended by | ||||||
4 | the Minority Leader of the Senate. | ||||||
5 | (13) One member of the General Assembly recommended by | ||||||
6 | the Minority Leader of the House of Representatives. | ||||||
7 | (14) One member of a civil rights organization that | ||||||
8 | works actively on issues regarding student support. | ||||||
9 | (15) One administrator from a school district that has | ||||||
10 | actively worked to develop a system of student support | ||||||
11 | that uses a trauma-informed lens. | ||||||
12 | (16) One educator from a school district that has | ||||||
13 | actively worked to develop a system of student support | ||||||
14 | that uses a trauma-informed lens. | ||||||
15 | (17) One member of a youth-led organization. | ||||||
16 | (18) One member of an organization that has | ||||||
17 | demonstrated expertise in restorative practices. | ||||||
18 | (19) One member of a coalition of mental health and | ||||||
19 | school practitioners who assist schools in developing and | ||||||
20 | implementing trauma-informed and restorative strategies | ||||||
21 | and systems. | ||||||
22 | (20) One member of an organization whose mission is to | ||||||
23 | promote the safety, health, and economic success of | ||||||
24 | children, youth, and families in this State. | ||||||
25 | (21) One member who works or has worked as a | ||||||
26 | restorative justice coach or disciplinarian. |
| |||||||
| |||||||
1 | (22) One member who works or has worked as a social | ||||||
2 | worker. | ||||||
3 | (23) One member of the State Board of Education. | ||||||
4 | (24) One member who represents a statewide principals' | ||||||
5 | organization. | ||||||
6 | (25) One member who represents a statewide | ||||||
7 | organization of school boards. | ||||||
8 | (26) One member who has expertise in pre-kindergarten | ||||||
9 | education. | ||||||
10 | (27) One member who represents a school social worker | ||||||
11 | association. | ||||||
12 | (28) One member who represents an organization that | ||||||
13 | represents school districts in the south suburbs. | ||||||
14 | (29) One member who is a licensed clinical | ||||||
15 | psychologist who (A) has a doctor of philosophy in the | ||||||
16 | field of clinical psychology and has an appointment at an | ||||||
17 | independent free-standing children's hospital located in | ||||||
18 | Chicago, (B) serves as associate professor at a medical | ||||||
19 | school located in Chicago, and (C) serves as the clinical | ||||||
20 | director of a coalition of voluntary collaboration of | ||||||
21 | organizations that are committed to applying a trauma lens | ||||||
22 | to their efforts on behalf of families and children in the | ||||||
23 | State. | ||||||
24 | (30) One member who represents a west suburban school | ||||||
25 | district. | ||||||
26 | (31) One member from a governmental agency who has |
| |||||||
| |||||||
1 | expertise in child development and who is responsible for | ||||||
2 | coordinating early childhood mental health programs and | ||||||
3 | services. | ||||||
4 | (32) One member who has significant expertise in early | ||||||
5 | childhood mental health and childhood trauma. | ||||||
6 | (33) One member who represents an organization that | ||||||
7 | represents school districts in the collar counties. | ||||||
8 | (34) (31) One member who represents an organization | ||||||
9 | representing regional offices of education. | ||||||
10 | (d) The Whole Child Task Force shall meet at the call of | ||||||
11 | the State Superintendent of Education or his or her designee, | ||||||
12 | who shall serve as the chairperson. The State Board of | ||||||
13 | Education shall provide administrative and other support to | ||||||
14 | the task force. Members of the task force shall serve without | ||||||
15 | compensation. | ||||||
16 | (e) The Whole Child Task Force shall submit a report of its | ||||||
17 | findings and recommendations to the General Assembly, the | ||||||
18 | Illinois Legislative Black Caucus, the State Board of | ||||||
19 | Education, and the Governor on or before March 15, 2022. Upon | ||||||
20 | submitting its report, the task force is dissolved. | ||||||
21 | (f) This Section is repealed on February 1, 2023.
| ||||||
22 | (Source: P.A. 101-654, eff. 3-8-21; 102-209, eff. 11-30-21 | ||||||
23 | (See Section 5 of P.A. 102-671 for effective date of P.A. | ||||||
24 | 102-209); 102-635, eff. 11-30-21 (See Section 10 of P.A. | ||||||
25 | 102-671 for effective date of P.A. 102-635); 102-671, eff. | ||||||
26 | 11-30-21; revised 1-5-22.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/22-91)
| ||||||
2 | Sec. 22-91 22-90 . Modification of athletic or team | ||||||
3 | uniform; nonpublic schools. | ||||||
4 | (a) A nonpublic school recognized by the State Board of | ||||||
5 | Education must allow a student athlete to modify his or her | ||||||
6 | athletic or team uniform for the purpose of modesty in | ||||||
7 | clothing or attire that is in accordance with the requirements | ||||||
8 | of his or her religion or his or her cultural values or modesty | ||||||
9 | preferences. The modification of the athletic or team uniform | ||||||
10 | may include, but is not limited to, the wearing of a hijab, an | ||||||
11 | undershirt, or leggings. If a student chooses to modify his or | ||||||
12 | her athletic or team uniform the student is responsible for | ||||||
13 | all costs associated with the modification of the uniform and | ||||||
14 | the student shall not be required to receive prior approval | ||||||
15 | from the school for such modification. However, nothing in | ||||||
16 | this Section prohibits a school from providing the | ||||||
17 | modification to the student. | ||||||
18 | (b) At a minimum, any modification of the athletic or team | ||||||
19 | uniform must not interfere with the movement of the student or | ||||||
20 | pose a safety hazard to the student or to other athletes or | ||||||
21 | players. The modification of headgear is permitted if the | ||||||
22 | headgear: | ||||||
23 | (1) is black, white, the predominant predominate color | ||||||
24 | of the uniform, or the same color for all players on the | ||||||
25 | team; |
| |||||||
| |||||||
1 | (2) does not cover any part of the face; | ||||||
2 | (3) is not dangerous to the player or to the other | ||||||
3 | players; | ||||||
4 | (4) has no opening or closing elements around the face | ||||||
5 | and neck; and | ||||||
6 | (5) has no parts extruding from its surface.
| ||||||
7 | (Source: P.A. 102-51, eff. 7-9-21; revised 11-9-21.)
| ||||||
8 | (105 ILCS 5/22-92)
| ||||||
9 | (This Section may contain text from a Public Act with a | ||||||
10 | delayed effective date ) | ||||||
11 | Sec. 22-92 22-90 . Absenteeism and truancy policy. | ||||||
12 | (a) Each school district, charter school, or alternative | ||||||
13 | school or any school receiving public funds shall develop and | ||||||
14 | communicate to its students and their parent or guardian, on | ||||||
15 | an annual basis, an absenteeism and truancy policy, including | ||||||
16 | at least the following elements: | ||||||
17 | (1) A definition of a valid cause for absence in | ||||||
18 | accordance with Section 26-2a of this Code. | ||||||
19 | (2) A description of diagnostic procedures to be used | ||||||
20 | for identifying the causes of unexcused student | ||||||
21 | absenteeism, which shall, at a minimum, include interviews | ||||||
22 | with the student, his or her parent or guardian, and any | ||||||
23 | school officials who may have information about the | ||||||
24 | reasons for the student's attendance problem. | ||||||
25 | (3) The identification of supportive services to be |
| |||||||
| |||||||
1 | made available to truant or chronically truant students. | ||||||
2 | These services shall include, but need not be limited to, | ||||||
3 | parent conferences, student counseling, family counseling, | ||||||
4 | and information about existing community services that are | ||||||
5 | available to truant and chronically truant students and | ||||||
6 | relevant to their needs. | ||||||
7 | (4) Incorporation of the provisions relating to | ||||||
8 | chronic absenteeism in accordance with Section 26-18 of | ||||||
9 | this Code. | ||||||
10 | (b) The absenteeism and truancy policy must be updated | ||||||
11 | every 2 years and filed with the State Board of Education and | ||||||
12 | the regional superintendent of schools.
| ||||||
13 | (Source: P.A. 102-157, eff. 7-1-22; revised 11-9-21.)
| ||||||
14 | (105 ILCS 5/22-93)
| ||||||
15 | Sec. 22-93 22-90 . School guidance counselor; gift ban. | ||||||
16 | (a) In this Section: | ||||||
17 | "Guidance counselor" means a person employed by a school | ||||||
18 | district and working in a high school to offer students advice | ||||||
19 | and assistance in making career or college plans. | ||||||
20 | "Prohibited source" means any person who is employed by an | ||||||
21 | institution of higher education or is an agent or spouse of or | ||||||
22 | an immediate family member living with a person employed by an | ||||||
23 | institution of higher education. | ||||||
24 | "Relative" means an individual related to another as | ||||||
25 | father, mother, son, daughter, brother, sister, uncle, aunt, |
| |||||||
| |||||||
1 | great-aunt, great-uncle, first cousin, nephew, niece, husband, | ||||||
2 | wife, grandfather, grandmother, grandson, granddaughter, | ||||||
3 | father-in-law, mother-in-law, son-in-law, daughter-in-law, | ||||||
4 | brother-in-law, sister-in-law, stepfather, stepmother, | ||||||
5 | stepson, stepdaughter, stepbrother, stepsister, half brother, | ||||||
6 | or half sister or the father, mother, grandfather, or | ||||||
7 | grandmother of the individual's spouse or the individual's | ||||||
8 | fiance or fiancee. | ||||||
9 | (b) A guidance counselor may not intentionally solicit or | ||||||
10 | accept any gift from a prohibited source or solicit or accept a | ||||||
11 | gift that would be in violation of any federal or State statute | ||||||
12 | or rule. A prohibited source may not intentionally offer or | ||||||
13 | make a gift that violates this Section. | ||||||
14 | (c) The prohibition in subsection (b) does not apply to | ||||||
15 | any of the following: | ||||||
16 | (1) Opportunities, benefits, and services that are | ||||||
17 | available on the same conditions as for the general | ||||||
18 | public. | ||||||
19 | (2) Anything for which the guidance counselor pays the | ||||||
20 | market value. | ||||||
21 | (3) A gift from a relative. | ||||||
22 | (4) Anything provided by an individual on the basis of | ||||||
23 | a personal friendship, unless the guidance counselor has | ||||||
24 | reason to believe that, under the circumstances, the gift | ||||||
25 | was provided because of the official position or | ||||||
26 | employment of the guidance counselor and not because of |
| |||||||
| |||||||
1 | the personal friendship. In determining whether a gift is | ||||||
2 | provided on the basis of personal friendship, the guidance | ||||||
3 | counselor must consider the circumstances in which the | ||||||
4 | gift was offered, including any of the following: | ||||||
5 | (A) The history of the relationship between the | ||||||
6 | individual giving the gift and the guidance counselor, | ||||||
7 | including any previous exchange of gifts between those | ||||||
8 | individuals. | ||||||
9 | (B) Whether, to the actual knowledge of the | ||||||
10 | guidance counselor, the individual who gave the gift | ||||||
11 | personally paid for the gift or sought a tax deduction | ||||||
12 | or business reimbursement for the gift. | ||||||
13 | (C) Whether, to the actual knowledge of the | ||||||
14 | guidance counselor, the individual who gave the gift | ||||||
15 | also, at the same time, gave the same or a similar gift | ||||||
16 | to other school district employees. | ||||||
17 | (5) Bequests, inheritances, or other transfers at | ||||||
18 | death. | ||||||
19 | (6) Any item or items from any one prohibited source | ||||||
20 | during any calendar year having a cumulative total value | ||||||
21 | of less than $100. | ||||||
22 | (7) Promotional materials, including, but not limited | ||||||
23 | to, pens, pencils, banners, posters, and pennants. | ||||||
24 | Each exception listed under this subsection is mutually | ||||||
25 | exclusive and independent of one another. | ||||||
26 | (d) A guidance counselor is not in violation of this |
| |||||||
| |||||||
1 | Section if he or she promptly takes reasonable action to | ||||||
2 | return the gift to the prohibited source or donates the gift or | ||||||
3 | an amount equal to its value to an appropriate charity that is | ||||||
4 | exempt from income taxation under Section 501(c)(3) of the | ||||||
5 | Internal Revenue Code of 1986. | ||||||
6 | A guidance counselor or prohibited source who | ||||||
7 | intentionally violates this Section is guilty of a business | ||||||
8 | offense and is subject to a fine of at least $1,001 and up to | ||||||
9 | $5,000.
| ||||||
10 | (Source: P.A. 102-327, eff. 1-1-22; revised 11-9-21.)
| ||||||
11 | (105 ILCS 5/24-2) (from Ch. 122, par. 24-2)
| ||||||
12 | Sec. 24-2. Holidays. | ||||||
13 | (a) Teachers shall not be required
to teach on Saturdays, | ||||||
14 | nor, except as provided in subsection (b) of this Section, | ||||||
15 | shall teachers or other school
employees, other than | ||||||
16 | noncertificated school employees whose presence is
necessary | ||||||
17 | because of an emergency or for the continued operation and
| ||||||
18 | maintenance of school facilities or property, be
required to | ||||||
19 | work on legal school
holidays, which are January 1, New Year's | ||||||
20 | Day; the third Monday in
January, the Birthday of Dr. Martin | ||||||
21 | Luther King, Jr.; February 12, the
Birthday of President | ||||||
22 | Abraham Lincoln; the
first Monday in March (to be known as | ||||||
23 | Casimir Pulaski's birthday); Good
Friday; the day designated | ||||||
24 | as Memorial Day by federal law; June 19, Juneteenth National | ||||||
25 | Freedom Day; July 4,
Independence Day; the first Monday in |
| |||||||
| |||||||
1 | September, Labor Day; the second Monday
in October, Columbus | ||||||
2 | Day; November 11, Veterans' Day; the Thursday in
November | ||||||
3 | commonly called Thanksgiving Day; and December 25, Christmas | ||||||
4 | Day.
School boards may grant special holidays whenever in | ||||||
5 | their judgment such
action is advisable. No deduction shall
be | ||||||
6 | made from the time or
compensation of a school employee on | ||||||
7 | account of any legal
or special holiday.
| ||||||
8 | (b) A school board or other entity eligible to apply for | ||||||
9 | waivers and modifications under Section 2-3.25g of this Code | ||||||
10 | is authorized to hold school or schedule teachers' institutes, | ||||||
11 | parent-teacher conferences, or staff development on the third | ||||||
12 | Monday in January (the Birthday of Dr. Martin Luther King, | ||||||
13 | Jr.); February 12 (the Birthday of President Abraham Lincoln); | ||||||
14 | the first Monday in March (known as Casimir Pulaski's | ||||||
15 | birthday); the second Monday in October (Columbus Day); and | ||||||
16 | November 11 (Veterans' Day), provided that: | ||||||
17 | (1) the person or persons honored by the holiday are | ||||||
18 | recognized through instructional activities conducted on | ||||||
19 | that day or, if the day is not used for student attendance, | ||||||
20 | on the first school day preceding or following that day; | ||||||
21 | and | ||||||
22 | (2) the entity that chooses to exercise this authority | ||||||
23 | first holds a public hearing about the proposal. The | ||||||
24 | entity shall provide notice preceding the public hearing | ||||||
25 | to both educators and parents. The notice shall set forth | ||||||
26 | the time, date, and place of the hearing, describe the |
| |||||||
| |||||||
1 | proposal, and indicate that the entity will take testimony | ||||||
2 | from educators and parents about the proposal.
| ||||||
3 | (c) Commemorative holidays, which recognize specified | ||||||
4 | patriotic, civic,
cultural or historical persons, activities, | ||||||
5 | or events, are regular school
days. Commemorative
holidays | ||||||
6 | are: January 17 (the birthday of Muhammad Ali), January 28 (to | ||||||
7 | be known as Christa McAuliffe Day and
observed as a | ||||||
8 | commemoration of space exploration), February 15 (the
birthday | ||||||
9 | of Susan B. Anthony), March 29 (Viet Nam War Veterans' Day),
| ||||||
10 | September 11 (September 11th Day of Remembrance), the school | ||||||
11 | day
immediately preceding Veterans' Day (Korean War Veterans'
| ||||||
12 | Day), October 1 (Recycling Day), October 7 (Iraq and | ||||||
13 | Afghanistan Veterans Remembrance Day), December 7 (Pearl | ||||||
14 | Harbor Veterans' Day), and
any day so appointed by the | ||||||
15 | President or
Governor. School boards may establish | ||||||
16 | commemorative holidays whenever in
their judgment such action | ||||||
17 | is advisable.
School boards shall include instruction relative | ||||||
18 | to commemorated persons,
activities, or
events on the | ||||||
19 | commemorative holiday or at any other time during the school
| ||||||
20 | year and at any point in the curriculum when such instruction | ||||||
21 | may be deemed
appropriate. The State Board of Education shall | ||||||
22 | prepare and make available
to school boards instructional | ||||||
23 | materials relative to commemorated persons,
activities,
or | ||||||
24 | events which may be used by school boards in conjunction with | ||||||
25 | any
instruction provided pursuant to this paragraph.
| ||||||
26 | (d) City of Chicago School District 299 shall observe |
| |||||||
| |||||||
1 | March 4 of each year as
a commemorative holiday. This holiday | ||||||
2 | shall be known as Mayors' Day which
shall be a day to | ||||||
3 | commemorate and be reminded of the past Chief Executive
| ||||||
4 | Officers of the City of Chicago, and in particular the late | ||||||
5 | Mayor Richard
J. Daley and the late Mayor Harold Washington. | ||||||
6 | If March 4 falls on a
Saturday or Sunday, Mayors' Day shall be | ||||||
7 | observed on the following Monday. | ||||||
8 | (e) Notwithstanding any other provision of State law to | ||||||
9 | the contrary, November 3, 2020 shall be a State holiday known | ||||||
10 | as 2020 General Election Day and shall be observed throughout | ||||||
11 | the State pursuant to this amendatory Act of the 101st General | ||||||
12 | Assembly. All government offices, with the exception of | ||||||
13 | election authorities, shall be closed unless authorized to be | ||||||
14 | used as a location for election day services or as a polling | ||||||
15 | place. | ||||||
16 | Notwithstanding any other provision of State law to the | ||||||
17 | contrary, November 8, 2022 shall be a State holiday known as | ||||||
18 | 2022 General Election Day and shall be observed throughout the | ||||||
19 | State under Public Act 102-15 this amendatory Act of the 102nd | ||||||
20 | General Assembly .
| ||||||
21 | (Source: P.A. 101-642, eff. 6-16-20; 102-14, eff. 1-1-22; | ||||||
22 | 102-15, eff. 6-17-21; 102-334, eff. 8-9-21; 102-411, eff. | ||||||
23 | 1-1-22; revised 10-4-21.)
| ||||||
24 | (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
| ||||||
25 | Sec. 26-1. Compulsory school age; exemptions. Whoever has |
| |||||||
| |||||||
1 | custody or control of any child (i) between the ages of 7 and | ||||||
2 | 17
years (unless the child has already graduated from high | ||||||
3 | school) for school years before the 2014-2015 school year or | ||||||
4 | (ii) between the ages
of 6 (on or before September 1) and 17 | ||||||
5 | years (unless the child has already graduated from high | ||||||
6 | school) beginning with the 2014-2015 school year
shall cause | ||||||
7 | such child to attend some public school in the district
| ||||||
8 | wherein the child resides the entire time it is in session | ||||||
9 | during the
regular school term, except as provided in Section | ||||||
10 | 10-19.1, and during a
required summer school program | ||||||
11 | established under Section 10-22.33B; provided,
that
the | ||||||
12 | following children shall not be required to attend the public | ||||||
13 | schools:
| ||||||
14 | 1. Any child attending a private or a parochial school | ||||||
15 | where children
are taught the branches of education taught | ||||||
16 | to children of corresponding
age and grade in the public | ||||||
17 | schools, and where the instruction of the child
in the | ||||||
18 | branches of education is in the English language;
| ||||||
19 | 2. Any child who is physically or mentally unable to | ||||||
20 | attend school, such
disability being certified to the | ||||||
21 | county or district truant officer by a
competent physician | ||||||
22 | licensed in Illinois to practice medicine and surgery in | ||||||
23 | all its branches, a chiropractic physician licensed under | ||||||
24 | the Medical Practice Act of 1987, a licensed advanced | ||||||
25 | practice registered nurse, a licensed physician assistant, | ||||||
26 | or a Christian Science practitioner residing in this
State |
| |||||||
| |||||||
1 | and listed in the Christian Science Journal; or who is | ||||||
2 | excused for
temporary absence for cause by
the principal | ||||||
3 | or teacher of the school which the child attends, with | ||||||
4 | absence for cause by illness being required to include the | ||||||
5 | mental or behavioral health of the child for up to 5 days | ||||||
6 | for which the child need not provide a medical note, in | ||||||
7 | which case the child shall be given the opportunity to | ||||||
8 | make up any school work missed during the mental or | ||||||
9 | behavioral health absence and, after the second mental | ||||||
10 | health day used, may be referred to the appropriate school | ||||||
11 | support personnel; the exemptions
in this paragraph (2) do | ||||||
12 | not apply to any female who is pregnant or the
mother of | ||||||
13 | one or more children, except where a female is unable to | ||||||
14 | attend
school due to a complication arising from her | ||||||
15 | pregnancy and the existence
of such complication is | ||||||
16 | certified to the county or district truant officer
by a | ||||||
17 | competent physician;
| ||||||
18 | 3. Any child necessarily and lawfully employed | ||||||
19 | according to the
provisions of the law regulating child | ||||||
20 | labor may be excused from attendance
at school by the | ||||||
21 | county superintendent of schools or the superintendent of
| ||||||
22 | the public school which the child should be attending, on | ||||||
23 | certification of
the facts by and the recommendation of | ||||||
24 | the school board of the public
school district in which | ||||||
25 | the child resides. In districts having part-time
| ||||||
26 | continuation schools, children so excused shall attend |
| |||||||
| |||||||
1 | such schools at
least 8 hours each week;
| ||||||
2 | 4. Any child over 12 and under 14 years of age while in | ||||||
3 | attendance at
confirmation classes;
| ||||||
4 | 5. Any child absent from a public school on a | ||||||
5 | particular day or days
or at a particular time of day for | ||||||
6 | the reason that he is unable to attend
classes or to | ||||||
7 | participate in any examination, study, or work | ||||||
8 | requirements on
a particular day or days or at a | ||||||
9 | particular time of day because of religious reasons, | ||||||
10 | including the observance of a religious holiday or | ||||||
11 | participation in religious instruction, or because the | ||||||
12 | tenets
of his religion forbid secular activity on a | ||||||
13 | particular day or days or at a
particular time of day. A | ||||||
14 | school
board may require the parent or guardian of a child | ||||||
15 | who is to be excused
from attending school because of | ||||||
16 | religious reasons to give
notice, not exceeding 5 days, of | ||||||
17 | the child's absence to the school
principal or other | ||||||
18 | school personnel. Any child excused from attending
school | ||||||
19 | under this paragraph 5 shall not be required to submit a | ||||||
20 | written
excuse for such absence after returning to school. | ||||||
21 | A district superintendent shall develop and distribute to | ||||||
22 | schools appropriate procedures regarding a student's | ||||||
23 | absence for religious reasons, how schools are notified of | ||||||
24 | a student's impending absence for religious reasons, and | ||||||
25 | the requirements of Section 26-2b of this Code; | ||||||
26 | 6. Any child 16 years of age or older who (i) submits |
| |||||||
| |||||||
1 | to a school district evidence of necessary and lawful | ||||||
2 | employment pursuant to paragraph 3 of this Section and | ||||||
3 | (ii) is enrolled in a graduation incentives program | ||||||
4 | pursuant to Section 26-16 of this Code or an alternative | ||||||
5 | learning opportunities program established pursuant to | ||||||
6 | Article 13B of this Code;
| ||||||
7 | 7. A child in any of grades 6 through 12 absent from a | ||||||
8 | public school on a particular day or days or at a | ||||||
9 | particular time of day for the purpose of sounding "Taps" | ||||||
10 | at a military honors funeral held in this State for a | ||||||
11 | deceased veteran. In order to be excused under this | ||||||
12 | paragraph 7, the student shall notify the school's | ||||||
13 | administration at least 2 days prior to the date of the | ||||||
14 | absence and shall provide the school's administration with | ||||||
15 | the date, time, and location of the military
honors | ||||||
16 | funeral. The school's administration may waive this 2-day | ||||||
17 | notification requirement if the student did not receive at | ||||||
18 | least 2 days advance notice, but the student shall notify | ||||||
19 | the school's administration as soon as possible of the | ||||||
20 | absence. A student whose absence is excused under this | ||||||
21 | paragraph 7 shall be counted as if the student attended | ||||||
22 | school for purposes of calculating the average daily | ||||||
23 | attendance of students in the school district. A student | ||||||
24 | whose absence is excused under this paragraph 7 must be | ||||||
25 | allowed a reasonable time to make up school work missed | ||||||
26 | during the absence. If the student satisfactorily |
| |||||||
| |||||||
1 | completes the school work, the day of absence shall be | ||||||
2 | counted as a day of compulsory attendance and he or she may | ||||||
3 | not be penalized for that absence; and | ||||||
4 | 8. Any child absent from a public school on a | ||||||
5 | particular day or days or at a particular time of day for | ||||||
6 | the reason that his or her parent or legal guardian is an | ||||||
7 | active duty member of the uniformed services and has been | ||||||
8 | called to duty for, is on leave from, or has immediately | ||||||
9 | returned from deployment to a combat zone or | ||||||
10 | combat-support postings. Such a student shall be granted 5 | ||||||
11 | days of excused absences in any school year and, at the | ||||||
12 | discretion of the school board, additional excused | ||||||
13 | absences to visit the student's parent or legal guardian | ||||||
14 | relative to such leave or deployment of the parent or | ||||||
15 | legal guardian. In the case of excused absences pursuant | ||||||
16 | to this paragraph 8, the student and parent or legal | ||||||
17 | guardian shall be responsible for obtaining assignments | ||||||
18 | from the student's teacher prior to any period of excused | ||||||
19 | absence and for ensuring that such assignments are | ||||||
20 | completed by the student prior to his or her return to | ||||||
21 | school from such period of excused absence. | ||||||
22 | (Source: P.A. 102-266, eff. 1-1-22; 102-321, eff. 1-1-22; | ||||||
23 | 102-406, eff. 8-19-21; revised 9-28-21.)
| ||||||
24 | (105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a) | ||||||
25 | (Text of Section before amendment by P.A. 102-466 ) |
| |||||||
| |||||||
1 | Sec. 26-2a. A "truant" is defined as a child who is subject | ||||||
2 | to compulsory school
attendance and who is absent without | ||||||
3 | valid cause, as defined under this Section, from such | ||||||
4 | attendance for more than 1% but less than 5% of the past 180 | ||||||
5 | school days. | ||||||
6 | "Valid cause" for absence shall be illness, including the | ||||||
7 | mental or behavioral health of the student, observance of a | ||||||
8 | religious
holiday, death in the immediate family,
or family | ||||||
9 | emergency and shall include such other situations beyond the | ||||||
10 | control
of the student, as determined by the board of | ||||||
11 | education in each district,
or such other circumstances which | ||||||
12 | cause reasonable concern to the parent
for the mental, | ||||||
13 | emotional, or physical health or safety of the student. | ||||||
14 | "Chronic or habitual truant" shall be defined as a child | ||||||
15 | who is subject to compulsory
school attendance and who is | ||||||
16 | absent without valid cause from such attendance
for 5% or more | ||||||
17 | of the previous 180 regular attendance days. | ||||||
18 | "Truant minor" is defined as a chronic truant to whom | ||||||
19 | supportive
services, including prevention, diagnostic, | ||||||
20 | intervention and remedial
services, alternative programs and | ||||||
21 | other school and community resources
have been provided and | ||||||
22 | have failed to result in the cessation of chronic
truancy, or | ||||||
23 | have been offered and refused. | ||||||
24 | A "dropout" is defined as any child enrolled in grades 9 | ||||||
25 | through 12 whose
name has been removed from the district | ||||||
26 | enrollment roster for any reason
other than the student's |
| |||||||
| |||||||
1 | death, extended illness, removal for medical non-compliance, | ||||||
2 | expulsion, aging out, graduation, or completion of a
program | ||||||
3 | of studies and who has not transferred to another public or | ||||||
4 | private school and is not known to be home-schooled by his or | ||||||
5 | her parents or guardians or continuing school in another | ||||||
6 | country. | ||||||
7 | "Religion" for the purposes of this Article, includes all | ||||||
8 | aspects of
religious observance and practice, as well as | ||||||
9 | belief. | ||||||
10 | (Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22; | ||||||
11 | 102-321, eff. 1-1-22.) | ||||||
12 | (Text of Section after amendment by P.A. 102-466 )
| ||||||
13 | Sec. 26-2a. A "truant" is defined as a child who is subject | ||||||
14 | to compulsory school
attendance and who is absent without | ||||||
15 | valid cause, as defined under this Section, from such | ||||||
16 | attendance for more than 1% but less than 5% of the past 180 | ||||||
17 | school days. | ||||||
18 | "Valid cause" for absence shall be illness, including the | ||||||
19 | mental or behavioral health of the student, attendance at a | ||||||
20 | verified medical or therapeutic appointment, appointment with | ||||||
21 | a victim services provider, observance of a religious
holiday, | ||||||
22 | death in the immediate family,
or family emergency and shall | ||||||
23 | include such other situations beyond the control
of the | ||||||
24 | student, as determined by the board of education in each | ||||||
25 | district,
or such other circumstances which cause reasonable |
| |||||||
| |||||||
1 | concern to the parent
for the mental, emotional, or physical | ||||||
2 | health or safety of the student. For purposes of a student who | ||||||
3 | is an expectant parent, or parent, or victim of domestic or | ||||||
4 | sexual violence, "valid cause" for absence includes (i) the | ||||||
5 | fulfillment of a parenting responsibility, including, but not | ||||||
6 | limited to, arranging and providing child care, caring for a | ||||||
7 | sick child, attending prenatal or other medical appointments | ||||||
8 | for the expectant student, and attending medical appointments | ||||||
9 | for a child, and (ii) addressing circumstances resulting from | ||||||
10 | domestic or sexual violence, including, but not limited to, | ||||||
11 | experiencing domestic or sexual violence, recovering from | ||||||
12 | physical or psychological injuries, seeking medical attention, | ||||||
13 | seeking services from a domestic or sexual violence | ||||||
14 | organization, as defined in Article 26A, seeking psychological | ||||||
15 | or other counseling, participating in safety planning, | ||||||
16 | temporarily or permanently relocating, seeking legal | ||||||
17 | assistance or remedies, or taking any other action to increase | ||||||
18 | the safety or health of the student or to protect the student | ||||||
19 | from future domestic or sexual violence. A school district may | ||||||
20 | require a student to verify his or her claim of domestic or | ||||||
21 | sexual violence under Section 26A-45 prior to the district | ||||||
22 | approving a valid cause for an absence of 3 or more consecutive | ||||||
23 | days that is related to domestic or sexual violence. | ||||||
24 | "Chronic or habitual truant" shall be defined as a child | ||||||
25 | who is subject to compulsory
school attendance and who is | ||||||
26 | absent without valid cause from such attendance
for 5% or more |
| |||||||
| |||||||
1 | of the previous 180 regular attendance days. | ||||||
2 | "Truant minor" is defined as a chronic truant to whom | ||||||
3 | supportive
services, including prevention, diagnostic, | ||||||
4 | intervention and remedial
services, alternative programs and | ||||||
5 | other school and community resources
have been provided and | ||||||
6 | have failed to result in the cessation of chronic
truancy, or | ||||||
7 | have been offered and refused. | ||||||
8 | A "dropout" is defined as any child enrolled in grades 9 | ||||||
9 | through 12 whose
name has been removed from the district | ||||||
10 | enrollment roster for any reason
other than the student's | ||||||
11 | death, extended illness, removal for medical non-compliance, | ||||||
12 | expulsion, aging out, graduation, or completion of a
program | ||||||
13 | of studies and who has not transferred to another public or | ||||||
14 | private school and is not known to be home-schooled by his or | ||||||
15 | her parents or guardians or continuing school in another | ||||||
16 | country. | ||||||
17 | "Religion" for the purposes of this Article, includes all | ||||||
18 | aspects of
religious observance and practice, as well as | ||||||
19 | belief. | ||||||
20 | (Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22; | ||||||
21 | 102-321, eff. 1-1-22; 102-466, eff. 7-1-25; revised 9-23-21.)
| ||||||
22 | (105 ILCS 5/26-13) (from Ch. 122, par. 26-13)
| ||||||
23 | (Text of Section before amendment by P.A. 102-157 )
| ||||||
24 | Sec. 26-13. Absenteeism and truancy policies. School | ||||||
25 | districts shall
adopt policies, consistent with rules adopted |
| |||||||
| |||||||
1 | by the State Board of
Education, which identify the | ||||||
2 | appropriate supportive services and available
resources which | ||||||
3 | are provided for truants and chronic truants.
| ||||||
4 | (Source: P.A. 84-1420.)
| ||||||
5 | (Text of Section after amendment by P.A. 102-157 )
| ||||||
6 | Sec. 26-13. Absenteeism and truancy policies. School | ||||||
7 | districts shall
adopt policies, consistent with rules adopted | ||||||
8 | by the State Board of
Education and Section 22-92 22-90 , which | ||||||
9 | identify the appropriate supportive services and available
| ||||||
10 | resources which are provided for truants and chronic truants.
| ||||||
11 | (Source: P.A. 102-157, eff. 7-1-22; revised 11-9-21.)
| ||||||
12 | (105 ILCS 5/27-23.7) | ||||||
13 | Sec. 27-23.7. Bullying prevention. | ||||||
14 | (a) The General Assembly finds that a safe and civil | ||||||
15 | school environment is necessary for students to learn and | ||||||
16 | achieve and that bullying causes physical, psychological, and | ||||||
17 | emotional harm to students and interferes with students' | ||||||
18 | ability to learn and participate in school activities. The | ||||||
19 | General Assembly further finds that bullying has been linked | ||||||
20 | to other forms of antisocial behavior, such as vandalism, | ||||||
21 | shoplifting, skipping and dropping out of school, fighting, | ||||||
22 | using drugs and alcohol, sexual harassment, and sexual | ||||||
23 | violence. Because of the negative outcomes associated with | ||||||
24 | bullying in schools, the General Assembly finds that school |
| |||||||
| |||||||
1 | districts, charter schools, and non-public, non-sectarian | ||||||
2 | elementary and secondary schools should educate students, | ||||||
3 | parents, and school district, charter school, or non-public, | ||||||
4 | non-sectarian elementary or secondary school personnel about | ||||||
5 | what behaviors constitute prohibited bullying. | ||||||
6 | Bullying on the basis of actual or perceived race, color, | ||||||
7 | religion, sex, national origin, ancestry, age, marital status, | ||||||
8 | physical or mental disability, military status, sexual | ||||||
9 | orientation, gender-related identity or expression, | ||||||
10 | unfavorable discharge from military service, association with | ||||||
11 | a person or group with one or more of the aforementioned actual | ||||||
12 | or perceived characteristics, or any other distinguishing | ||||||
13 | characteristic is prohibited in all school districts, charter | ||||||
14 | schools, and non-public, non-sectarian elementary and | ||||||
15 | secondary schools.
No student shall be subjected to bullying: | ||||||
16 | (1) during any school-sponsored education program or | ||||||
17 | activity; | ||||||
18 | (2) while in school, on school property, on school | ||||||
19 | buses or other school vehicles, at designated school bus | ||||||
20 | stops waiting for the school bus, or at school-sponsored | ||||||
21 | or school-sanctioned events or activities; | ||||||
22 | (3) through the transmission of information from a | ||||||
23 | school computer, a school computer network, or other | ||||||
24 | similar electronic school equipment; or | ||||||
25 | (4) through the transmission of information from a | ||||||
26 | computer that is accessed at a nonschool-related location, |
| |||||||
| |||||||
1 | activity, function, or program or from the use of | ||||||
2 | technology or an electronic device that is not owned, | ||||||
3 | leased, or used by a school district or school if the | ||||||
4 | bullying causes a substantial disruption to the | ||||||
5 | educational process or orderly operation of a school. This | ||||||
6 | item (4) applies only in cases in which a school | ||||||
7 | administrator or teacher receives a report that bullying | ||||||
8 | through this means has occurred and does not require a | ||||||
9 | district or school to staff or monitor any | ||||||
10 | nonschool-related activity, function, or program. | ||||||
11 | (a-5) Nothing in this Section is intended to infringe upon | ||||||
12 | any right to exercise free expression or the free exercise of | ||||||
13 | religion or religiously based views protected under the First | ||||||
14 | Amendment to the United States Constitution or under Section 3 | ||||||
15 | of Article I of the Illinois Constitution. | ||||||
16 | (b) In this Section:
| ||||||
17 | "Bullying" includes "cyber-bullying" and means any severe | ||||||
18 | or pervasive physical or verbal act or conduct, including | ||||||
19 | communications made in writing or electronically, directed | ||||||
20 | toward a student or students that has or can be reasonably | ||||||
21 | predicted to have the effect of one or more of the following: | ||||||
22 | (1) placing the student or students in reasonable fear | ||||||
23 | of harm to the student's or students' person or property; | ||||||
24 | (2) causing a substantially detrimental effect on the | ||||||
25 | student's or students' physical or mental health; | ||||||
26 | (3) substantially interfering with the student's or |
| |||||||
| |||||||
1 | students' academic performance; or | ||||||
2 | (4) substantially interfering with the student's or | ||||||
3 | students' ability to participate in or benefit from the | ||||||
4 | services, activities, or privileges provided by a school. | ||||||
5 | Bullying, as defined in this subsection (b), may take | ||||||
6 | various forms, including without limitation one or more of the | ||||||
7 | following: harassment, threats, intimidation, stalking, | ||||||
8 | physical violence, sexual harassment, sexual violence, theft, | ||||||
9 | public humiliation, destruction of property, or retaliation | ||||||
10 | for asserting or alleging an act of bullying. This list is | ||||||
11 | meant to be illustrative and non-exhaustive. | ||||||
12 | "Cyber-bullying" means bullying through the use of | ||||||
13 | technology or any electronic communication, including without | ||||||
14 | limitation any transfer of signs, signals, writing, images, | ||||||
15 | sounds, data, or intelligence of any nature transmitted in | ||||||
16 | whole or in part by a wire, radio, electromagnetic system, | ||||||
17 | photoelectronic system, or photooptical system, including | ||||||
18 | without limitation electronic mail, Internet communications, | ||||||
19 | instant messages, or facsimile communications. | ||||||
20 | "Cyber-bullying" includes the creation of a webpage or weblog | ||||||
21 | in which the creator assumes the identity of another person or | ||||||
22 | the knowing impersonation of another person as the author of | ||||||
23 | posted content or messages if the creation or impersonation | ||||||
24 | creates any of the effects enumerated in the definition of | ||||||
25 | bullying in this Section. "Cyber-bullying" also includes the | ||||||
26 | distribution by electronic means of a communication to more |
| |||||||
| |||||||
1 | than one person or the posting of material on an electronic | ||||||
2 | medium that may be accessed by one or more persons if the | ||||||
3 | distribution or posting creates any of the effects enumerated | ||||||
4 | in the definition of bullying in this Section. | ||||||
5 | "Policy on bullying" means a bullying prevention policy | ||||||
6 | that meets the following criteria: | ||||||
7 | (1) Includes the bullying definition provided in this | ||||||
8 | Section. | ||||||
9 | (2) Includes a statement that bullying is contrary to | ||||||
10 | State law and the policy of the school district, charter | ||||||
11 | school, or non-public, non-sectarian elementary or | ||||||
12 | secondary school and is consistent with subsection (a-5) | ||||||
13 | of this Section. | ||||||
14 | (3) Includes procedures for promptly reporting | ||||||
15 | bullying, including, but not limited to, identifying and | ||||||
16 | providing the school e-mail address (if applicable) and | ||||||
17 | school telephone number for the staff person or persons | ||||||
18 | responsible for receiving such reports and a procedure for | ||||||
19 | anonymous reporting; however, this shall not be construed | ||||||
20 | to permit formal disciplinary action solely on the basis | ||||||
21 | of an anonymous report. | ||||||
22 | (4) Consistent with federal and State laws and rules | ||||||
23 | governing student privacy rights, includes procedures for | ||||||
24 | promptly informing parents or guardians of all students | ||||||
25 | involved in the alleged incident of bullying and | ||||||
26 | discussing, as appropriate, the availability of social |
| |||||||
| |||||||
1 | work services, counseling, school psychological services, | ||||||
2 | other interventions, and restorative measures. | ||||||
3 | (5) Contains procedures for promptly investigating and | ||||||
4 | addressing reports of bullying, including the following: | ||||||
5 | (A) Making all reasonable efforts to complete the | ||||||
6 | investigation within 10 school days after the date the | ||||||
7 | report of the incident of bullying was received and | ||||||
8 | taking into consideration additional relevant | ||||||
9 | information received during the course of the | ||||||
10 | investigation about the reported incident of bullying. | ||||||
11 | (B) Involving appropriate school support personnel | ||||||
12 | and other staff persons with knowledge, experience, | ||||||
13 | and training on bullying prevention, as deemed | ||||||
14 | appropriate, in the investigation process. | ||||||
15 | (C) Notifying the principal or school | ||||||
16 | administrator or his or her designee of the report of | ||||||
17 | the incident of bullying as soon as possible after the | ||||||
18 | report is received. | ||||||
19 | (D) Consistent with federal and State laws and | ||||||
20 | rules governing student privacy rights, providing | ||||||
21 | parents and guardians of the students who are parties | ||||||
22 | to the investigation information about the | ||||||
23 | investigation and an opportunity to meet with the | ||||||
24 | principal or school administrator or his or her | ||||||
25 | designee to discuss the investigation, the findings of | ||||||
26 | the investigation, and the actions taken to address |
| |||||||
| |||||||
1 | the reported incident of bullying. | ||||||
2 | (6) Includes the interventions that can be taken to | ||||||
3 | address bullying, which may include, but are not limited | ||||||
4 | to, school social work services, restorative measures, | ||||||
5 | social-emotional skill building, counseling, school | ||||||
6 | psychological services, and community-based services. | ||||||
7 | (7) Includes a statement prohibiting reprisal or | ||||||
8 | retaliation against any person who reports an act of | ||||||
9 | bullying and the consequences and appropriate remedial | ||||||
10 | actions for a person who engages in reprisal or | ||||||
11 | retaliation. | ||||||
12 | (8) Includes consequences and appropriate remedial | ||||||
13 | actions for a person found to have falsely accused another | ||||||
14 | of bullying as a means of retaliation or as a means of | ||||||
15 | bullying. | ||||||
16 | (9) Is based on the engagement of a range of school | ||||||
17 | stakeholders, including students and parents or guardians. | ||||||
18 | (10) Is posted on the school district's, charter
| ||||||
19 | school's, or non-public, non-sectarian elementary or
| ||||||
20 | secondary school's existing Internet website, is
included | ||||||
21 | in the student handbook, and, where applicable,
posted | ||||||
22 | where other policies, rules, and standards of
conduct are | ||||||
23 | currently posted in the school and provided periodically | ||||||
24 | throughout the school year to students and faculty, and is
| ||||||
25 | distributed annually to parents, guardians, students, and
| ||||||
26 | school personnel, including new employees when hired. |
| |||||||
| |||||||
1 | (11) As part of the process of reviewing and | ||||||
2 | re-evaluating the policy under subsection (d) of this | ||||||
3 | Section, contains a policy evaluation process to assess | ||||||
4 | the outcomes and effectiveness of the policy that | ||||||
5 | includes, but is not limited to, factors such as the | ||||||
6 | frequency of victimization; student, staff, and family | ||||||
7 | observations of safety at a school; identification of | ||||||
8 | areas of a school where bullying occurs; the types of | ||||||
9 | bullying utilized; and bystander intervention or | ||||||
10 | participation. The school district, charter school, or | ||||||
11 | non-public, non-sectarian elementary or secondary school | ||||||
12 | may use relevant data and information it already collects | ||||||
13 | for other purposes in the policy evaluation. The | ||||||
14 | information developed as a result of the policy evaluation | ||||||
15 | must be made available on the Internet website of the | ||||||
16 | school district, charter school, or non-public, | ||||||
17 | non-sectarian elementary or secondary school. If an | ||||||
18 | Internet website is not available, the information must be | ||||||
19 | provided to school administrators, school board members, | ||||||
20 | school personnel, parents, guardians, and students. | ||||||
21 | (12) Is consistent with the policies of the school | ||||||
22 | board, charter school, or non-public, non-sectarian | ||||||
23 | elementary or secondary school. | ||||||
24 | "Restorative measures" means a continuum of school-based | ||||||
25 | alternatives to exclusionary discipline, such as suspensions | ||||||
26 | and expulsions, that: (i) are adapted to the particular needs |
| |||||||
| |||||||
1 | of the school and community, (ii) contribute to maintaining | ||||||
2 | school safety, (iii) protect the integrity of a positive and | ||||||
3 | productive learning climate, (iv) teach students the personal | ||||||
4 | and interpersonal skills they will need to be successful in | ||||||
5 | school and society, (v) serve to build and restore | ||||||
6 | relationships among students, families, schools, and | ||||||
7 | communities, (vi) reduce the likelihood of future disruption | ||||||
8 | by balancing accountability with an understanding of students' | ||||||
9 | behavioral health needs in order to keep students in school, | ||||||
10 | and (vii) increase student accountability if the incident of | ||||||
11 | bullying is based on religion, race, ethnicity, or any other | ||||||
12 | category that is identified in the Illinois Human Rights Act. | ||||||
13 | "School personnel" means persons employed by, on contract | ||||||
14 | with, or who volunteer in a school district, charter school, | ||||||
15 | or non-public, non-sectarian elementary or secondary school, | ||||||
16 | including without limitation school and school district | ||||||
17 | administrators, teachers, school social workers, school | ||||||
18 | counselors, school psychologists, school nurses, cafeteria | ||||||
19 | workers, custodians, bus drivers, school resource officers, | ||||||
20 | and security guards. | ||||||
21 | (c) (Blank).
| ||||||
22 | (d) Each school district, charter school, and non-public, | ||||||
23 | non-sectarian elementary or secondary school shall create, | ||||||
24 | maintain, and implement a policy on bullying, which policy | ||||||
25 | must be filed with the State Board of Education. The policy or | ||||||
26 | implementing procedure shall include a process to investigate |
| |||||||
| |||||||
1 | whether a reported act of bullying is within the permissible | ||||||
2 | scope of the district's or school's jurisdiction and shall | ||||||
3 | require that the district or school provide the victim with | ||||||
4 | information regarding services that are available within the | ||||||
5 | district and community, such as counseling, support services, | ||||||
6 | and other programs. School personnel available for help with a | ||||||
7 | bully or to make a report about bullying shall be made known to | ||||||
8 | parents or legal guardians, students, and school personnel. | ||||||
9 | Every 2 years, each school district, charter school, and | ||||||
10 | non-public, non-sectarian elementary or secondary school shall | ||||||
11 | conduct a review and re-evaluation of its policy and make any | ||||||
12 | necessary and appropriate revisions. The policy must be filed | ||||||
13 | with the State Board of Education after being updated. The | ||||||
14 | State Board of Education shall monitor and provide technical | ||||||
15 | support for the implementation of policies created under this | ||||||
16 | subsection (d). | ||||||
17 | (e) This Section shall not be interpreted to prevent a | ||||||
18 | victim from seeking redress under any other available civil or | ||||||
19 | criminal law.
| ||||||
20 | (Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21; | ||||||
21 | revised 10-18-21.) | ||||||
22 | (105 ILCS 5/27-23.15) | ||||||
23 | Sec. 27-23.15. Computer science. | ||||||
24 | (a) In this Section, "computer science" means the study of | ||||||
25 | computers and algorithms, including their principles, their |
| |||||||
| |||||||
1 | hardware and software designs, their implementation, and their | ||||||
2 | impact on society. "Computer science" does not include the | ||||||
3 | study of everyday uses of computers and computer applications, | ||||||
4 | such as keyboarding or accessing the Internet. | ||||||
5 | (b) Beginning with the 2023-2024 school year, the school | ||||||
6 | board of a school district that maintains any of grades 9 | ||||||
7 | through 12 shall provide an opportunity for every high school | ||||||
8 | student to take at least one computer science course aligned | ||||||
9 | to rigorous learning standards of the State Board of | ||||||
10 | Education.
| ||||||
11 | (Source: P.A. 101-654, eff. 3-8-21.)
| ||||||
12 | (105 ILCS 5/27-23.16)
| ||||||
13 | Sec. 27-23.16 27-23.15 . Study of the process of | ||||||
14 | naturalization. Every public high school may include in its | ||||||
15 | curriculum a unit of instruction about the process of | ||||||
16 | naturalization by which a foreign citizen or foreign national | ||||||
17 | becomes a U.S. citizen. The course of instruction shall | ||||||
18 | include content from the components of the naturalization test | ||||||
19 | administered by the U.S. Citizenship and Immigration Services. | ||||||
20 | Each school board shall determine the minimum amount of | ||||||
21 | instructional time under this Section.
| ||||||
22 | (Source: P.A. 102-472, eff. 8-20-21; revised 11-9-21.)
| ||||||
23 | (105 ILCS 5/27A-5)
| ||||||
24 | (Text of Section before amendment by P.A. 102-157 and P.A. |
| |||||||
| |||||||
1 | 102-466 ) | ||||||
2 | Sec. 27A-5. Charter school; legal entity; requirements.
| ||||||
3 | (a) A charter school shall be a public, nonsectarian, | ||||||
4 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
5 | school shall be organized and operated
as a nonprofit | ||||||
6 | corporation or other discrete, legal, nonprofit entity
| ||||||
7 | authorized under the laws of the State of Illinois.
| ||||||
8 | (b) A charter school may be established under this Article | ||||||
9 | by creating a new
school or by converting an existing public | ||||||
10 | school or attendance center to
charter
school status.
| ||||||
11 | Beginning on April 16, 2003 (the effective date of Public Act | ||||||
12 | 93-3), in all new
applications to establish
a charter
school | ||||||
13 | in a city having a population exceeding 500,000, operation of | ||||||
14 | the
charter
school shall be limited to one campus. The changes | ||||||
15 | made to this Section by Public Act 93-3 do not apply to charter | ||||||
16 | schools existing or approved on or before April 16, 2003 (the
| ||||||
17 | effective date of Public Act 93-3). | ||||||
18 | (b-5) In this subsection (b-5), "virtual-schooling" means | ||||||
19 | a cyber school where students engage in online curriculum and | ||||||
20 | instruction via the Internet and electronic communication with | ||||||
21 | their teachers at remote locations and with students | ||||||
22 | participating at different times. | ||||||
23 | From April 1, 2013 through December 31, 2016, there is a | ||||||
24 | moratorium on the establishment of charter schools with | ||||||
25 | virtual-schooling components in school districts other than a | ||||||
26 | school district organized under Article 34 of this Code. This |
| |||||||
| |||||||
1 | moratorium does not apply to a charter school with | ||||||
2 | virtual-schooling components existing or approved prior to | ||||||
3 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
4 | school with virtual-schooling components already approved | ||||||
5 | prior to April 1, 2013.
| ||||||
6 | (c) A charter school shall be administered and governed by | ||||||
7 | its board of
directors or other governing body
in the manner | ||||||
8 | provided in its charter. The governing body of a charter | ||||||
9 | school
shall be subject to the Freedom of Information Act and | ||||||
10 | the Open Meetings Act. No later than January 1, 2021 (one year | ||||||
11 | after the effective date of Public Act 101-291), a charter | ||||||
12 | school's board of directors or other governing body must | ||||||
13 | include at least one parent or guardian of a pupil currently | ||||||
14 | enrolled in the charter school who may be selected through the | ||||||
15 | charter school or a charter network election, appointment by | ||||||
16 | the charter school's board of directors or other governing | ||||||
17 | body, or by the charter school's Parent Teacher Organization | ||||||
18 | or its equivalent. | ||||||
19 | (c-5) No later than January 1, 2021 (one year after the | ||||||
20 | effective date of Public Act 101-291) or within the first year | ||||||
21 | of his or her first term, every voting member of a charter | ||||||
22 | school's board of directors or other governing body shall | ||||||
23 | complete a minimum of 4 hours of professional development | ||||||
24 | leadership training to ensure that each member has sufficient | ||||||
25 | familiarity with the board's or governing body's role and | ||||||
26 | responsibilities, including financial oversight and |
| |||||||
| |||||||
1 | accountability of the school, evaluating the principal's and | ||||||
2 | school's performance, adherence to the Freedom of Information | ||||||
3 | Act and the Open Meetings Act, and compliance with education | ||||||
4 | and labor law. In each subsequent year of his or her term, a | ||||||
5 | voting member of a charter school's board of directors or | ||||||
6 | other governing body shall complete a minimum of 2 hours of | ||||||
7 | professional development training in these same areas. The | ||||||
8 | training under this subsection may be provided or certified by | ||||||
9 | a statewide charter school membership association or may be | ||||||
10 | provided or certified by other qualified providers approved by | ||||||
11 | the State Board of Education.
| ||||||
12 | (d) For purposes of this subsection (d), "non-curricular | ||||||
13 | health and safety requirement" means any health and safety | ||||||
14 | requirement created by statute or rule to provide, maintain, | ||||||
15 | preserve, or safeguard safe or healthful conditions for | ||||||
16 | students and school personnel or to eliminate, reduce, or | ||||||
17 | prevent threats to the health and safety of students and | ||||||
18 | school personnel. "Non-curricular health and safety | ||||||
19 | requirement" does not include any course of study or | ||||||
20 | specialized instructional requirement for which the State | ||||||
21 | Board has established goals and learning standards or which is | ||||||
22 | designed primarily to impart knowledge and skills for students | ||||||
23 | to master and apply as an outcome of their education. | ||||||
24 | A charter school shall comply with all non-curricular | ||||||
25 | health and safety
requirements applicable to public schools | ||||||
26 | under the laws of the State of
Illinois. On or before September |
| |||||||
| |||||||
1 | 1, 2015, the State Board shall promulgate and post on its | ||||||
2 | Internet website a list of non-curricular health and safety | ||||||
3 | requirements that a charter school must meet. The list shall | ||||||
4 | be updated annually no later than September 1. Any charter | ||||||
5 | contract between a charter school and its authorizer must | ||||||
6 | contain a provision that requires the charter school to follow | ||||||
7 | the list of all non-curricular health and safety requirements | ||||||
8 | promulgated by the State Board and any non-curricular health | ||||||
9 | and safety requirements added by the State Board to such list | ||||||
10 | during the term of the charter. Nothing in this subsection (d) | ||||||
11 | precludes an authorizer from including non-curricular health | ||||||
12 | and safety requirements in a charter school contract that are | ||||||
13 | not contained in the list promulgated by the State Board, | ||||||
14 | including non-curricular health and safety requirements of the | ||||||
15 | authorizing local school board.
| ||||||
16 | (e) Except as otherwise provided in the School Code, a | ||||||
17 | charter school shall
not charge tuition; provided that a | ||||||
18 | charter school may charge reasonable fees
for textbooks, | ||||||
19 | instructional materials, and student activities.
| ||||||
20 | (f) A charter school shall be responsible for the | ||||||
21 | management and operation
of its fiscal affairs, including,
but | ||||||
22 | not limited to, the preparation of its budget. An audit of each | ||||||
23 | charter
school's finances shall be conducted annually by an | ||||||
24 | outside, independent
contractor retained by the charter | ||||||
25 | school. The contractor shall not be an employee of the charter | ||||||
26 | school or affiliated with the charter school or its authorizer |
| |||||||
| |||||||
1 | in any way, other than to audit the charter school's finances. | ||||||
2 | To ensure financial accountability for the use of public | ||||||
3 | funds, on or before December 1 of every year of operation, each | ||||||
4 | charter school shall submit to its authorizer and the State | ||||||
5 | Board a copy of its audit and a copy of the Form 990 the | ||||||
6 | charter school filed that year with the federal Internal | ||||||
7 | Revenue Service. In addition, if deemed necessary for proper | ||||||
8 | financial oversight of the charter school, an authorizer may | ||||||
9 | require quarterly financial statements from each charter | ||||||
10 | school.
| ||||||
11 | (g) A charter school shall comply with all provisions of | ||||||
12 | this Article, the Illinois Educational Labor Relations Act, | ||||||
13 | all federal and State laws and rules applicable to public | ||||||
14 | schools that pertain to special education and the instruction | ||||||
15 | of English learners, and
its charter. A charter
school is | ||||||
16 | exempt from all other State laws and regulations in this Code
| ||||||
17 | governing public
schools and local school board policies; | ||||||
18 | however, a charter school is not exempt from the following:
| ||||||
19 | (1) Sections 10-21.9 and 34-18.5 of this Code | ||||||
20 | regarding criminal
history records checks and checks of | ||||||
21 | the Statewide Sex Offender Database and Statewide Murderer | ||||||
22 | and Violent Offender Against Youth Database of applicants | ||||||
23 | for employment;
| ||||||
24 | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||||||
25 | 34-84a of this Code regarding discipline of
students;
| ||||||
26 | (3) the Local Governmental and Governmental Employees |
| |||||||
| |||||||
1 | Tort Immunity Act;
| ||||||
2 | (4) Section 108.75 of the General Not For Profit | ||||||
3 | Corporation Act of 1986
regarding indemnification of | ||||||
4 | officers, directors, employees, and agents;
| ||||||
5 | (5) the Abused and Neglected Child Reporting Act;
| ||||||
6 | (5.5) subsection (b) of Section 10-23.12 and | ||||||
7 | subsection (b) of Section 34-18.6 of this Code; | ||||||
8 | (6) the Illinois School Student Records Act;
| ||||||
9 | (7) Section 10-17a of this Code regarding school | ||||||
10 | report cards;
| ||||||
11 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
12 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
13 | prevention; | ||||||
14 | (10) Section 2-3.162 of this Code regarding student | ||||||
15 | discipline reporting; | ||||||
16 | (11) Sections 22-80 and 27-8.1 of this Code; | ||||||
17 | (12) Sections 10-20.60 and 34-18.53 of this Code; | ||||||
18 | (13) Sections 10-20.63 and 34-18.56 of this Code; | ||||||
19 | (14) Section 26-18 of this Code; | ||||||
20 | (15) Section 22-30 of this Code; | ||||||
21 | (16) Sections 24-12 and 34-85 of this Code; and | ||||||
22 | (17) the Seizure Smart School Act; | ||||||
23 | (18) Section 2-3.64a-10 of this Code; and | ||||||
24 | (19) (18) Sections 10-20.73 and 34-21.9 of this Code ; . | ||||||
25 | (20) (19) Section 10-22.25b of this Code ; . | ||||||
26 | (21) (19) Section 27-9.1a of this Code; |
| |||||||
| |||||||
1 | (22) (20) Section 27-9.1b of this Code; and | ||||||
2 | (23) (21) Section 34-18.8 of this Code ; . | ||||||
3 | (25) (19) Section 2-3.188 of this Code; and | ||||||
4 | (26) (20) Section 22-85.5 of this Code. | ||||||
5 | The change made by Public Act 96-104 to this subsection | ||||||
6 | (g) is declaratory of existing law. | ||||||
7 | (h) A charter school may negotiate and contract with a | ||||||
8 | school district, the
governing body of a State college or | ||||||
9 | university or public community college, or
any other public or | ||||||
10 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
11 | school building and grounds or any other real property or | ||||||
12 | facilities that
the charter school desires to use or convert | ||||||
13 | for use as a charter school site,
(ii) the operation and | ||||||
14 | maintenance thereof, and
(iii) the provision of any service, | ||||||
15 | activity, or undertaking that the charter
school is required | ||||||
16 | to perform in order to carry out the terms of its charter.
| ||||||
17 | However, a charter school
that is established on
or
after | ||||||
18 | April 16, 2003 (the effective date of Public Act 93-3) and that | ||||||
19 | operates
in a city having a population exceeding
500,000 may | ||||||
20 | not contract with a for-profit entity to
manage or operate the | ||||||
21 | school during the period that commences on April 16, 2003 (the
| ||||||
22 | effective date of Public Act 93-3) and
concludes at the end of | ||||||
23 | the 2004-2005 school year.
Except as provided in subsection | ||||||
24 | (i) of this Section, a school district may
charge a charter | ||||||
25 | school reasonable rent for the use of the district's
| ||||||
26 | buildings, grounds, and facilities. Any services for which a |
| |||||||
| |||||||
1 | charter school
contracts
with a school district shall be | ||||||
2 | provided by the district at cost. Any services
for which a | ||||||
3 | charter school contracts with a local school board or with the
| ||||||
4 | governing body of a State college or university or public | ||||||
5 | community college
shall be provided by the public entity at | ||||||
6 | cost.
| ||||||
7 | (i) In no event shall a charter school that is established | ||||||
8 | by converting an
existing school or attendance center to | ||||||
9 | charter school status be required to
pay rent for space
that is | ||||||
10 | deemed available, as negotiated and provided in the charter | ||||||
11 | agreement,
in school district
facilities. However, all other | ||||||
12 | costs for the operation and maintenance of
school district | ||||||
13 | facilities that are used by the charter school shall be | ||||||
14 | subject
to negotiation between
the charter school and the | ||||||
15 | local school board and shall be set forth in the
charter.
| ||||||
16 | (j) A charter school may limit student enrollment by age | ||||||
17 | or grade level.
| ||||||
18 | (k) If the charter school is approved by the State Board or | ||||||
19 | Commission, then the charter school is its own local education | ||||||
20 | agency. | ||||||
21 | (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; | ||||||
22 | 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. | ||||||
23 | 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-360, | ||||||
24 | eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. 8-20-21; | ||||||
25 | 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; revised | ||||||
26 | 12-21-21.) |
| |||||||
| |||||||
1 | (Text of Section after amendment by P.A. 102-157 but | ||||||
2 | before amendment by P.A. 102-466 )
| ||||||
3 | Sec. 27A-5. Charter school; legal entity; requirements.
| ||||||
4 | (a) A charter school shall be a public, nonsectarian, | ||||||
5 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
6 | school shall be organized and operated
as a nonprofit | ||||||
7 | corporation or other discrete, legal, nonprofit entity
| ||||||
8 | authorized under the laws of the State of Illinois.
| ||||||
9 | (b) A charter school may be established under this Article | ||||||
10 | by creating a new
school or by converting an existing public | ||||||
11 | school or attendance center to
charter
school status.
| ||||||
12 | Beginning on April 16, 2003 (the effective date of Public Act | ||||||
13 | 93-3), in all new
applications to establish
a charter
school | ||||||
14 | in a city having a population exceeding 500,000, operation of | ||||||
15 | the
charter
school shall be limited to one campus. The changes | ||||||
16 | made to this Section by Public Act 93-3 do not apply to charter | ||||||
17 | schools existing or approved on or before April 16, 2003 (the
| ||||||
18 | effective date of Public Act 93-3). | ||||||
19 | (b-5) In this subsection (b-5), "virtual-schooling" means | ||||||
20 | a cyber school where students engage in online curriculum and | ||||||
21 | instruction via the Internet and electronic communication with | ||||||
22 | their teachers at remote locations and with students | ||||||
23 | participating at different times. | ||||||
24 | From April 1, 2013 through December 31, 2016, there is a | ||||||
25 | moratorium on the establishment of charter schools with |
| |||||||
| |||||||
1 | virtual-schooling components in school districts other than a | ||||||
2 | school district organized under Article 34 of this Code. This | ||||||
3 | moratorium does not apply to a charter school with | ||||||
4 | virtual-schooling components existing or approved prior to | ||||||
5 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
6 | school with virtual-schooling components already approved | ||||||
7 | prior to April 1, 2013.
| ||||||
8 | (c) A charter school shall be administered and governed by | ||||||
9 | its board of
directors or other governing body
in the manner | ||||||
10 | provided in its charter. The governing body of a charter | ||||||
11 | school
shall be subject to the Freedom of Information Act and | ||||||
12 | the Open Meetings Act. No later than January 1, 2021 (one year | ||||||
13 | after the effective date of Public Act 101-291), a charter | ||||||
14 | school's board of directors or other governing body must | ||||||
15 | include at least one parent or guardian of a pupil currently | ||||||
16 | enrolled in the charter school who may be selected through the | ||||||
17 | charter school or a charter network election, appointment by | ||||||
18 | the charter school's board of directors or other governing | ||||||
19 | body, or by the charter school's Parent Teacher Organization | ||||||
20 | or its equivalent. | ||||||
21 | (c-5) No later than January 1, 2021 (one year after the | ||||||
22 | effective date of Public Act 101-291) or within the first year | ||||||
23 | of his or her first term, every voting member of a charter | ||||||
24 | school's board of directors or other governing body shall | ||||||
25 | complete a minimum of 4 hours of professional development | ||||||
26 | leadership training to ensure that each member has sufficient |
| |||||||
| |||||||
1 | familiarity with the board's or governing body's role and | ||||||
2 | responsibilities, including financial oversight and | ||||||
3 | accountability of the school, evaluating the principal's and | ||||||
4 | school's performance, adherence to the Freedom of Information | ||||||
5 | Act and the Open Meetings Act, and compliance with education | ||||||
6 | and labor law. In each subsequent year of his or her term, a | ||||||
7 | voting member of a charter school's board of directors or | ||||||
8 | other governing body shall complete a minimum of 2 hours of | ||||||
9 | professional development training in these same areas. The | ||||||
10 | training under this subsection may be provided or certified by | ||||||
11 | a statewide charter school membership association or may be | ||||||
12 | provided or certified by other qualified providers approved by | ||||||
13 | the State Board of Education.
| ||||||
14 | (d) For purposes of this subsection (d), "non-curricular | ||||||
15 | health and safety requirement" means any health and safety | ||||||
16 | requirement created by statute or rule to provide, maintain, | ||||||
17 | preserve, or safeguard safe or healthful conditions for | ||||||
18 | students and school personnel or to eliminate, reduce, or | ||||||
19 | prevent threats to the health and safety of students and | ||||||
20 | school personnel. "Non-curricular health and safety | ||||||
21 | requirement" does not include any course of study or | ||||||
22 | specialized instructional requirement for which the State | ||||||
23 | Board has established goals and learning standards or which is | ||||||
24 | designed primarily to impart knowledge and skills for students | ||||||
25 | to master and apply as an outcome of their education. | ||||||
26 | A charter school shall comply with all non-curricular |
| |||||||
| |||||||
1 | health and safety
requirements applicable to public schools | ||||||
2 | under the laws of the State of
Illinois. On or before September | ||||||
3 | 1, 2015, the State Board shall promulgate and post on its | ||||||
4 | Internet website a list of non-curricular health and safety | ||||||
5 | requirements that a charter school must meet. The list shall | ||||||
6 | be updated annually no later than September 1. Any charter | ||||||
7 | contract between a charter school and its authorizer must | ||||||
8 | contain a provision that requires the charter school to follow | ||||||
9 | the list of all non-curricular health and safety requirements | ||||||
10 | promulgated by the State Board and any non-curricular health | ||||||
11 | and safety requirements added by the State Board to such list | ||||||
12 | during the term of the charter. Nothing in this subsection (d) | ||||||
13 | precludes an authorizer from including non-curricular health | ||||||
14 | and safety requirements in a charter school contract that are | ||||||
15 | not contained in the list promulgated by the State Board, | ||||||
16 | including non-curricular health and safety requirements of the | ||||||
17 | authorizing local school board.
| ||||||
18 | (e) Except as otherwise provided in the School Code, a | ||||||
19 | charter school shall
not charge tuition; provided that a | ||||||
20 | charter school may charge reasonable fees
for textbooks, | ||||||
21 | instructional materials, and student activities.
| ||||||
22 | (f) A charter school shall be responsible for the | ||||||
23 | management and operation
of its fiscal affairs, including,
but | ||||||
24 | not limited to, the preparation of its budget. An audit of each | ||||||
25 | charter
school's finances shall be conducted annually by an | ||||||
26 | outside, independent
contractor retained by the charter |
| |||||||
| |||||||
1 | school. The contractor shall not be an employee of the charter | ||||||
2 | school or affiliated with the charter school or its authorizer | ||||||
3 | in any way, other than to audit the charter school's finances. | ||||||
4 | To ensure financial accountability for the use of public | ||||||
5 | funds, on or before December 1 of every year of operation, each | ||||||
6 | charter school shall submit to its authorizer and the State | ||||||
7 | Board a copy of its audit and a copy of the Form 990 the | ||||||
8 | charter school filed that year with the federal Internal | ||||||
9 | Revenue Service. In addition, if deemed necessary for proper | ||||||
10 | financial oversight of the charter school, an authorizer may | ||||||
11 | require quarterly financial statements from each charter | ||||||
12 | school.
| ||||||
13 | (g) A charter school shall comply with all provisions of | ||||||
14 | this Article, the Illinois Educational Labor Relations Act, | ||||||
15 | all federal and State laws and rules applicable to public | ||||||
16 | schools that pertain to special education and the instruction | ||||||
17 | of English learners, and
its charter. A charter
school is | ||||||
18 | exempt from all other State laws and regulations in this Code
| ||||||
19 | governing public
schools and local school board policies; | ||||||
20 | however, a charter school is not exempt from the following:
| ||||||
21 | (1) Sections 10-21.9 and 34-18.5 of this Code | ||||||
22 | regarding criminal
history records checks and checks of | ||||||
23 | the Statewide Sex Offender Database and Statewide Murderer | ||||||
24 | and Violent Offender Against Youth Database of applicants | ||||||
25 | for employment;
| ||||||
26 | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and |
| |||||||
| |||||||
1 | 34-84a of this Code regarding discipline of
students;
| ||||||
2 | (3) the Local Governmental and Governmental Employees | ||||||
3 | Tort Immunity Act;
| ||||||
4 | (4) Section 108.75 of the General Not For Profit | ||||||
5 | Corporation Act of 1986
regarding indemnification of | ||||||
6 | officers, directors, employees, and agents;
| ||||||
7 | (5) the Abused and Neglected Child Reporting Act;
| ||||||
8 | (5.5) subsection (b) of Section 10-23.12 and | ||||||
9 | subsection (b) of Section 34-18.6 of this Code; | ||||||
10 | (6) the Illinois School Student Records Act;
| ||||||
11 | (7) Section 10-17a of this Code regarding school | ||||||
12 | report cards;
| ||||||
13 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
14 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
15 | prevention; | ||||||
16 | (10) Section 2-3.162 of this Code regarding student | ||||||
17 | discipline reporting; | ||||||
18 | (11) Sections 22-80 and 27-8.1 of this Code; | ||||||
19 | (12) Sections 10-20.60 and 34-18.53 of this Code; | ||||||
20 | (13) Sections 10-20.63 and 34-18.56 of this Code; | ||||||
21 | (14) Sections 22-90 and 26-18 of this Code; | ||||||
22 | (15) Section 22-30 of this Code; | ||||||
23 | (16) Sections 24-12 and 34-85 of this Code; and | ||||||
24 | (17) the Seizure Smart School Act; | ||||||
25 | (18) Section 2-3.64a-10 of this Code; and | ||||||
26 | (19) (18) Sections 10-20.73 and 34-21.9 of this Code ; . |
| |||||||
| |||||||
1 | (20) (19) Section 10-22.25b of this Code ; . | ||||||
2 | (21) (19) Section 27-9.1a of this Code; | ||||||
3 | (22) (20) Section 27-9.1b of this Code; and | ||||||
4 | (23) (21) Section 34-18.8 of this Code ; . | ||||||
5 | (25) (19) Section 2-3.188 of this Code; and | ||||||
6 | (26) (20) Section 22-85.5 of this Code. | ||||||
7 | The change made by Public Act 96-104 to this subsection | ||||||
8 | (g) is declaratory of existing law. | ||||||
9 | (h) A charter school may negotiate and contract with a | ||||||
10 | school district, the
governing body of a State college or | ||||||
11 | university or public community college, or
any other public or | ||||||
12 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
13 | school building and grounds or any other real property or | ||||||
14 | facilities that
the charter school desires to use or convert | ||||||
15 | for use as a charter school site,
(ii) the operation and | ||||||
16 | maintenance thereof, and
(iii) the provision of any service, | ||||||
17 | activity, or undertaking that the charter
school is required | ||||||
18 | to perform in order to carry out the terms of its charter.
| ||||||
19 | However, a charter school
that is established on
or
after | ||||||
20 | April 16, 2003 (the effective date of Public Act 93-3) and that | ||||||
21 | operates
in a city having a population exceeding
500,000 may | ||||||
22 | not contract with a for-profit entity to
manage or operate the | ||||||
23 | school during the period that commences on April 16, 2003 (the
| ||||||
24 | effective date of Public Act 93-3) and
concludes at the end of | ||||||
25 | the 2004-2005 school year.
Except as provided in subsection | ||||||
26 | (i) of this Section, a school district may
charge a charter |
| |||||||
| |||||||
1 | school reasonable rent for the use of the district's
| ||||||
2 | buildings, grounds, and facilities. Any services for which a | ||||||
3 | charter school
contracts
with a school district shall be | ||||||
4 | provided by the district at cost. Any services
for which a | ||||||
5 | charter school contracts with a local school board or with the
| ||||||
6 | governing body of a State college or university or public | ||||||
7 | community college
shall be provided by the public entity at | ||||||
8 | cost.
| ||||||
9 | (i) In no event shall a charter school that is established | ||||||
10 | by converting an
existing school or attendance center to | ||||||
11 | charter school status be required to
pay rent for space
that is | ||||||
12 | deemed available, as negotiated and provided in the charter | ||||||
13 | agreement,
in school district
facilities. However, all other | ||||||
14 | costs for the operation and maintenance of
school district | ||||||
15 | facilities that are used by the charter school shall be | ||||||
16 | subject
to negotiation between
the charter school and the | ||||||
17 | local school board and shall be set forth in the
charter.
| ||||||
18 | (j) A charter school may limit student enrollment by age | ||||||
19 | or grade level.
| ||||||
20 | (k) If the charter school is approved by the State Board or | ||||||
21 | Commission, then the charter school is its own local education | ||||||
22 | agency. | ||||||
23 | (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; | ||||||
24 | 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. | ||||||
25 | 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, | ||||||
26 | eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; |
| |||||||
| |||||||
1 | 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. | ||||||
2 | 12-3-21; revised 12-21-21.) | ||||||
3 | (Text of Section after amendment by P.A. 102-466 ) | ||||||
4 | Sec. 27A-5. Charter school; legal entity; requirements.
| ||||||
5 | (a) A charter school shall be a public, nonsectarian, | ||||||
6 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
7 | school shall be organized and operated
as a nonprofit | ||||||
8 | corporation or other discrete, legal, nonprofit entity
| ||||||
9 | authorized under the laws of the State of Illinois.
| ||||||
10 | (b) A charter school may be established under this Article | ||||||
11 | by creating a new
school or by converting an existing public | ||||||
12 | school or attendance center to
charter
school status.
| ||||||
13 | Beginning on April 16, 2003 (the effective date of Public Act | ||||||
14 | 93-3), in all new
applications to establish
a charter
school | ||||||
15 | in a city having a population exceeding 500,000, operation of | ||||||
16 | the
charter
school shall be limited to one campus. The changes | ||||||
17 | made to this Section by Public Act 93-3 do not apply to charter | ||||||
18 | schools existing or approved on or before April 16, 2003 (the
| ||||||
19 | effective date of Public Act 93-3). | ||||||
20 | (b-5) In this subsection (b-5), "virtual-schooling" means | ||||||
21 | a cyber school where students engage in online curriculum and | ||||||
22 | instruction via the Internet and electronic communication with | ||||||
23 | their teachers at remote locations and with students | ||||||
24 | participating at different times. | ||||||
25 | From April 1, 2013 through December 31, 2016, there is a |
| |||||||
| |||||||
1 | moratorium on the establishment of charter schools with | ||||||
2 | virtual-schooling components in school districts other than a | ||||||
3 | school district organized under Article 34 of this Code. This | ||||||
4 | moratorium does not apply to a charter school with | ||||||
5 | virtual-schooling components existing or approved prior to | ||||||
6 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
7 | school with virtual-schooling components already approved | ||||||
8 | prior to April 1, 2013.
| ||||||
9 | (c) A charter school shall be administered and governed by | ||||||
10 | its board of
directors or other governing body
in the manner | ||||||
11 | provided in its charter. The governing body of a charter | ||||||
12 | school
shall be subject to the Freedom of Information Act and | ||||||
13 | the Open Meetings Act. No later than January 1, 2021 (one year | ||||||
14 | after the effective date of Public Act 101-291), a charter | ||||||
15 | school's board of directors or other governing body must | ||||||
16 | include at least one parent or guardian of a pupil currently | ||||||
17 | enrolled in the charter school who may be selected through the | ||||||
18 | charter school or a charter network election, appointment by | ||||||
19 | the charter school's board of directors or other governing | ||||||
20 | body, or by the charter school's Parent Teacher Organization | ||||||
21 | or its equivalent. | ||||||
22 | (c-5) No later than January 1, 2021 (one year after the | ||||||
23 | effective date of Public Act 101-291) or within the first year | ||||||
24 | of his or her first term, every voting member of a charter | ||||||
25 | school's board of directors or other governing body shall | ||||||
26 | complete a minimum of 4 hours of professional development |
| |||||||
| |||||||
1 | leadership training to ensure that each member has sufficient | ||||||
2 | familiarity with the board's or governing body's role and | ||||||
3 | responsibilities, including financial oversight and | ||||||
4 | accountability of the school, evaluating the principal's and | ||||||
5 | school's performance, adherence to the Freedom of Information | ||||||
6 | Act and the Open Meetings Act, and compliance with education | ||||||
7 | and labor law. In each subsequent year of his or her term, a | ||||||
8 | voting member of a charter school's board of directors or | ||||||
9 | other governing body shall complete a minimum of 2 hours of | ||||||
10 | professional development training in these same areas. The | ||||||
11 | training under this subsection may be provided or certified by | ||||||
12 | a statewide charter school membership association or may be | ||||||
13 | provided or certified by other qualified providers approved by | ||||||
14 | the State Board of Education.
| ||||||
15 | (d) For purposes of this subsection (d), "non-curricular | ||||||
16 | health and safety requirement" means any health and safety | ||||||
17 | requirement created by statute or rule to provide, maintain, | ||||||
18 | preserve, or safeguard safe or healthful conditions for | ||||||
19 | students and school personnel or to eliminate, reduce, or | ||||||
20 | prevent threats to the health and safety of students and | ||||||
21 | school personnel. "Non-curricular health and safety | ||||||
22 | requirement" does not include any course of study or | ||||||
23 | specialized instructional requirement for which the State | ||||||
24 | Board has established goals and learning standards or which is | ||||||
25 | designed primarily to impart knowledge and skills for students | ||||||
26 | to master and apply as an outcome of their education. |
| |||||||
| |||||||
1 | A charter school shall comply with all non-curricular | ||||||
2 | health and safety
requirements applicable to public schools | ||||||
3 | under the laws of the State of
Illinois. On or before September | ||||||
4 | 1, 2015, the State Board shall promulgate and post on its | ||||||
5 | Internet website a list of non-curricular health and safety | ||||||
6 | requirements that a charter school must meet. The list shall | ||||||
7 | be updated annually no later than September 1. Any charter | ||||||
8 | contract between a charter school and its authorizer must | ||||||
9 | contain a provision that requires the charter school to follow | ||||||
10 | the list of all non-curricular health and safety requirements | ||||||
11 | promulgated by the State Board and any non-curricular health | ||||||
12 | and safety requirements added by the State Board to such list | ||||||
13 | during the term of the charter. Nothing in this subsection (d) | ||||||
14 | precludes an authorizer from including non-curricular health | ||||||
15 | and safety requirements in a charter school contract that are | ||||||
16 | not contained in the list promulgated by the State Board, | ||||||
17 | including non-curricular health and safety requirements of the | ||||||
18 | authorizing local school board.
| ||||||
19 | (e) Except as otherwise provided in the School Code, a | ||||||
20 | charter school shall
not charge tuition; provided that a | ||||||
21 | charter school may charge reasonable fees
for textbooks, | ||||||
22 | instructional materials, and student activities.
| ||||||
23 | (f) A charter school shall be responsible for the | ||||||
24 | management and operation
of its fiscal affairs, including,
but | ||||||
25 | not limited to, the preparation of its budget. An audit of each | ||||||
26 | charter
school's finances shall be conducted annually by an |
| |||||||
| |||||||
1 | outside, independent
contractor retained by the charter | ||||||
2 | school. The contractor shall not be an employee of the charter | ||||||
3 | school or affiliated with the charter school or its authorizer | ||||||
4 | in any way, other than to audit the charter school's finances. | ||||||
5 | To ensure financial accountability for the use of public | ||||||
6 | funds, on or before December 1 of every year of operation, each | ||||||
7 | charter school shall submit to its authorizer and the State | ||||||
8 | Board a copy of its audit and a copy of the Form 990 the | ||||||
9 | charter school filed that year with the federal Internal | ||||||
10 | Revenue Service. In addition, if deemed necessary for proper | ||||||
11 | financial oversight of the charter school, an authorizer may | ||||||
12 | require quarterly financial statements from each charter | ||||||
13 | school.
| ||||||
14 | (g) A charter school shall comply with all provisions of | ||||||
15 | this Article, the Illinois Educational Labor Relations Act, | ||||||
16 | all federal and State laws and rules applicable to public | ||||||
17 | schools that pertain to special education and the instruction | ||||||
18 | of English learners, and
its charter. A charter
school is | ||||||
19 | exempt from all other State laws and regulations in this Code
| ||||||
20 | governing public
schools and local school board policies; | ||||||
21 | however, a charter school is not exempt from the following:
| ||||||
22 | (1) Sections 10-21.9 and 34-18.5 of this Code | ||||||
23 | regarding criminal
history records checks and checks of | ||||||
24 | the Statewide Sex Offender Database and Statewide Murderer | ||||||
25 | and Violent Offender Against Youth Database of applicants | ||||||
26 | for employment;
|
| |||||||
| |||||||
1 | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||||||
2 | 34-84a of this Code regarding discipline of
students;
| ||||||
3 | (3) the Local Governmental and Governmental Employees | ||||||
4 | Tort Immunity Act;
| ||||||
5 | (4) Section 108.75 of the General Not For Profit | ||||||
6 | Corporation Act of 1986
regarding indemnification of | ||||||
7 | officers, directors, employees, and agents;
| ||||||
8 | (5) the Abused and Neglected Child Reporting Act;
| ||||||
9 | (5.5) subsection (b) of Section 10-23.12 and | ||||||
10 | subsection (b) of Section 34-18.6 of this Code; | ||||||
11 | (6) the Illinois School Student Records Act;
| ||||||
12 | (7) Section 10-17a of this Code regarding school | ||||||
13 | report cards;
| ||||||
14 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
15 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
16 | prevention; | ||||||
17 | (10) Section 2-3.162 of this Code regarding student | ||||||
18 | discipline reporting; | ||||||
19 | (11) Sections 22-80 and 27-8.1 of this Code; | ||||||
20 | (12) Sections 10-20.60 and 34-18.53 of this Code; | ||||||
21 | (13) Sections 10-20.63 and 34-18.56 of this Code; | ||||||
22 | (14) Sections 22-90 and 26-18 of this Code; | ||||||
23 | (15) Section 22-30 of this Code; | ||||||
24 | (16) Sections 24-12 and 34-85 of this Code; and | ||||||
25 | (17) the Seizure Smart School Act; | ||||||
26 | (18) Section 2-3.64a-10 of this Code; and |
| |||||||
| |||||||
1 | (19) (18) Sections 10-20.73 and 34-21.9 of this Code ; . | ||||||
2 | (20) (19) Section 10-22.25b of this Code ; . | ||||||
3 | (21) (19) Section 27-9.1a of this Code; | ||||||
4 | (22) (20) Section 27-9.1b of this Code; and | ||||||
5 | (23) (21) Section 34-18.8 of this Code ; . | ||||||
6 | (24) (19) Article 26A of this Code ; . | ||||||
7 | (25) (19) Section 2-3.188 of this Code; and | ||||||
8 | (26) (20) Section 22-85.5 of this Code. | ||||||
9 | The change made by Public Act 96-104 to this subsection | ||||||
10 | (g) is declaratory of existing law. | ||||||
11 | (h) A charter school may negotiate and contract with a | ||||||
12 | school district, the
governing body of a State college or | ||||||
13 | university or public community college, or
any other public or | ||||||
14 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
15 | school building and grounds or any other real property or | ||||||
16 | facilities that
the charter school desires to use or convert | ||||||
17 | for use as a charter school site,
(ii) the operation and | ||||||
18 | maintenance thereof, and
(iii) the provision of any service, | ||||||
19 | activity, or undertaking that the charter
school is required | ||||||
20 | to perform in order to carry out the terms of its charter.
| ||||||
21 | However, a charter school
that is established on
or
after | ||||||
22 | April 16, 2003 (the effective date of Public Act 93-3) and that | ||||||
23 | operates
in a city having a population exceeding
500,000 may | ||||||
24 | not contract with a for-profit entity to
manage or operate the | ||||||
25 | school during the period that commences on April 16, 2003 (the
| ||||||
26 | effective date of Public Act 93-3) and
concludes at the end of |
| |||||||
| |||||||
1 | the 2004-2005 school year.
Except as provided in subsection | ||||||
2 | (i) of this Section, a school district may
charge a charter | ||||||
3 | school reasonable rent for the use of the district's
| ||||||
4 | buildings, grounds, and facilities. Any services for which a | ||||||
5 | charter school
contracts
with a school district shall be | ||||||
6 | provided by the district at cost. Any services
for which a | ||||||
7 | charter school contracts with a local school board or with the
| ||||||
8 | governing body of a State college or university or public | ||||||
9 | community college
shall be provided by the public entity at | ||||||
10 | cost.
| ||||||
11 | (i) In no event shall a charter school that is established | ||||||
12 | by converting an
existing school or attendance center to | ||||||
13 | charter school status be required to
pay rent for space
that is | ||||||
14 | deemed available, as negotiated and provided in the charter | ||||||
15 | agreement,
in school district
facilities. However, all other | ||||||
16 | costs for the operation and maintenance of
school district | ||||||
17 | facilities that are used by the charter school shall be | ||||||
18 | subject
to negotiation between
the charter school and the | ||||||
19 | local school board and shall be set forth in the
charter.
| ||||||
20 | (j) A charter school may limit student enrollment by age | ||||||
21 | or grade level.
| ||||||
22 | (k) If the charter school is approved by the State Board or | ||||||
23 | Commission, then the charter school is its own local education | ||||||
24 | agency. | ||||||
25 | (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; | ||||||
26 | 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. |
| |||||||
| |||||||
1 | 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, | ||||||
2 | eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; | ||||||
3 | 102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. | ||||||
4 | 8-20-21; 102-676, eff. 12-3-21; revised 12-21-21.) | ||||||
5 | (105 ILCS 5/29-5) (from Ch. 122, par. 29-5) | ||||||
6 | Sec. 29-5. Reimbursement by State for transportation. Any | ||||||
7 | school
district, maintaining a school, transporting resident | ||||||
8 | pupils to another
school district's vocational program, | ||||||
9 | offered through a joint agreement
approved by the State Board | ||||||
10 | of Education, as provided in Section
10-22.22 or transporting | ||||||
11 | its resident pupils to a school which meets the
standards for | ||||||
12 | recognition as established by the State Board of Education
| ||||||
13 | which provides transportation meeting the standards of safety, | ||||||
14 | comfort,
convenience, efficiency and operation prescribed by | ||||||
15 | the State Board of
Education for resident pupils in | ||||||
16 | kindergarten or any of grades 1 through
12 who: (a) reside at | ||||||
17 | least 1 1/2 miles as measured by the customary route of
travel, | ||||||
18 | from the school attended; or (b) reside in areas where | ||||||
19 | conditions are
such that walking constitutes a hazard to the | ||||||
20 | safety of the child when
determined under Section 29-3; and | ||||||
21 | (c) are transported to the school attended
from pick-up points | ||||||
22 | at the beginning of the school day and back again at the
close | ||||||
23 | of the school day or transported to and from their assigned | ||||||
24 | attendance
centers during the school day, shall be reimbursed | ||||||
25 | by the State as hereinafter
provided in this Section.
|
| |||||||
| |||||||
1 | The State will pay the prorated allowable cost of | ||||||
2 | transporting eligible pupils less the real equalized assessed | ||||||
3 | valuation as computed under paragraph (3) of subsection (d) of | ||||||
4 | Section 18-8.15 in a dual school district maintaining | ||||||
5 | secondary
grades 9 to 12 inclusive times a qualifying rate of | ||||||
6 | .05%; in elementary
school districts maintaining grades K to 8 | ||||||
7 | times a qualifying rate of
.06%; and in unit districts | ||||||
8 | maintaining grades K to 12, including partial elementary unit | ||||||
9 | districts formed pursuant to Article 11E, times a qualifying
| ||||||
10 | rate of .07%. To be eligible to receive reimbursement in | ||||||
11 | excess of 4/5
of the cost to transport eligible pupils, a | ||||||
12 | school district or partial elementary unit district formed | ||||||
13 | pursuant to Article 11E shall have a
Transportation Fund tax | ||||||
14 | rate of at least .12%. The Transportation Fund tax rate for a | ||||||
15 | partial elementary unit district formed pursuant Article 11E | ||||||
16 | shall be the combined elementary and high school rates | ||||||
17 | pursuant to paragraph (4) of subsection (a) of Section | ||||||
18 | 18-8.15. If a school district or partial elementary unit | ||||||
19 | district formed pursuant to Article 11E
does not have a .12% | ||||||
20 | Transportation Fund tax rate, the amount of its
claim in | ||||||
21 | excess of 4/5 of the cost of transporting pupils shall be
| ||||||
22 | reduced by the sum arrived at by subtracting the | ||||||
23 | Transportation Fund tax
rate from .12% and multiplying that | ||||||
24 | amount by the district's real equalized assessed valuation as | ||||||
25 | computed under paragraph (3) of subsection (d) of Section | ||||||
26 | 18-8.15, provided that in no case shall said reduction
result |
| |||||||
| |||||||
1 | in reimbursement of less than 4/5 of the cost to transport
| ||||||
2 | eligible pupils.
| ||||||
3 | The minimum amount to be received by a district is $16 | ||||||
4 | times the
number of eligible pupils transported.
| ||||||
5 | When calculating the reimbursement for transportation | ||||||
6 | costs, the State Board of Education may not deduct the number | ||||||
7 | of pupils enrolled in early education programs from the number | ||||||
8 | of pupils eligible for reimbursement if the pupils enrolled in | ||||||
9 | the early education programs are transported at the same time | ||||||
10 | as other eligible pupils.
| ||||||
11 | Any such district transporting resident pupils during the | ||||||
12 | school day
to an area vocational school or another school | ||||||
13 | district's vocational
program more than 1 1/2 miles from the | ||||||
14 | school attended, as provided in
Sections 10-22.20a and | ||||||
15 | 10-22.22, shall be reimbursed by the State for 4/5
of the cost | ||||||
16 | of transporting eligible pupils.
| ||||||
17 | School day means that period of time during which the | ||||||
18 | pupil is required to be
in attendance for instructional | ||||||
19 | purposes.
| ||||||
20 | If a pupil is at a location within the school district | ||||||
21 | other than his
residence for child care purposes at the time | ||||||
22 | for transportation to school,
that location may be considered | ||||||
23 | for purposes of determining the 1 1/2 miles
from the school | ||||||
24 | attended.
| ||||||
25 | Claims for reimbursement that include children who attend | ||||||
26 | any school
other than a public school shall show the number of |
| |||||||
| |||||||
1 | such children
transported.
| ||||||
2 | Claims for reimbursement under this Section shall not be | ||||||
3 | paid for the
transportation of pupils for whom transportation | ||||||
4 | costs are claimed for
payment under other Sections of this | ||||||
5 | Act.
| ||||||
6 | The allowable direct cost of transporting pupils for | ||||||
7 | regular, vocational,
and special education pupil | ||||||
8 | transportation shall be limited to the sum of
the cost of | ||||||
9 | physical examinations required for employment as a school bus
| ||||||
10 | driver; the salaries of full-time or part-time drivers and | ||||||
11 | school bus maintenance
personnel; employee benefits excluding | ||||||
12 | Illinois municipal retirement
payments, social security | ||||||
13 | payments, unemployment insurance payments and
workers' | ||||||
14 | compensation insurance premiums; expenditures to independent
| ||||||
15 | carriers who operate school buses; payments to other school | ||||||
16 | districts for
pupil transportation services; pre-approved | ||||||
17 | contractual expenditures for
computerized bus scheduling; | ||||||
18 | expenditures for housing assistance and homeless prevention | ||||||
19 | under Sections 1-17 and 1-18 of the Education for Homeless | ||||||
20 | Children Act that are not in excess of the school district's | ||||||
21 | actual costs for providing transportation services and are not | ||||||
22 | otherwise claimed in another State or federal grant that | ||||||
23 | permits those costs to a parent, a legal guardian, any other | ||||||
24 | person who enrolled a pupil, or a homeless assistance agency | ||||||
25 | that is part of the federal McKinney-Vento Homeless Assistance | ||||||
26 | Act's continuum of care for the area in which the district is |
| |||||||
| |||||||
1 | located; the cost of gasoline, oil, tires, and other
supplies | ||||||
2 | necessary for the operation of school buses; the cost of
| ||||||
3 | converting buses' gasoline engines to more fuel efficient | ||||||
4 | engines or to
engines which use alternative energy sources; | ||||||
5 | the cost of travel to
meetings and workshops conducted by the | ||||||
6 | regional superintendent or the
State Superintendent of | ||||||
7 | Education pursuant to the standards established by
the | ||||||
8 | Secretary of State under Section 6-106 of the Illinois Vehicle | ||||||
9 | Code to improve the driving skills of
school bus drivers; the | ||||||
10 | cost of maintenance of school buses including parts
and | ||||||
11 | materials used; expenditures for leasing transportation | ||||||
12 | vehicles,
except interest and service charges; the cost of | ||||||
13 | insurance and licenses for
transportation vehicles; | ||||||
14 | expenditures for the rental of transportation
equipment; plus | ||||||
15 | a depreciation allowance of 20% for 5 years for school
buses | ||||||
16 | and vehicles approved for transporting pupils to and from | ||||||
17 | school and
a depreciation allowance of 10% for 10 years for | ||||||
18 | other transportation
equipment so used.
Each school year, if a | ||||||
19 | school district has made expenditures to the
Regional | ||||||
20 | Transportation Authority or any of its service boards, a mass
| ||||||
21 | transit district, or an urban transportation district under an
| ||||||
22 | intergovernmental agreement with the district to provide for | ||||||
23 | the
transportation of pupils and if the public transit carrier | ||||||
24 | received direct
payment for services or passes from a school | ||||||
25 | district within its service
area during the 2000-2001 school | ||||||
26 | year, then the allowable direct cost of
transporting pupils |
| |||||||
| |||||||
1 | for regular, vocational, and special education pupil
| ||||||
2 | transportation shall also include the expenditures that the | ||||||
3 | district has
made to the public transit carrier.
In addition | ||||||
4 | to the above allowable costs , school
districts shall also | ||||||
5 | claim all transportation supervisory salary costs,
including | ||||||
6 | Illinois municipal retirement payments, and all transportation
| ||||||
7 | related building and building maintenance costs without | ||||||
8 | limitation.
| ||||||
9 | Special education allowable costs shall also include | ||||||
10 | expenditures for the
salaries of attendants or aides for that | ||||||
11 | portion of the time they assist
special education pupils while | ||||||
12 | in transit and expenditures for parents and
public carriers | ||||||
13 | for transporting special education pupils when pre-approved
by | ||||||
14 | the State Superintendent of Education.
| ||||||
15 | Indirect costs shall be included in the reimbursement | ||||||
16 | claim for districts
which own and operate their own school | ||||||
17 | buses. Such indirect costs shall
include administrative costs, | ||||||
18 | or any costs attributable to transporting
pupils from their | ||||||
19 | attendance centers to another school building for
| ||||||
20 | instructional purposes. No school district which owns and | ||||||
21 | operates its own
school buses may claim reimbursement for | ||||||
22 | indirect costs which exceed 5% of
the total allowable direct | ||||||
23 | costs for pupil transportation.
| ||||||
24 | The State Board of Education shall prescribe uniform | ||||||
25 | regulations for
determining the above standards and shall | ||||||
26 | prescribe forms of cost
accounting and standards of |
| |||||||
| |||||||
1 | determining reasonable depreciation. Such
depreciation shall | ||||||
2 | include the cost of equipping school buses with the
safety | ||||||
3 | features required by law or by the rules, regulations and | ||||||
4 | standards
promulgated by the State Board of Education, and the | ||||||
5 | Department of
Transportation for the safety and construction | ||||||
6 | of school buses provided,
however, any equipment cost | ||||||
7 | reimbursed by the Department of Transportation
for equipping | ||||||
8 | school buses with such safety equipment shall be deducted
from | ||||||
9 | the allowable cost in the computation of reimbursement under | ||||||
10 | this
Section in the same percentage as the cost of the | ||||||
11 | equipment is depreciated.
| ||||||
12 | On or before August 15, annually, the chief school | ||||||
13 | administrator for
the district shall certify to the State | ||||||
14 | Superintendent of Education the
district's claim for | ||||||
15 | reimbursement for the school year ending on June 30
next | ||||||
16 | preceding. The State Superintendent of Education shall check | ||||||
17 | and
approve the claims and prepare the vouchers showing the | ||||||
18 | amounts due for
district reimbursement claims. Each fiscal | ||||||
19 | year, the State
Superintendent of Education shall prepare and | ||||||
20 | transmit the first 3
vouchers to the Comptroller on the 30th | ||||||
21 | day of September, December and
March, respectively, and the | ||||||
22 | final voucher, no later than June 20.
| ||||||
23 | If the amount appropriated for transportation | ||||||
24 | reimbursement is insufficient
to fund total claims for any | ||||||
25 | fiscal year, the State Board of Education shall
reduce each | ||||||
26 | school district's allowable costs and flat grant amount
|
| |||||||
| |||||||
1 | proportionately to make total adjusted claims equal the total | ||||||
2 | amount
appropriated.
| ||||||
3 | For purposes of calculating claims for reimbursement under | ||||||
4 | this Section for any school year beginning July 1, 2016, the | ||||||
5 | equalized assessed valuation for a school district or partial | ||||||
6 | elementary unit district formed pursuant to Article 11E used | ||||||
7 | to compute reimbursement shall be the real equalized assessed | ||||||
8 | valuation as computed under paragraph (3) of subsection (d) of | ||||||
9 | Section 18-8.15.
| ||||||
10 | All reimbursements received from the State shall be | ||||||
11 | deposited into the
district's transportation fund or into the | ||||||
12 | fund from which the allowable
expenditures were made.
| ||||||
13 | Notwithstanding any other provision of law, any school | ||||||
14 | district receiving
a payment under this Section or under | ||||||
15 | Section 14-7.02, 14-7.02b, or
14-13.01 of this Code may | ||||||
16 | classify all or a portion of the funds that it
receives in a | ||||||
17 | particular fiscal year or from State aid pursuant to
Section | ||||||
18 | 18-8.15 of this Code
as funds received in connection with any | ||||||
19 | funding program for which it is
entitled to receive funds from | ||||||
20 | the State in that fiscal year (including,
without limitation, | ||||||
21 | any funding program referenced in this Section),
regardless of | ||||||
22 | the source or timing of the receipt. The district may not
| ||||||
23 | classify more funds as funds received in connection with the | ||||||
24 | funding
program than the district is entitled to receive in | ||||||
25 | that fiscal year for that
program. Any
classification by a | ||||||
26 | district must be made by a resolution of its board of
|
| |||||||
| |||||||
1 | education. The resolution must identify the amount of any | ||||||
2 | payments or
general State aid to be classified under this | ||||||
3 | paragraph and must specify
the funding program to which the | ||||||
4 | funds are to be treated as received in
connection therewith. | ||||||
5 | This resolution is controlling as to the
classification of | ||||||
6 | funds referenced therein. A certified copy of the
resolution | ||||||
7 | must be sent to the State Superintendent of Education.
The | ||||||
8 | resolution shall still take effect even though a copy of the | ||||||
9 | resolution has
not been sent to the State
Superintendent of | ||||||
10 | Education in a timely manner.
No
classification under this | ||||||
11 | paragraph by a district shall affect the total amount
or | ||||||
12 | timing of money the district is entitled to receive under this | ||||||
13 | Code.
No classification under this paragraph by a district | ||||||
14 | shall
in any way relieve the district from or affect any
| ||||||
15 | requirements that otherwise would apply with respect to
that | ||||||
16 | funding program, including any
accounting of funds by source, | ||||||
17 | reporting expenditures by
original source and purpose,
| ||||||
18 | reporting requirements,
or requirements of providing services.
| ||||||
19 | Any school district with a population of not more than | ||||||
20 | 500,000
must deposit all funds received under this Article | ||||||
21 | into the transportation
fund and use those funds for the | ||||||
22 | provision of transportation services.
| ||||||
23 | (Source: P.A. 102-539, eff. 8-20-21; revised 11-29-21.)
| ||||||
24 | (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
| ||||||
25 | Sec. 34-2.1. Local school councils; composition; voter |
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1 | eligibility; elections; terms. | ||||||
2 | (a) Beginning with the first local school council election | ||||||
3 | that occurs after December 3, 2021 ( the effective date of | ||||||
4 | Public Act 102-677) this amendatory Act of the 102nd General | ||||||
5 | Assembly , a local school council shall be established for each | ||||||
6 | attendance
center within the school district, including public | ||||||
7 | small schools within the district. Each local school council | ||||||
8 | shall
consist of the following 12 voting members: the | ||||||
9 | principal of the
attendance center, 2 teachers employed and | ||||||
10 | assigned to perform the
majority of their employment duties at | ||||||
11 | the attendance center, 6 parents of
students currently | ||||||
12 | enrolled at the attendance center, one employee of the school | ||||||
13 | district employed and assigned to perform the majority of his | ||||||
14 | or her employment duties at the attendance center who is not a | ||||||
15 | teacher, and 2 community
residents. Neither the parents nor | ||||||
16 | the community residents who serve as
members of the local | ||||||
17 | school council shall be employees of the Board of
Education. | ||||||
18 | In each secondary attendance center, the local school council
| ||||||
19 | shall consist of 13 voting members through the 2020-2021 | ||||||
20 | school year, the 12 voting members described above
and one | ||||||
21 | full-time student member, and 15 voting members beginning with | ||||||
22 | the 2021-2022 school year, the 12 voting members described | ||||||
23 | above and 3 full-time student members, appointed as provided | ||||||
24 | in subsection
(m) below. In each attendance center enrolling | ||||||
25 | students in 7th and 8th grade, one full-time student member | ||||||
26 | shall be appointed as provided in subsection (m) of this |
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| |||||||
1 | Section.
In the event that the chief executive officer of the | ||||||
2 | Chicago School Reform
Board of Trustees determines that a | ||||||
3 | local school council is not carrying out
its financial duties | ||||||
4 | effectively, the chief executive officer is authorized to
| ||||||
5 | appoint a representative of the business community with | ||||||
6 | experience in finance
and management
to serve as an advisor to | ||||||
7 | the local school council for
the purpose of providing advice | ||||||
8 | and assistance to the local school council on
fiscal matters.
| ||||||
9 | The advisor shall have access to relevant financial records of | ||||||
10 | the
local school council. The advisor may attend executive | ||||||
11 | sessions.
The chief executive officer shall
issue a written | ||||||
12 | policy defining the circumstances under which a local school
| ||||||
13 | council is not carrying out its financial duties effectively.
| ||||||
14 | (b) Within 7 days of January 11, 1991, the Mayor shall | ||||||
15 | appoint the
members and officers (a Chairperson who shall be a | ||||||
16 | parent member and a
Secretary) of each local school council | ||||||
17 | who shall hold their offices until
their successors shall be | ||||||
18 | elected and qualified. Members so appointed shall
have all the | ||||||
19 | powers and duties of local school councils as set forth in
| ||||||
20 | Public Act 86-1477. The Mayor's appointments shall not require
| ||||||
21 | approval by the City Council.
| ||||||
22 | The membership of each local school council shall be | ||||||
23 | encouraged to be
reflective of the racial and ethnic | ||||||
24 | composition of the student population
of the attendance center | ||||||
25 | served by the local school council.
| ||||||
26 | (c) Beginning with the 1995-1996 school year and in every |
| |||||||
| |||||||
1 | even-numbered
year thereafter, the Board shall set second | ||||||
2 | semester Parent Report Card
Pick-up Day for Local School | ||||||
3 | Council elections and may schedule elections at
year-round | ||||||
4 | schools for the same dates as the remainder of the school | ||||||
5 | system.
Elections shall be
conducted as provided herein by the | ||||||
6 | Board of Education in consultation with
the local school | ||||||
7 | council at each attendance center. | ||||||
8 | (c-5) Notwithstanding subsection (c), for the local school | ||||||
9 | council election set for the 2019-2020 school year, the Board | ||||||
10 | may hold the election on the first semester Parent Report Card | ||||||
11 | Pick-up Day of the 2020-2021 school year, making any necessary | ||||||
12 | modifications to the election process or date to comply with | ||||||
13 | guidance from the Department of Public Health and the federal | ||||||
14 | Centers for Disease Control and Prevention. The terms of | ||||||
15 | office of all local school council members eligible to serve | ||||||
16 | and seated on or after March 23, 2020 through January 10, 2021 | ||||||
17 | are extended through January 10, 2021, provided that the | ||||||
18 | members continue to meet eligibility requirements for local | ||||||
19 | school council membership.
| ||||||
20 | (d) Beginning with the 1995-96 school year, the following
| ||||||
21 | procedures shall apply to the election of local school council | ||||||
22 | members at each
attendance center:
| ||||||
23 | (i) The elected members of each local school council | ||||||
24 | shall consist of
the 6 parent members and the 2 community | ||||||
25 | resident members.
| ||||||
26 | (ii) Each elected member shall be elected by the |
| |||||||
| |||||||
1 | eligible voters of
that attendance center to serve for a | ||||||
2 | two-year term
commencing on July 1
immediately following | ||||||
3 | the election described in subsection
(c), except that the | ||||||
4 | terms of members elected to a local school council under | ||||||
5 | subsection (c-5) shall commence on January 11, 2021 and | ||||||
6 | end on July 1, 2022. Eligible
voters for each attendance | ||||||
7 | center shall consist of the parents and community
| ||||||
8 | residents for that attendance center.
| ||||||
9 | (iii) Each eligible voter shall be entitled
to cast | ||||||
10 | one vote for up to
a total of 5 candidates, irrespective of | ||||||
11 | whether such candidates are parent
or community resident | ||||||
12 | candidates.
| ||||||
13 | (iv) Each parent voter shall be entitled to vote in | ||||||
14 | the local
school
council election at each attendance | ||||||
15 | center in which he or she has a child
currently enrolled. | ||||||
16 | Each community resident voter shall be entitled to
vote in | ||||||
17 | the local school council election at each attendance | ||||||
18 | center for
which he or she resides in the applicable | ||||||
19 | attendance area or voting
district, as the case may be.
| ||||||
20 | (v) Each eligible voter shall be entitled to vote | ||||||
21 | once, but
not more
than once, in the local school council | ||||||
22 | election at each attendance center
at which the voter is | ||||||
23 | eligible to vote.
| ||||||
24 | (vi) The 2 teacher members and the non-teacher | ||||||
25 | employee member of each local school council
shall be
| ||||||
26 | appointed as provided in subsection (l) below each to |
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| |||||||
1 | serve for a
two-year
term coinciding with that of the | ||||||
2 | elected parent and community resident
members. From March | ||||||
3 | 23, 2020 through January 10, 2021, the chief executive | ||||||
4 | officer or his or her designee may make accommodations to | ||||||
5 | fill the vacancy of a teacher or non-teacher employee | ||||||
6 | member of a local school council.
| ||||||
7 | (vii) At secondary attendance centers and attendance | ||||||
8 | centers enrolling students in 7th and 8th grade, the | ||||||
9 | voting student members
shall
be appointed as provided in | ||||||
10 | subsection (m) below to serve
for a one-year term | ||||||
11 | coinciding with the beginning of the terms of the elected
| ||||||
12 | parent and community members of the local school council. | ||||||
13 | For the 2020-2021 school year, the chief executive officer | ||||||
14 | or his or her designee may make accommodations to fill the | ||||||
15 | vacancy of a student member of a local school council.
| ||||||
16 | (e) The Council shall publicize the date and place of the | ||||||
17 | election by
posting notices at the attendance center, in | ||||||
18 | public places within the
attendance boundaries of the | ||||||
19 | attendance center and by distributing notices
to the pupils at | ||||||
20 | the attendance center, and shall utilize such other means
as | ||||||
21 | it deems necessary to maximize the involvement of all eligible | ||||||
22 | voters.
| ||||||
23 | (f) Nomination. The Council shall publicize the opening of | ||||||
24 | nominations
by posting notices at the attendance center, in | ||||||
25 | public places within the
attendance boundaries of the | ||||||
26 | attendance center and by distributing notices
to the pupils at |
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| |||||||
1 | the attendance center, and shall utilize such other means
as | ||||||
2 | it deems necessary to maximize the involvement of all eligible | ||||||
3 | voters.
Not less than 2 weeks before the election date, | ||||||
4 | persons eligible to run for
the Council shall submit their | ||||||
5 | name,
date of birth, social
security number, if
available,
and | ||||||
6 | some evidence of eligibility
to the Council. The Council shall | ||||||
7 | encourage nomination of candidates
reflecting the | ||||||
8 | racial/ethnic population of the students at the attendance
| ||||||
9 | center. Each person nominated who runs as a candidate shall | ||||||
10 | disclose, in a
manner determined by the Board, any economic | ||||||
11 | interest held by such person,
by such person's spouse or | ||||||
12 | children, or by each business entity in which
such person has | ||||||
13 | an ownership interest, in any contract with the Board, any
| ||||||
14 | local school council or any public school in the school
| ||||||
15 | district.
Each person
nominated who runs as a candidate shall | ||||||
16 | also disclose, in a manner determined
by the Board, if he or | ||||||
17 | she ever has been convicted of any of the offenses
specified in | ||||||
18 | subsection (c) of Section 34-18.5; provided that neither this
| ||||||
19 | provision nor any other provision of this Section shall be | ||||||
20 | deemed to require
the disclosure of any information that is | ||||||
21 | contained in any law enforcement
record or juvenile court | ||||||
22 | record that is confidential or whose accessibility or
| ||||||
23 | disclosure is restricted or prohibited under Section 5-901 or
| ||||||
24 | 5-905 of the Juvenile
Court Act of 1987.
Failure to make such | ||||||
25 | disclosure shall render a person ineligible
for election or to | ||||||
26 | serve on the local school council. The same
disclosure shall |
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| |||||||
1 | be
required of persons under consideration for appointment to | ||||||
2 | the Council
pursuant to subsections (l) and (m) of this | ||||||
3 | Section.
| ||||||
4 | (f-5) Notwithstanding disclosure, a person who has been | ||||||
5 | convicted of any
of
the
following offenses at any time shall be | ||||||
6 | ineligible for election or appointment
to a local
school | ||||||
7 | council and ineligible for appointment to a local school | ||||||
8 | council
pursuant to
subsections (l) and (m) of this Section: | ||||||
9 | (i) those defined in Section 11-1.20, 11-1.30, 11-1.40, | ||||||
10 | 11-1.50, 11-1.60, 11-6,
11-9.1, 11-14.4, 11-16,
11-17.1, | ||||||
11 | 11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, | ||||||
12 | 12-14, 12-14.1, 12-15, or
12-16, or subdivision (a)(2) of | ||||||
13 | Section 11-14.3, of the
Criminal Code of 1961 or the Criminal | ||||||
14 | Code of 2012, or (ii) any offense committed or attempted in any | ||||||
15 | other
state or
against the laws of the United States, which, if | ||||||
16 | committed or attempted in this
State,
would have been | ||||||
17 | punishable as one or more of the foregoing offenses.
| ||||||
18 | Notwithstanding
disclosure, a person who has been convicted of | ||||||
19 | any of the following offenses
within the
10 years previous to | ||||||
20 | the date of nomination or appointment shall be ineligible
for | ||||||
21 | election or
appointment to a local school council:
(i) those | ||||||
22 | defined in Section 401.1, 405.1, or 405.2 of the Illinois | ||||||
23 | Controlled
Substances Act or (ii) any
offense committed
or | ||||||
24 | attempted in any other state or against the laws of the United | ||||||
25 | States,
which, if
committed or attempted in this State, would | ||||||
26 | have been punishable as one or more
of the
foregoing offenses.
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| |||||||
1 | Immediately upon election or appointment, incoming local | ||||||
2 | school
council members
shall be
required to undergo a criminal | ||||||
3 | background investigation, to be completed prior
to the member | ||||||
4 | taking office,
in order to identify
any criminal convictions | ||||||
5 | under the offenses enumerated in Section 34-18.5.
The | ||||||
6 | investigation shall be conducted by the Illinois State Police | ||||||
7 | in the
same manner as provided for in Section 34-18.5. | ||||||
8 | However, notwithstanding
Section 34-18.5, the social security | ||||||
9 | number shall be provided only if
available.
If it is | ||||||
10 | determined at any time that a local school council member or
| ||||||
11 | member-elect has been convicted
of any of the offenses | ||||||
12 | enumerated in this Section or failed to disclose a
conviction | ||||||
13 | of any of the offenses enumerated in Section 34-18.5, the | ||||||
14 | general
superintendent shall notify the local school council | ||||||
15 | member or member-elect of
such
determination and the local | ||||||
16 | school council member or member-elect shall be
removed from | ||||||
17 | the
local school council by the Board, subject to a hearing,
| ||||||
18 | convened pursuant to Board rule, prior to removal.
| ||||||
19 | (g) At least one week before the election date, the | ||||||
20 | Council shall
publicize, in the manner provided in subsection | ||||||
21 | (e), the names of persons
nominated for election.
| ||||||
22 | (h) Voting shall be in person by secret ballot at the | ||||||
23 | attendance center
between the hours of 6:00 a.m. and 7:00 p.m.
| ||||||
24 | (i) Candidates receiving the highest number of votes shall | ||||||
25 | be declared
elected by the Council. In cases of a tie, the | ||||||
26 | Council shall determine the
winner by lottery.
|
| |||||||
| |||||||
1 | (j) The Council shall certify the results of the election | ||||||
2 | and shall
publish the results in the minutes of the Council.
| ||||||
3 | (k) The general superintendent shall resolve any
disputes
| ||||||
4 | concerning election procedure or results and shall ensure | ||||||
5 | that, except as
provided in subsections (e) and (g), no | ||||||
6 | resources of any attendance center
shall be used to endorse or | ||||||
7 | promote any candidate.
| ||||||
8 | (l) Beginning with the first local school council election | ||||||
9 | that occurs after December 3, 2021 ( the effective date of | ||||||
10 | Public Act 102-677) this amendatory Act of the 102nd General | ||||||
11 | Assembly , in every
even numbered
year, the Board shall appoint | ||||||
12 | 2 teacher
members to each
local school council. These | ||||||
13 | appointments shall be made in the following
manner:
| ||||||
14 | (i) The Board shall appoint 2 teachers who are
| ||||||
15 | employed and assigned to
perform the majority of
their | ||||||
16 | employment duties at the attendance center
to serve on the | ||||||
17 | local school council of the attendance center for a | ||||||
18 | two-year
term coinciding with the terms of the elected | ||||||
19 | parent and
community members of that local school council. | ||||||
20 | These
appointments shall be made from among those teachers | ||||||
21 | who are nominated in
accordance with subsection (f).
| ||||||
22 | (ii) A non-binding, advisory poll to ascertain the
| ||||||
23 | preferences of the
school staff regarding appointments of | ||||||
24 | teachers to the local school council
for that attendance | ||||||
25 | center shall be conducted in accordance with the
| ||||||
26 | procedures used to elect parent and community Council |
| |||||||
| |||||||
1 | representatives. At
such poll, each member of the school | ||||||
2 | staff shall be entitled to indicate
his or her preference | ||||||
3 | for up to 2 candidates from among those who submitted
| ||||||
4 | statements of candidacy as described above. These | ||||||
5 | preferences shall be
advisory only and the Board shall | ||||||
6 | maintain absolute discretion to appoint
teacher members to | ||||||
7 | local school councils, irrespective of the preferences
| ||||||
8 | expressed in any such poll. Prior to the appointment of | ||||||
9 | staff members to local school councils, the Board shall | ||||||
10 | make public the vetting process of staff member | ||||||
11 | candidates. Any staff member seeking candidacy shall be | ||||||
12 | allowed to make an inquiry to the Board to determine if the | ||||||
13 | Board may deny the appointment of the staff member. An | ||||||
14 | inquiry made to the Board shall be made in writing in | ||||||
15 | accordance with Board procedure.
| ||||||
16 | (iii) In the event that a teacher representative is | ||||||
17 | unable to perform
his or her employment duties at the | ||||||
18 | school due to illness, disability, leave of
absence, | ||||||
19 | disciplinary action, or any other reason, the Board shall | ||||||
20 | declare
a temporary vacancy and appoint a replacement | ||||||
21 | teacher representative to serve
on the local school | ||||||
22 | council until such time as the teacher member originally
| ||||||
23 | appointed pursuant to this subsection (l) resumes service | ||||||
24 | at the attendance
center or for the remainder of the term. | ||||||
25 | The replacement teacher
representative shall be appointed | ||||||
26 | in the same manner and by the same procedures
as teacher |
| |||||||
| |||||||
1 | representatives are appointed in subdivisions (i) and (ii) | ||||||
2 | of this
subsection (l).
| ||||||
3 | (m) Beginning with the 1995-1996 school year through the | ||||||
4 | 2020-2021 school year, the Board shall appoint one student | ||||||
5 | member to each
secondary attendance center. Beginning with the | ||||||
6 | 2021-2022 school year and for every school year thereafter, | ||||||
7 | the Board shall appoint 3 student members to the local school | ||||||
8 | council of each secondary attendance center and one student | ||||||
9 | member to the local school council of each attendance center | ||||||
10 | enrolling students in 7th and 8th grade. Students enrolled in | ||||||
11 | grade 6 or above are eligible to be candidates for a local | ||||||
12 | school council. No attendance center enrolling students in 7th | ||||||
13 | and 8th grade may have more than one student member, unless the | ||||||
14 | attendance center enrolls students in grades 7 through 12, in | ||||||
15 | which case the attendance center may have a total of 3 student | ||||||
16 | members on the local school council. The Board may establish | ||||||
17 | criteria for students to be considered eligible to serve as a | ||||||
18 | student member. These appointments shall be made in the
| ||||||
19 | following manner:
| ||||||
20 | (i) Appointments shall be made from among those | ||||||
21 | students who submit
statements of candidacy to the | ||||||
22 | principal of the attendance center, such
statements to be | ||||||
23 | submitted commencing on the first day of the twentieth
| ||||||
24 | week of school and
continuing for 2 weeks thereafter. The | ||||||
25 | form and manner of such candidacy
statements shall be | ||||||
26 | determined by the Board.
|
| |||||||
| |||||||
1 | (ii) During the twenty-second week of school in every | ||||||
2 | year,
the principal of
each attendance center shall | ||||||
3 | conduct a binding election to
ascertain the preferences of | ||||||
4 | the school students regarding the appointment
of students | ||||||
5 | to the local school council for that attendance center. At
| ||||||
6 | such election, each student shall be entitled to indicate | ||||||
7 | his or her preference
for up to one candidate from among | ||||||
8 | those who submitted statements of
candidacy as described | ||||||
9 | above. The Board shall promulgate rules to ensure
that | ||||||
10 | these elections are conducted in a fair and
equitable | ||||||
11 | manner and maximize the involvement of all school | ||||||
12 | students. In the case of a tie vote, the local school | ||||||
13 | council shall determine the winner by lottery. The
| ||||||
14 | preferences expressed in these elections s shall be
| ||||||
15 | transmitted by the principal to the Board. These | ||||||
16 | preferences
shall be binding on the Board.
| ||||||
17 | (iii) (Blank).
| ||||||
18 | (n) The Board may promulgate such other rules and | ||||||
19 | regulations for
election procedures as may be deemed necessary | ||||||
20 | to ensure fair elections.
| ||||||
21 | (o) In the event that a vacancy occurs during a member's | ||||||
22 | term, the
Council shall appoint a person eligible to serve on | ||||||
23 | the Council to fill
the unexpired term created by the vacancy, | ||||||
24 | except that any teacher or non-teacher staff vacancy
shall be | ||||||
25 | filled by the Board after considering the preferences of the | ||||||
26 | school
staff as ascertained through a non-binding advisory |
| |||||||
| |||||||
1 | poll of school staff. In the case of a student vacancy, the | ||||||
2 | vacancy shall be filled by the preferences of an election poll | ||||||
3 | of students.
| ||||||
4 | (p) If less than the specified number of persons is | ||||||
5 | elected within each
candidate category, the newly elected | ||||||
6 | local school council shall appoint
eligible persons to serve | ||||||
7 | as members of the Council for 2-year terms, as provided in | ||||||
8 | subsection (c-5) of Section 34-2.2 of this Code.
| ||||||
9 | (q) The Board shall promulgate rules regarding conflicts | ||||||
10 | of interest
and disclosure of economic interests which shall | ||||||
11 | apply to local school
council members and which shall require | ||||||
12 | reports or statements to be filed
by Council members at | ||||||
13 | regular intervals with the Secretary of the
Board. Failure to | ||||||
14 | comply with such rules
or intentionally falsifying such | ||||||
15 | reports shall be grounds for
disqualification from local | ||||||
16 | school council membership. A vacancy on the
Council for | ||||||
17 | disqualification may be so declared by the Secretary of the
| ||||||
18 | Board. Rules regarding conflicts of interest and disclosure of
| ||||||
19 | economic interests promulgated by the Board shall apply to | ||||||
20 | local school council
members. No less than 45 days prior to the | ||||||
21 | deadline, the general
superintendent shall provide notice, by | ||||||
22 | mail, to each local school council
member of all requirements | ||||||
23 | and forms for compliance with economic interest
statements.
| ||||||
24 | (r) (1) If a parent member of a local school council ceases | ||||||
25 | to have any
child
enrolled in the attendance center governed | ||||||
26 | by the Local School Council due to
the graduation or voluntary |
| |||||||
| |||||||
1 | transfer of a child or children from the attendance
center, | ||||||
2 | the parent's membership on the Local School Council and all | ||||||
3 | voting
rights are terminated immediately as of the date of the | ||||||
4 | child's graduation or
voluntary transfer. If the child of a | ||||||
5 | parent member of a local school council dies during the | ||||||
6 | member's term in office, the member may continue to serve on | ||||||
7 | the local school council for the balance of his or her term. | ||||||
8 | Further,
a local school council member may be removed from the | ||||||
9 | Council by a
majority vote of the Council as provided in | ||||||
10 | subsection (c) of Section
34-2.2 if the Council member has | ||||||
11 | missed 3 consecutive regular meetings, not
including committee | ||||||
12 | meetings, or 5 regular meetings in a 12-month period,
not | ||||||
13 | including committee meetings.
If a parent member of a local | ||||||
14 | school council ceases to be eligible to serve
on the Council | ||||||
15 | for any other reason, he or she shall be removed by the Board
| ||||||
16 | subject
to a hearing, convened pursuant to Board rule, prior | ||||||
17 | to removal.
A vote to remove a Council member by the local | ||||||
18 | school council shall
only be valid if the Council member has | ||||||
19 | been notified personally or by
certified mail, mailed to the | ||||||
20 | person's last known address, of the Council's
intent to vote | ||||||
21 | on the Council member's removal at least 7 days prior to the
| ||||||
22 | vote. The Council member in question shall have the right to | ||||||
23 | explain
his or her actions and shall be eligible to vote on the
| ||||||
24 | question of his or her removal from the Council. The | ||||||
25 | provisions of this
subsection shall be contained within the | ||||||
26 | petitions used to nominate Council
candidates.
|
| |||||||
| |||||||
1 | (2) A person may continue to serve as a community resident | ||||||
2 | member of a
local
school council as long as he or she resides | ||||||
3 | in the attendance area served by
the
school and is not employed | ||||||
4 | by the Board nor is a parent of a student enrolled
at the | ||||||
5 | school. If a community resident member ceases to be eligible | ||||||
6 | to serve
on the Council, he or she shall be removed by the | ||||||
7 | Board subject to a hearing,
convened pursuant to Board rule, | ||||||
8 | prior to removal.
| ||||||
9 | (3) A person may continue to serve as a staff member of a | ||||||
10 | local school
council as long as he or she is employed and | ||||||
11 | assigned to perform a majority of
his or her duties at the | ||||||
12 | school, provided that if the staff representative
resigns from | ||||||
13 | employment with the Board or
voluntarily transfers to another | ||||||
14 | school, the staff member's membership on the local
school | ||||||
15 | council and all voting rights are terminated immediately as of | ||||||
16 | the date
of the staff member's resignation or upon the date of | ||||||
17 | the staff member's voluntary
transfer to another school. If a | ||||||
18 | staff member of a local school council
ceases to be eligible to | ||||||
19 | serve on a local school council for any other reason,
that | ||||||
20 | member shall be removed by the Board subject to a hearing, | ||||||
21 | convened
pursuant to Board rule, prior to removal. | ||||||
22 | (s) As used in this Section only, "community resident" | ||||||
23 | means a person, 17 years of age or older, residing within an | ||||||
24 | attendance area served by a school, excluding any person who | ||||||
25 | is a parent of a student enrolled in that school; provided that | ||||||
26 | with respect to any multi-area school, community resident |
| |||||||
| |||||||
1 | means any person, 17 years of age or older, residing within the | ||||||
2 | voting district established for that school pursuant to | ||||||
3 | Section 34-2.1c, excluding any person who is a parent of a | ||||||
4 | student enrolled in that school. This definition does not | ||||||
5 | apply to any provisions concerning school boards.
| ||||||
6 | (Source: P.A. 101-643, eff. 6-18-20; 102-194, eff. 7-30-21; | ||||||
7 | 102-538, eff. 8-20-21; 102-677, eff. 12-3-21; revised 1-9-22.)
| ||||||
8 | (105 ILCS 5/34-4.5)
| ||||||
9 | Sec. 34-4.5. Chronic truants.
| ||||||
10 | (a) Socio-emotional focused attendance intervention. The | ||||||
11 | chief executive officer or the chief executive officer's | ||||||
12 | designee shall implement a socio-emotional focused attendance | ||||||
13 | approach that targets the underlying causes of chronic | ||||||
14 | truancy. For each pupil identified as a chronic truant, as | ||||||
15 | defined in Section 26-2a of this Code, the board may establish | ||||||
16 | an individualized student attendance plan to identify and | ||||||
17 | resolve the underlying cause of the pupil's chronic truancy.
| ||||||
18 | (b) Notices. Prior to the implementation of any truancy | ||||||
19 | intervention services pursuant to subsection (d) of this | ||||||
20 | Section, the
principal of
the school attended by the pupil or | ||||||
21 | the principal's designee shall notify the
pupil's parent or | ||||||
22 | guardian by personal visit, letter, or telephone of each
| ||||||
23 | unexcused absence of the pupil. After giving the parent or | ||||||
24 | guardian notice of
the tenth unexcused absence of the pupil, | ||||||
25 | the principal or the principal's
designee shall send the |
| |||||||
| |||||||
1 | pupil's parent or guardian a letter, by certified mail,
return | ||||||
2 | receipt requested, notifying the parent or guardian that he or | ||||||
3 | she is
subjecting himself or herself to truancy intervention | ||||||
4 | services as provided under
subsection (d) of this Section.
| ||||||
5 | (c) (Blank).
| ||||||
6 | (d) Truancy intervention services. The chief executive | ||||||
7 | officer or the chief executive officer's designee may require | ||||||
8 | the pupil or the pupil's
parent or guardian or both the pupil | ||||||
9 | and the pupil's parent or guardian to do
any or all of the | ||||||
10 | following: complete a parenting education program;
obtain | ||||||
11 | counseling or other supportive services; and comply with an
| ||||||
12 | individualized
educational plan or service plan as provided by | ||||||
13 | appropriate school officials.
If the parent or guardian of the | ||||||
14 | chronic truant shows that he or she
took reasonable steps to | ||||||
15 | ensure attendance of the pupil at school, he or she
shall not | ||||||
16 | be required to perform services.
| ||||||
17 | (e) Non-compliance with services. Notwithstanding any | ||||||
18 | other provision of law to the contrary, if a pupil determined | ||||||
19 | by the chief executive officer or the chief executive | ||||||
20 | officer's designee to be a chronic truant or the parent or | ||||||
21 | guardian of the pupil fails to fully participate in the | ||||||
22 | services offered
under subsection (d)
of this Section, the | ||||||
23 | chief executive officer or the chief executive officer's | ||||||
24 | designee may refer the
matter to the Department of Human | ||||||
25 | Services, the Department of Healthcare and Family Services, or | ||||||
26 | any other applicable organization or State agency for |
| |||||||
| |||||||
1 | socio-emotional based intervention and prevention services. | ||||||
2 | Additionally, if the circumstances regarding a pupil | ||||||
3 | identified as a chronic truant reasonably indicate that the | ||||||
4 | pupil may be subject to abuse or neglect, apart from truancy, | ||||||
5 | the chief executive officer or the chief executive officer's | ||||||
6 | designee must report any findings that support suspected abuse | ||||||
7 | or neglect to the Department of Children and Family Services | ||||||
8 | pursuant to the Abused and Neglected Child Reporting Act. A | ||||||
9 | State agency that receives a referral may enter into a data | ||||||
10 | sharing agreement with the school district to share applicable | ||||||
11 | student referral and case data. A State agency that receives a | ||||||
12 | referral from the school district shall implement an intake | ||||||
13 | process that may include a consent form that allows the agency | ||||||
14 | to share information with the school district . .
| ||||||
15 | (f) Limitation on applicability. Nothing in this Section | ||||||
16 | shall be construed
to apply to a parent or guardian of a pupil | ||||||
17 | not required to attend a public
school pursuant to Section | ||||||
18 | 26-1.
| ||||||
19 | (Source: P.A. 102-456, eff. 1-1-22; revised 10-6-21.)
| ||||||
20 | (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) | ||||||
21 | Sec. 34-18.5. Criminal history records checks and checks | ||||||
22 | of the Statewide Sex Offender Database and Statewide Murderer | ||||||
23 | and Violent Offender Against Youth Database. | ||||||
24 | (a) Licensed and nonlicensed applicants for
employment | ||||||
25 | with the school district are required as a condition of
|
| |||||||
| |||||||
1 | employment to authorize a fingerprint-based criminal history | ||||||
2 | records check to determine if such applicants
have been | ||||||
3 | convicted of any disqualifying, enumerated criminal or drug | ||||||
4 | offense in
subsection (c) of this Section or have been
| ||||||
5 | convicted, within 7 years of the application for employment | ||||||
6 | with the
school district, of any other felony under the laws of | ||||||
7 | this State or of any
offense committed or attempted in any | ||||||
8 | other state or against the laws of
the United States that, if | ||||||
9 | committed or attempted in this State, would
have been | ||||||
10 | punishable as a felony under the laws of this State. | ||||||
11 | Authorization
for
the
check shall
be furnished by the | ||||||
12 | applicant to the school district, except that if the
applicant | ||||||
13 | is a substitute teacher seeking employment in more than one
| ||||||
14 | school district, or a teacher seeking concurrent part-time | ||||||
15 | employment
positions with more than one school district (as a | ||||||
16 | reading specialist,
special education teacher or otherwise), | ||||||
17 | or an educational support
personnel employee seeking | ||||||
18 | employment positions with more than one
district, any such | ||||||
19 | district may require the applicant to furnish
authorization | ||||||
20 | for
the check to the regional superintendent of the
| ||||||
21 | educational service region in which are located the school | ||||||
22 | districts in
which the applicant is seeking employment as a | ||||||
23 | substitute or concurrent
part-time teacher or concurrent | ||||||
24 | educational support personnel employee.
Upon receipt of this | ||||||
25 | authorization, the school district or the appropriate
regional | ||||||
26 | superintendent, as the case may be, shall submit the |
| |||||||
| |||||||
1 | applicant's
name, sex, race, date of birth, social security | ||||||
2 | number, fingerprint images, and other identifiers, as | ||||||
3 | prescribed by the Illinois State Police, to the Illinois State | ||||||
4 | Police. The regional
superintendent submitting the requisite | ||||||
5 | information to the Illinois
State Police shall promptly notify | ||||||
6 | the school districts in which the
applicant is seeking | ||||||
7 | employment as a substitute or concurrent part-time
teacher or | ||||||
8 | concurrent educational support personnel employee that
the
| ||||||
9 | check of the applicant has been requested. The Illinois State
| ||||||
10 | Police and the Federal Bureau of Investigation shall furnish, | ||||||
11 | pursuant to a fingerprint-based criminal history records | ||||||
12 | check, records of convictions, forever and hereinafter, until | ||||||
13 | expunged, to the president of the school board for the school | ||||||
14 | district that requested the check, or to the regional | ||||||
15 | superintendent who requested the check. The Illinois State | ||||||
16 | Police
shall charge
the school district
or the appropriate | ||||||
17 | regional superintendent a fee for
conducting
such check, which | ||||||
18 | fee shall be deposited in the State
Police Services Fund and | ||||||
19 | shall not exceed the cost of the inquiry; and the
applicant | ||||||
20 | shall not be charged a fee for
such check by the school
| ||||||
21 | district or by the regional superintendent. Subject to | ||||||
22 | appropriations for these purposes, the State Superintendent of | ||||||
23 | Education shall reimburse the school district and regional | ||||||
24 | superintendent for fees paid to obtain criminal history | ||||||
25 | records checks under this Section. | ||||||
26 | (a-5) The school district or regional superintendent shall |
| |||||||
| |||||||
1 | further perform a check of the Statewide Sex Offender | ||||||
2 | Database, as authorized by the Sex Offender Community | ||||||
3 | Notification Law, for each applicant. The check of the | ||||||
4 | Statewide Sex Offender Database must be conducted by the | ||||||
5 | school district or regional superintendent once for every 5 | ||||||
6 | years that an applicant remains employed by the school | ||||||
7 | district. | ||||||
8 | (a-6) The school district or regional superintendent shall | ||||||
9 | further perform a check of the Statewide Murderer and Violent | ||||||
10 | Offender Against Youth Database, as authorized by the Murderer | ||||||
11 | and Violent Offender Against Youth Community Notification Law, | ||||||
12 | for each applicant. The check of the Murderer and Violent | ||||||
13 | Offender Against Youth Database must be conducted by the | ||||||
14 | school district or regional superintendent once for every 5 | ||||||
15 | years that an applicant remains employed by the school | ||||||
16 | district. | ||||||
17 | (b) Any
information concerning the record of convictions | ||||||
18 | obtained by the president
of the board of education or the | ||||||
19 | regional superintendent shall be
confidential and may only be | ||||||
20 | transmitted to the general superintendent of
the school | ||||||
21 | district or his designee, the appropriate regional
| ||||||
22 | superintendent if
the check was requested by the board of | ||||||
23 | education
for the school district, the presidents of the | ||||||
24 | appropriate board of
education or school boards if
the check | ||||||
25 | was requested from the Illinois
State Police by the regional | ||||||
26 | superintendent, the State Board of Education and the school |
| |||||||
| |||||||
1 | district as authorized under subsection (b-5), the State
| ||||||
2 | Superintendent of Education, the State Educator Preparation | ||||||
3 | and Licensure Board or any
other person necessary to the | ||||||
4 | decision of hiring the applicant for
employment. A copy of the | ||||||
5 | record of convictions obtained from the Illinois
State Police | ||||||
6 | shall be provided to the applicant for
employment. Upon the | ||||||
7 | check of the Statewide Sex Offender Database or Statewide | ||||||
8 | Murderer and Violent Offender Against Youth Database, the | ||||||
9 | school district or regional superintendent shall notify an | ||||||
10 | applicant as to whether or not the applicant has been | ||||||
11 | identified in the Database. If a check of an applicant for | ||||||
12 | employment as a
substitute or concurrent part-time teacher or | ||||||
13 | concurrent educational
support personnel employee in more than | ||||||
14 | one school district was requested
by the regional | ||||||
15 | superintendent, and the Illinois State Police upon
a check | ||||||
16 | ascertains that the applicant has not been convicted of any
of | ||||||
17 | the enumerated criminal or drug offenses in subsection (c) of | ||||||
18 | this Section
or has not been
convicted,
within 7 years of the | ||||||
19 | application for employment with the
school district, of any | ||||||
20 | other felony under the laws of this State or of any
offense | ||||||
21 | committed or attempted in any other state or against the laws | ||||||
22 | of
the United States that, if committed or attempted in this | ||||||
23 | State, would
have been punishable as a felony under the laws of | ||||||
24 | this State and so
notifies the regional superintendent and if | ||||||
25 | the regional superintendent upon a check ascertains that the | ||||||
26 | applicant has not been identified in the Sex Offender Database |
| |||||||
| |||||||
1 | or Statewide Murderer and Violent Offender Against Youth | ||||||
2 | Database, then the regional superintendent
shall issue to the | ||||||
3 | applicant a certificate evidencing that as of the date
| ||||||
4 | specified by the Illinois State Police the applicant has not | ||||||
5 | been
convicted of any of the enumerated criminal or drug | ||||||
6 | offenses in subsection
(c) of this Section
or has not been
| ||||||
7 | convicted, within 7 years of the application for employment | ||||||
8 | with the
school district, of any other felony under the laws of | ||||||
9 | this State or of any
offense committed or attempted in any | ||||||
10 | other state or against the laws of
the United States that, if | ||||||
11 | committed or attempted in this State, would
have been | ||||||
12 | punishable as a felony under the laws of this State and | ||||||
13 | evidencing that as of the date that the regional | ||||||
14 | superintendent conducted a check of the Statewide Sex Offender | ||||||
15 | Database or Statewide Murderer and Violent Offender Against | ||||||
16 | Youth Database, the applicant has not been identified in the | ||||||
17 | Database. The school
board of any school district may rely on | ||||||
18 | the certificate issued by any regional
superintendent to that | ||||||
19 | substitute teacher, concurrent part-time teacher, or | ||||||
20 | concurrent educational support personnel employee
or may | ||||||
21 | initiate its own criminal history records check of
the | ||||||
22 | applicant through the Illinois State Police and its own check | ||||||
23 | of the Statewide Sex Offender Database or Statewide Murderer | ||||||
24 | and Violent Offender Against Youth Database as provided in
| ||||||
25 | this Section. Any unauthorized release of confidential | ||||||
26 | information may be a violation of Section 7 of the Criminal |
| |||||||
| |||||||
1 | Identification Act. | ||||||
2 | (b-5) If a criminal history records check or check of the | ||||||
3 | Statewide Sex Offender Database or Statewide Murderer and | ||||||
4 | Violent Offender Against Youth Database is performed by a | ||||||
5 | regional superintendent for an applicant seeking employment as | ||||||
6 | a substitute teacher with the school district, the regional | ||||||
7 | superintendent may disclose to the State Board of Education | ||||||
8 | whether the applicant has been issued a certificate under | ||||||
9 | subsection (b) based on those checks. If the State Board | ||||||
10 | receives information on an applicant under this subsection, | ||||||
11 | then it must indicate in the Educator Licensure Information | ||||||
12 | System for a 90-day period that the applicant has been issued | ||||||
13 | or has not been issued a certificate. | ||||||
14 | (c) The board of education shall not knowingly employ a | ||||||
15 | person who has
been convicted of any offense that would | ||||||
16 | subject him or her to license suspension or revocation | ||||||
17 | pursuant to Section 21B-80 of this Code, except as provided | ||||||
18 | under subsection (b) of 21B-80.
Further, the board of | ||||||
19 | education shall not knowingly employ a person who has
been | ||||||
20 | found to be the perpetrator of sexual or physical abuse of any | ||||||
21 | minor under
18 years of age pursuant to proceedings under | ||||||
22 | Article II of the Juvenile Court
Act of 1987. As a condition of | ||||||
23 | employment, the board of education must consider the status of | ||||||
24 | a person who has been issued an indicated finding of abuse or | ||||||
25 | neglect of a child by the Department of Children and Family | ||||||
26 | Services under the Abused and Neglected Child Reporting Act or |
| |||||||
| |||||||
1 | by a child welfare agency of another jurisdiction. | ||||||
2 | (d) The board of education shall not knowingly employ a | ||||||
3 | person for whom
a criminal history records check and a | ||||||
4 | Statewide Sex Offender Database check have not been initiated. | ||||||
5 | (e) Within 10 days after the general superintendent of | ||||||
6 | schools, a regional office of education, or an entity that | ||||||
7 | provides background checks of license holders to public | ||||||
8 | schools receives information of a pending criminal charge | ||||||
9 | against a license holder for an offense set forth in Section | ||||||
10 | 21B-80 of this Code, the superintendent, regional office of | ||||||
11 | education, or entity must notify the State Superintendent of | ||||||
12 | Education of the pending criminal charge. | ||||||
13 | No later than 15 business days after receipt of a record of | ||||||
14 | conviction or of checking the Statewide Murderer and Violent | ||||||
15 | Offender Against Youth Database or the Statewide Sex Offender | ||||||
16 | Database and finding a registration, the general | ||||||
17 | superintendent of schools or the applicable regional | ||||||
18 | superintendent shall, in writing, notify the State | ||||||
19 | Superintendent of Education of any license holder who has been | ||||||
20 | convicted of a crime set forth in Section 21B-80 of this Code. | ||||||
21 | Upon receipt of the record of a conviction of or a finding of | ||||||
22 | child
abuse by a holder of any license
issued pursuant to | ||||||
23 | Article 21B or Section 34-8.1 or 34-83 of this Code, the State | ||||||
24 | Superintendent of
Education may initiate licensure suspension | ||||||
25 | and revocation
proceedings as authorized by law. If the | ||||||
26 | receipt of the record of conviction or finding of child abuse |
| |||||||
| |||||||
1 | is received within 6 months after the initial grant of or | ||||||
2 | renewal of a license, the State Superintendent of Education | ||||||
3 | may rescind the license holder's license. | ||||||
4 | (e-5) The general superintendent of schools shall, in | ||||||
5 | writing, notify the State Superintendent of Education of any | ||||||
6 | license holder whom he or she has reasonable cause to believe | ||||||
7 | has committed an intentional act of abuse or neglect with the | ||||||
8 | result of making a child an abused child or a neglected child, | ||||||
9 | as defined in Section 3 of the Abused and Neglected Child | ||||||
10 | Reporting Act, and that act resulted in the license holder's | ||||||
11 | dismissal or resignation from the school district and must | ||||||
12 | include the Illinois Educator Identification Number (IEIN) of | ||||||
13 | the license holder and a brief description of the misconduct | ||||||
14 | alleged. This notification must be submitted within 30 days | ||||||
15 | after the dismissal or resignation. The license holder must | ||||||
16 | also be contemporaneously sent a copy of the notice by the | ||||||
17 | superintendent. All correspondence, documentation, and other | ||||||
18 | information so received by the State Superintendent of | ||||||
19 | Education, the State Board of Education, or the State Educator | ||||||
20 | Preparation and Licensure Board under this subsection (e-5) is | ||||||
21 | confidential and must not be disclosed to third parties, | ||||||
22 | except (i) as necessary for the State Superintendent of | ||||||
23 | Education or his or her designee to investigate and prosecute | ||||||
24 | pursuant to Article 21B of this Code, (ii) pursuant to a court | ||||||
25 | order, (iii) for disclosure to the license holder or his or her | ||||||
26 | representative, or (iv) as otherwise provided in this Article |
| |||||||
| |||||||
1 | and provided that any such information admitted into evidence | ||||||
2 | in a hearing is exempt from this confidentiality and | ||||||
3 | non-disclosure requirement. Except for an act of willful or | ||||||
4 | wanton misconduct, any superintendent who provides | ||||||
5 | notification as required in this subsection (e-5) shall have | ||||||
6 | immunity from any liability, whether civil or criminal or that | ||||||
7 | otherwise might result by reason of such action. | ||||||
8 | (f) After March 19, 1990, the provisions of this Section | ||||||
9 | shall apply to
all employees of persons or firms holding | ||||||
10 | contracts with any school district
including, but not limited | ||||||
11 | to, food service workers, school bus drivers and
other | ||||||
12 | transportation employees, who have direct, daily contact with | ||||||
13 | the
pupils of any school in such district. For purposes of | ||||||
14 | criminal history records checks and checks of the Statewide | ||||||
15 | Sex Offender Database on employees of persons or firms holding | ||||||
16 | contracts with more
than one school district and assigned to | ||||||
17 | more than one school district, the
regional superintendent of | ||||||
18 | the educational service region in which the
contracting school | ||||||
19 | districts are located may, at the request of any such
school | ||||||
20 | district, be responsible for receiving the authorization for
a | ||||||
21 | criminal history records check prepared by each such employee | ||||||
22 | and submitting the same to the Illinois
State Police and for | ||||||
23 | conducting a check of the Statewide Sex Offender Database for | ||||||
24 | each employee. Any information concerning the record of
| ||||||
25 | conviction and identification as a sex offender of any such | ||||||
26 | employee obtained by the regional superintendent
shall be |
| |||||||
| |||||||
1 | promptly reported to the president of the appropriate school | ||||||
2 | board
or school boards. | ||||||
3 | (f-5) Upon request of a school or school district, any | ||||||
4 | information obtained by the school district pursuant to | ||||||
5 | subsection (f) of this Section within the last year must be | ||||||
6 | made available to the requesting school or school district. | ||||||
7 | (g) Prior to the commencement of any student teaching | ||||||
8 | experience or required internship (which is referred to as | ||||||
9 | student teaching in this Section) in the public schools, a | ||||||
10 | student teacher is required to authorize a fingerprint-based | ||||||
11 | criminal history records check. Authorization for and payment | ||||||
12 | of the costs of the check must be furnished by the student | ||||||
13 | teacher to the school district. Upon receipt of this | ||||||
14 | authorization and payment, the school district shall submit | ||||||
15 | the student teacher's name, sex, race, date of birth, social | ||||||
16 | security number, fingerprint images, and other identifiers, as | ||||||
17 | prescribed by the Illinois State Police, to the Illinois State | ||||||
18 | Police. The Illinois State Police and the Federal Bureau of | ||||||
19 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
20 | criminal history records check, records of convictions, | ||||||
21 | forever and hereinafter, until expunged, to the president of | ||||||
22 | the board. The Illinois State Police shall charge the school | ||||||
23 | district a fee for conducting the check, which fee must not | ||||||
24 | exceed the cost of the inquiry and must be deposited into the | ||||||
25 | State Police Services Fund. The school district shall further | ||||||
26 | perform a check of the Statewide Sex Offender Database, as |
| |||||||
| |||||||
1 | authorized by the Sex Offender Community Notification Law, and | ||||||
2 | of the Statewide Murderer and Violent Offender Against Youth | ||||||
3 | Database, as authorized by the Murderer and Violent Offender | ||||||
4 | Against Youth Registration Act, for each student teacher. The | ||||||
5 | board may not knowingly allow a person to student teach for | ||||||
6 | whom a criminal history records check, a Statewide Sex | ||||||
7 | Offender Database check, and a Statewide Murderer and Violent | ||||||
8 | Offender Against Youth Database check have not been completed | ||||||
9 | and reviewed by the district. | ||||||
10 | A copy of the record of convictions obtained from the | ||||||
11 | Illinois State Police must be provided to the student teacher. | ||||||
12 | Any information concerning the record of convictions obtained | ||||||
13 | by the president of the board is confidential and may only be | ||||||
14 | transmitted to the general superintendent of schools or his or | ||||||
15 | her designee, the State Superintendent of Education, the State | ||||||
16 | Educator Preparation and Licensure Board, or, for | ||||||
17 | clarification purposes, the Illinois State Police or the | ||||||
18 | Statewide Sex Offender Database or Statewide Murderer and | ||||||
19 | Violent Offender Against Youth Database. Any unauthorized | ||||||
20 | release of confidential information may be a violation of | ||||||
21 | Section 7 of the Criminal Identification Act. | ||||||
22 | The board may not knowingly allow a person to student | ||||||
23 | teach who has been convicted of any offense that would subject | ||||||
24 | him or her to license suspension or revocation pursuant to | ||||||
25 | subsection (c) of Section 21B-80 of this Code, except as | ||||||
26 | provided under subsection (b) of Section 21B-80. Further, the |
| |||||||
| |||||||
1 | board may not allow a person to student teach if he or she has | ||||||
2 | been found to be the perpetrator of sexual or physical abuse of | ||||||
3 | a minor under 18 years of age pursuant to proceedings under | ||||||
4 | Article II of the Juvenile Court Act of 1987. The board must | ||||||
5 | consider the status of a person to student teach who has been | ||||||
6 | issued an indicated finding of abuse or neglect of a child by | ||||||
7 | the Department of Children and Family Services under the | ||||||
8 | Abused and Neglected Child Reporting Act or by a child welfare | ||||||
9 | agency of another jurisdiction. | ||||||
10 | (h) (Blank). | ||||||
11 | (Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | ||||||
12 | 101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff. | ||||||
13 | 1-1-22; revised 10-18-21.)
| ||||||
14 | (105 ILCS 5/34-18.8) (from Ch. 122, par. 34-18.8)
| ||||||
15 | Sec. 34-18.8. HIV training. School counselors, nurses,
| ||||||
16 | teachers, school social workers, and other school personnel | ||||||
17 | who work with students shall be trained to have a basic | ||||||
18 | knowledge of matters relating
to human immunodeficiency virus | ||||||
19 | (HIV), including the nature of the infection, its causes and | ||||||
20 | effects, the means of detecting it and preventing
its | ||||||
21 | transmission, the availability of appropriate sources of | ||||||
22 | counseling and
referral, and any other medically accurate | ||||||
23 | information that is age and developmentally appropriate for | ||||||
24 | such students. The Board of Education shall supervise
such | ||||||
25 | training. The State Board of Education and the Department of |
| |||||||
| |||||||
1 | Public
Health shall jointly develop standards for such | ||||||
2 | training.
| ||||||
3 | (Source: P.A. 102-197, eff. 7-30-21; 102-522, eff. 8-20-21; | ||||||
4 | revised 10-18-21.)
| ||||||
5 | (105 ILCS 5/34-18.67) | ||||||
6 | Sec. 34-18.67. Student identification; suicide prevention | ||||||
7 | information. The school district shall provide contact | ||||||
8 | information for the National Suicide Prevention Lifeline and | ||||||
9 | for the Crisis Text Line on the back of each student | ||||||
10 | identification card issued by the school district. If the | ||||||
11 | school district does not issue student identification cards to | ||||||
12 | its students or to all of its students, the school district | ||||||
13 | must publish this information on its website.
| ||||||
14 | (Source: P.A. 102-134, eff. 7-23-21.)
| ||||||
15 | (105 ILCS 5/34-18.71)
| ||||||
16 | (This Section may contain text from a Public Act with a | ||||||
17 | delayed effective date ) | ||||||
18 | Sec. 34-18.71 34-18.67 . Parent-teacher conference and | ||||||
19 | other meetings; caseworker. For any student who is in the | ||||||
20 | legal custody of the Department of Children and Family | ||||||
21 | Services, the liaison appointed under Section 34-18.52 must | ||||||
22 | inform the Department's Office of Education and Transition | ||||||
23 | Services of a parent-teacher conference or any other meeting | ||||||
24 | concerning the student that would otherwise involve a parent |
| |||||||
| |||||||
1 | and must, at the option of the caseworker, allow the student's | ||||||
2 | caseworker to attend the conference or meeting.
| ||||||
3 | (Source: P.A. 102-199, eff. 7-1-22; revised 10-19-21.)
| ||||||
4 | (105 ILCS 5/34-18.72)
| ||||||
5 | (This Section may contain text from a Public Act with a | ||||||
6 | delayed effective date ) | ||||||
7 | Sec. 34-18.72 34-18.67 . Website accessibility guidelines. | ||||||
8 | (a) As used in this Section, "Internet website or web | ||||||
9 | service" means any third party online curriculum that is made | ||||||
10 | available to enrolled students or the public by the school | ||||||
11 | district through the Internet. | ||||||
12 | (b) To ensure that the content available on an Internet | ||||||
13 | website or web service of the school district is readily | ||||||
14 | accessible to persons with disabilities, the school district | ||||||
15 | must require that the Internet website or web service comply | ||||||
16 | with Level AA of the World Wide Web Consortium's Web Content | ||||||
17 | Accessibility Guidelines 2.1 or any revised version of those | ||||||
18 | guidelines.
| ||||||
19 | (Source: P.A. 102-238, eff. 8-1-22; revised 10-19-21.)
| ||||||
20 | (105 ILCS 5/34-18.73)
| ||||||
21 | Sec. 34-18.73 34-18.67 . Parental notification of student | ||||||
22 | discipline. | ||||||
23 | (a) In this Section, "misconduct" means an incident that | ||||||
24 | involves offensive touching, a physical altercation, or the |
| |||||||
| |||||||
1 | use of violence. | ||||||
2 | (b) If a student commits an act or acts of misconduct | ||||||
3 | involving offensive touching, a physical altercation, or the | ||||||
4 | use of violence, the student's school shall provide written | ||||||
5 | notification of that misconduct to the parent or guardian of | ||||||
6 | the student. | ||||||
7 | (c) If a student makes a written statement to a school | ||||||
8 | employee relating to an act or acts of misconduct, whether the | ||||||
9 | student is engaging in the act or acts or is targeted by the | ||||||
10 | act or acts, the school shall provide the written statement to | ||||||
11 | the student's parent or guardian, upon request and in | ||||||
12 | accordance with federal and State laws and rules governing | ||||||
13 | school student records. | ||||||
14 | (d) If the parent or guardian of a student involved in an | ||||||
15 | act or acts of misconduct, whether the student is engaging in | ||||||
16 | the act or acts or is targeted by the act or acts, requests a | ||||||
17 | synopsis of any statement made by the parent's or guardian's | ||||||
18 | child, the school shall provide any existing records | ||||||
19 | responsive to that request, in accordance with federal and | ||||||
20 | State laws and rules governing school student records. | ||||||
21 | (e) A school shall make reasonable attempts to provide a | ||||||
22 | copy of any disciplinary report resulting from an | ||||||
23 | investigation into a student's act or acts of misconduct to | ||||||
24 | the parent or guardian of the student receiving disciplinary | ||||||
25 | action, including any and all restorative justice measures, | ||||||
26 | within 2 school days after the completion of the report. The |
| |||||||
| |||||||
1 | disciplinary report shall include all of the following: | ||||||
2 | (1) A description of the student's act or acts of | ||||||
3 | misconduct that resulted in disciplinary action. The names | ||||||
4 | and any identifying information of any other student or | ||||||
5 | students involved must be redacted from or not included in | ||||||
6 | the report, in accordance with federal and State student | ||||||
7 | privacy laws and rules. | ||||||
8 | (2) A description of the disciplinary action, if any, | ||||||
9 | imposed on the parent's or guardian's child, including the | ||||||
10 | duration of the disciplinary action. | ||||||
11 | (3) The school's justification and rationale for the | ||||||
12 | disciplinary action imposed on the parent's or guardian's | ||||||
13 | child, including reference to the applicable student | ||||||
14 | discipline policies, procedures, or guidelines. | ||||||
15 | (4) A description of the restorative justice measures, | ||||||
16 | if any, used on the parent's or guardian's child.
| ||||||
17 | (Source: P.A. 102-251, eff. 8-6-21; revised 10-19-21.)
| ||||||
18 | (105 ILCS 5/34-18.74)
| ||||||
19 | Sec. 34-18.74 34-18.67 . School support personnel | ||||||
20 | reporting. No later than December 1, 2022 and each December | ||||||
21 | 1st annually thereafter, the school district must report to | ||||||
22 | the State Board of Education the information with regard to | ||||||
23 | the school district as of October 1st of each year beginning in | ||||||
24 | 2022 as described in subsection (b) of Section 2-3.182 of this | ||||||
25 | Code and must make that information available on its website.
|
| |||||||
| |||||||
1 | (Source: P.A. 102-302, eff. 1-1-22; revised 10-19-21.)
| ||||||
2 | (105 ILCS 5/34-18.75)
| ||||||
3 | (This Section may contain text from a Public Act with a | ||||||
4 | delayed effective date ) | ||||||
5 | Sec. 34-18.75 34-18.67 . Identification cards; suicide | ||||||
6 | prevention information. If the school district issues an | ||||||
7 | identification card to pupils in any of grades 6 through 12, | ||||||
8 | the district shall provide contact information for the | ||||||
9 | National Suicide Prevention Lifeline (988), the Crisis Text | ||||||
10 | Line, and either the Safe2Help Illinois helpline or a local | ||||||
11 | suicide prevention hotline or both on the identification card. | ||||||
12 | The contact information shall identify each helpline that may | ||||||
13 | be contacted through text messaging. The contact information | ||||||
14 | shall be included in the school's student handbook and also | ||||||
15 | the student planner if a student planner is custom printed by | ||||||
16 | the school for distribution to pupils in any of grades 6 | ||||||
17 | through 12.
| ||||||
18 | (Source: P.A. 102-416, eff. 7-1-22; revised 10-19-21.)
| ||||||
19 | (105 ILCS 5/34-18.76)
| ||||||
20 | Sec. 34-18.76 34-18.67 . Student absence; pregnancy. The | ||||||
21 | board shall adopt written policies related to absences and | ||||||
22 | missed homework or classwork assignments as a result of or | ||||||
23 | related to a student's pregnancy.
| ||||||
24 | (Source: P.A. 102-471, eff. 8-20-21; revised 10-19-21.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/34-21.9) | ||||||
2 | Sec. 34-21.9. Modification of athletic or team uniform | ||||||
3 | permitted. | ||||||
4 | (a) The board must allow a student athlete to modify his or | ||||||
5 | her athletic or team uniform due to the observance of modesty | ||||||
6 | in clothing or attire in accordance with the requirements of | ||||||
7 | his or her religion or his or her cultural values or modesty | ||||||
8 | preferences. The modification of the athletic or team uniform | ||||||
9 | may include, but is not limited to, the wearing of a hijab, an | ||||||
10 | undershirt, or leggings. If a student chooses to modify his or | ||||||
11 | her athletic or team uniform, the student is responsible for | ||||||
12 | all costs associated with the modification of the uniform and | ||||||
13 | the student shall not be required to receive prior approval | ||||||
14 | from the board for such modification. However, nothing in this | ||||||
15 | Section prohibits a school from providing the modification to | ||||||
16 | the student. | ||||||
17 | (b) At a minimum, any modification of the athletic or team | ||||||
18 | uniform must not interfere with the movement of the student or | ||||||
19 | pose a safety hazard to the student or to other athletes or | ||||||
20 | players. The modification of headgear is permitted if the | ||||||
21 | headgear: | ||||||
22 | (1) is black, white, the predominant predominate color | ||||||
23 | of the uniform, or the same color for all players on the | ||||||
24 | team; | ||||||
25 | (2) does not cover any part of the face; |
| |||||||
| |||||||
1 | (3) is not dangerous to the player or to the other | ||||||
2 | players; | ||||||
3 | (4) has no opening or closing elements around the face | ||||||
4 | and neck; and | ||||||
5 | (5) has no parts extruding from its surface.
| ||||||
6 | (Source: P.A. 102-51, eff. 7-9-21; revised 10-20-21.) | ||||||
7 | Section 315. The Illinois School Student Records Act is | ||||||
8 | amended by changing Sections 2 and 6 as follows:
| ||||||
9 | (105 ILCS 10/2) (from Ch. 122, par. 50-2)
| ||||||
10 | (Text of Section before amendment by P.A. 102-199 and | ||||||
11 | 102-466 ) | ||||||
12 | Sec. 2.
As used in this Act:
| ||||||
13 | (a) "Student" means any person enrolled or previously | ||||||
14 | enrolled in a school.
| ||||||
15 | (b) "School" means any public preschool, day care center,
| ||||||
16 | kindergarten, nursery, elementary or secondary educational | ||||||
17 | institution,
vocational school, special educational facility | ||||||
18 | or any other elementary or
secondary educational agency or | ||||||
19 | institution and any person, agency or
institution which | ||||||
20 | maintains school student records from more than one school,
| ||||||
21 | but does not include a private or non-public school.
| ||||||
22 | (c) "State Board" means the State Board of Education.
| ||||||
23 | (d) "School Student Record" means any writing or
other | ||||||
24 | recorded information concerning a student
and by which a |
| |||||||
| |||||||
1 | student may be individually identified,
maintained by a school | ||||||
2 | or at its direction or by an employee of a
school, regardless | ||||||
3 | of how or where the information is stored.
The following shall | ||||||
4 | not be deemed school student records under
this Act: writings | ||||||
5 | or other recorded information maintained by an
employee of a | ||||||
6 | school or other person at the direction of a school for his or
| ||||||
7 | her exclusive use; provided that all such writings and other | ||||||
8 | recorded
information are destroyed not later than the | ||||||
9 | student's graduation or permanent
withdrawal from the school; | ||||||
10 | and provided further that no such records or
recorded | ||||||
11 | information may be released or disclosed to any person except | ||||||
12 | a person
designated by the school as
a substitute unless they | ||||||
13 | are first incorporated
in a school student record and made | ||||||
14 | subject to all of the
provisions of this Act.
School student | ||||||
15 | records shall not include information maintained by
law | ||||||
16 | enforcement professionals working in the school.
| ||||||
17 | (e) "Student Permanent Record" means the minimum personal
| ||||||
18 | information necessary to a school in the education of the | ||||||
19 | student
and contained in a school student record. Such | ||||||
20 | information
may include the student's name, birth date, | ||||||
21 | address, grades
and grade level, parents' names and addresses, | ||||||
22 | attendance
records, and such other entries as the State Board | ||||||
23 | may
require or authorize.
| ||||||
24 | (f) "Student Temporary Record" means all information | ||||||
25 | contained in
a school student record but not contained in
the | ||||||
26 | student permanent record. Such information may include
family |
| |||||||
| |||||||
1 | background information, intelligence test scores, aptitude
| ||||||
2 | test scores, psychological and personality test results, | ||||||
3 | teacher
evaluations, and other information of clear relevance | ||||||
4 | to the
education of the student, all subject to regulations of | ||||||
5 | the State Board.
The information shall include information | ||||||
6 | provided under Section 8.6 of the
Abused and Neglected Child | ||||||
7 | Reporting Act and information contained in service logs | ||||||
8 | maintained by a local education agency under subsection (d) of | ||||||
9 | Section 14-8.02f of the School Code.
In addition, the student | ||||||
10 | temporary record shall include information regarding
serious | ||||||
11 | disciplinary infractions that resulted in expulsion, | ||||||
12 | suspension, or the
imposition of punishment or sanction. For | ||||||
13 | purposes of this provision, serious
disciplinary infractions | ||||||
14 | means: infractions involving drugs, weapons, or bodily
harm to | ||||||
15 | another.
| ||||||
16 | (g) "Parent" means a person who is the natural parent of | ||||||
17 | the
student or other person who has the primary responsibility | ||||||
18 | for the
care and upbringing of the student. All rights and | ||||||
19 | privileges accorded
to a parent under this Act shall become | ||||||
20 | exclusively those of the student
upon his 18th birthday, | ||||||
21 | graduation from secondary school, marriage
or entry into | ||||||
22 | military service, whichever occurs first. Such
rights and | ||||||
23 | privileges may also be exercised by the student
at any time | ||||||
24 | with respect to the student's permanent school record.
| ||||||
25 | (Source: P.A. 101-515, eff. 8-23-19; 102-558, eff. 8-20-21.) |
| |||||||
| |||||||
1 | (Text of Section after amendment by P.A. 102-199 but | ||||||
2 | before amendment by P.A. 102-466 ) | ||||||
3 | Sec. 2.
As used in this Act:
| ||||||
4 | (a) "Student" means any person enrolled or previously | ||||||
5 | enrolled in a school.
| ||||||
6 | (b) "School" means any public preschool, day care center,
| ||||||
7 | kindergarten, nursery, elementary or secondary educational | ||||||
8 | institution,
vocational school, special educational facility | ||||||
9 | or any other elementary or
secondary educational agency or | ||||||
10 | institution and any person, agency or
institution which | ||||||
11 | maintains school student records from more than one school,
| ||||||
12 | but does not include a private or non-public school.
| ||||||
13 | (c) "State Board" means the State Board of Education.
| ||||||
14 | (d) "School Student Record" means any writing or
other | ||||||
15 | recorded information concerning a student
and by which a | ||||||
16 | student may be individually identified,
maintained by a school | ||||||
17 | or at its direction or by an employee of a
school, regardless | ||||||
18 | of how or where the information is stored.
The following shall | ||||||
19 | not be deemed school student records under
this Act: writings | ||||||
20 | or other recorded information maintained by an
employee of a | ||||||
21 | school or other person at the direction of a school for his or
| ||||||
22 | her exclusive use; provided that all such writings and other | ||||||
23 | recorded
information are destroyed not later than the | ||||||
24 | student's graduation or permanent
withdrawal from the school; | ||||||
25 | and provided further that no such records or
recorded | ||||||
26 | information may be released or disclosed to any person except |
| |||||||
| |||||||
1 | a person
designated by the school as
a substitute unless they | ||||||
2 | are first incorporated
in a school student record and made | ||||||
3 | subject to all of the
provisions of this Act.
School student | ||||||
4 | records shall not include information maintained by
law | ||||||
5 | enforcement professionals working in the school.
| ||||||
6 | (e) "Student Permanent Record" means the minimum personal
| ||||||
7 | information necessary to a school in the education of the | ||||||
8 | student
and contained in a school student record. Such | ||||||
9 | information
may include the student's name, birth date, | ||||||
10 | address, grades
and grade level, parents' names and addresses, | ||||||
11 | attendance
records, and such other entries as the State Board | ||||||
12 | may
require or authorize.
| ||||||
13 | (f) "Student Temporary Record" means all information | ||||||
14 | contained in
a school student record but not contained in
the | ||||||
15 | student permanent record. Such information may include
family | ||||||
16 | background information, intelligence test scores, aptitude
| ||||||
17 | test scores, psychological and personality test results, | ||||||
18 | teacher
evaluations, and other information of clear relevance | ||||||
19 | to the
education of the student, all subject to regulations of | ||||||
20 | the State Board.
The information shall include information | ||||||
21 | provided under Section 8.6 of the
Abused and Neglected Child | ||||||
22 | Reporting Act and information contained in service logs | ||||||
23 | maintained by a local education agency under subsection (d) of | ||||||
24 | Section 14-8.02f of the School Code.
In addition, the student | ||||||
25 | temporary record shall include information regarding
serious | ||||||
26 | disciplinary infractions that resulted in expulsion, |
| |||||||
| |||||||
1 | suspension, or the
imposition of punishment or sanction. For | ||||||
2 | purposes of this provision, serious
disciplinary infractions | ||||||
3 | means: infractions involving drugs, weapons, or bodily
harm to | ||||||
4 | another.
| ||||||
5 | (g) "Parent" means a person who is the natural parent of | ||||||
6 | the
student or other person who has the primary responsibility | ||||||
7 | for the
care and upbringing of the student. All rights and | ||||||
8 | privileges accorded
to a parent under this Act shall become | ||||||
9 | exclusively those of the student
upon his 18th birthday, | ||||||
10 | graduation from secondary school, marriage
or entry into | ||||||
11 | military service, whichever occurs first. Such
rights and | ||||||
12 | privileges may also be exercised by the student
at any time | ||||||
13 | with respect to the student's permanent school record.
| ||||||
14 | (h) "Department" means the Department of Children and | ||||||
15 | Family Services. | ||||||
16 | (Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22; | ||||||
17 | 102-558, eff. 8-20-21.)
| ||||||
18 | (Text of Section after amendment by P.A. 102-466 ) | ||||||
19 | Sec. 2.
As used in this Act:
| ||||||
20 | (a) "Student" means any person enrolled or previously | ||||||
21 | enrolled in a school.
| ||||||
22 | (b) "School" means any public preschool, day care center,
| ||||||
23 | kindergarten, nursery, elementary or secondary educational | ||||||
24 | institution,
vocational school, special educational facility | ||||||
25 | or any other elementary or
secondary educational agency or |
| |||||||
| |||||||
1 | institution and any person, agency or
institution which | ||||||
2 | maintains school student records from more than one school,
| ||||||
3 | but does not include a private or non-public school.
| ||||||
4 | (c) "State Board" means the State Board of Education.
| ||||||
5 | (d) "School Student Record" means any writing or
other | ||||||
6 | recorded information concerning a student
and by which a | ||||||
7 | student may be individually identified,
maintained by a school | ||||||
8 | or at its direction or by an employee of a
school, regardless | ||||||
9 | of how or where the information is stored.
The following shall | ||||||
10 | not be deemed school student records under
this Act: writings | ||||||
11 | or other recorded information maintained by an
employee of a | ||||||
12 | school or other person at the direction of a school for his or
| ||||||
13 | her exclusive use; provided that all such writings and other | ||||||
14 | recorded
information are destroyed not later than the | ||||||
15 | student's graduation or permanent
withdrawal from the school; | ||||||
16 | and provided further that no such records or
recorded | ||||||
17 | information may be released or disclosed to any person except | ||||||
18 | a person
designated by the school as
a substitute unless they | ||||||
19 | are first incorporated
in a school student record and made | ||||||
20 | subject to all of the
provisions of this Act.
School student | ||||||
21 | records shall not include information maintained by
law | ||||||
22 | enforcement professionals working in the school.
| ||||||
23 | (e) "Student Permanent Record" means the minimum personal
| ||||||
24 | information necessary to a school in the education of the | ||||||
25 | student
and contained in a school student record. Such | ||||||
26 | information
may include the student's name, birth date, |
| |||||||
| |||||||
1 | address, grades
and grade level, parents' names and addresses, | ||||||
2 | attendance
records, and such other entries as the State Board | ||||||
3 | may
require or authorize.
| ||||||
4 | (f) "Student Temporary Record" means all information | ||||||
5 | contained in
a school student record but not contained in
the | ||||||
6 | student permanent record. Such information may include
family | ||||||
7 | background information, intelligence test scores, aptitude
| ||||||
8 | test scores, psychological and personality test results, | ||||||
9 | teacher
evaluations, and other information of clear relevance | ||||||
10 | to the
education of the student, all subject to regulations of | ||||||
11 | the State Board.
The information shall include all of the | ||||||
12 | following: | ||||||
13 | (1) Information provided under Section 8.6 of the
| ||||||
14 | Abused and Neglected Child Reporting Act and information | ||||||
15 | contained in service logs maintained by a local education | ||||||
16 | agency under subsection (d) of Section 14-8.02f of the | ||||||
17 | School Code.
| ||||||
18 | (2) Information regarding
serious disciplinary | ||||||
19 | infractions that resulted in expulsion, suspension, or the
| ||||||
20 | imposition of punishment or sanction. For purposes of this | ||||||
21 | provision, serious
disciplinary infractions means: | ||||||
22 | infractions involving drugs, weapons, or bodily
harm to | ||||||
23 | another.
| ||||||
24 | (3) Information concerning a student's status and
| ||||||
25 | related experiences as a parent, expectant parent, or
| ||||||
26 | victim of domestic or sexual violence, as defined in
|
| |||||||
| |||||||
1 | Article 26A of the School Code, including a statement of
| ||||||
2 | the student or any other documentation, record, or
| ||||||
3 | corroborating evidence and the fact that the student has
| ||||||
4 | requested or obtained assistance, support, or
services | ||||||
5 | related to that status. Enforcement of this
paragraph (3) | ||||||
6 | shall follow the procedures provided in
Section 26A-40 of | ||||||
7 | the School Code. | ||||||
8 | (g) "Parent" means a person who is the natural parent of | ||||||
9 | the
student or other person who has the primary responsibility | ||||||
10 | for the
care and upbringing of the student. All rights and | ||||||
11 | privileges accorded
to a parent under this Act shall become | ||||||
12 | exclusively those of the student
upon his 18th birthday, | ||||||
13 | graduation from secondary school, marriage
or entry into | ||||||
14 | military service, whichever occurs first. Such
rights and | ||||||
15 | privileges may also be exercised by the student
at any time | ||||||
16 | with respect to the student's permanent school record.
| ||||||
17 | (h) "Department" means the Department of Children and | ||||||
18 | Family Services. | ||||||
19 | (Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22; | ||||||
20 | 102-466, eff. 7-1-25; 102-558, eff. 8-20-21; revised 10-8-21.)
| ||||||
21 | (105 ILCS 10/6) (from Ch. 122, par. 50-6)
| ||||||
22 | (Text of Section before amendment by P.A. 102-199 ) | ||||||
23 | Sec. 6. (a) No school student records or information
| ||||||
24 | contained therein may be released, transferred, disclosed or | ||||||
25 | otherwise
disseminated, except as follows:
|
| |||||||
| |||||||
1 | (1) to a parent or student or person specifically
| ||||||
2 | designated as a representative by a parent, as provided in | ||||||
3 | paragraph (a)
of Section 5;
| ||||||
4 | (2) to an employee or official of the school or
school | ||||||
5 | district or State Board with current demonstrable | ||||||
6 | educational
or administrative interest in the student, in | ||||||
7 | furtherance of such interest;
| ||||||
8 | (3) to the official records custodian of another | ||||||
9 | school within
Illinois or an official with similar | ||||||
10 | responsibilities of a school
outside Illinois, in which | ||||||
11 | the student has enrolled, or intends to enroll,
upon the | ||||||
12 | request of such official or student;
| ||||||
13 | (4) to any person for the purpose of research,
| ||||||
14 | statistical reporting, or planning, provided that such | ||||||
15 | research, statistical reporting, or planning is | ||||||
16 | permissible under and undertaken in accordance with the | ||||||
17 | federal Family Educational Rights and Privacy Act (20 | ||||||
18 | U.S.C. 1232g);
| ||||||
19 | (5) pursuant to a court order, provided that the
| ||||||
20 | parent shall be given prompt written notice upon receipt
| ||||||
21 | of such order of the terms of the order, the nature and
| ||||||
22 | substance of the information proposed to be released
in | ||||||
23 | compliance with such order and an opportunity to
inspect | ||||||
24 | and copy the school student records and to
challenge their | ||||||
25 | contents pursuant to Section 7;
| ||||||
26 | (6) to any person as specifically required by State
or |
| |||||||
| |||||||
1 | federal law;
| ||||||
2 | (6.5) to juvenile authorities
when necessary for the | ||||||
3 | discharge of their official duties
who request information | ||||||
4 | prior to
adjudication of the student and who certify in | ||||||
5 | writing that the information
will not be disclosed to any | ||||||
6 | other party except as provided under law or order
of | ||||||
7 | court. For purposes of this Section "juvenile authorities" | ||||||
8 | means:
(i) a judge of
the circuit court and members of the | ||||||
9 | staff of the court designated by the
judge; (ii) parties | ||||||
10 | to the proceedings under the Juvenile Court Act of 1987 | ||||||
11 | and
their attorneys; (iii) probation
officers and court | ||||||
12 | appointed advocates for the juvenile authorized by the | ||||||
13 | judge
hearing the case; (iv) any individual, public or | ||||||
14 | private agency having custody
of the child pursuant to | ||||||
15 | court order; (v) any individual, public or private
agency | ||||||
16 | providing education, medical or mental health service to | ||||||
17 | the child when
the requested information is needed to | ||||||
18 | determine the appropriate service or
treatment for the | ||||||
19 | minor; (vi) any potential placement provider when such
| ||||||
20 | release
is authorized by the court for the limited purpose | ||||||
21 | of determining the
appropriateness of the potential | ||||||
22 | placement; (vii) law enforcement officers and
prosecutors;
| ||||||
23 | (viii) adult and juvenile prisoner review boards; (ix) | ||||||
24 | authorized military
personnel; (x)
individuals authorized | ||||||
25 | by court;
| ||||||
26 | (7) subject to regulations of the State Board,
in |
| |||||||
| |||||||
1 | connection with an emergency, to appropriate persons
if | ||||||
2 | the knowledge of such information is necessary to protect
| ||||||
3 | the health or safety of the student or other
persons;
| ||||||
4 | (8) to any person, with the prior specific dated
| ||||||
5 | written consent of the parent designating the person
to | ||||||
6 | whom the records may be released, provided that at
the | ||||||
7 | time any such consent is requested or obtained,
the parent | ||||||
8 | shall be advised in writing that he has the right
to | ||||||
9 | inspect and copy such records in accordance with Section | ||||||
10 | 5, to
challenge their contents in accordance with Section | ||||||
11 | 7 and to limit any such
consent to
designated records or | ||||||
12 | designated portions of the information contained
therein;
| ||||||
13 | (9) to a governmental agency, or social service agency | ||||||
14 | contracted by a
governmental agency, in furtherance of an | ||||||
15 | investigation of a student's school
attendance pursuant to | ||||||
16 | the compulsory student attendance laws of this State,
| ||||||
17 | provided that the records are released to the employee or | ||||||
18 | agent designated by
the agency;
| ||||||
19 | (10) to those SHOCAP committee members who fall within | ||||||
20 | the meaning of
"state and local officials and | ||||||
21 | authorities", as those terms are used within the
meaning | ||||||
22 | of the federal Family Educational Rights and Privacy Act, | ||||||
23 | for
the
purposes of identifying serious habitual juvenile | ||||||
24 | offenders and matching those
offenders with community | ||||||
25 | resources pursuant to Section 5-145 of the Juvenile
Court | ||||||
26 | Act of 1987, but only to the extent that the release, |
| |||||||
| |||||||
1 | transfer,
disclosure, or dissemination is consistent with | ||||||
2 | the Family Educational Rights
and Privacy Act;
| ||||||
3 | (11) to the Department of Healthcare and Family | ||||||
4 | Services in furtherance of the
requirements of Section | ||||||
5 | 2-3.131, 3-14.29, 10-28, or 34-18.26 of
the School Code or | ||||||
6 | Section 10 of the School Breakfast and Lunch
Program Act; | ||||||
7 | or
| ||||||
8 | (12) to the State Board or another State government | ||||||
9 | agency or between or among State government agencies in | ||||||
10 | order to evaluate or audit federal and State programs or | ||||||
11 | perform research and planning, but only to the extent that | ||||||
12 | the release, transfer, disclosure, or dissemination is | ||||||
13 | consistent with the federal Family Educational Rights and | ||||||
14 | Privacy Act (20 U.S.C. 1232g) ; or . | ||||||
15 | (13) under Under an intergovernmental agreement if an | ||||||
16 | elementary school district and a high school district have | ||||||
17 | attendance boundaries that overlap and are parties to an | ||||||
18 | intergovernmental agreement that allows the sharing of | ||||||
19 | student records and information between the districts. | ||||||
20 | However, the sharing of student information is allowed | ||||||
21 | under an intergovernmental agreement only if the | ||||||
22 | intergovernmental agreement meets all of the following | ||||||
23 | requirements: | ||||||
24 | (A) The sharing of student information must be | ||||||
25 | voluntary and at the discretion of each school | ||||||
26 | district that is a party to the agreement. |
| |||||||
| |||||||
1 | (B) The sharing of student information applies | ||||||
2 | only to students who have been enrolled in both | ||||||
3 | districts or would be enrolled in both districts based | ||||||
4 | on district attendance boundaries, and the student's | ||||||
5 | parent or guardian has expressed in writing that the | ||||||
6 | student intends to enroll or has enrolled in the high | ||||||
7 | school district. | ||||||
8 | (C) The sharing of student information does not | ||||||
9 | exceed the scope of information that is shared among | ||||||
10 | schools in a unit school district. However, the terms | ||||||
11 | of an intergovernmental agreement may place further | ||||||
12 | limitations on the information that is allowed to be | ||||||
13 | shared. | ||||||
14 | (b) No information may be released pursuant to | ||||||
15 | subparagraph (3) or
(6) of paragraph (a) of this Section 6 | ||||||
16 | unless the parent receives
prior written notice of the nature | ||||||
17 | and substance of the information
proposed to be released, and | ||||||
18 | an opportunity to inspect
and copy such records in accordance | ||||||
19 | with Section 5 and to
challenge their contents in accordance | ||||||
20 | with Section 7. Provided, however,
that such notice shall be | ||||||
21 | sufficient if published in a local newspaper of
general | ||||||
22 | circulation or other publication directed generally to the | ||||||
23 | parents
involved where the proposed release of information is | ||||||
24 | pursuant to
subparagraph (6) of paragraph (a) of this Section | ||||||
25 | 6 and relates to more
than 25 students.
| ||||||
26 | (c) A record of any release of information pursuant
to |
| |||||||
| |||||||
1 | this Section must be made and kept as a part of the
school | ||||||
2 | student record and subject to the access granted by Section 5.
| ||||||
3 | Such record of release shall be maintained for the life of the
| ||||||
4 | school student records and shall be available only to the | ||||||
5 | parent
and the official records custodian.
Each record of | ||||||
6 | release shall also include:
| ||||||
7 | (1) the nature and substance of the information | ||||||
8 | released;
| ||||||
9 | (2) the name and signature of the official records
| ||||||
10 | custodian releasing such information;
| ||||||
11 | (3) the name of the person requesting such | ||||||
12 | information,
the capacity in which such a request has been | ||||||
13 | made, and the purpose of such
request;
| ||||||
14 | (4) the date of the release; and
| ||||||
15 | (5) a copy of any consent to such release.
| ||||||
16 | (d) Except for the student and his parents, no person
to | ||||||
17 | whom information is released pursuant to this Section
and no | ||||||
18 | person specifically designated as a representative by a parent
| ||||||
19 | may permit any other person to have access to such information | ||||||
20 | without a prior
consent of the parent obtained in accordance | ||||||
21 | with the requirements
of subparagraph (8) of paragraph (a) of | ||||||
22 | this Section.
| ||||||
23 | (e) Nothing contained in this Act shall prohibit the
| ||||||
24 | publication of student directories which list student names, | ||||||
25 | addresses
and other identifying information and similar | ||||||
26 | publications which
comply with regulations issued by the State |
| |||||||
| |||||||
1 | Board.
| ||||||
2 | (Source: P.A. 102-557, eff. 8-20-21; revised 10-14-21.) | ||||||
3 | (Text of Section after amendment by P.A. 102-199 )
| ||||||
4 | Sec. 6. (a) No school student records or information
| ||||||
5 | contained therein may be released, transferred, disclosed or | ||||||
6 | otherwise
disseminated, except as follows:
| ||||||
7 | (1) to a parent or student or person specifically
| ||||||
8 | designated as a representative by a parent, as provided in | ||||||
9 | paragraph (a)
of Section 5;
| ||||||
10 | (2) to an employee or official of the school or
school | ||||||
11 | district or State Board with current demonstrable | ||||||
12 | educational
or administrative interest in the student, in | ||||||
13 | furtherance of such interest;
| ||||||
14 | (3) to the official records custodian of another | ||||||
15 | school within
Illinois or an official with similar | ||||||
16 | responsibilities of a school
outside Illinois, in which | ||||||
17 | the student has enrolled, or intends to enroll,
upon the | ||||||
18 | request of such official or student;
| ||||||
19 | (4) to any person for the purpose of research,
| ||||||
20 | statistical reporting, or planning, provided that such | ||||||
21 | research, statistical reporting, or planning is | ||||||
22 | permissible under and undertaken in accordance with the | ||||||
23 | federal Family Educational Rights and Privacy Act (20 | ||||||
24 | U.S.C. 1232g);
| ||||||
25 | (5) pursuant to a court order, provided that the
|
| |||||||
| |||||||
1 | parent shall be given prompt written notice upon receipt
| ||||||
2 | of such order of the terms of the order, the nature and
| ||||||
3 | substance of the information proposed to be released
in | ||||||
4 | compliance with such order and an opportunity to
inspect | ||||||
5 | and copy the school student records and to
challenge their | ||||||
6 | contents pursuant to Section 7;
| ||||||
7 | (6) to any person as specifically required by State
or | ||||||
8 | federal law;
| ||||||
9 | (6.5) to juvenile authorities
when necessary for the | ||||||
10 | discharge of their official duties
who request information | ||||||
11 | prior to
adjudication of the student and who certify in | ||||||
12 | writing that the information
will not be disclosed to any | ||||||
13 | other party except as provided under law or order
of | ||||||
14 | court. For purposes of this Section "juvenile authorities" | ||||||
15 | means:
(i) a judge of
the circuit court and members of the | ||||||
16 | staff of the court designated by the
judge; (ii) parties | ||||||
17 | to the proceedings under the Juvenile Court Act of 1987 | ||||||
18 | and
their attorneys; (iii) probation
officers and court | ||||||
19 | appointed advocates for the juvenile authorized by the | ||||||
20 | judge
hearing the case; (iv) any individual, public or | ||||||
21 | private agency having custody
of the child pursuant to | ||||||
22 | court order; (v) any individual, public or private
agency | ||||||
23 | providing education, medical or mental health service to | ||||||
24 | the child when
the requested information is needed to | ||||||
25 | determine the appropriate service or
treatment for the | ||||||
26 | minor; (vi) any potential placement provider when such
|
| |||||||
| |||||||
1 | release
is authorized by the court for the limited purpose | ||||||
2 | of determining the
appropriateness of the potential | ||||||
3 | placement; (vii) law enforcement officers and
prosecutors;
| ||||||
4 | (viii) adult and juvenile prisoner review boards; (ix) | ||||||
5 | authorized military
personnel; (x)
individuals authorized | ||||||
6 | by court;
| ||||||
7 | (7) subject to regulations of the State Board,
in | ||||||
8 | connection with an emergency, to appropriate persons
if | ||||||
9 | the knowledge of such information is necessary to protect
| ||||||
10 | the health or safety of the student or other
persons;
| ||||||
11 | (8) to any person, with the prior specific dated
| ||||||
12 | written consent of the parent designating the person
to | ||||||
13 | whom the records may be released, provided that at
the | ||||||
14 | time any such consent is requested or obtained,
the parent | ||||||
15 | shall be advised in writing that he has the right
to | ||||||
16 | inspect and copy such records in accordance with Section | ||||||
17 | 5, to
challenge their contents in accordance with Section | ||||||
18 | 7 and to limit any such
consent to
designated records or | ||||||
19 | designated portions of the information contained
therein;
| ||||||
20 | (9) to a governmental agency, or social service agency | ||||||
21 | contracted by a
governmental agency, in furtherance of an | ||||||
22 | investigation of a student's school
attendance pursuant to | ||||||
23 | the compulsory student attendance laws of this State,
| ||||||
24 | provided that the records are released to the employee or | ||||||
25 | agent designated by
the agency;
| ||||||
26 | (10) to those SHOCAP committee members who fall within |
| |||||||
| |||||||
1 | the meaning of
"state and local officials and | ||||||
2 | authorities", as those terms are used within the
meaning | ||||||
3 | of the federal Family Educational Rights and Privacy Act, | ||||||
4 | for
the
purposes of identifying serious habitual juvenile | ||||||
5 | offenders and matching those
offenders with community | ||||||
6 | resources pursuant to Section 5-145 of the Juvenile
Court | ||||||
7 | Act of 1987, but only to the extent that the release, | ||||||
8 | transfer,
disclosure, or dissemination is consistent with | ||||||
9 | the Family Educational Rights
and Privacy Act;
| ||||||
10 | (11) to the Department of Healthcare and Family | ||||||
11 | Services in furtherance of the
requirements of Section | ||||||
12 | 2-3.131, 3-14.29, 10-28, or 34-18.26 of
the School Code or | ||||||
13 | Section 10 of the School Breakfast and Lunch
Program Act;
| ||||||
14 | (12) to the State Board or another State government | ||||||
15 | agency or between or among State government agencies in | ||||||
16 | order to evaluate or audit federal and State programs or | ||||||
17 | perform research and planning, but only to the extent that | ||||||
18 | the release, transfer, disclosure, or dissemination is | ||||||
19 | consistent with the federal Family Educational Rights and | ||||||
20 | Privacy Act (20 U.S.C. 1232g); or | ||||||
21 | (12.5) (13) if the student is in the legal custody of | ||||||
22 | the Department of Children and Family Services, to the | ||||||
23 | Department's Office of Education and Transition Services ; | ||||||
24 | or . | ||||||
25 | (13) under Under an intergovernmental agreement if an | ||||||
26 | elementary school district and a high school district have |
| |||||||
| |||||||
1 | attendance boundaries that overlap and are parties to an | ||||||
2 | intergovernmental agreement that allows the sharing of | ||||||
3 | student records and information between the districts. | ||||||
4 | However, the sharing of student information is allowed | ||||||
5 | under an intergovernmental agreement only if the | ||||||
6 | intergovernmental agreement meets all of the following | ||||||
7 | requirements: | ||||||
8 | (A) The sharing of student information must be | ||||||
9 | voluntary and at the discretion of each school | ||||||
10 | district that is a party to the agreement. | ||||||
11 | (B) The sharing of student information applies | ||||||
12 | only to students who have been enrolled in both | ||||||
13 | districts or would be enrolled in both districts based | ||||||
14 | on district attendance boundaries, and the student's | ||||||
15 | parent or guardian has expressed in writing that the | ||||||
16 | student intends to enroll or has enrolled in the high | ||||||
17 | school district. | ||||||
18 | (C) The sharing of student information does not | ||||||
19 | exceed the scope of information that is shared among | ||||||
20 | schools in a unit school district. However, the terms | ||||||
21 | of an intergovernmental agreement may place further | ||||||
22 | limitations on the information that is allowed to be | ||||||
23 | shared. | ||||||
24 | (b) No information may be released pursuant to | ||||||
25 | subparagraph (3) or
(6) of paragraph (a) of this Section 6 | ||||||
26 | unless the parent receives
prior written notice of the nature |
| |||||||
| |||||||
1 | and substance of the information
proposed to be released, and | ||||||
2 | an opportunity to inspect
and copy such records in accordance | ||||||
3 | with Section 5 and to
challenge their contents in accordance | ||||||
4 | with Section 7. Provided, however,
that such notice shall be | ||||||
5 | sufficient if published in a local newspaper of
general | ||||||
6 | circulation or other publication directed generally to the | ||||||
7 | parents
involved where the proposed release of information is | ||||||
8 | pursuant to
subparagraph (6) of paragraph (a) of this Section | ||||||
9 | 6 and relates to more
than 25 students.
| ||||||
10 | (c) A record of any release of information pursuant
to | ||||||
11 | this Section must be made and kept as a part of the
school | ||||||
12 | student record and subject to the access granted by Section 5.
| ||||||
13 | Such record of release shall be maintained for the life of the
| ||||||
14 | school student records and shall be available only to the | ||||||
15 | parent
and the official records custodian.
Each record of | ||||||
16 | release shall also include:
| ||||||
17 | (1) the nature and substance of the information | ||||||
18 | released;
| ||||||
19 | (2) the name and signature of the official records
| ||||||
20 | custodian releasing such information;
| ||||||
21 | (3) the name of the person requesting such | ||||||
22 | information,
the capacity in which such a request has been | ||||||
23 | made, and the purpose of such
request;
| ||||||
24 | (4) the date of the release; and
| ||||||
25 | (5) a copy of any consent to such release.
| ||||||
26 | (d) Except for the student and his or her parents or, if |
| |||||||
| |||||||
1 | applicable, the Department's Office of Education and | ||||||
2 | Transition Services, no person
to whom information is released | ||||||
3 | pursuant to this Section
and no person specifically designated | ||||||
4 | as a representative by a parent
may permit any other person to | ||||||
5 | have access to such information without a prior
consent of the | ||||||
6 | parent obtained in accordance with the requirements
of | ||||||
7 | subparagraph (8) of paragraph (a) of this Section.
| ||||||
8 | (e) Nothing contained in this Act shall prohibit the
| ||||||
9 | publication of student directories which list student names, | ||||||
10 | addresses
and other identifying information and similar | ||||||
11 | publications which
comply with regulations issued by the State | ||||||
12 | Board.
| ||||||
13 | (Source: P.A. 102-199, eff. 7-1-22; 102-557, eff. 8-20-21; | ||||||
14 | revised 10-14-21.) | ||||||
15 | Section 320. The Higher Education Veterans Service Act is | ||||||
16 | amended by changing Section 15 as follows: | ||||||
17 | (110 ILCS 49/15)
| ||||||
18 | Sec. 15. Survey; coordinator; best practices report; best | ||||||
19 | efforts.
| ||||||
20 | (a) All public colleges and universities shall, within 60 | ||||||
21 | days after the effective date of this Act, conduct a survey of | ||||||
22 | the services and programs that are provided for veterans, | ||||||
23 | active duty military personnel, and their families, at each of | ||||||
24 | their respective campuses. This survey shall enumerate and |
| |||||||
| |||||||
1 | fully describe the service or program that is available, the | ||||||
2 | number of veterans or active duty personnel using the service | ||||||
3 | or program, an estimated range for potential use within a | ||||||
4 | 5-year and 10-year period, information on the location of the | ||||||
5 | service or program, and how its administrators may be | ||||||
6 | contacted. The survey shall indicate the manner or manners in | ||||||
7 | which a student veteran may avail himself or herself of the | ||||||
8 | program's services. This survey must be made available to all | ||||||
9 | veterans matriculating at the college or university in the | ||||||
10 | form of an orientation-related guidebook. | ||||||
11 | Each public college and university shall make the survey | ||||||
12 | available on the homepage of all campus Internet links as soon | ||||||
13 | as practical after the completion of the survey. As soon as | ||||||
14 | possible after the completion of the survey, each public | ||||||
15 | college and university shall provide a copy of its survey to | ||||||
16 | the following: | ||||||
17 | (1) the Board of Higher Education; | ||||||
18 | (2) the Department of Veterans' Affairs; | ||||||
19 | (3) the President and Minority Leader of the Senate | ||||||
20 | and the Speaker and Minority Leader of the House of | ||||||
21 | Representatives; and | ||||||
22 | (4) the Governor. | ||||||
23 | (b) Each public college and university shall, at its | ||||||
24 | discretion, (i) appoint, within 6 months after August 7, 2009 | ||||||
25 | ( the effective date of this Act ) , an existing employee or (ii) | ||||||
26 | hire a new employee to serve as a Coordinator of Veterans and |
| |||||||
| |||||||
1 | Military Personnel Student Services on each campus of the | ||||||
2 | college or university that has an onsite, daily, full-time | ||||||
3 | student headcount above 1,000 students. | ||||||
4 | The Coordinator of Veterans and Military Personnel Student | ||||||
5 | Services shall be an ombudsperson serving the specific needs | ||||||
6 | of student veterans and military personnel and their families | ||||||
7 | and shall serve as an advocate before the administration of | ||||||
8 | the college or university for the needs of student veterans. | ||||||
9 | The college or university shall enable the Coordinator of | ||||||
10 | Veterans and Military Personnel Student Services to | ||||||
11 | communicate directly with the senior executive administration | ||||||
12 | of the college or university periodically. The college or | ||||||
13 | university shall retain unfettered discretion to determine the | ||||||
14 | organizational management structure of its institution. | ||||||
15 | In addition to any responsibilities the college or | ||||||
16 | university may assign, the Coordinator of Veterans and | ||||||
17 | Military Personnel Student Services shall make its best | ||||||
18 | efforts to create a centralized source for student veterans | ||||||
19 | and military personnel to learn how to receive all benefit | ||||||
20 | programs and services for which they are eligible. | ||||||
21 | Each college and university campus that is required to | ||||||
22 | have a Coordinator of Veterans and Military Personnel Student | ||||||
23 | Services shall regularly and conspicuously advertise the | ||||||
24 | office location and phone number of and Internet access to the | ||||||
25 | Coordinator of Veterans and Military Personnel Student | ||||||
26 | Services, along with a brief summary of the manner in which he |
| |||||||
| |||||||
1 | or she can assist student veterans. The advertisement shall | ||||||
2 | include, but is not necessarily limited to, the following: | ||||||
3 | (1) advertisements on each campus' Internet home page; | ||||||
4 | (2) any promotional mailings for student application; | ||||||
5 | and | ||||||
6 | (3) the website and any social media accounts of the | ||||||
7 | public college or university. | ||||||
8 | The Coordinator of Veterans and Military Personnel Student | ||||||
9 | Services shall facilitate other campus offices with the | ||||||
10 | promotion of programs and services that are available. | ||||||
11 | (c) Upon receipt of all of the surveys under subsection | ||||||
12 | (a) of this Section, the Board of Higher Education and the | ||||||
13 | Department of Veterans' Affairs shall conduct a joint review | ||||||
14 | of the surveys. The Department of Veterans' Affairs shall | ||||||
15 | post, on any Internet home page it may operate, a link to each | ||||||
16 | survey as posted on the Internet website for the college or | ||||||
17 | university. The Board of Higher Education shall post, on any | ||||||
18 | Internet home page it may operate, a link to each survey as | ||||||
19 | posted on the Internet website for the college or university | ||||||
20 | or an annual report or document containing survey information | ||||||
21 | for each college or university. Upon receipt of all of the | ||||||
22 | surveys, the Office of the Governor, through its military | ||||||
23 | affairs advisors, shall similarly conduct a review of the | ||||||
24 | surveys. Following its review of the surveys, the Office of | ||||||
25 | the Governor shall submit an evaluation report to each college | ||||||
26 | and university offering suggestions and insight on the conduct |
| |||||||
| |||||||
1 | of student veteran-related policies and programs. | ||||||
2 | (d) The Board of Higher Education and the Department of | ||||||
3 | Veterans' Affairs may issue a best practices report to | ||||||
4 | highlight those programs and services that are most beneficial | ||||||
5 | to veterans and active duty military personnel. The report | ||||||
6 | shall contain a fiscal needs assessment in conjunction with | ||||||
7 | any program recommendations. | ||||||
8 | (e) Each college and university campus that is required to | ||||||
9 | have a Coordinator of Veterans and Military Personnel Student | ||||||
10 | Services under subsection (b) of this Section shall make its | ||||||
11 | best efforts to create academic and social programs and | ||||||
12 | services for veterans and active duty military personnel that | ||||||
13 | will provide reasonable opportunities for academic performance | ||||||
14 | and success. | ||||||
15 | Each public college and university shall make its best | ||||||
16 | efforts to determine how its online educational curricula can | ||||||
17 | be expanded or altered to serve the needs of student veterans | ||||||
18 | and currently deployed currently-deployed military, including | ||||||
19 | a determination of whether and to what extent the public | ||||||
20 | colleges and universities can share existing technologies to | ||||||
21 | improve the online curricula of peer institutions, provided | ||||||
22 | such efforts are both practically and economically feasible.
| ||||||
23 | (Source: P.A. 102-278, eff. 8-6-21; 102-295, eff. 8-6-21; | ||||||
24 | 102-558, eff. 8-20-21; revised 10-18-21.) | ||||||
25 | Section 325. The Mental Health Early Action on Campus Act |
| |||||||
| |||||||
1 | is amended by changing Section 25 as follows: | ||||||
2 | (110 ILCS 58/25) | ||||||
3 | (Text of Section before amendment by P.A. 102-373 and P.A. | ||||||
4 | 102-416 )
| ||||||
5 | Sec. 25. Awareness. To raise mental health awareness on | ||||||
6 | college campuses, each public college or university must do | ||||||
7 | all of the following: | ||||||
8 | (1) Develop and implement an annual student | ||||||
9 | orientation session aimed at raising awareness about | ||||||
10 | mental health conditions. | ||||||
11 | (2) Assess courses and seminars available to students | ||||||
12 | through their regular academic experiences and implement | ||||||
13 | mental health awareness curricula if opportunities for | ||||||
14 | integration exist. | ||||||
15 | (3) Create and feature a page on its website or mobile | ||||||
16 | application with information dedicated solely to the | ||||||
17 | mental health resources available to students at the | ||||||
18 | public college or university and in the surrounding | ||||||
19 | community. | ||||||
20 | (4) Distribute messages related to mental health | ||||||
21 | resources that encourage help-seeking behavior through the | ||||||
22 | online learning platform of the public college or | ||||||
23 | university during high stress periods of the academic | ||||||
24 | year, including, but not limited to, midterm or final | ||||||
25 | examinations. These stigma-reducing strategies must be |
| |||||||
| |||||||
1 | based on documented best practices. | ||||||
2 | (5) Three years after the effective date of this Act, | ||||||
3 | implement an online screening tool to raise awareness and | ||||||
4 | establish a mechanism to link or refer students of the | ||||||
5 | public college or university to services. Screenings and | ||||||
6 | resources must be available year round for students and, | ||||||
7 | at a minimum, must (i) include validated screening tools | ||||||
8 | for depression, an anxiety disorder, an eating disorder, | ||||||
9 | substance use, alcohol-use disorder, post-traumatic stress | ||||||
10 | disorder, and bipolar disorder, (ii) provide resources for | ||||||
11 | immediate connection to services, if indicated, including | ||||||
12 | emergency resources, (iii) provide general information | ||||||
13 | about all mental health-related resources available to | ||||||
14 | students of the public college or university, and (iv) | ||||||
15 | function anonymously. | ||||||
16 | (6) At least once per term and at times of high | ||||||
17 | academic stress, including midterm or final examinations, | ||||||
18 | provide students information regarding online screenings | ||||||
19 | and resources.
| ||||||
20 | (Source: P.A. 101-251, eff. 7-1-20 .) | ||||||
21 | (Text of Section after amendment by P.A. 102-373 and P.A. | ||||||
22 | 102-416 ) | ||||||
23 | Sec. 25. Awareness. To raise mental health awareness on | ||||||
24 | college campuses, each public college or university must do | ||||||
25 | all of the following: |
| |||||||
| |||||||
1 | (1) Develop and implement an annual student | ||||||
2 | orientation session aimed at raising awareness about | ||||||
3 | mental health conditions. | ||||||
4 | (2) Assess courses and seminars available to students | ||||||
5 | through their regular academic experiences and implement | ||||||
6 | mental health awareness curricula if opportunities for | ||||||
7 | integration exist. | ||||||
8 | (3) Create and feature a page on its website or mobile | ||||||
9 | application with information dedicated solely to the | ||||||
10 | mental health resources available to students at the | ||||||
11 | public college or university and in the surrounding | ||||||
12 | community. | ||||||
13 | (4) Distribute messages related to mental health | ||||||
14 | resources that encourage help-seeking behavior through the | ||||||
15 | online learning platform of the public college or | ||||||
16 | university during high stress periods of the academic | ||||||
17 | year, including, but not limited to, midterm or final | ||||||
18 | examinations. These stigma-reducing strategies must be | ||||||
19 | based on documented best practices. | ||||||
20 | (5) Three years after the effective date of this Act, | ||||||
21 | implement an online screening tool to raise awareness and | ||||||
22 | establish a mechanism to link or refer students of the | ||||||
23 | public college or university to services. Screenings and | ||||||
24 | resources must be available year round for students and, | ||||||
25 | at a minimum, must (i) include validated screening tools | ||||||
26 | for depression, an anxiety disorder, an eating disorder, |
| |||||||
| |||||||
1 | substance use, alcohol-use disorder, post-traumatic stress | ||||||
2 | disorder, and bipolar disorder, (ii) provide resources for | ||||||
3 | immediate connection to services, if indicated, including | ||||||
4 | emergency resources, (iii) provide general information | ||||||
5 | about all mental health-related resources available to | ||||||
6 | students of the public college or university, and (iv) | ||||||
7 | function anonymously. | ||||||
8 | (6) At least once per term and at times of high | ||||||
9 | academic stress, including midterm or final examinations, | ||||||
10 | provide students information regarding online screenings | ||||||
11 | and resources.
| ||||||
12 | (7) Provide contact information for the National | ||||||
13 | Suicide Prevention Lifeline (988), for the Crisis Text | ||||||
14 | Line, and a local suicide prevention hotline, and for the | ||||||
15 | mental health counseling center or program of the public | ||||||
16 | college or university on the back of each student | ||||||
17 | identification card issued by the public college or | ||||||
18 | university after July 1, 2022 ( the effective date of | ||||||
19 | Public Act 102-373) this amendatory Act of the 102nd | ||||||
20 | General Assembly if the public college or university | ||||||
21 | issues student identification cards. If the public college | ||||||
22 | or university does not issue student identification cards | ||||||
23 | to its students, the public college or university must | ||||||
24 | publish the contact information on its website. The | ||||||
25 | contact information shall identify each helpline that may | ||||||
26 | be contacted through text messaging. The contact |
| |||||||
| |||||||
1 | information shall be included in the public college's or | ||||||
2 | university's student handbook and also the student planner | ||||||
3 | if a student planner is custom printed by the public | ||||||
4 | college or university for distribution to students. | ||||||
5 | (Source: P.A. 101-251, eff. 7-1-20; 102-373, eff. 7-1-22; | ||||||
6 | 102-416, eff. 7-1-22; revised 9-21-21.) | ||||||
7 | Section 330. The University of Illinois Act is amended by | ||||||
8 | setting forth, renumbering, and changing multiple
versions of | ||||||
9 | Section 120 as follows:
| ||||||
10 | (110 ILCS 305/120)
| ||||||
11 | Sec. 120. Modification of athletic or team uniform | ||||||
12 | permitted. | ||||||
13 | (a) The Board of Trustees must allow a student athlete to | ||||||
14 | modify his or her athletic or team uniform due to the | ||||||
15 | observance of modesty in clothing or attire in accordance with | ||||||
16 | the requirements of his or her religion or his or her cultural | ||||||
17 | values or modesty preferences. The modification of the | ||||||
18 | athletic or team uniform may include, but is not limited to, | ||||||
19 | the wearing of a hijab, an undershirt, or leggings. If a | ||||||
20 | student chooses to modify his or her athletic or team uniform, | ||||||
21 | the student is responsible for all costs associated with the | ||||||
22 | modification of the uniform and the student shall not be | ||||||
23 | required to receive prior approval from the Board of Trustees | ||||||
24 | for such modification. However, nothing in this Section |
| |||||||
| |||||||
1 | prohibits the University from providing the modification to | ||||||
2 | the student. | ||||||
3 | (b) At a minimum, any modification of the athletic or team | ||||||
4 | uniform must not interfere with the movement of the student or | ||||||
5 | pose a safety hazard to the student or to other athletes or | ||||||
6 | players. The modification of headgear is permitted if the | ||||||
7 | headgear: | ||||||
8 | (1) is black, white, the predominant predominate color | ||||||
9 | of the uniform, or the same color for all players on the | ||||||
10 | team; | ||||||
11 | (2) does not cover any part of the face; | ||||||
12 | (3) is not dangerous to the player or to the other | ||||||
13 | players; | ||||||
14 | (4) has no opening or closing elements around the face | ||||||
15 | and neck; and | ||||||
16 | (5) has no parts extruding from its surface.
| ||||||
17 | (Source: P.A. 102-51, eff. 7-9-21; revised 10-18-21.)
| ||||||
18 | (110 ILCS 305/122)
| ||||||
19 | Sec. 122 120 . Academic major report. The Board of Trustees | ||||||
20 | shall provide to each enrolled student, at the time the | ||||||
21 | student declares or changes his or her academic major or | ||||||
22 | program of study, a report that contains relevant, | ||||||
23 | independent, and accurate data related to the student's major | ||||||
24 | or program of study and to the current occupational outlook | ||||||
25 | associated with that major or program of study. The report |
| |||||||
| |||||||
1 | shall provide the student with all of the following | ||||||
2 | information: | ||||||
3 | (1) The estimated cost of his or her education | ||||||
4 | associated with pursuing a degree in that major or program | ||||||
5 | of study. | ||||||
6 | (2) The average monthly student loan payment over a | ||||||
7 | period of 20 years based on the estimated cost of his or | ||||||
8 | her education under paragraph (1). | ||||||
9 | (3) The average job placement rate within 12 months | ||||||
10 | after graduation for a graduate who holds a degree in that | ||||||
11 | major or program of study. | ||||||
12 | (4) The average entry-level wage or salary for an | ||||||
13 | occupation related to that major or program of study. | ||||||
14 | (5) The average wage or salary 5 years after entry | ||||||
15 | into an occupation under paragraph (4).
| ||||||
16 | (Source: P.A. 102-214, eff. 1-1-22; revised 10-18-21.)
| ||||||
17 | (110 ILCS 305/130)
| ||||||
18 | Sec. 130 120 . Availability of menstrual hygiene products. | ||||||
19 | (a) In this Section, "menstrual hygiene products" means | ||||||
20 | tampons and sanitary napkins for use in connection with the | ||||||
21 | menstrual cycle. | ||||||
22 | (b) The Board of Trustees shall make menstrual hygiene | ||||||
23 | products available, at no cost to students, in the bathrooms | ||||||
24 | of facilities or portions of facilities that (i) are owned or | ||||||
25 | leased by the Board or over which the Board has care, custody, |
| |||||||
| |||||||
1 | and control and (ii) are used for student instruction or | ||||||
2 | administrative purposes.
| ||||||
3 | (Source: P.A. 102-250, eff. 8-5-21; revised 10-18-21.)
| ||||||
4 | (110 ILCS 305/135)
| ||||||
5 | Sec. 135 120 . Adjunct professor; status of class. | ||||||
6 | (a) At least 30 days before the beginning of a term and | ||||||
7 | again at 14 days before the beginning of the term, the Board of | ||||||
8 | Trustees must notify an adjunct professor about the status of | ||||||
9 | enrollment of the class the adjunct professor was hired to | ||||||
10 | teach. | ||||||
11 | (b) This Section does not apply if the Governor has | ||||||
12 | declared a disaster due to a public health emergency or a | ||||||
13 | natural disaster pursuant to Section 7 of the Illinois | ||||||
14 | Emergency Management Agency Act. | ||||||
15 | (c) Collective bargaining agreements that are in effect on | ||||||
16 | January 1, 2022 ( the effective date of Public Act 102-260) | ||||||
17 | this amendatory Act of the 102nd General Assembly are exempt | ||||||
18 | from the requirements of this Section.
| ||||||
19 | (Source: P.A. 102-260, eff. 1-1-22; revised 10-18-21.)
| ||||||
20 | (110 ILCS 305/140)
| ||||||
21 | Sec. 140 120 . Family and medical leave coverage. A | ||||||
22 | University employee who has been employed by the University | ||||||
23 | for at least 12 months and who has worked at least 1,000 hours | ||||||
24 | in the previous 12-month period shall be eligible for family |
| |||||||
| |||||||
1 | and medical leave under the same terms and conditions as leave | ||||||
2 | provided to eligible employees under the federal Family and | ||||||
3 | Medical Leave Act of 1993.
| ||||||
4 | (Source: P.A. 102-335, eff. 1-1-22; revised 10-21-21.)
| ||||||
5 | (110 ILCS 305/145)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2023) | ||||||
7 | Sec. 145 120 . Carbon capture, utilization, and storage | ||||||
8 | report. | ||||||
9 | (a) Subject to appropriation, the Prairie Research | ||||||
10 | Institute at the University of Illinois at Urbana-Champaign, | ||||||
11 | in consultation with an intergovernmental advisory committee, | ||||||
12 | must file a report on the potential for carbon capture, | ||||||
13 | utilization, and storage as a climate mitigation technology | ||||||
14 | throughout Illinois with the Governor and the General Assembly | ||||||
15 | no later than December 31, 2022. The report shall provide an | ||||||
16 | assessment of Illinois subsurface storage resources, a | ||||||
17 | description of existing and selected subsurface storage | ||||||
18 | projects, and best practices for carbon storage. Additionally, | ||||||
19 | the report shall provide recommendations for policy and | ||||||
20 | regulatory needs at the State level based on its findings , and | ||||||
21 | shall, at a minimum, address all the following areas: | ||||||
22 | (1) carbon capture, utilization, and storage current | ||||||
23 | status and future storage resource potential in the | ||||||
24 | State ; . Enhanced Oil Recovery shall remain outside the | ||||||
25 | scope of this study; |
| |||||||
| |||||||
1 | (2) procedures, standards, and safeguards for the | ||||||
2 | storage of carbon dioxide; | ||||||
3 | (3) permitting processes and the coordination with | ||||||
4 | applicable federal law or regulatory commissions, | ||||||
5 | including the Class VI injection well permitting process; | ||||||
6 | (4) economic impact, job creation, and job retention | ||||||
7 | from carbon capture, utilization, and storage that both | ||||||
8 | protects the environment and supports short-term and | ||||||
9 | long-term economic growth; | ||||||
10 | (5) development of knowledge capacity of appropriate | ||||||
11 | State agencies and stakeholders; | ||||||
12 | (6) environmental justice and stakeholder issues | ||||||
13 | related to carbon capture, utilization, and storage | ||||||
14 | throughout the State; | ||||||
15 | (7) leveraging federal policies and public-private | ||||||
16 | partnerships for research, design, and development to | ||||||
17 | benefit the State; | ||||||
18 | (8) liability for the storage and monitoring | ||||||
19 | maintenance of the carbon dioxide after the completion of | ||||||
20 | a carbon capture, utilization, and storage project; | ||||||
21 | (9) acquisition, ownership, and amalgamation of pore | ||||||
22 | space for carbon capture, utilization, and storage; | ||||||
23 | (10) methodologies to establish any necessary fees, | ||||||
24 | costs, or offsets; and | ||||||
25 | (11) any risks to health, safety, the environment, and | ||||||
26 | property uses or values. |
| |||||||
| |||||||
1 | (b) In developing the report under this Section, the | ||||||
2 | Prairie Research Institute shall form an advisory committee, | ||||||
3 | which shall be composed of all the following members: | ||||||
4 | (1) the Director of the Environmental Protection | ||||||
5 | Agency, or his or her designee; | ||||||
6 | (2) the Director of Natural Resources, or his or her | ||||||
7 | designee; | ||||||
8 | (3) the Director of Commerce and Economic Opportunity, | ||||||
9 | or his or her designee; | ||||||
10 | (4) the Director of the Illinois Emergency Management | ||||||
11 | Agency, or his or her designee; | ||||||
12 | (5) the Director of Agriculture, or his or her | ||||||
13 | designee; | ||||||
14 | (6) the Attorney General, or his or her designee; | ||||||
15 | (7) one member of the Senate, appointed by the | ||||||
16 | President of the Senate; | ||||||
17 | (8) one member of the House of Representatives, | ||||||
18 | appointed by the Speaker of the House of Representatives; | ||||||
19 | (9) one member of the Senate, appointed by the | ||||||
20 | Minority Leader of the Senate; and | ||||||
21 | (10) one member of the House of Representatives, | ||||||
22 | appointed by the Minority Leader of the House of | ||||||
23 | Representatives. | ||||||
24 | (c) No later than 60 days after August 13, 2021 ( the | ||||||
25 | effective date of Public Act 102-341) this amendatory Act of | ||||||
26 | the 102nd General Assembly , the advisory committee shall hold |
| |||||||
| |||||||
1 | its first meeting at the call of the Executive Director of the | ||||||
2 | Prairie Research Institute, at which meeting the members shall | ||||||
3 | select a chairperson from among themselves. After its first | ||||||
4 | meeting, the committee shall meet at the call of the | ||||||
5 | chairperson. Members of the committee shall serve without | ||||||
6 | compensation. The Prairie Research Committee shall provide | ||||||
7 | administrative support to the committee. | ||||||
8 | (d) The Prairie Research Institute shall also engage with | ||||||
9 | interested stakeholders throughout the State to gain insights | ||||||
10 | into socio-economic perspectives from environmental justice | ||||||
11 | organizations, environmental non-governmental organizations, | ||||||
12 | industry, landowners, farm bureaus, manufacturing, labor | ||||||
13 | unions, and others. | ||||||
14 | (e) This Section is repealed on January 1, 2023.
| ||||||
15 | (Source: P.A. 102-341, eff. 8-13-21; revised 10-18-21.)
| ||||||
16 | (110 ILCS 305/150)
| ||||||
17 | Sec. 150 120 . Undocumented Student Liaison; Undocumented | ||||||
18 | Student Resource Center. | ||||||
19 | (a) Beginning with the 2022-2023 academic year, the Board | ||||||
20 | of Trustees shall designate an employee as an Undocumented | ||||||
21 | Student Resource Liaison to be available on campus to provide | ||||||
22 | assistance to undocumented students and mixed status students | ||||||
23 | within the United States in streamlining access to financial | ||||||
24 | aid and academic support to successfully matriculate to degree | ||||||
25 | completion. The Undocumented Student Liaison shall provide |
| |||||||
| |||||||
1 | assistance to vocational students, undergraduate students,
| ||||||
2 | graduate students, and professional-track students. An | ||||||
3 | employee who is designated as an Undocumented Student Liaison | ||||||
4 | must be knowledgeable about current legislation and policy | ||||||
5 | changes through professional development with the Illinois | ||||||
6 | Dream Fund Commission to provide the wrap-around services to | ||||||
7 | such students. The Illinois Dream Fund Commission shall | ||||||
8 | conduct professional development under this Section. The | ||||||
9 | Illinois Dream Fund Commission's task force on immigration | ||||||
10 | issues and the Undocumented Student Liaison shall ensure that | ||||||
11 | undocumented immigrants and students from mixed status | ||||||
12 | households receive equitable and inclusive access to the | ||||||
13 | University's retention and matriculation programs. | ||||||
14 | The Board shall ensure that an Undocumented Student | ||||||
15 | Liaison is available at each campus of the University. The | ||||||
16 | Undocumented Student Liaison must be placed in a location that | ||||||
17 | provides direct access for students in collaboration with the | ||||||
18 | retention and matriculation programs of the University. The | ||||||
19 | Undocumented Student Liaison shall report directly to senior | ||||||
20 | leadership and shall assist leadership with the review of | ||||||
21 | policies and procedures that directly affect undocumented and | ||||||
22 | mixed status students. | ||||||
23 | An Undocumented Student Liaison may work on outreach | ||||||
24 | efforts to provide access to resources and support within the | ||||||
25 | grade P-20 education pipeline by supporting summer enrichment | ||||||
26 | programs and pipeline options for students in any of grades 9 |
| |||||||
| |||||||
1 | through 12. | ||||||
2 | (b) The Board is encouraged to establish an Undocumented | ||||||
3 | Student Resource Center on each of its campuses. An A | ||||||
4 | Undocumented Student Resource Center may offer support | ||||||
5 | services, including, but not limited to, State and private | ||||||
6 | financial assistance, academic and career counseling, and | ||||||
7 | retention and matriculation support services, as well as | ||||||
8 | mental health counseling options because the changing | ||||||
9 | immigration climate impacts a student's overall well-being and | ||||||
10 | success. | ||||||
11 | An Undocumented Student Resource Center may be housed
| ||||||
12 | within an existing student service center or academic center, | ||||||
13 | and the new construction of an Undocumented Student Resource | ||||||
14 | Center is not required under this Section. | ||||||
15 | The Board may seek and accept any financial support | ||||||
16 | through institutional advancement, private gifts, or donations | ||||||
17 | to aid in the creation and operation of and the services | ||||||
18 | provided by an Undocumented Student Resource Center.
| ||||||
19 | (Source: P.A. 102-475, eff. 8-20-21; revised 10-18-21.)
| ||||||
20 | (110 ILCS 305/155)
| ||||||
21 | Sec. 155 120 . Personal support worker's attendance in | ||||||
22 | class permitted. If a student of the University has a personal | ||||||
23 | support worker through the Home-Based Support
Services Program | ||||||
24 | for Adults with Mental Disabilities under the
Developmental | ||||||
25 | Disability and Mental Disability Services Act, the Board of |
| |||||||
| |||||||
1 | Trustees must permit the personal support worker to attend | ||||||
2 | class with the student but is not responsible for providing or | ||||||
3 | paying for the personal support worker. If the personal | ||||||
4 | support worker's attendance in class is solely to provide | ||||||
5 | personal support services to the student, the Board may not | ||||||
6 | charge the personal support worker tuition and fees for such | ||||||
7 | attendance.
| ||||||
8 | (Source: P.A. 102-568, eff. 8-23-21; revised 10-18-21.)
| ||||||
9 | Section 335. The University of Illinois Hospital Act is | ||||||
10 | amended by setting forth, renumbering, and changing multiple
| ||||||
11 | versions of Section 8d as follows: | ||||||
12 | (110 ILCS 330/8d) | ||||||
13 | (Text of Section from P.A. 102-4 and 102-671) | ||||||
14 | Sec. 8d. N95 masks. Pursuant to and in accordance with | ||||||
15 | applicable local, State, and federal policies, guidance and | ||||||
16 | recommendations of public health and infection control | ||||||
17 | authorities, and taking into consideration the limitations on | ||||||
18 | access to N95 masks caused by disruptions in local, State, | ||||||
19 | national, and international supply chains, the University of | ||||||
20 | Illinois Hospital shall provide N95 masks to physicians | ||||||
21 | licensed under the Medical Practice Act of 1987, registered | ||||||
22 | nurses and advanced practice registered nurses licensed under | ||||||
23 | the Nurse Licensing Act, and any other employees or | ||||||
24 | contractual workers who provide direct patient care and who, |
| |||||||
| |||||||
1 | pursuant to such policies, guidance, and recommendations, are | ||||||
2 | recommended to have such a mask to safely provide such direct | ||||||
3 | patient care within a hospital setting. Nothing in this | ||||||
4 | Section shall be construed to impose any new duty or | ||||||
5 | obligation on the University of Illinois Hospital or employee | ||||||
6 | that is greater than that imposed under State and federal laws | ||||||
7 | in effect on the effective date of this amendatory Act of the | ||||||
8 | 102nd General Assembly. | ||||||
9 | This Section is repealed on July 1, 2022.
| ||||||
10 | (Source: P.A. 102-4, eff. 4-27-21; 102-671, eff. 11-30-21.) | ||||||
11 | (Text of Section from P.A. 102-4 and 102-674) | ||||||
12 | Sec. 8d. N95 masks. Pursuant to and in accordance with | ||||||
13 | applicable local, State, and federal policies, guidance and | ||||||
14 | recommendations of public health and infection control | ||||||
15 | authorities, and taking into consideration the limitations on | ||||||
16 | access to N95 masks caused by disruptions in local, State, | ||||||
17 | national, and international supply chains, the University of | ||||||
18 | Illinois Hospital shall provide N95 masks to physicians | ||||||
19 | licensed under the Medical Practice Act of 1987, registered | ||||||
20 | nurses and advanced practice registered nurses licensed under | ||||||
21 | the Nurse Licensing Act, and any other employees or | ||||||
22 | contractual workers who provide direct patient care and who, | ||||||
23 | pursuant to such policies, guidance, and recommendations, are | ||||||
24 | recommended to have such a mask to safely provide such direct | ||||||
25 | patient care within a hospital setting. Nothing in this |
| |||||||
| |||||||
1 | Section shall be construed to impose any new duty or | ||||||
2 | obligation on the University of Illinois Hospital or employee | ||||||
3 | that is greater than that imposed under State and federal laws | ||||||
4 | in effect on the effective date of this amendatory Act of the | ||||||
5 | 102nd General Assembly. | ||||||
6 | This Section is repealed on December 31, 2022.
| ||||||
7 | (Source: P.A. 102-4, eff. 4-27-21; 102-674, eff. 11-30-21 .)
| ||||||
8 | (110 ILCS 330/8e)
| ||||||
9 | Sec. 8e 8d . Facility-provided medication upon discharge. | ||||||
10 | (a) The General Assembly finds that this Section is | ||||||
11 | necessary for the immediate preservation of the public peace, | ||||||
12 | health, and safety. | ||||||
13 | (b) In this Section, "facility-provided medication" has | ||||||
14 | the same meaning as provided under Section 15.10 of the | ||||||
15 | Pharmacy Practice Act. | ||||||
16 | (c) When a facility-provided medication is ordered at | ||||||
17 | least 24 hours in advance for surgical procedures and is | ||||||
18 | administered to a patient at the University of Illinois | ||||||
19 | Hospital, any unused portion of the facility-provided | ||||||
20 | medication must be offered to the patient upon discharge when | ||||||
21 | it is required for continuing treatment. | ||||||
22 | (d) A facility-provided medication shall be labeled | ||||||
23 | consistent with labeling requirements under Section 22 of the | ||||||
24 | Pharmacy Practice Act. | ||||||
25 | (e) If the facility-provided medication is used in an |
| |||||||
| |||||||
1 | operating room or emergency department setting, the prescriber | ||||||
2 | is responsible for counseling the patient on its proper use | ||||||
3 | and administration and the requirement of pharmacist | ||||||
4 | counseling is waived.
| ||||||
5 | (Source: P.A. 102-155, eff. 7-23-21; revised 11-9-21.)
| ||||||
6 | (110 ILCS 330/8f)
| ||||||
7 | Sec. 8f 8d . Surgical smoke plume evacuation. | ||||||
8 | (a) In this Section: | ||||||
9 | "Department" means the Department of Public Health. | ||||||
10 | "Surgical smoke plume" means the by-product of the use of | ||||||
11 | energy-based devices on tissue during surgery and containing | ||||||
12 | hazardous materials, including, but not limited to, | ||||||
13 | bioaerosols bio-aeorsols , smoke, gases, tissue and cellular | ||||||
14 | fragments and particulates, and viruses. | ||||||
15 | "Surgical smoke plume evacuation system" means a dedicated | ||||||
16 | device that is designed to capture, transport, filter, and | ||||||
17 | neutralize surgical smoke plume at the site of origin and | ||||||
18 | before surgical smoke plume can make ocular contact, or | ||||||
19 | contact with the respiratory tract, of an employee. | ||||||
20 | (b) To protect patients and health care workers from the | ||||||
21 | hazards of surgical smoke plume, the University of Illinois | ||||||
22 | Hospital shall adopt policies to ensure the elimination of | ||||||
23 | surgical smoke plume by use of a surgical smoke plume | ||||||
24 | evacuation system for each procedure that generates surgical | ||||||
25 | smoke plume from the use of energy-based devices, including, |
| |||||||
| |||||||
1 | but not limited to, electrosurgery and lasers. | ||||||
2 | (c) The University of Illinois Hospital shall report to | ||||||
3 | the Department within 90 days after January 1, 2022 ( the | ||||||
4 | effective date of Public Act 102-533) this amendatory Act of | ||||||
5 | the 102nd General Assembly that policies under subsection (b) | ||||||
6 | of this Section have been adopted.
| ||||||
7 | (Source: P.A. 102-533, eff. 1-1-22; revised 11-9-21.)
| ||||||
8 | Section 340. The Southern Illinois University Management | ||||||
9 | Act is amended by changing Section 6.6 and by setting forth, | ||||||
10 | renumbering, and changing multiple
versions of Section 100 as | ||||||
11 | follows:
| ||||||
12 | (110 ILCS 520/6.6)
| ||||||
13 | Sec. 6.6. The Illinois Ethanol Research Advisory Board.
| ||||||
14 | (a) There is established the Illinois Ethanol
Research | ||||||
15 | Advisory Board (the "Advisory Board").
| ||||||
16 | (b) The Advisory Board shall be composed of 14 members | ||||||
17 | including: the
President of
Southern Illinois University who | ||||||
18 | shall be Chairman;
the Director of Commerce and Economic | ||||||
19 | Opportunity;
the Director of Agriculture; the President of the
| ||||||
20 | Illinois Corn Growers Association; the President of the | ||||||
21 | National Corn Growers
Association; the President of the | ||||||
22 | Renewable Fuels Association; the Dean of the
College of | ||||||
23 | Agricultural, Consumer, and Environmental Science,
University | ||||||
24 | of Illinois at
Champaign-Urbana; the Dean of the College of |
| |||||||
| |||||||
1 | Agricultural, Life, and Physical Sciences, Southern Illinois | ||||||
2 | University at Carbondale ; ,
and 6 at-large members appointed by | ||||||
3 | the Governor representing the ethanol
industry, growers, | ||||||
4 | suppliers, and universities.
| ||||||
5 | (c) The 6 at-large members shall serve a term of 4 years. | ||||||
6 | The Advisory
Board shall
meet at least annually or at the call | ||||||
7 | of the Chairman. At any time a majority
of the Advisory Board | ||||||
8 | may petition the Chairman for a meeting of the Board.
Seven
| ||||||
9 | members of the Advisory Board shall constitute a quorum.
| ||||||
10 | (d) The Advisory Board shall:
| ||||||
11 | (1) Review the annual operating plans and budget of | ||||||
12 | the National
Corn-to-Ethanol
Research Pilot Plant.
| ||||||
13 | (2) Advise on research and development priorities and | ||||||
14 | projects to be
carried out at the Corn-to-Ethanol Research | ||||||
15 | Pilot Plant.
| ||||||
16 | (3) Advise on policies and procedures regarding the | ||||||
17 | management and
operation of the ethanol research pilot | ||||||
18 | plant. This may include contracts,
project selection, and | ||||||
19 | personnel issues.
| ||||||
20 | (4) Develop bylaws.
| ||||||
21 | (5) Submit a final report to the Governor and General | ||||||
22 | Assembly outlining
the progress and accomplishments made | ||||||
23 | during the year along with a financial
report for the | ||||||
24 | year.
| ||||||
25 | (6) Establish and operate, subject to specific | ||||||
26 | appropriation for the purpose of providing facility |
| |||||||
| |||||||
1 | operating funds, the National Corn-to-Ethanol Research | ||||||
2 | Center at Southern Illinois University at Edwardsville as | ||||||
3 | a State Biorefining Center of Excellence with the | ||||||
4 | following purposes and goals: | ||||||
5 | (A) To utilize interdisciplinary, | ||||||
6 | interinstitutional, and industrial collaborations to | ||||||
7 | conduct research. | ||||||
8 | (B) To provide training and services to the | ||||||
9 | ethanol fuel industry to make projects and training to | ||||||
10 | advance the biofuels industry in the State more | ||||||
11 | affordable for the institutional and industrial | ||||||
12 | bodies, including, but not limited to, Illinois | ||||||
13 | farmer-owned ethanol cooperatives. | ||||||
14 | (C) To coordinate near-term industry research | ||||||
15 | needs and laboratory services by identifying needs and | ||||||
16 | pursuing federal and other funding sources. | ||||||
17 | (D) To develop and provide hands-on training to | ||||||
18 | prepare students for the biofuels workforce and train | ||||||
19 | workforce reentrants. | ||||||
20 | (E) To serve as an independent, third-party source | ||||||
21 | for review, testing, validation standardization, and | ||||||
22 | definition in areas of industry need. | ||||||
23 | (F) To provide seminars, tours, and informational | ||||||
24 | sessions advocating renewable energy. | ||||||
25 | (G) To provide consultation services and | ||||||
26 | information for those interested in renewable energy. |
| |||||||
| |||||||
1 | (H) To develop demonstration projects by pursuing | ||||||
2 | federal and other funding sources.
| ||||||
3 | (e) The Advisory Board established by this Section is a | ||||||
4 | continuation, as
changed by
the Section, of the Board | ||||||
5 | established under Section 8a of the Energy
Conservation and | ||||||
6 | Coal Development Act and repealed by Public Act 92-736 this | ||||||
7 | amendatory Act of the 92nd General Assembly .
| ||||||
8 | (Source: P.A. 102-370, eff. 8-13-21; revised 10-6-21.)
| ||||||
9 | (110 ILCS 520/100)
| ||||||
10 | Sec. 100. Modification of athletic or team uniform | ||||||
11 | permitted. | ||||||
12 | (a) The Board must allow a student athlete to modify his or | ||||||
13 | her athletic or team uniform due to the observance of modesty | ||||||
14 | in clothing or attire in accordance with the requirements of | ||||||
15 | his or her religion or his or her cultural values or modesty | ||||||
16 | preferences. The modification of the athletic or team uniform | ||||||
17 | may include, but is not limited to, the wearing of a hijab, an | ||||||
18 | undershirt, or leggings. If a student chooses to modify his or | ||||||
19 | her athletic or team uniform, the student is responsible for | ||||||
20 | all costs associated with the modification of the uniform and | ||||||
21 | the student shall not be required to receive prior approval | ||||||
22 | from the Board for such modification. However, nothing in this | ||||||
23 | Section prohibits the University from providing the | ||||||
24 | modification to the student. | ||||||
25 | (b) At a minimum, any modification of the athletic or team |
| |||||||
| |||||||
1 | uniform must not interfere with the movement of the student or | ||||||
2 | pose a safety hazard to the student or to other athletes or | ||||||
3 | players. The modification of headgear is permitted if the | ||||||
4 | headgear: | ||||||
5 | (1) is black, white, the predominant predominate color | ||||||
6 | of the uniform, or the same color for all players on the | ||||||
7 | team; | ||||||
8 | (2) does not cover any part of the face; | ||||||
9 | (3) is not dangerous to the player or to the other | ||||||
10 | players; | ||||||
11 | (4) has no opening or closing elements around the face | ||||||
12 | and neck; and | ||||||
13 | (5) has no parts extruding from its surface.
| ||||||
14 | (Source: P.A. 102-51, eff. 7-9-21; revised 10-21-21.)
| ||||||
15 | (110 ILCS 520/102)
| ||||||
16 | Sec. 102 100 . Academic major report. The Board shall | ||||||
17 | provide to each enrolled student, at the time the student | ||||||
18 | declares or changes his or her academic major or program of | ||||||
19 | study, a report that contains relevant, independent, and | ||||||
20 | accurate data related to the student's major or program of | ||||||
21 | study and to the current occupational outlook associated with | ||||||
22 | that major or program of study. The report shall provide the | ||||||
23 | student with all of the following information: | ||||||
24 | (1) The estimated cost of his or her education | ||||||
25 | associated with pursuing a degree in that major or program |
| |||||||
| |||||||
1 | of study. | ||||||
2 | (2) The average monthly student loan payment over a | ||||||
3 | period of 20 years based on the estimated cost of his or | ||||||
4 | her education under paragraph (1). | ||||||
5 | (3) The average job placement rate within 12 months | ||||||
6 | after graduation for a graduate who holds a degree in that | ||||||
7 | major or program of study. | ||||||
8 | (4) The average entry-level wage or salary for an | ||||||
9 | occupation related to that major or program of study. | ||||||
10 | (5) The average wage or salary 5 years after entry | ||||||
11 | into an occupation under paragraph (4).
| ||||||
12 | (Source: P.A. 102-214, eff. 1-1-22; revised 10-21-21.)
| ||||||
13 | (110 ILCS 520/110)
| ||||||
14 | Sec. 110 100 . Availability of menstrual hygiene products. | ||||||
15 | (a) In this Section, "menstrual hygiene products" means | ||||||
16 | tampons and sanitary napkins for use in connection with the | ||||||
17 | menstrual cycle. | ||||||
18 | (b) The Board shall make menstrual hygiene products | ||||||
19 | available, at no cost to students, in the bathrooms of | ||||||
20 | facilities or portions of facilities that (i) are owned or | ||||||
21 | leased by the Board or over which the Board has care, custody, | ||||||
22 | and control and (ii) are used for student instruction or | ||||||
23 | administrative purposes.
| ||||||
24 | (Source: P.A. 102-250, eff. 8-5-21; revised 10-21-21.)
|
| |||||||
| |||||||
1 | (110 ILCS 520/115)
| ||||||
2 | Sec. 115 100 . Adjunct professor; status of class. | ||||||
3 | (a) At least 30 days before the beginning of a term and | ||||||
4 | again at 14 days before the beginning of the term, the Board | ||||||
5 | must notify an adjunct professor about the status of | ||||||
6 | enrollment of the class the adjunct professor was hired to | ||||||
7 | teach. | ||||||
8 | (b) This Section does not apply if the Governor has | ||||||
9 | declared a disaster due to a public health emergency or a | ||||||
10 | natural disaster pursuant to Section 7 of the Illinois | ||||||
11 | Emergency Management Agency Act. | ||||||
12 | (c) Collective bargaining agreements that are in effect on | ||||||
13 | January 1, 2022 ( the effective date of Public Act 102-260) | ||||||
14 | this amendatory Act of the 102nd General Assembly are exempt | ||||||
15 | from the requirements of this Section.
| ||||||
16 | (Source: P.A. 102-260, eff. 1-1-22; revised 10-21-21.)
| ||||||
17 | (110 ILCS 520/120)
| ||||||
18 | Sec. 120 100 . Family and medical leave coverage. A | ||||||
19 | University employee who has been employed by the University | ||||||
20 | for at least 12 months and who has worked at least 1,000 hours | ||||||
21 | in the previous 12-month period shall be eligible for family | ||||||
22 | and medical leave under the same terms and conditions as leave | ||||||
23 | provided to eligible employees under the federal Family and | ||||||
24 | Medical Leave Act of 1993.
| ||||||
25 | (Source: P.A. 102-335, eff. 1-1-22; revised 10-21-21.)
|
| |||||||
| |||||||
1 | (110 ILCS 520/125)
| ||||||
2 | Sec. 125 100 . Undocumented Student Liaison; Undocumented | ||||||
3 | Student Resource Center. | ||||||
4 | (a) Beginning with the 2022-2023 academic year, the Board | ||||||
5 | shall designate an employee as an Undocumented Student | ||||||
6 | Resource Liaison to be available on campus to provide | ||||||
7 | assistance to undocumented students and mixed status students | ||||||
8 | within the United States in streamlining access to financial | ||||||
9 | aid and academic support to successfully matriculate to degree | ||||||
10 | completion. The Undocumented Student Liaison shall provide | ||||||
11 | assistance to vocational students, undergraduate students,
| ||||||
12 | graduate students, and professional-track students. An | ||||||
13 | employee who is designated as an Undocumented Student Liaison | ||||||
14 | must be knowledgeable about current legislation and policy | ||||||
15 | changes through professional development with the Illinois | ||||||
16 | Dream Fund Commission to provide the wrap-around services to | ||||||
17 | such students. The Illinois Dream Fund Commission shall | ||||||
18 | conduct professional development under this Section. The | ||||||
19 | Illinois Dream Fund Commission's task force on immigration | ||||||
20 | issues and the Undocumented Student Liaison shall ensure that | ||||||
21 | undocumented immigrants and students from mixed status | ||||||
22 | households receive equitable and inclusive access to the | ||||||
23 | University's retention and matriculation programs. | ||||||
24 | The Board shall ensure that an Undocumented Student | ||||||
25 | Liaison is available at each campus of the University. The |
| |||||||
| |||||||
1 | Undocumented Student Liaison must be placed in a location that | ||||||
2 | provides direct access for students in collaboration with the | ||||||
3 | retention and matriculation programs of the University. The | ||||||
4 | Undocumented Student Liaison shall report directly to senior | ||||||
5 | leadership and shall assist leadership with the review of | ||||||
6 | policies and procedures that directly affect undocumented and | ||||||
7 | mixed status students. | ||||||
8 | An Undocumented Student Liaison may work on outreach | ||||||
9 | efforts to provide access to resources and support within the | ||||||
10 | grade P-20 education pipeline by supporting summer enrichment | ||||||
11 | programs and pipeline options for students in any of grades 9 | ||||||
12 | through 12. | ||||||
13 | (b) The Board is encouraged to establish an Undocumented | ||||||
14 | Student Resource Center on each of its campuses. An A | ||||||
15 | Undocumented Student Resource Center may offer support | ||||||
16 | services, including, but not limited to, State and private | ||||||
17 | financial assistance, academic and career counseling, and | ||||||
18 | retention and matriculation support services, as well as | ||||||
19 | mental health counseling options because the changing | ||||||
20 | immigration climate impacts a student's overall well-being and | ||||||
21 | success. | ||||||
22 | An Undocumented Student Resource Center may be housed
| ||||||
23 | within an existing student service center or academic center, | ||||||
24 | and the new construction of an Undocumented Student Resource | ||||||
25 | Center is not required under this Section. | ||||||
26 | The Board may seek and accept any financial support |
| |||||||
| |||||||
1 | through institutional advancement, private gifts, or donations | ||||||
2 | to aid in the creation and operation of and the services | ||||||
3 | provided by an Undocumented Student Resource Center.
| ||||||
4 | (Source: P.A. 102-475, eff. 8-20-21; revised 10-21-21.)
| ||||||
5 | (110 ILCS 520/130)
| ||||||
6 | Sec. 130 100 . Personal support worker's attendance in | ||||||
7 | class permitted. If a student of the University has a personal | ||||||
8 | support worker through the Home-Based Support
Services Program | ||||||
9 | for Adults with Mental Disabilities under the
Developmental | ||||||
10 | Disability and Mental Disability Services Act, the Board must | ||||||
11 | permit the personal support worker to attend class with the | ||||||
12 | student but is not responsible for providing or paying for the | ||||||
13 | personal support worker. If the personal support worker's | ||||||
14 | attendance in class is solely to provide personal support | ||||||
15 | services to the student, the Board may not charge the personal | ||||||
16 | support worker tuition and fees for such attendance.
| ||||||
17 | (Source: P.A. 102-568, eff. 8-23-21; revised 10-21-21.)
| ||||||
18 | Section 345. The Chicago State University Law is amended | ||||||
19 | by setting forth, renumbering, and changing multiple
versions | ||||||
20 | of Section 5-210 as follows:
| ||||||
21 | (110 ILCS 660/5-210)
| ||||||
22 | Sec. 5-210. Modification of athletic or team uniform | ||||||
23 | permitted. |
| |||||||
| |||||||
1 | (a) The Board must allow a student athlete to modify his or | ||||||
2 | her athletic or team uniform due to the observance of modesty | ||||||
3 | in clothing or attire in accordance with the requirements of | ||||||
4 | his or her religion or his or her cultural values or modesty | ||||||
5 | preferences. The modification of the athletic or team uniform | ||||||
6 | may include, but is not limited to, the wearing of a hijab, an | ||||||
7 | undershirt, or leggings. If a student chooses to modify his or | ||||||
8 | her athletic or team uniform, the student is responsible for | ||||||
9 | all costs associated with the modification of the uniform and | ||||||
10 | the student shall not be required to receive prior approval | ||||||
11 | from the Board for such modification. However, nothing in this | ||||||
12 | Section prohibits the University from providing the | ||||||
13 | modification to the student. | ||||||
14 | (b) At a minimum, any modification of the athletic or team | ||||||
15 | uniform must not interfere with the movement of the student or | ||||||
16 | pose a safety hazard to the student or to other athletes or | ||||||
17 | players. The modification of headgear is permitted if the | ||||||
18 | headgear: | ||||||
19 | (1) is black, white, the predominant predominate color | ||||||
20 | of the uniform, or the same color for all players on the | ||||||
21 | team; | ||||||
22 | (2) does not cover any part of the face; | ||||||
23 | (3) is not dangerous to the player or to the other | ||||||
24 | players; | ||||||
25 | (4) has no opening or closing elements around the face | ||||||
26 | and neck; and |
| |||||||
| |||||||
1 | (5) has no parts extruding from its surface.
| ||||||
2 | (Source: P.A. 102-51, eff. 7-9-21; revised 10-26-21.)
| ||||||
3 | (110 ILCS 660/5-212)
| ||||||
4 | Sec. 5-212 5-210 . Academic major report. The Board shall | ||||||
5 | provide to each enrolled student, at the time the student | ||||||
6 | declares or changes his or her academic major or program of | ||||||
7 | study, a report that contains relevant, independent, and | ||||||
8 | accurate data related to the student's major or program of | ||||||
9 | study and to the current occupational outlook associated with | ||||||
10 | that major or program of study. The report shall provide the | ||||||
11 | student with all of the following information: | ||||||
12 | (1) The estimated cost of his or her education | ||||||
13 | associated with pursuing a degree in that major or program | ||||||
14 | of study. | ||||||
15 | (2) The average monthly student loan payment over a | ||||||
16 | period of 20 years based on the estimated cost of his or | ||||||
17 | her education under paragraph (1). | ||||||
18 | (3) The average job placement rate within 12 months | ||||||
19 | after graduation for a graduate who holds a degree in that | ||||||
20 | major or program of study. | ||||||
21 | (4) The average entry-level wage or salary for an | ||||||
22 | occupation related to that major or program of study. | ||||||
23 | (5) The average wage or salary 5 years after entry | ||||||
24 | into an occupation under paragraph (4).
| ||||||
25 | (Source: P.A. 102-214, eff. 1-1-22; revised 10-26-21.)
|
| |||||||
| |||||||
1 | (110 ILCS 660/5-220)
| ||||||
2 | Sec. 5-220 5-210 . Availability of menstrual hygiene | ||||||
3 | products. | ||||||
4 | (a) In this Section, "menstrual hygiene products" means | ||||||
5 | tampons and sanitary napkins for use in connection with the | ||||||
6 | menstrual cycle. | ||||||
7 | (b) The Board shall make menstrual hygiene products | ||||||
8 | available, at no cost to students, in the bathrooms of | ||||||
9 | facilities or portions of facilities that (i) are owned or | ||||||
10 | leased by the Board or over which the Board has care, custody, | ||||||
11 | and control and (ii) are used for student instruction or | ||||||
12 | administrative purposes.
| ||||||
13 | (Source: P.A. 102-250, eff. 8-5-21; revised 10-26-21.)
| ||||||
14 | (110 ILCS 660/5-225)
| ||||||
15 | Sec. 5-225 5-210 . Adjunct professor; status of class. | ||||||
16 | (a) At least 30 days before the beginning of a term and | ||||||
17 | again at 14 days before the beginning of the term, the Board | ||||||
18 | must notify an adjunct professor about the status of | ||||||
19 | enrollment of the class the adjunct professor was hired to | ||||||
20 | teach. | ||||||
21 | (b) This Section does not apply if the Governor has | ||||||
22 | declared a disaster due to a public health emergency or a | ||||||
23 | natural disaster pursuant to Section 7 of the Illinois | ||||||
24 | Emergency Management Agency Act. |
| |||||||
| |||||||
1 | (c) Collective bargaining agreements that are in effect on | ||||||
2 | January 1, 2022 ( the effective date of Public Act 102-260) | ||||||
3 | this amendatory Act of the 102nd General Assembly are exempt | ||||||
4 | from the requirements of this Section.
| ||||||
5 | (Source: P.A. 102-260, eff. 1-1-22; revised 10-26-21.)
| ||||||
6 | (110 ILCS 660/5-230)
| ||||||
7 | Sec. 5-230 5-210 . Family and medical leave coverage. A | ||||||
8 | University employee who has been employed by the University | ||||||
9 | for at least 12 months and who has worked at least 1,000 hours | ||||||
10 | in the previous 12-month period shall be eligible for family | ||||||
11 | and medical leave under the same terms and conditions as leave | ||||||
12 | provided to eligible employees under the federal Family and | ||||||
13 | Medical Leave Act of 1993.
| ||||||
14 | (Source: P.A. 102-335, eff. 1-1-22; revised 10-26-21.)
| ||||||
15 | (110 ILCS 660/5-235)
| ||||||
16 | Sec. 5-235 5-210 . Undocumented Student Liaison; | ||||||
17 | Undocumented Student Resource Center. | ||||||
18 | (a) Beginning with the 2022-2023 academic year, the Board | ||||||
19 | shall designate an employee as an Undocumented Student | ||||||
20 | Resource Liaison to be available on campus to provide | ||||||
21 | assistance to undocumented students and mixed status students | ||||||
22 | within the United States in streamlining access to financial | ||||||
23 | aid and academic support to successfully matriculate to degree | ||||||
24 | completion. The Undocumented Student Liaison shall provide |
| |||||||
| |||||||
1 | assistance to vocational students, undergraduate students,
| ||||||
2 | graduate students, and professional-track students. An | ||||||
3 | employee who is designated as an Undocumented Student Liaison | ||||||
4 | must be knowledgeable about current legislation and policy | ||||||
5 | changes through professional development with the Illinois | ||||||
6 | Dream Fund Commission to provide the wrap-around services to | ||||||
7 | such students. The Illinois Dream Fund Commission shall | ||||||
8 | conduct professional development under this Section. The | ||||||
9 | Illinois Dream Fund Commission's task force on immigration | ||||||
10 | issues and the Undocumented Student Liaison shall ensure that | ||||||
11 | undocumented immigrants and students from mixed status | ||||||
12 | households receive equitable and inclusive access to the | ||||||
13 | University's retention and matriculation programs. | ||||||
14 | The Board shall ensure that an Undocumented Student | ||||||
15 | Liaison is available at each campus of the University. The | ||||||
16 | Undocumented Student Liaison must be placed in a location that | ||||||
17 | provides direct access for students in collaboration with the | ||||||
18 | retention and matriculation programs of the University. The | ||||||
19 | Undocumented Student Liaison shall report directly to senior | ||||||
20 | leadership and shall assist leadership with the review of | ||||||
21 | policies and procedures that directly affect undocumented and | ||||||
22 | mixed status students. | ||||||
23 | An Undocumented Student Liaison may work on outreach | ||||||
24 | efforts to provide access to resources and support within the | ||||||
25 | grade P-20 education pipeline by supporting summer enrichment | ||||||
26 | programs and pipeline options for students in any of grades 9 |
| |||||||
| |||||||
1 | through 12. | ||||||
2 | (b) The Board is encouraged to establish an Undocumented | ||||||
3 | Student Resource Center on each of its campuses. An A | ||||||
4 | Undocumented Student Resource Center may offer support | ||||||
5 | services, including, but not limited to, State and private | ||||||
6 | financial assistance, academic and career counseling, and | ||||||
7 | retention and matriculation support services, as well as | ||||||
8 | mental health counseling options because the changing | ||||||
9 | immigration climate impacts a student's overall well-being and | ||||||
10 | success. | ||||||
11 | An Undocumented Student Resource Center may be housed
| ||||||
12 | within an existing student service center or academic center, | ||||||
13 | and the new construction of an Undocumented Student Resource | ||||||
14 | Center is not required under this Section. | ||||||
15 | The Board may seek and accept any financial support | ||||||
16 | through institutional advancement, private gifts, or donations | ||||||
17 | to aid in the creation and operation of and the services | ||||||
18 | provided by an Undocumented Student Resource Center.
| ||||||
19 | (Source: P.A. 102-475, eff. 8-20-21; revised 10-26-21.)
| ||||||
20 | (110 ILCS 660/5-240)
| ||||||
21 | Sec. 5-240 5-210 . Personal support worker's attendance in | ||||||
22 | class permitted. If a student of the University has a personal | ||||||
23 | support worker through the Home-Based Support
Services Program | ||||||
24 | for Adults with Mental Disabilities under the
Developmental | ||||||
25 | Disability and Mental Disability Services Act, the Board must |
| |||||||
| |||||||
1 | permit the personal support worker to attend class with the | ||||||
2 | student but is not responsible for providing or paying for the | ||||||
3 | personal support worker. If the personal support worker's | ||||||
4 | attendance in class is solely to provide personal support | ||||||
5 | services to the student, the Board may not charge the personal | ||||||
6 | support worker tuition and fees for such attendance.
| ||||||
7 | (Source: P.A. 102-568, eff. 8-23-21; revised 10-26-21.)
| ||||||
8 | Section 350. The Eastern Illinois University Law is | ||||||
9 | amended by setting forth, renumbering, and changing multiple
| ||||||
10 | versions of Section 10-210 as follows:
| ||||||
11 | (110 ILCS 665/10-210)
| ||||||
12 | Sec. 10-210. Modification of athletic or team uniform | ||||||
13 | permitted. | ||||||
14 | (a) The Board must allow a student athlete to modify his or | ||||||
15 | her athletic or team uniform due to the observance of modesty | ||||||
16 | in clothing or attire in accordance with the requirements of | ||||||
17 | his or her religion or his or her cultural values or modesty | ||||||
18 | preferences. The modification of the athletic or team uniform | ||||||
19 | may include, but is not limited to, the wearing of a hijab, an | ||||||
20 | undershirt, or leggings. If a student chooses to modify his or | ||||||
21 | her athletic or team uniform, the student is responsible for | ||||||
22 | all costs associated with the modification of the uniform and | ||||||
23 | the student shall not be required to receive prior approval | ||||||
24 | from the Board for such modification. However, nothing in this |
| |||||||
| |||||||
1 | Section prohibits the University from providing the | ||||||
2 | modification to the student. | ||||||
3 | (b) At a minimum, any modification of the athletic or team | ||||||
4 | uniform must not interfere with the movement of the student or | ||||||
5 | pose a safety hazard to the student or to other athletes or | ||||||
6 | players. The modification of headgear is permitted if the | ||||||
7 | headgear: | ||||||
8 | (1) is black, white, the predominant predominate color | ||||||
9 | of the uniform, or the same color for all players on the | ||||||
10 | team; | ||||||
11 | (2) does not cover any part of the face; | ||||||
12 | (3) is not dangerous to the player or to the other | ||||||
13 | players; | ||||||
14 | (4) has no opening or closing elements around the face | ||||||
15 | and neck; and | ||||||
16 | (5) has no parts extruding from its surface.
| ||||||
17 | (Source: P.A. 102-51, eff. 7-9-21; revised 10-27-21.)
| ||||||
18 | (110 ILCS 665/10-212) | ||||||
19 | Sec. 10-212 10-210 . Academic major report. The Board shall | ||||||
20 | provide to each enrolled student, at the time the student | ||||||
21 | declares or changes his or her academic major or program of | ||||||
22 | study, a report that contains relevant, independent, and | ||||||
23 | accurate data related to the student's major or program of | ||||||
24 | study and to the current occupational outlook associated with | ||||||
25 | that major or program of study. The report shall provide the |
| |||||||
| |||||||
1 | student with all of the following information: | ||||||
2 | (1) The estimated cost of his or her education | ||||||
3 | associated with pursuing a degree in that major or program | ||||||
4 | of study. | ||||||
5 | (2) The average monthly student loan payment over a | ||||||
6 | period of 20 years based on the estimated cost of his or | ||||||
7 | her education under paragraph (1). | ||||||
8 | (3) The average job placement rate within 12 months | ||||||
9 | after graduation for a graduate who holds a degree in that | ||||||
10 | major or program of study. | ||||||
11 | (4) The average entry-level wage or salary for an | ||||||
12 | occupation related to that major or program of study. | ||||||
13 | (5) The average wage or salary 5 years after entry | ||||||
14 | into an occupation under paragraph (4).
| ||||||
15 | (Source: P.A. 102-214, eff. 1-1-22; revised 11-16-21.)
| ||||||
16 | (110 ILCS 665/10-220)
| ||||||
17 | Sec. 10-220 10-210 . Availability of menstrual hygiene | ||||||
18 | products. | ||||||
19 | (a) In this Section, "menstrual hygiene products" means | ||||||
20 | tampons and sanitary napkins for use in connection with the | ||||||
21 | menstrual cycle. | ||||||
22 | (b) The Board shall make menstrual hygiene products | ||||||
23 | available, at no cost to students, in the bathrooms of | ||||||
24 | facilities or portions of facilities that (i) are owned or | ||||||
25 | leased by the Board or over which the Board has care, custody, |
| |||||||
| |||||||
1 | and control and (ii) are used for student instruction or | ||||||
2 | administrative purposes.
| ||||||
3 | (Source: P.A. 102-250, eff. 8-5-21; revised 10-27-21.)
| ||||||
4 | (110 ILCS 665/10-225)
| ||||||
5 | Sec. 10-225 10-210 . Adjunct professor; status of class. | ||||||
6 | (a) At least 30 days before the beginning of a term and | ||||||
7 | again at 14 days before the beginning of the term, the Board | ||||||
8 | must notify an adjunct professor about the status of | ||||||
9 | enrollment of the class the adjunct professor was hired to | ||||||
10 | teach. | ||||||
11 | (b) This Section does not apply if the Governor has | ||||||
12 | declared a disaster due to a public health emergency or a | ||||||
13 | natural disaster pursuant to Section 7 of the Illinois | ||||||
14 | Emergency Management Agency Act. | ||||||
15 | (c) Collective bargaining agreements that are in effect on | ||||||
16 | January 1, 2022 ( the effective date of Public Act 102-260) | ||||||
17 | this amendatory Act of the 102nd General Assembly are exempt | ||||||
18 | from the requirements of this Section.
| ||||||
19 | (Source: P.A. 102-260, eff. 1-1-22; revised 10-27-21.)
| ||||||
20 | (110 ILCS 665/10-230)
| ||||||
21 | Sec. 10-230 10-210 . Family and medical leave coverage. A | ||||||
22 | University employee who has been employed by the University | ||||||
23 | for at least 12 months and who has worked at least 1,000 hours | ||||||
24 | in the previous 12-month period shall be eligible for family |
| |||||||
| |||||||
1 | and medical leave under the same terms and conditions as leave | ||||||
2 | provided to eligible employees under the federal Family and | ||||||
3 | Medical Leave Act of 1993.
| ||||||
4 | (Source: P.A. 102-335, eff. 1-1-22; revised 10-27-21.)
| ||||||
5 | (110 ILCS 665/10-235)
| ||||||
6 | Sec. 10-235 10-210 . Undocumented Student Liaison; | ||||||
7 | Undocumented Student Resource Center. | ||||||
8 | (a) Beginning with the 2022-2023 academic year, the Board | ||||||
9 | shall designate an employee as an Undocumented Student | ||||||
10 | Resource Liaison to be available on campus to provide | ||||||
11 | assistance to undocumented students and mixed status students | ||||||
12 | within the United States in streamlining access to financial | ||||||
13 | aid and academic support to successfully matriculate to degree | ||||||
14 | completion. The Undocumented Student Liaison shall provide | ||||||
15 | assistance to vocational students, undergraduate students,
| ||||||
16 | graduate students, and professional-track students. An | ||||||
17 | employee who is designated as an Undocumented Student Liaison | ||||||
18 | must be knowledgeable about current legislation and policy | ||||||
19 | changes through professional development with the Illinois | ||||||
20 | Dream Fund Commission to provide the wrap-around services to | ||||||
21 | such students. The Illinois Dream Fund Commission shall | ||||||
22 | conduct professional development under this Section. The | ||||||
23 | Illinois Dream Fund Commission's task force on immigration | ||||||
24 | issues and the Undocumented Student Liaison shall ensure that | ||||||
25 | undocumented immigrants and students from mixed status |
| |||||||
| |||||||
1 | households receive equitable and inclusive access to the | ||||||
2 | University's retention and matriculation programs. | ||||||
3 | The Board shall ensure that an Undocumented Student | ||||||
4 | Liaison is available at each campus of the University. The | ||||||
5 | Undocumented Student Liaison must be placed in a location that | ||||||
6 | provides direct access for students in collaboration with the | ||||||
7 | retention and matriculation programs of the University. The | ||||||
8 | Undocumented Student Liaison shall report directly to senior | ||||||
9 | leadership and shall assist leadership with the review of | ||||||
10 | policies and procedures that directly affect undocumented and | ||||||
11 | mixed status students. | ||||||
12 | An Undocumented Student Liaison may work on outreach | ||||||
13 | efforts to provide access to resources and support within the | ||||||
14 | grade P-20 education pipeline by supporting summer enrichment | ||||||
15 | programs and pipeline options for students in any of grades 9 | ||||||
16 | through 12. | ||||||
17 | (b) The Board is encouraged to establish an Undocumented | ||||||
18 | Student Resource Center on each of its campuses. An A | ||||||
19 | Undocumented Student Resource Center may offer support | ||||||
20 | services, including, but not limited to, State and private | ||||||
21 | financial assistance, academic and career counseling, and | ||||||
22 | retention and matriculation support services, as well as | ||||||
23 | mental health counseling options because the changing | ||||||
24 | immigration climate impacts a student's overall well-being and | ||||||
25 | success. | ||||||
26 | An Undocumented Student Resource Center may be housed
|
| |||||||
| |||||||
1 | within an existing student service center or academic center, | ||||||
2 | and the new construction of an Undocumented Student Resource | ||||||
3 | Center is not required under this Section. | ||||||
4 | The Board may seek and accept any financial support | ||||||
5 | through institutional advancement, private gifts, or donations | ||||||
6 | to aid in the creation and operation of and the services | ||||||
7 | provided by an Undocumented Student Resource Center.
| ||||||
8 | (Source: P.A. 102-475, eff. 8-20-21; revised 10-27-21.)
| ||||||
9 | (110 ILCS 665/10-240)
| ||||||
10 | Sec. 10-240 10-210 . Personal support worker's attendance | ||||||
11 | in class permitted. If a student of the University has a | ||||||
12 | personal support worker through the Home-Based Support
| ||||||
13 | Services Program for Adults with Mental Disabilities under the
| ||||||
14 | Developmental Disability and Mental Disability Services Act, | ||||||
15 | the Board must permit the personal support worker to attend | ||||||
16 | class with the student but is not responsible for providing or | ||||||
17 | paying for the personal support worker. If the personal | ||||||
18 | support worker's attendance in class is solely to provide | ||||||
19 | personal support services to the student, the Board may not | ||||||
20 | charge the personal support worker tuition and fees for such | ||||||
21 | attendance.
| ||||||
22 | (Source: P.A. 102-568, eff. 8-23-21; revised 10-27-21.)
| ||||||
23 | Section 355. The Governors State University Law is amended | ||||||
24 | by setting forth, renumbering, and changing multiple
versions |
| |||||||
| |||||||
1 | of Section 15-210 as follows:
| ||||||
2 | (110 ILCS 670/15-210)
| ||||||
3 | Sec. 15-210. Modification of athletic or team uniform | ||||||
4 | permitted. | ||||||
5 | (a) The Board must allow a student athlete to modify his or | ||||||
6 | her athletic or team uniform due to the observance of modesty | ||||||
7 | in clothing or attire in accordance with the requirements of | ||||||
8 | his or her religion or his or her cultural values or modesty | ||||||
9 | preferences. The modification of the athletic or team uniform | ||||||
10 | may include, but is not limited to, the wearing of a hijab, an | ||||||
11 | undershirt, or leggings. If a student chooses to modify his or | ||||||
12 | her athletic or team uniform, the student is responsible for | ||||||
13 | all costs associated with the modification of the uniform and | ||||||
14 | the student shall not be required to receive prior approval | ||||||
15 | from the Board for such modification. However, nothing in this | ||||||
16 | Section prohibits the University from providing the | ||||||
17 | modification to the student. | ||||||
18 | (b) At a minimum, any modification of the athletic or team | ||||||
19 | uniform must not interfere with the movement of the student or | ||||||
20 | pose a safety hazard to the student or to other athletes or | ||||||
21 | players. The modification of headgear is permitted if the | ||||||
22 | headgear: | ||||||
23 | (1) is black, white, the predominant predominate color | ||||||
24 | of the uniform, or the same color for all players on the | ||||||
25 | team; |
| |||||||
| |||||||
1 | (2) does not cover any part of the face; | ||||||
2 | (3) is not dangerous to the player or to the other | ||||||
3 | players; | ||||||
4 | (4) has no opening or closing elements around the face | ||||||
5 | and neck; and | ||||||
6 | (5) has no parts extruding from its surface.
| ||||||
7 | (Source: P.A. 102-51, eff. 7-9-21; revised 10-29-21.)
| ||||||
8 | (110 ILCS 670/15-212)
| ||||||
9 | Sec. 15-212 15-210 . Academic major report. The Board shall | ||||||
10 | provide to each enrolled student, at the time the student | ||||||
11 | declares or changes his or her academic major or program of | ||||||
12 | study, a report that contains relevant, independent, and | ||||||
13 | accurate data related to the student's major or program of | ||||||
14 | study and to the current occupational outlook associated with | ||||||
15 | that major or program of study. The report shall provide the | ||||||
16 | student with all of the following information: | ||||||
17 | (1) The estimated cost of his or her education | ||||||
18 | associated with pursuing a degree in that major or program | ||||||
19 | of study. | ||||||
20 | (2) The average monthly student loan payment over a | ||||||
21 | period of 20 years based on the estimated cost of his or | ||||||
22 | her education under paragraph (1). | ||||||
23 | (3) The average job placement rate within 12 months | ||||||
24 | after graduation for a graduate who holds a degree in that | ||||||
25 | major or program of study. |
| |||||||
| |||||||
1 | (4) The average entry-level wage or salary for an | ||||||
2 | occupation related to that major or program of study. | ||||||
3 | (5) The average wage or salary 5 years after entry | ||||||
4 | into an occupation under paragraph (4).
| ||||||
5 | (Source: P.A. 102-214, eff. 1-1-22; revised 10-29-21.)
| ||||||
6 | (110 ILCS 670/15-220)
| ||||||
7 | Sec. 15-220 15-210 . Availability of menstrual hygiene | ||||||
8 | products. | ||||||
9 | (a) In this Section, "menstrual hygiene products" means | ||||||
10 | tampons and sanitary napkins for use in connection with the | ||||||
11 | menstrual cycle. | ||||||
12 | (b) The Board shall make menstrual hygiene products | ||||||
13 | available, at no cost to students, in the bathrooms of | ||||||
14 | facilities or portions of facilities that (i) are owned or | ||||||
15 | leased by the Board or over which the Board has care, custody, | ||||||
16 | and control and (ii) are used for student instruction or | ||||||
17 | administrative purposes.
| ||||||
18 | (Source: P.A. 102-250, eff. 8-5-21; revised 10-29-21.)
| ||||||
19 | (110 ILCS 670/15-225)
| ||||||
20 | Sec. 15-225 15-210 . Adjunct professor; status of class. | ||||||
21 | (a) At least 30 days before the beginning of a term and | ||||||
22 | again at 14 days before the beginning of the term, the Board | ||||||
23 | must notify an adjunct professor about the status of | ||||||
24 | enrollment of the class the adjunct professor was hired to |
| |||||||
| |||||||
1 | teach. | ||||||
2 | (b) This Section does not apply if the Governor has | ||||||
3 | declared a disaster due to a public health emergency or a | ||||||
4 | natural disaster pursuant to Section 7 of the Illinois | ||||||
5 | Emergency Management Agency Act. | ||||||
6 | (c) Collective bargaining agreements that are in effect on | ||||||
7 | January 1, 2022 ( the effective date of Public Act 102-260) | ||||||
8 | this amendatory Act of the 102nd General Assembly are exempt | ||||||
9 | from the requirements of this Section.
| ||||||
10 | (Source: P.A. 102-260, eff. 1-1-22; revised 10-29-21.)
| ||||||
11 | (110 ILCS 670/15-230)
| ||||||
12 | Sec. 15-230 15-210 . Family and medical leave coverage. A | ||||||
13 | University employee who has been employed by the University | ||||||
14 | for at least 12 months and who has worked at least 1,000 hours | ||||||
15 | in the previous 12-month period shall be eligible for family | ||||||
16 | and medical leave under the same terms and conditions as leave | ||||||
17 | provided to eligible employees under the federal Family and | ||||||
18 | Medical Leave Act of 1993.
| ||||||
19 | (Source: P.A. 102-335, eff. 1-1-22; revised 10-29-21.)
| ||||||
20 | (110 ILCS 670/15-235)
| ||||||
21 | Sec. 15-235 15-210 . Undocumented Student Liaison; | ||||||
22 | Undocumented Student Resource Center. | ||||||
23 | (a) Beginning with the 2022-2023 academic year, the Board | ||||||
24 | shall designate an employee as an Undocumented Student |
| |||||||
| |||||||
1 | Resource Liaison to be available on campus to provide | ||||||
2 | assistance to undocumented students and mixed status students | ||||||
3 | within the United States in streamlining access to financial | ||||||
4 | aid and academic support to successfully matriculate to degree | ||||||
5 | completion. The Undocumented Student Liaison shall provide | ||||||
6 | assistance to vocational students, undergraduate students,
| ||||||
7 | graduate students, and professional-track students. An | ||||||
8 | employee who is designated as an Undocumented Student Liaison | ||||||
9 | must be knowledgeable about current legislation and policy | ||||||
10 | changes through professional development with the Illinois | ||||||
11 | Dream Fund Commission to provide the wrap-around services to | ||||||
12 | such students. The Illinois Dream Fund Commission shall | ||||||
13 | conduct professional development under this Section. The | ||||||
14 | Illinois Dream Fund Commission's task force on immigration | ||||||
15 | issues and the Undocumented Student Liaison shall ensure that | ||||||
16 | undocumented immigrants and students from mixed status | ||||||
17 | households receive equitable and inclusive access to the | ||||||
18 | University's retention and matriculation programs. | ||||||
19 | The Board shall ensure that an Undocumented Student | ||||||
20 | Liaison is available at each campus of the University. The | ||||||
21 | Undocumented Student Liaison must be placed in a location that | ||||||
22 | provides direct access for students in collaboration with the | ||||||
23 | retention and matriculation programs of the University. The | ||||||
24 | Undocumented Student Liaison shall report directly to senior | ||||||
25 | leadership and shall assist leadership with the review of | ||||||
26 | policies and procedures that directly affect undocumented and |
| |||||||
| |||||||
1 | mixed status students. | ||||||
2 | An Undocumented Student Liaison may work on outreach | ||||||
3 | efforts to provide access to resources and support within the | ||||||
4 | grade P-20 education pipeline by supporting summer enrichment | ||||||
5 | programs and pipeline options for students in any of grades 9 | ||||||
6 | through 12. | ||||||
7 | (b) The Board is encouraged to establish an Undocumented | ||||||
8 | Student Resource Center on each of its campuses. An A | ||||||
9 | Undocumented Student Resource Center may offer support | ||||||
10 | services, including, but not limited to, State and private | ||||||
11 | financial assistance, academic and career counseling, and | ||||||
12 | retention and matriculation support services, as well as | ||||||
13 | mental health counseling options because the changing | ||||||
14 | immigration climate impacts a student's overall well-being and | ||||||
15 | success. | ||||||
16 | An Undocumented Student Resource Center may be housed
| ||||||
17 | within an existing student service center or academic center, | ||||||
18 | and the new construction of an Undocumented Student Resource | ||||||
19 | Center is not required under this Section. | ||||||
20 | The Board may seek and accept any financial support | ||||||
21 | through institutional advancement, private gifts, or donations | ||||||
22 | to aid in the creation and operation of and the services | ||||||
23 | provided by an Undocumented Student Resource Center.
| ||||||
24 | (Source: P.A. 102-475, eff. 8-20-21; revised 10-29-21.)
| ||||||
25 | (110 ILCS 670/15-240)
|
| |||||||
| |||||||
1 | Sec. 15-240 15-210 . Personal support worker's attendance | ||||||
2 | in class permitted. If a student of the University has a | ||||||
3 | personal support worker through the Home-Based Support
| ||||||
4 | Services Program for Adults with Mental Disabilities under the
| ||||||
5 | Developmental Disability and Mental Disability Services Act, | ||||||
6 | the Board must permit the personal support worker to attend | ||||||
7 | class with the student but is not responsible for providing or | ||||||
8 | paying for the personal support worker. If the personal | ||||||
9 | support worker's attendance in class is solely to provide | ||||||
10 | personal support services to the student, the Board may not | ||||||
11 | charge the personal support worker tuition and fees for such | ||||||
12 | attendance.
| ||||||
13 | (Source: P.A. 102-568, eff. 8-23-21; revised 10-29-21.)
| ||||||
14 | Section 360. The Illinois State University Law is amended | ||||||
15 | by setting forth, renumbering, and changing multiple
versions | ||||||
16 | of Section 20-215 as follows:
| ||||||
17 | (110 ILCS 675/20-215)
| ||||||
18 | Sec. 20-215. Modification of athletic or team uniform | ||||||
19 | permitted. | ||||||
20 | (a) The Board must allow a student athlete to modify his or | ||||||
21 | her athletic or team uniform due to the observance of modesty | ||||||
22 | in clothing or attire in accordance with the requirements of | ||||||
23 | his or her religion or his or her cultural values or modesty | ||||||
24 | preferences. The modification of the athletic or team uniform |
| |||||||
| |||||||
1 | may include, but is not limited to, the wearing of a hijab, an | ||||||
2 | undershirt, or leggings. If a student chooses to modify his or | ||||||
3 | her athletic or team uniform, the student is responsible for | ||||||
4 | all costs associated with the modification of the uniform and | ||||||
5 | the student shall not be required to receive prior approval | ||||||
6 | from the Board for such modification. However, nothing in this | ||||||
7 | Section prohibits the University from providing the | ||||||
8 | modification to the student. | ||||||
9 | (b) At a minimum, any modification of the athletic or team | ||||||
10 | uniform must not interfere with the movement of the student or | ||||||
11 | pose a safety hazard to the student or to other athletes or | ||||||
12 | players. The modification of headgear is permitted if the | ||||||
13 | headgear: | ||||||
14 | (1) is black, white, the predominant predominate color | ||||||
15 | of the uniform, or the same color for all players on the | ||||||
16 | team; | ||||||
17 | (2) does not cover any part of the face; | ||||||
18 | (3) is not dangerous to the player or to the other | ||||||
19 | players; | ||||||
20 | (4) has no opening or closing elements around the face | ||||||
21 | and neck; and | ||||||
22 | (5) has no parts extruding from its surface.
| ||||||
23 | (Source: P.A. 102-51, eff. 7-9-21; revised 11-4-21.)
| ||||||
24 | (110 ILCS 675/20-217)
| ||||||
25 | Sec. 20-217 20-215 . Academic major report. The Board shall |
| |||||||
| |||||||
1 | provide to each enrolled student, at the time the student | ||||||
2 | declares or changes his or her academic major or program of | ||||||
3 | study, a report that contains relevant, independent, and | ||||||
4 | accurate data related to the student's major or program of | ||||||
5 | study and to the current occupational outlook associated with | ||||||
6 | that major or program of study. The report shall provide the | ||||||
7 | student with all of the following information: | ||||||
8 | (1) The estimated cost of his or her education | ||||||
9 | associated with pursuing a degree in that major or program | ||||||
10 | of study. | ||||||
11 | (2) The average monthly student loan payment over a | ||||||
12 | period of 20 years based on the estimated cost of his or | ||||||
13 | her education under paragraph (1). | ||||||
14 | (3) The average job placement rate within 12 months | ||||||
15 | after graduation for a graduate who holds a degree in that | ||||||
16 | major or program of study. | ||||||
17 | (4) The average entry-level wage or salary for an | ||||||
18 | occupation related to that major or program of study. | ||||||
19 | (5) The average wage or salary 5 years after entry | ||||||
20 | into an occupation under paragraph (4).
| ||||||
21 | (Source: P.A. 102-214, eff. 1-1-22; revised 11-4-21.)
| ||||||
22 | (110 ILCS 675/20-225)
| ||||||
23 | Sec. 20-225 20-215 . Availability of menstrual hygiene | ||||||
24 | products. | ||||||
25 | (a) In this Section, "menstrual hygiene products" means |
| |||||||
| |||||||
1 | tampons and sanitary napkins for use in connection with the | ||||||
2 | menstrual cycle. | ||||||
3 | (b) The Board shall make menstrual hygiene products | ||||||
4 | available, at no cost to students, in the bathrooms of | ||||||
5 | facilities or portions of facilities that (i) are owned or | ||||||
6 | leased by the Board or over which the Board has care, custody, | ||||||
7 | and control and (ii) are used for student instruction or | ||||||
8 | administrative purposes.
| ||||||
9 | (Source: P.A. 102-250, eff. 8-5-21; revised 11-4-21.)
| ||||||
10 | (110 ILCS 675/20-230)
| ||||||
11 | Sec. 20-230 20-215 . Adjunct professor; status of class. | ||||||
12 | (a) At least 30 days before the beginning of a term and | ||||||
13 | again at 14 days before the beginning of the term, the Board | ||||||
14 | must notify an adjunct professor about the status of | ||||||
15 | enrollment of the class the adjunct professor was hired to | ||||||
16 | teach. | ||||||
17 | (b) This Section does not apply if the Governor has | ||||||
18 | declared a disaster due to a public health emergency or a | ||||||
19 | natural disaster pursuant to Section 7 of the Illinois | ||||||
20 | Emergency Management Agency Act. | ||||||
21 | (c) Collective bargaining agreements that are in effect on | ||||||
22 | January 1, 2022 ( the effective date of Public Act 102-260) | ||||||
23 | this amendatory Act of the 102nd General Assembly are exempt | ||||||
24 | from the requirements of this Section.
| ||||||
25 | (Source: P.A. 102-260, eff. 1-1-22; revised 11-4-21.)
|
| |||||||
| |||||||
1 | (110 ILCS 675/20-235)
| ||||||
2 | Sec. 20-235 20-215 . Family and medical leave coverage. A | ||||||
3 | University employee who has been employed by the University | ||||||
4 | for at least 12 months and who has worked at least 1,000 hours | ||||||
5 | in the previous 12-month period shall be eligible for family | ||||||
6 | and medical leave under the same terms and conditions as leave | ||||||
7 | provided to eligible employees under the federal Family and | ||||||
8 | Medical Leave Act of 1993.
| ||||||
9 | (Source: P.A. 102-335, eff. 1-1-22; revised 11-4-21.)
| ||||||
10 | (110 ILCS 675/20-240)
| ||||||
11 | Sec. 20-240 20-215 . Undocumented Student Liaison; | ||||||
12 | Undocumented Student Resource Center. | ||||||
13 | (a) Beginning with the 2022-2023 academic year, the Board | ||||||
14 | shall designate an employee as an Undocumented Student | ||||||
15 | Resource Liaison to be available on campus to provide | ||||||
16 | assistance to undocumented students and mixed status students | ||||||
17 | within the United States in streamlining access to financial | ||||||
18 | aid and academic support to successfully matriculate to degree | ||||||
19 | completion. The Undocumented Student Liaison shall provide | ||||||
20 | assistance to vocational students, undergraduate students,
| ||||||
21 | graduate students, and professional-track students. An | ||||||
22 | employee who is designated as an Undocumented Student Liaison | ||||||
23 | must be knowledgeable about current legislation and policy | ||||||
24 | changes through professional development with the Illinois |
| |||||||
| |||||||
1 | Dream Fund Commission to provide the wrap-around services to | ||||||
2 | such students. The Illinois Dream Fund Commission shall | ||||||
3 | conduct professional development under this Section. The | ||||||
4 | Illinois Dream Fund Commission's task force on immigration | ||||||
5 | issues and the Undocumented Student Liaison shall ensure that | ||||||
6 | undocumented immigrants and students from mixed status | ||||||
7 | households receive equitable and inclusive access to the | ||||||
8 | University's retention and matriculation programs. | ||||||
9 | The Board shall ensure that an Undocumented Student | ||||||
10 | Liaison is available at each campus of the University. The | ||||||
11 | Undocumented Student Liaison must be placed in a location that | ||||||
12 | provides direct access for students in collaboration with the | ||||||
13 | retention and matriculation programs of the University. The | ||||||
14 | Undocumented Student Liaison shall report directly to senior | ||||||
15 | leadership and shall assist leadership with the review of | ||||||
16 | policies and procedures that directly affect undocumented and | ||||||
17 | mixed status students. | ||||||
18 | An Undocumented Student Liaison may work on outreach | ||||||
19 | efforts to provide access to resources and support within the | ||||||
20 | grade P-20 education pipeline by supporting summer enrichment | ||||||
21 | programs and pipeline options for students in any of grades 9 | ||||||
22 | through 12. | ||||||
23 | (b) The Board is encouraged to establish an Undocumented | ||||||
24 | Student Resource Center on each of its campuses. An A | ||||||
25 | Undocumented Student Resource Center may offer support | ||||||
26 | services, including, but not limited to, State and private |
| |||||||
| |||||||
1 | financial assistance, academic and career counseling, and | ||||||
2 | retention and matriculation support services, as well as | ||||||
3 | mental health counseling options because the changing | ||||||
4 | immigration climate impacts a student's overall well-being and | ||||||
5 | success. | ||||||
6 | An Undocumented Student Resource Center may be housed
| ||||||
7 | within an existing student service center or academic center, | ||||||
8 | and the new construction of an Undocumented Student Resource | ||||||
9 | Center is not required under this Section. | ||||||
10 | The Board may seek and accept any financial support | ||||||
11 | through institutional advancement, private gifts, or donations | ||||||
12 | to aid in the creation and operation of and the services | ||||||
13 | provided by an Undocumented Student Resource Center.
| ||||||
14 | (Source: P.A. 102-475, eff. 8-20-21; revised 11-4-21.)
| ||||||
15 | (110 ILCS 675/20-245)
| ||||||
16 | Sec. 20-245 20-215 . Personal support worker's attendance | ||||||
17 | in class permitted. If a student of the University has a | ||||||
18 | personal support worker through the Home-Based Support
| ||||||
19 | Services Program for Adults with Mental Disabilities under the
| ||||||
20 | Developmental Disability and Mental Disability Services Act, | ||||||
21 | the Board must permit the personal support worker to attend | ||||||
22 | class with the student but is not responsible for providing or | ||||||
23 | paying for the personal support worker. If the personal | ||||||
24 | support worker's attendance in class is solely to provide | ||||||
25 | personal support services to the student, the Board may not |
| |||||||
| |||||||
1 | charge the personal support worker tuition and fees for such | ||||||
2 | attendance.
| ||||||
3 | (Source: P.A. 102-568, eff. 8-23-21; revised 11-4-21.)
| ||||||
4 | Section 365. The Northeastern Illinois University Law is | ||||||
5 | amended by setting forth, renumbering, and changing multiple
| ||||||
6 | versions of Section 25-210 as follows:
| ||||||
7 | (110 ILCS 680/25-210)
| ||||||
8 | Sec. 25-210. Modification of athletic or team uniform | ||||||
9 | permitted. | ||||||
10 | (a) The Board must allow a student athlete to modify his or | ||||||
11 | her athletic or team uniform due to the observance of modesty | ||||||
12 | in clothing or attire in accordance with the requirements of | ||||||
13 | his or her religion or his or her cultural values or modesty | ||||||
14 | preferences. The modification of the athletic or team uniform | ||||||
15 | may include, but is not limited to, the wearing of a hijab, an | ||||||
16 | undershirt, or leggings. If a student chooses to modify his or | ||||||
17 | her athletic or team uniform, the student is responsible for | ||||||
18 | all costs associated with the modification of the uniform and | ||||||
19 | the student shall not be required to receive prior approval | ||||||
20 | from the Board for such modification. However, nothing in this | ||||||
21 | Section prohibits the University from providing the | ||||||
22 | modification to the student. | ||||||
23 | (b) At a minimum, any modification of the athletic or team | ||||||
24 | uniform must not interfere with the movement of the student or |
| |||||||
| |||||||
1 | pose a safety hazard to the student or to other athletes or | ||||||
2 | players. The modification of headgear is permitted if the | ||||||
3 | headgear: | ||||||
4 | (1) is black, white, the predominant predominate color | ||||||
5 | of the uniform, or the same color for all players on the | ||||||
6 | team; | ||||||
7 | (2) does not cover any part of the face; | ||||||
8 | (3) is not dangerous to the player or to the other | ||||||
9 | players; | ||||||
10 | (4) has no opening or closing elements around the face | ||||||
11 | and neck; and | ||||||
12 | (5) has no parts extruding from its surface.
| ||||||
13 | (Source: P.A. 102-51, eff. 7-9-21; revised 11-4-21.)
| ||||||
14 | (110 ILCS 680/25-212)
| ||||||
15 | Sec. 25-212 25-210 . Academic major report. The Board shall | ||||||
16 | provide to each enrolled student, at the time the student | ||||||
17 | declares or changes his or her academic major or program of | ||||||
18 | study, a report that contains relevant, independent, and | ||||||
19 | accurate data related to the student's major or program of | ||||||
20 | study and to the current occupational outlook associated with | ||||||
21 | that major or program of study. The report shall provide the | ||||||
22 | student with all of the following information: | ||||||
23 | (1) The estimated cost of his or her education | ||||||
24 | associated with pursuing a degree in that major or program | ||||||
25 | of study. |
| |||||||
| |||||||
1 | (2) The average monthly student loan payment over a | ||||||
2 | period of 20 years based on the estimated cost of his or | ||||||
3 | her education under paragraph (1). | ||||||
4 | (3) The average job placement rate within 12 months | ||||||
5 | after graduation for a graduate who holds a degree in that | ||||||
6 | major or program of study. | ||||||
7 | (4) The average entry-level wage or salary for an | ||||||
8 | occupation related to that major or program of study. | ||||||
9 | (5) The average wage or salary 5 years after entry | ||||||
10 | into an occupation under paragraph (4).
| ||||||
11 | (Source: P.A. 102-214, eff. 1-1-22; revised 11-4-21.)
| ||||||
12 | (110 ILCS 680/25-220)
| ||||||
13 | Sec. 25-220 25-210 . Availability of menstrual hygiene | ||||||
14 | products. | ||||||
15 | (a) In this Section, "menstrual hygiene products" means | ||||||
16 | tampons and sanitary napkins for use in connection with the | ||||||
17 | menstrual cycle. | ||||||
18 | (b) The Board shall make menstrual hygiene products | ||||||
19 | available, at no cost to students, in the bathrooms of | ||||||
20 | facilities or portions of facilities that (i) are owned or | ||||||
21 | leased by the Board or over which the Board has care, custody, | ||||||
22 | and control and (ii) are used for student instruction or | ||||||
23 | administrative purposes.
| ||||||
24 | (Source: P.A. 102-250, eff. 8-5-21; revised 11-4-21.)
|
| |||||||
| |||||||
1 | (110 ILCS 680/25-225)
| ||||||
2 | Sec. 25-225 25-210 . Adjunct professor; status of class. | ||||||
3 | (a) At least 30 days before the beginning of a term and | ||||||
4 | again at 14 days before the beginning of the term, the Board | ||||||
5 | must notify an adjunct professor about the status of | ||||||
6 | enrollment of the class the adjunct professor was hired to | ||||||
7 | teach. | ||||||
8 | (b) This Section does not apply if the Governor has | ||||||
9 | declared a disaster due to a public health emergency or a | ||||||
10 | natural disaster pursuant to Section 7 of the Illinois | ||||||
11 | Emergency Management Agency Act. | ||||||
12 | (c) Collective bargaining agreements that are in effect on | ||||||
13 | January 1, 2022 ( the effective date of Public Act 102-260) | ||||||
14 | this amendatory Act of the 102nd General Assembly are exempt | ||||||
15 | from the requirements of this Section.
| ||||||
16 | (Source: P.A. 102-260, eff. 1-1-22; revised 11-4-21.)
| ||||||
17 | (110 ILCS 680/25-230)
| ||||||
18 | Sec. 25-230 25-210 . Family and medical leave coverage. A | ||||||
19 | University employee who has been employed by the University | ||||||
20 | for at least 12 months and who has worked at least 1,000 hours | ||||||
21 | in the previous 12-month period shall be eligible for family | ||||||
22 | and medical leave under the same terms and conditions as leave | ||||||
23 | provided to eligible employees under the federal Family and | ||||||
24 | Medical Leave Act of 1993.
| ||||||
25 | (Source: P.A. 102-335, eff. 1-1-22; revised 11-4-21.)
|
| |||||||
| |||||||
1 | (110 ILCS 680/25-235)
| ||||||
2 | Sec. 25-235 25-210 . Undocumented Student Liaison; | ||||||
3 | Undocumented Student Resource Center. | ||||||
4 | (a) Beginning with the 2022-2023 academic year, the Board | ||||||
5 | shall designate an employee as an Undocumented Student | ||||||
6 | Resource Liaison to be available on campus to provide | ||||||
7 | assistance to undocumented students and mixed status students | ||||||
8 | within the United States in streamlining access to financial | ||||||
9 | aid and academic support to successfully matriculate to degree | ||||||
10 | completion. The Undocumented Student Liaison shall provide | ||||||
11 | assistance to vocational students, undergraduate students,
| ||||||
12 | graduate students, and professional-track students. An | ||||||
13 | employee who is designated as an Undocumented Student Liaison | ||||||
14 | must be knowledgeable about current legislation and policy | ||||||
15 | changes through professional development with the Illinois | ||||||
16 | Dream Fund Commission to provide the wrap-around services to | ||||||
17 | such students. The Illinois Dream Fund Commission shall | ||||||
18 | conduct professional development under this Section. The | ||||||
19 | Illinois Dream Fund Commission's task force on immigration | ||||||
20 | issues and the Undocumented Student Liaison shall ensure that | ||||||
21 | undocumented immigrants and students from mixed status | ||||||
22 | households receive equitable and inclusive access to the | ||||||
23 | University's retention and matriculation programs. | ||||||
24 | The Board shall ensure that an Undocumented Student | ||||||
25 | Liaison is available at each campus of the University. The |
| |||||||
| |||||||
1 | Undocumented Student Liaison must be placed in a location that | ||||||
2 | provides direct access for students in collaboration with the | ||||||
3 | retention and matriculation programs of the University. The | ||||||
4 | Undocumented Student Liaison shall report directly to senior | ||||||
5 | leadership and shall assist leadership with the review of | ||||||
6 | policies and procedures that directly affect undocumented and | ||||||
7 | mixed status students. | ||||||
8 | An Undocumented Student Liaison may work on outreach | ||||||
9 | efforts to provide access to resources and support within the | ||||||
10 | grade P-20 education pipeline by supporting summer enrichment | ||||||
11 | programs and pipeline options for students in any of grades 9 | ||||||
12 | through 12. | ||||||
13 | (b) The Board is encouraged to establish an Undocumented | ||||||
14 | Student Resource Center on each of its campuses. An A | ||||||
15 | Undocumented Student Resource Center may offer support | ||||||
16 | services, including, but not limited to, State and private | ||||||
17 | financial assistance, academic and career counseling, and | ||||||
18 | retention and matriculation support services, as well as | ||||||
19 | mental health counseling options because the changing | ||||||
20 | immigration climate impacts a student's overall well-being and | ||||||
21 | success. | ||||||
22 | An Undocumented Student Resource Center may be housed
| ||||||
23 | within an existing student service center or academic center, | ||||||
24 | and the new construction of an Undocumented Student Resource | ||||||
25 | Center is not required under this Section. | ||||||
26 | The Board may seek and accept any financial support |
| |||||||
| |||||||
1 | through institutional advancement, private gifts, or donations | ||||||
2 | to aid in the creation and operation of and the services | ||||||
3 | provided by an Undocumented Student Resource Center.
| ||||||
4 | (Source: P.A. 102-475, eff. 8-20-21; revised 11-4-21.)
| ||||||
5 | (110 ILCS 680/25-240)
| ||||||
6 | Sec. 25-240 25-210 . Personal support worker's attendance | ||||||
7 | in class permitted. If a student of the University has a | ||||||
8 | personal support worker through the Home-Based Support
| ||||||
9 | Services Program for Adults with Mental Disabilities under the
| ||||||
10 | Developmental Disability and Mental Disability Services Act, | ||||||
11 | the Board must permit the personal support worker to attend | ||||||
12 | class with the student but is not responsible for providing or | ||||||
13 | paying for the personal support worker. If the personal | ||||||
14 | support worker's attendance in class is solely to provide | ||||||
15 | personal support services to the student, the Board may not | ||||||
16 | charge the personal support worker tuition and fees for such | ||||||
17 | attendance.
| ||||||
18 | (Source: P.A. 102-568, eff. 8-23-21; revised 11-4-21.)
| ||||||
19 | Section 370. The Northern Illinois University Law is | ||||||
20 | amended by setting forth, renumbering, and changing multiple
| ||||||
21 | versions of Section 30-220 as follows:
| ||||||
22 | (110 ILCS 685/30-220)
| ||||||
23 | Sec. 30-220. Modification of athletic or team uniform |
| |||||||
| |||||||
1 | permitted. | ||||||
2 | (a) The Board must allow a student athlete to modify his or | ||||||
3 | her athletic or team uniform due to the observance of modesty | ||||||
4 | in clothing or attire in accordance with the requirements of | ||||||
5 | his or her religion or his or her cultural values or modesty | ||||||
6 | preferences. The modification of the athletic or team uniform | ||||||
7 | may include, but is not limited to, the wearing of a hijab, an | ||||||
8 | undershirt, or leggings. If a student chooses to modify his or | ||||||
9 | her athletic or team uniform, the student is responsible for | ||||||
10 | all costs associated with the modification of the uniform and | ||||||
11 | the student shall not be required to receive prior approval | ||||||
12 | from the Board for such modification. However, nothing in this | ||||||
13 | Section prohibits the University from providing the | ||||||
14 | modification to the student. | ||||||
15 | (b) At a minimum, any modification of the athletic or team | ||||||
16 | uniform must not interfere with the movement of the student or | ||||||
17 | pose a safety hazard to the student or to other athletes or | ||||||
18 | players. The modification of headgear is permitted if the | ||||||
19 | headgear: | ||||||
20 | (1) is black, white, the predominant predominate color | ||||||
21 | of the uniform, or the same color for all players on the | ||||||
22 | team; | ||||||
23 | (2) does not cover any part of the face; | ||||||
24 | (3) is not dangerous to the player or to the other | ||||||
25 | players; | ||||||
26 | (4) has no opening or closing elements around the face |
| |||||||
| |||||||
1 | and neck; and | ||||||
2 | (5) has no parts extruding from its surface.
| ||||||
3 | (Source: P.A. 102-51, eff. 7-9-21; revised 11-4-21.)
| ||||||
4 | (110 ILCS 685/30-222)
| ||||||
5 | Sec. 30-222 30-220 . Academic major report. The Board shall | ||||||
6 | provide to each enrolled student, at the time the student | ||||||
7 | declares or changes his or her academic major or program of | ||||||
8 | study, a report that contains relevant, independent, and | ||||||
9 | accurate data related to the student's major or program of | ||||||
10 | study and to the current occupational outlook associated with | ||||||
11 | that major or program of study. The report shall provide the | ||||||
12 | student with all of the following information: | ||||||
13 | (1) The estimated cost of his or her education | ||||||
14 | associated with pursuing a degree in that major or program | ||||||
15 | of study. | ||||||
16 | (2) The average monthly student loan payment over a | ||||||
17 | period of 20 years based on the estimated cost of his or | ||||||
18 | her education under paragraph (1). | ||||||
19 | (3) The average job placement rate within 12 months | ||||||
20 | after graduation for a graduate who holds a degree in that | ||||||
21 | major or program of study. | ||||||
22 | (4) The average entry-level wage or salary for an | ||||||
23 | occupation related to that major or program of study. | ||||||
24 | (5) The average wage or salary 5 years after entry | ||||||
25 | into an occupation under paragraph (4).
|
| |||||||
| |||||||
1 | (Source: P.A. 102-214, eff. 1-1-22; revised 11-4-21.)
| ||||||
2 | (110 ILCS 685/30-230)
| ||||||
3 | Sec. 30-230 30-220 . Availability of menstrual hygiene | ||||||
4 | products. | ||||||
5 | (a) In this Section, "menstrual hygiene products" means | ||||||
6 | tampons and sanitary napkins for use in connection with the | ||||||
7 | menstrual cycle. | ||||||
8 | (b) The Board shall make menstrual hygiene products | ||||||
9 | available, at no cost to students, in the bathrooms of | ||||||
10 | facilities or portions of facilities that (i) are owned or | ||||||
11 | leased by the Board or over which the Board has care, custody, | ||||||
12 | and control and (ii) are used for student instruction or | ||||||
13 | administrative purposes.
| ||||||
14 | (Source: P.A. 102-250, eff. 8-5-21; revised 11-4-21.)
| ||||||
15 | (110 ILCS 685/30-235)
| ||||||
16 | Sec. 30-235 30-220 . Adjunct professor; status of class. | ||||||
17 | (a) At least 30 days before the beginning of a term and | ||||||
18 | again at 14 days before the beginning of the term, the Board | ||||||
19 | must notify an adjunct professor about the status of | ||||||
20 | enrollment of the class the adjunct professor was hired to | ||||||
21 | teach. | ||||||
22 | (b) This Section does not apply if the Governor has | ||||||
23 | declared a disaster due to a public health emergency or a | ||||||
24 | natural disaster pursuant to Section 7 of the Illinois |
| |||||||
| |||||||
1 | Emergency Management Agency Act. | ||||||
2 | (c) Collective bargaining agreements that are in effect on | ||||||
3 | January 1, 2022 ( the effective date of Public Act 102-260) | ||||||
4 | this amendatory Act of the 102nd General Assembly are exempt | ||||||
5 | from the requirements of this Section.
| ||||||
6 | (Source: P.A. 102-260, eff. 1-1-22; revised 11-4-21.)
| ||||||
7 | (110 ILCS 685/30-240)
| ||||||
8 | Sec. 30-240 30-220 . Family and medical leave coverage. A | ||||||
9 | University employee who has been employed by the University | ||||||
10 | for at least 12 months and who has worked at least 1,000 hours | ||||||
11 | in the previous 12-month period shall be eligible for family | ||||||
12 | and medical leave under the same terms and conditions as leave | ||||||
13 | provided to eligible employees under the federal Family and | ||||||
14 | Medical Leave Act of 1993.
| ||||||
15 | (Source: P.A. 102-335, eff. 1-1-22; revised 11-4-21.)
| ||||||
16 | (110 ILCS 685/30-245)
| ||||||
17 | Sec. 30-245 30-220 . Undocumented Student Liaison; | ||||||
18 | Undocumented Student Resource Center. | ||||||
19 | (a) Beginning with the 2022-2023 academic year, the Board | ||||||
20 | shall designate an employee as an Undocumented Student | ||||||
21 | Resource Liaison to be available on campus to provide | ||||||
22 | assistance to undocumented students and mixed status students | ||||||
23 | within the United States in streamlining access to financial | ||||||
24 | aid and academic support to successfully matriculate to degree |
| |||||||
| |||||||
1 | completion. The Undocumented Student Liaison shall provide | ||||||
2 | assistance to vocational students, undergraduate students,
| ||||||
3 | graduate students, and professional-track students. An | ||||||
4 | employee who is designated as an Undocumented Student Liaison | ||||||
5 | must be knowledgeable about current legislation and policy | ||||||
6 | changes through professional development with the Illinois | ||||||
7 | Dream Fund Commission to provide the wrap-around services to | ||||||
8 | such students. The Illinois Dream Fund Commission shall | ||||||
9 | conduct professional development under this Section. The | ||||||
10 | Illinois Dream Fund Commission's task force on immigration | ||||||
11 | issues and the Undocumented Student Liaison shall ensure that | ||||||
12 | undocumented immigrants and students from mixed status | ||||||
13 | households receive equitable and inclusive access to the | ||||||
14 | University's retention and matriculation programs. | ||||||
15 | The Board shall ensure that an Undocumented Student | ||||||
16 | Liaison is available at each campus of the University. The | ||||||
17 | Undocumented Student Liaison must be placed in a location that | ||||||
18 | provides direct access for students in collaboration with the | ||||||
19 | retention and matriculation programs of the University. The | ||||||
20 | Undocumented Student Liaison shall report directly to senior | ||||||
21 | leadership and shall assist leadership with the review of | ||||||
22 | policies and procedures that directly affect undocumented and | ||||||
23 | mixed status students. | ||||||
24 | An Undocumented Student Liaison may work on outreach | ||||||
25 | efforts to provide access to resources and support within the | ||||||
26 | grade P-20 education pipeline by supporting summer enrichment |
| |||||||
| |||||||
1 | programs and pipeline options for students in any of grades 9 | ||||||
2 | through 12. | ||||||
3 | (b) The Board is encouraged to establish an Undocumented | ||||||
4 | Student Resource Center on each of its campuses. An A | ||||||
5 | Undocumented Student Resource Center may offer support | ||||||
6 | services, including, but not limited to, State and private | ||||||
7 | financial assistance, academic and career counseling, and | ||||||
8 | retention and matriculation support services, as well as | ||||||
9 | mental health counseling options because the changing | ||||||
10 | immigration climate impacts a student's overall well-being and | ||||||
11 | success. | ||||||
12 | An Undocumented Student Resource Center may be housed
| ||||||
13 | within an existing student service center or academic center, | ||||||
14 | and the new construction of an Undocumented Student Resource | ||||||
15 | Center is not required under this Section. | ||||||
16 | The Board may seek and accept any financial support | ||||||
17 | through institutional advancement, private gifts, or donations | ||||||
18 | to aid in the creation and operation of and the services | ||||||
19 | provided by an Undocumented Student Resource Center.
| ||||||
20 | (Source: P.A. 102-475, eff. 8-20-21; revised 11-4-21.)
| ||||||
21 | (110 ILCS 685/30-250)
| ||||||
22 | Sec. 30-250 30-220 . Personal support worker's attendance | ||||||
23 | in class permitted. If a student of the University has a | ||||||
24 | personal support worker through the Home-Based Support
| ||||||
25 | Services Program for Adults with Mental Disabilities under the
|
| |||||||
| |||||||
1 | Developmental Disability and Mental Disability Services Act, | ||||||
2 | the Board must permit the personal support worker to attend | ||||||
3 | class with the student but is not responsible for providing or | ||||||
4 | paying for the personal support worker. If the personal | ||||||
5 | support worker's attendance in class is solely to provide | ||||||
6 | personal support services to the student, the Board may not | ||||||
7 | charge the personal support worker tuition and fees for such | ||||||
8 | attendance.
| ||||||
9 | (Source: P.A. 102-568, eff. 8-23-21; revised 11-4-21.)
| ||||||
10 | Section 375. The Western Illinois University Law is | ||||||
11 | amended by setting forth, renumbering, and changing multiple
| ||||||
12 | versions of Section 35-215 as follows:
| ||||||
13 | (110 ILCS 690/35-215)
| ||||||
14 | Sec. 35-215. Modification of athletic or team uniform | ||||||
15 | permitted. | ||||||
16 | (a) The Board must allow a student athlete to modify his or | ||||||
17 | her athletic or team uniform due to the observance of modesty | ||||||
18 | in clothing or attire in accordance with the requirements of | ||||||
19 | his or her religion or his or her cultural values or modesty | ||||||
20 | preferences. The modification of the athletic or team uniform | ||||||
21 | may include, but is not limited to, the wearing of a hijab, an | ||||||
22 | undershirt, or leggings. If a student chooses to modify his or | ||||||
23 | her athletic or team uniform, the student is responsible for | ||||||
24 | all costs associated with the modification of the uniform and |
| |||||||
| |||||||
1 | the student shall not be required to receive prior approval | ||||||
2 | from the Board for such modification. However, nothing in this | ||||||
3 | Section prohibits the University from providing the | ||||||
4 | modification to the student. | ||||||
5 | (b) At a minimum, any modification of the athletic or team | ||||||
6 | uniform must not interfere with the movement of the student or | ||||||
7 | pose a safety hazard to the student or to other athletes or | ||||||
8 | players. The modification of headgear is permitted if the | ||||||
9 | headgear: | ||||||
10 | (1) is black, white, the predominant predominate color | ||||||
11 | of the uniform, or the same color for all players on the | ||||||
12 | team; | ||||||
13 | (2) does not cover any part of the face; | ||||||
14 | (3) is not dangerous to the player or to the other | ||||||
15 | players; | ||||||
16 | (4) has no opening or closing elements around the face | ||||||
17 | and neck; and | ||||||
18 | (5) has no parts extruding from its surface.
| ||||||
19 | (Source: P.A. 102-51, eff. 7-9-21; revised 11-5-21.)
| ||||||
20 | (110 ILCS 690/35-217)
| ||||||
21 | Sec. 35-217 35-215 . Academic major report. The Board shall | ||||||
22 | provide to each enrolled student, at the time the student | ||||||
23 | declares or changes his or her academic major or program of | ||||||
24 | study, a report that contains relevant, independent, and | ||||||
25 | accurate data related to the student's major or program of |
| |||||||
| |||||||
1 | study and to the current occupational outlook associated with | ||||||
2 | that major or program of study. The report shall provide the | ||||||
3 | student with all of the following information: | ||||||
4 | (1) The estimated cost of his or her education | ||||||
5 | associated with pursuing a degree in that major or program | ||||||
6 | of study. | ||||||
7 | (2) The average monthly student loan payment over a | ||||||
8 | period of 20 years based on the estimated cost of his or | ||||||
9 | her education under paragraph (1). | ||||||
10 | (3) The average job placement rate within 12 months | ||||||
11 | after graduation for a graduate who holds a degree in that | ||||||
12 | major or program of study. | ||||||
13 | (4) The average entry-level wage or salary for an | ||||||
14 | occupation related to that major or program of study. | ||||||
15 | (5) The average wage or salary 5 years after entry | ||||||
16 | into an occupation under paragraph (4).
| ||||||
17 | (Source: P.A. 102-214, eff. 1-1-22; revised 11-5-21.)
| ||||||
18 | (110 ILCS 690/35-225)
| ||||||
19 | Sec. 35-225 35-215 . Availability of menstrual hygiene | ||||||
20 | products. | ||||||
21 | (a) In this Section, "menstrual hygiene products" means | ||||||
22 | tampons and sanitary napkins for use in connection with the | ||||||
23 | menstrual cycle. | ||||||
24 | (b) The Board shall make menstrual hygiene products | ||||||
25 | available, at no cost to students, in the bathrooms of |
| |||||||
| |||||||
1 | facilities or portions of facilities that (i) are owned or | ||||||
2 | leased by the Board or over which the Board has care, custody, | ||||||
3 | and control and (ii) are used for student instruction or | ||||||
4 | administrative purposes.
| ||||||
5 | (Source: P.A. 102-250, eff. 8-5-21; revised 11-5-21.)
| ||||||
6 | (110 ILCS 690/35-230)
| ||||||
7 | Sec. 35-230 35-215 . Adjunct professor; status of class. | ||||||
8 | (a) At least 30 days before the beginning of a term and | ||||||
9 | again at 14 days before the beginning of the term, the Board | ||||||
10 | must notify an adjunct professor about the status of | ||||||
11 | enrollment of the class the adjunct professor was hired to | ||||||
12 | teach. | ||||||
13 | (b) This Section does not apply if the Governor has | ||||||
14 | declared a disaster due to a public health emergency or a | ||||||
15 | natural disaster pursuant to Section 7 of the Illinois | ||||||
16 | Emergency Management Agency Act. | ||||||
17 | (c) Collective bargaining agreements that are in effect on | ||||||
18 | January 1, 2022 ( the effective date of Public Act 102-260) | ||||||
19 | this amendatory Act of the 102nd General Assembly are exempt | ||||||
20 | from the requirements of this Section.
| ||||||
21 | (Source: P.A. 102-260, eff. 1-1-22; revised 11-5-21.)
| ||||||
22 | (110 ILCS 690/35-235)
| ||||||
23 | Sec. 35-235 35-215 . Family and medical leave coverage. A | ||||||
24 | University employee who has been employed by the University |
| |||||||
| |||||||
1 | for at least 12 months and who has worked at least 1,000 hours | ||||||
2 | in the previous 12-month period shall be eligible for family | ||||||
3 | and medical leave under the same terms and conditions as leave | ||||||
4 | provided to eligible employees under the federal Family and | ||||||
5 | Medical Leave Act of 1993.
| ||||||
6 | (Source: P.A. 102-335, eff. 1-1-22; revised 11-5-21.)
| ||||||
7 | (110 ILCS 690/35-240)
| ||||||
8 | Sec. 35-240 35-215 . Undocumented Student Liaison; | ||||||
9 | Undocumented Student Resource Center. | ||||||
10 | (a) Beginning with the 2022-2023 academic year, the Board | ||||||
11 | shall designate an employee as an Undocumented Student | ||||||
12 | Resource Liaison to be available on campus to provide | ||||||
13 | assistance to undocumented students and mixed status students | ||||||
14 | within the United States in streamlining access to financial | ||||||
15 | aid and academic support to successfully matriculate to degree | ||||||
16 | completion. The Undocumented Student Liaison shall provide | ||||||
17 | assistance to vocational students, undergraduate students,
| ||||||
18 | graduate students, and professional-track students. An | ||||||
19 | employee who is designated as an Undocumented Student Liaison | ||||||
20 | must be knowledgeable about current legislation and policy | ||||||
21 | changes through professional development with the Illinois | ||||||
22 | Dream Fund Commission to provide the wrap-around services to | ||||||
23 | such students. The Illinois Dream Fund Commission shall | ||||||
24 | conduct professional development under this Section. The | ||||||
25 | Illinois Dream Fund Commission's task force on immigration |
| |||||||
| |||||||
1 | issues and the Undocumented Student Liaison shall ensure that | ||||||
2 | undocumented immigrants and students from mixed status | ||||||
3 | households receive equitable and inclusive access to the | ||||||
4 | University's retention and matriculation programs. | ||||||
5 | The Board shall ensure that an Undocumented Student | ||||||
6 | Liaison is available at each campus of the University. The | ||||||
7 | Undocumented Student Liaison must be placed in a location that | ||||||
8 | provides direct access for students in collaboration with the | ||||||
9 | retention and matriculation programs of the University. The | ||||||
10 | Undocumented Student Liaison shall report directly to senior | ||||||
11 | leadership and shall assist leadership with the review of | ||||||
12 | policies and procedures that directly affect undocumented and | ||||||
13 | mixed status students. | ||||||
14 | An Undocumented Student Liaison may work on outreach | ||||||
15 | efforts to provide access to resources and support within the | ||||||
16 | grade P-20 education pipeline by supporting summer enrichment | ||||||
17 | programs and pipeline options for students in any of grades 9 | ||||||
18 | through 12. | ||||||
19 | (b) The Board is encouraged to establish an Undocumented | ||||||
20 | Student Resource Center on each of its campuses. An A | ||||||
21 | Undocumented Student Resource Center may offer support | ||||||
22 | services, including, but not limited to, State and private | ||||||
23 | financial assistance, academic and career counseling, and | ||||||
24 | retention and matriculation support services, as well as | ||||||
25 | mental health counseling options because the changing | ||||||
26 | immigration climate impacts a student's overall well-being and |
| |||||||
| |||||||
1 | success. | ||||||
2 | An Undocumented Student Resource Center may be housed
| ||||||
3 | within an existing student service center or academic center, | ||||||
4 | and the new construction of an Undocumented Student Resource | ||||||
5 | Center is not required under this Section. | ||||||
6 | The Board may seek and accept any financial support | ||||||
7 | through institutional advancement, private gifts, or donations | ||||||
8 | to aid in the creation and operation of and the services | ||||||
9 | provided by an Undocumented Student Resource Center.
| ||||||
10 | (Source: P.A. 102-475, eff. 8-20-21; revised 11-5-21.)
| ||||||
11 | (110 ILCS 690/35-245)
| ||||||
12 | Sec. 35-245 35-215 . Personal support worker's attendance | ||||||
13 | in class permitted. If a student of the University has a | ||||||
14 | personal support worker through the Home-Based Support
| ||||||
15 | Services Program for Adults with Mental Disabilities under the
| ||||||
16 | Developmental Disability and Mental Disability Services Act, | ||||||
17 | the Board must permit the personal support worker to attend | ||||||
18 | class with the student but is not responsible for providing or | ||||||
19 | paying for the personal support worker. If the personal | ||||||
20 | support worker's attendance in class is solely to provide | ||||||
21 | personal support services to the student, the Board may not | ||||||
22 | charge the personal support worker tuition and fees for such | ||||||
23 | attendance.
| ||||||
24 | (Source: P.A. 102-568, eff. 8-23-21; revised 11-5-21.)
|
| |||||||
| |||||||
1 | Section 380. The Public Community College Act is amended | ||||||
2 | by setting forth, renumbering, and changing multiple
versions | ||||||
3 | of Section 3-29.14 as follows:
| ||||||
4 | (110 ILCS 805/3-29.14)
| ||||||
5 | Sec. 3-29.14. Modification of athletic or team uniform | ||||||
6 | permitted. | ||||||
7 | (a) A board must allow a student athlete to modify his or | ||||||
8 | her athletic or team uniform due to the observance of modesty | ||||||
9 | in clothing or attire in accordance with the requirements of | ||||||
10 | his or her religion or his or her cultural values or modesty | ||||||
11 | preferences. The modification of the athletic or team uniform | ||||||
12 | may include, but is not limited to, the wearing of a hijab, an | ||||||
13 | undershirt, or leggings. If a student chooses to modify his or | ||||||
14 | her athletic or team uniform, the student is responsible for | ||||||
15 | all costs associated with the modification of the uniform and | ||||||
16 | the student shall not be required to receive prior approval | ||||||
17 | from the board for such modification. However, nothing in this | ||||||
18 | Section prohibits the community college from providing the | ||||||
19 | modification to the student. | ||||||
20 | (b) At a minimum, any modification of the athletic or team | ||||||
21 | uniform must not interfere with the movement of the student or | ||||||
22 | pose a safety hazard to the student or to other athletes or | ||||||
23 | players. The modification of headgear is permitted if the | ||||||
24 | headgear: | ||||||
25 | (1) is black, white, the predominant predominate color |
| |||||||
| |||||||
1 | of the uniform, or the same color for all players on the | ||||||
2 | team; | ||||||
3 | (2) does not cover any part of the face; | ||||||
4 | (3) is not dangerous to the player or to the other | ||||||
5 | players; | ||||||
6 | (4) has no opening or closing elements around the face | ||||||
7 | and neck; and | ||||||
8 | (5) has no parts extruding from its surface.
| ||||||
9 | (Source: P.A. 102-51, eff. 7-9-21; revised 11-5-21.)
| ||||||
10 | (110 ILCS 805/3-29.14a)
| ||||||
11 | Sec. 3-29.14a 3-29.14 . Availability of menstrual hygiene | ||||||
12 | products. | ||||||
13 | (a) In this Section, "menstrual hygiene products" means | ||||||
14 | tampons and sanitary napkins for use in connection with the | ||||||
15 | menstrual cycle. | ||||||
16 | (b) Each board shall make menstrual hygiene products | ||||||
17 | available, at no cost to students, in the bathrooms of | ||||||
18 | facilities or portions of facilities that (i) are owned or | ||||||
19 | leased by the board or over which the board has care, custody, | ||||||
20 | and control and (ii) are used for student instruction or | ||||||
21 | administrative purposes.
| ||||||
22 | (Source: P.A. 102-250, eff. 8-5-21; revised 11-5-21.)
| ||||||
23 | (110 ILCS 805/3-29.16)
| ||||||
24 | Sec. 3-29.16 3-29.14 . Adjunct professor; status of class. |
| |||||||
| |||||||
1 | (a) At least 30 days before the beginning of a semester or | ||||||
2 | term and again at 14 days before the beginning of the semester | ||||||
3 | or term, a community college must notify an adjunct professor | ||||||
4 | about the status of class enrollment of the class the adjunct | ||||||
5 | professor was assigned to teach. | ||||||
6 | (b) This Section does not apply if the Governor has | ||||||
7 | declared a disaster due to a public health emergency or a | ||||||
8 | natural disaster pursuant to Section 7 of the Illinois | ||||||
9 | Emergency Management Agency Act. | ||||||
10 | (c) Collective bargaining agreements that are in effect on | ||||||
11 | January 1, 2022 ( the effective date of Public Act 102-260) | ||||||
12 | this amendatory Act of the 102nd General Assembly are exempt | ||||||
13 | from the requirements of this Section.
| ||||||
14 | (Source: P.A. 102-260, eff. 1-1-22; revised 11-5-21.)
| ||||||
15 | (110 ILCS 805/3-29.17)
| ||||||
16 | Sec. 3-29.17 3-29.14 . Undocumented Student Liaison; | ||||||
17 | Undocumented Student Resource Center. | ||||||
18 | (a) Beginning with the 2022-2023 academic year, a board | ||||||
19 | shall designate an employee as an Undocumented Student | ||||||
20 | Resource Liaison to be available on campus to provide | ||||||
21 | assistance to undocumented students and mixed status students | ||||||
22 | within the United States in streamlining access to financial | ||||||
23 | aid and academic support to successfully matriculate to degree | ||||||
24 | completion. The Undocumented Student Liaison shall provide | ||||||
25 | assistance to vocational students, undergraduate students,
and |
| |||||||
| |||||||
1 | professional-track students. An employee who is designated as | ||||||
2 | an Undocumented Student Liaison must be knowledgeable about | ||||||
3 | current legislation and policy changes through professional | ||||||
4 | development with the Illinois Dream Fund Commission to provide | ||||||
5 | the wrap-around services to such students. The Illinois Dream | ||||||
6 | Fund Commission shall conduct professional development under | ||||||
7 | this Section. The Illinois Dream Fund Commission's task force | ||||||
8 | on immigration issues and the Undocumented Student Liaison | ||||||
9 | shall ensure that undocumented immigrants and students from | ||||||
10 | mixed status households receive equitable and inclusive access | ||||||
11 | to the community college district's retention and | ||||||
12 | matriculation programs. | ||||||
13 | The board shall ensure that an Undocumented Student | ||||||
14 | Liaison is available at each campus of the community college | ||||||
15 | district. The Undocumented Student Liaison must be placed in a | ||||||
16 | location that provides direct access for students in | ||||||
17 | collaboration with the retention and matriculation programs of | ||||||
18 | the community college district. The Undocumented Student | ||||||
19 | Liaison shall report directly to senior leadership and shall | ||||||
20 | assist leadership with the review of policies and procedures | ||||||
21 | that directly affect undocumented and mixed status students. | ||||||
22 | An Undocumented Student Liaison may work on outreach | ||||||
23 | efforts to provide access to resources and support within the | ||||||
24 | grade P-20 education pipeline by supporting summer enrichment | ||||||
25 | programs and pipeline options for students in any of grades 9 | ||||||
26 | through 12. |
| |||||||
| |||||||
1 | (b) A board is encouraged to establish an Undocumented | ||||||
2 | Student Resource Center on each campus of the community | ||||||
3 | college district. An A Undocumented Student Resource Center | ||||||
4 | may offer support services, including, but not limited to, | ||||||
5 | State and private financial assistance, academic and career | ||||||
6 | counseling, and retention and matriculation support services, | ||||||
7 | as well as mental health counseling options because the | ||||||
8 | changing immigration climate impacts a student's overall | ||||||
9 | well-being and success. | ||||||
10 | An Undocumented Student Resource Center may be housed
| ||||||
11 | within an existing student service center or academic center, | ||||||
12 | and the new construction of an Undocumented Student Resource | ||||||
13 | Center is not required under this Section. | ||||||
14 | The board may seek and accept any financial support | ||||||
15 | through institutional advancement, private gifts, or donations | ||||||
16 | to aid in the creation and operation of and the services | ||||||
17 | provided by an Undocumented Student Resource Center.
| ||||||
18 | (Source: P.A. 102-475, eff. 8-20-21; revised 11-5-21.)
| ||||||
19 | (110 ILCS 805/3-29.18)
| ||||||
20 | Sec. 3-29.18 3-29.14 . Students with disabilities. | ||||||
21 | (a) Each community college district shall provide access | ||||||
22 | to higher education for students with disabilities, including, | ||||||
23 | but not limited to, students with intellectual or | ||||||
24 | developmental disabilities. Each community college is | ||||||
25 | encouraged to offer for-credit and non-credit courses as |
| |||||||
| |||||||
1 | deemed appropriate for the individual student based on the | ||||||
2 | student's abilities, interests, and postsecondary transition | ||||||
3 | goals, with the appropriate individualized supplementary aids | ||||||
4 | and accommodations, including general education courses, | ||||||
5 | career and technical education, vocational training, | ||||||
6 | continuing education certificates, individualized learning | ||||||
7 | paths, and life skills courses for students with disabilities. | ||||||
8 | (b) Each community college is strongly encouraged to have | ||||||
9 | its disability services coordinator or the coordinator's | ||||||
10 | representative participate either in person or remotely in | ||||||
11 | meetings held by high schools within the community college | ||||||
12 | district to provide information to the student's | ||||||
13 | individualized education program team, including the student | ||||||
14 | and the student's parent or guardian, about the community | ||||||
15 | college and the availability of courses and programs at the | ||||||
16 | community college.
| ||||||
17 | (Source: P.A. 102-516, eff. 8-20-21; revised 11-5-21.)
| ||||||
18 | (110 ILCS 805/3-29.19)
| ||||||
19 | Sec. 3-29.19 3-29.14 . Personal support worker's attendance | ||||||
20 | in class permitted. If a student of a community college | ||||||
21 | district has a personal support worker through the Home-Based | ||||||
22 | Support Services Program for Adults with Mental Disabilities | ||||||
23 | under the
Developmental Disability and Mental Disability | ||||||
24 | Services Act, the board must permit the personal support | ||||||
25 | worker to attend class with the student but is not responsible |
| |||||||
| |||||||
1 | for providing or paying for the personal support worker. If | ||||||
2 | the personal support worker's attendance in class is solely to | ||||||
3 | provide personal support services to the student, the board | ||||||
4 | may not charge the personal support worker tuition and fees | ||||||
5 | for such attendance.
| ||||||
6 | (Source: P.A. 102-568, eff. 8-23-21; revised 11-5-21.)
| ||||||
7 | Section 385. The Higher Education Student Assistance Act | ||||||
8 | is amended by changing Section 50 and by setting forth and | ||||||
9 | renumbering multiple
versions of Section 65.110 as follows: | ||||||
10 | (110 ILCS 947/50)
| ||||||
11 | Sec. 50. Minority Teachers of Illinois scholarship | ||||||
12 | program.
| ||||||
13 | (a) As used in this Section:
| ||||||
14 | "Eligible applicant" means a minority student who has | ||||||
15 | graduated
from high school or has received a high school | ||||||
16 | equivalency certificate
and has
maintained a cumulative | ||||||
17 | grade point average of
no
less than 2.5 on a 4.0 scale, and | ||||||
18 | who by reason thereof is entitled to
apply for | ||||||
19 | scholarships to be awarded under this Section.
| ||||||
20 | "Minority student" means a student who is any of the | ||||||
21 | following: | ||||||
22 | (1) American Indian or Alaska Native (a person | ||||||
23 | having origins in any of the original peoples of North | ||||||
24 | and South America, including Central America, and who |
| |||||||
| |||||||
1 | maintains tribal affiliation or community attachment). | ||||||
2 | (2) Asian (a person having origins in any of the | ||||||
3 | original peoples of the Far East, Southeast Asia, or | ||||||
4 | the Indian subcontinent, including, but not limited | ||||||
5 | to, Cambodia, China, India, Japan, Korea, Malaysia, | ||||||
6 | Pakistan, the Philippine Islands, Thailand, and | ||||||
7 | Vietnam). | ||||||
8 | (3) Black or African American (a person having | ||||||
9 | origins in any of the black racial groups of Africa). | ||||||
10 | (4) Hispanic or Latino (a person of Cuban, | ||||||
11 | Mexican, Puerto Rican, South or Central American, or | ||||||
12 | other Spanish culture or origin, regardless of race). | ||||||
13 | (5) Native Hawaiian or Other Pacific Islander (a | ||||||
14 | person having origins in any of the original peoples | ||||||
15 | of Hawaii, Guam, Samoa, or other Pacific Islands).
| ||||||
16 | "Qualified bilingual minority applicant" means a | ||||||
17 | qualified student who demonstrates proficiency in a | ||||||
18 | language other than English by (i) receiving a State Seal | ||||||
19 | of Biliteracy from the State Board of Education or (ii) | ||||||
20 | receiving a passing score on an educator licensure target | ||||||
21 | language proficiency test. | ||||||
22 | "Qualified student" means a person (i) who is a | ||||||
23 | resident of this State
and a citizen or permanent resident | ||||||
24 | of the United States; (ii) who is a
minority student, as | ||||||
25 | defined in this Section; (iii) who, as an eligible
| ||||||
26 | applicant, has made a timely application for a minority |
| |||||||
| |||||||
1 | teaching
scholarship under this Section; (iv) who is | ||||||
2 | enrolled on at least a
half-time basis at a
qualified | ||||||
3 | Illinois institution of
higher learning; (v) who is | ||||||
4 | enrolled in a course of study leading to
teacher | ||||||
5 | licensure, including alternative teacher licensure, or, if | ||||||
6 | the student is already licensed to teach, in a course of | ||||||
7 | study leading to an additional teaching endorsement or a | ||||||
8 | master's degree in an academic field in which he or she is | ||||||
9 | teaching or plans to teach or who has received one or more | ||||||
10 | College and Career Pathway Endorsements pursuant to | ||||||
11 | Section 80 of the Postsecondary and Workforce Readiness | ||||||
12 | Act and commits to enrolling in a course of study leading | ||||||
13 | to teacher licensure, including alternative teacher | ||||||
14 | licensure; (vi)
who maintains a grade point average of no
| ||||||
15 | less than 2.5 on a 4.0 scale;
and (vii) who continues to | ||||||
16 | advance satisfactorily toward the attainment
of a degree.
| ||||||
17 | (b) In order to encourage academically talented Illinois | ||||||
18 | minority
students to pursue teaching careers at the preschool | ||||||
19 | or elementary or
secondary
school
level and to address and | ||||||
20 | alleviate the teacher shortage crisis in this State described | ||||||
21 | under the provisions of the Transitions in Education Act, each | ||||||
22 | qualified student shall be awarded a minority teacher
| ||||||
23 | scholarship to any qualified Illinois institution of higher | ||||||
24 | learning.
However, preference may be given to qualified | ||||||
25 | applicants enrolled at or above
the
junior level.
| ||||||
26 | (c) Each minority teacher scholarship awarded under this |
| |||||||
| |||||||
1 | Section shall
be in an amount sufficient to pay the tuition and | ||||||
2 | fees and room and board
costs of the qualified Illinois | ||||||
3 | institution of higher learning at which the
recipient is | ||||||
4 | enrolled, up to an annual maximum of $5,000;
except that
in
the | ||||||
5 | case of a recipient who does not reside on-campus at the | ||||||
6 | institution at
which he or she is enrolled, the amount of the | ||||||
7 | scholarship shall be
sufficient to pay tuition and fee | ||||||
8 | expenses and a commuter allowance, up to
an annual maximum of | ||||||
9 | $5,000.
However, if at least $2,850,000 is appropriated in a | ||||||
10 | given fiscal year for the Minority Teachers of Illinois | ||||||
11 | scholarship program, then, in each fiscal year thereafter, | ||||||
12 | each scholarship awarded under this Section shall
be in an | ||||||
13 | amount sufficient to pay the tuition and fees and room and | ||||||
14 | board
costs of the qualified Illinois institution of higher | ||||||
15 | learning at which the
recipient is enrolled, up to an annual | ||||||
16 | maximum of $7,500;
except that
in
the case of a recipient who | ||||||
17 | does not reside on-campus at the institution at
which he or she | ||||||
18 | is enrolled, the amount of the scholarship shall be
sufficient | ||||||
19 | to pay tuition and fee expenses and a commuter allowance, up to
| ||||||
20 | an annual maximum of $7,500.
| ||||||
21 | (d) The total amount of minority teacher scholarship | ||||||
22 | assistance awarded by
the Commission under this Section to an | ||||||
23 | individual in any given fiscal
year, when added to other | ||||||
24 | financial assistance awarded to that individual
for that year, | ||||||
25 | shall not exceed the cost of attendance at the institution
at | ||||||
26 | which the student is enrolled. If the amount of minority |
| |||||||
| |||||||
1 | teacher
scholarship to be awarded to a qualified student as | ||||||
2 | provided in
subsection (c) of this Section exceeds the cost of | ||||||
3 | attendance at the
institution at which the student is | ||||||
4 | enrolled, the minority teacher
scholarship shall be reduced by | ||||||
5 | an amount equal to the amount by which the
combined financial | ||||||
6 | assistance available to the student exceeds the cost
of | ||||||
7 | attendance.
| ||||||
8 | (e) The maximum number of academic terms for which a | ||||||
9 | qualified
student
can receive minority teacher scholarship | ||||||
10 | assistance shall be 8 semesters or
12 quarters.
| ||||||
11 | (f) In any academic year for which an eligible applicant | ||||||
12 | under this
Section accepts financial assistance through the | ||||||
13 | Paul Douglas Teacher
Scholarship Program, as authorized by | ||||||
14 | Section 551 et seq. of the Higher
Education Act of 1965, the | ||||||
15 | applicant shall not be eligible for scholarship
assistance | ||||||
16 | awarded under this Section.
| ||||||
17 | (g) All applications for minority teacher scholarships to | ||||||
18 | be awarded
under this Section shall be made to the Commission | ||||||
19 | on forms which the
Commission shall provide for eligible | ||||||
20 | applicants. The form of applications
and the information | ||||||
21 | required to be set forth therein shall be determined by
the | ||||||
22 | Commission, and the Commission shall require eligible | ||||||
23 | applicants to
submit with their applications such supporting | ||||||
24 | documents or recommendations
as the Commission deems | ||||||
25 | necessary.
| ||||||
26 | (h) Subject to a separate appropriation for such purposes, |
| |||||||
| |||||||
1 | payment of
any minority teacher scholarship awarded under this | ||||||
2 | Section shall be
determined by the Commission. All scholarship | ||||||
3 | funds distributed in
accordance with this subsection shall be | ||||||
4 | paid to the institution and used
only for payment of the | ||||||
5 | tuition and fee and room and board expenses
incurred by the | ||||||
6 | student in connection with his or her attendance at a | ||||||
7 | qualified Illinois institution of higher
learning. Any | ||||||
8 | minority teacher scholarship awarded under this Section
shall | ||||||
9 | be applicable to 2 semesters or 3 quarters of enrollment. If a
| ||||||
10 | qualified student withdraws from enrollment prior to | ||||||
11 | completion of the
first semester or quarter for which the | ||||||
12 | minority teacher scholarship is
applicable, the school shall | ||||||
13 | refund to the Commission the full amount of the
minority | ||||||
14 | teacher scholarship.
| ||||||
15 | (i) The Commission shall administer the minority teacher | ||||||
16 | scholarship aid
program established by this Section and shall | ||||||
17 | make all necessary and proper
rules not inconsistent with this | ||||||
18 | Section for its effective implementation.
| ||||||
19 | (j) When an appropriation to the Commission for a given | ||||||
20 | fiscal year is
insufficient to provide scholarships to all | ||||||
21 | qualified students, the
Commission shall allocate the | ||||||
22 | appropriation in accordance with this
subsection. If funds are | ||||||
23 | insufficient to provide all qualified students
with a | ||||||
24 | scholarship as authorized by this Section, the Commission | ||||||
25 | shall
allocate the available scholarship funds for that fiscal | ||||||
26 | year to qualified students who submit a complete application |
| |||||||
| |||||||
1 | form on or before a date specified by the Commission based on | ||||||
2 | the following order of priority: | ||||||
3 | (1) To students who received a scholarship under this | ||||||
4 | Section in the prior academic year and who remain eligible | ||||||
5 | for a minority teacher scholarship under this Section. | ||||||
6 | (2) Except as otherwise provided in subsection (k), to | ||||||
7 | students who demonstrate financial need, as determined by | ||||||
8 | the Commission.
| ||||||
9 | (k) Notwithstanding paragraph (2) of subsection (j), at | ||||||
10 | least 35% of the funds appropriated for
scholarships awarded | ||||||
11 | under this Section in each fiscal year shall be reserved
for | ||||||
12 | qualified male minority applicants, with priority being given | ||||||
13 | to qualified Black male applicants beginning with fiscal year | ||||||
14 | 2023.
If the Commission does not receive enough applications | ||||||
15 | from qualified male
minorities on or before
January 1 of each | ||||||
16 | fiscal year to award 35% of the funds appropriated for these
| ||||||
17 | scholarships to qualified
male minority applicants, then the | ||||||
18 | Commission may award a portion of the
reserved funds to | ||||||
19 | qualified
female minority applicants in accordance with | ||||||
20 | subsection (j).
| ||||||
21 | Beginning with fiscal year 2023, if at least $2,850,000 | ||||||
22 | but less than $4,200,000 is appropriated in a given fiscal | ||||||
23 | year for scholarships awarded under this Section, then at | ||||||
24 | least 10% of the funds appropriated shall be reserved for | ||||||
25 | qualified bilingual minority applicants, with priority being | ||||||
26 | given to qualified bilingual minority applicants who are |
| |||||||
| |||||||
1 | enrolled in an educator preparation program with a | ||||||
2 | concentration in bilingual, bicultural education. Beginning | ||||||
3 | with fiscal year 2023, if at least $4,200,000 is appropriated | ||||||
4 | in a given fiscal year for the Minority Teachers of Illinois | ||||||
5 | scholarship program, then at least 30% of the funds | ||||||
6 | appropriated shall be reserved for qualified bilingual | ||||||
7 | minority applicants, with priority being given to qualified | ||||||
8 | bilingual minority applicants who are enrolled in an educator | ||||||
9 | preparation program with a concentration in bilingual, | ||||||
10 | bicultural education. Beginning with fiscal year 2023, if at | ||||||
11 | least $2,850,000 is appropriated in a given fiscal year for | ||||||
12 | scholarships awarded under this Section but the Commission | ||||||
13 | does not receive enough applications from qualified bilingual | ||||||
14 | minority applicants on or before January 1 of that fiscal year | ||||||
15 | to award at least 10% of the funds appropriated to qualified | ||||||
16 | bilingual minority applicants, then the Commission may, in its | ||||||
17 | discretion, award a portion of the reserved funds to other | ||||||
18 | qualified students in accordance with subsection (j).
| ||||||
19 | (l) Prior to receiving scholarship assistance for any | ||||||
20 | academic year,
each recipient of a minority teacher | ||||||
21 | scholarship awarded under this Section
shall be required by | ||||||
22 | the Commission to sign an agreement under which the
recipient | ||||||
23 | pledges that, within the one-year period following the
| ||||||
24 | termination
of the program for which the recipient was awarded | ||||||
25 | a minority
teacher scholarship, the recipient (i) shall begin | ||||||
26 | teaching for a
period of not less
than one year for each year |
| |||||||
| |||||||
1 | of scholarship assistance he or she was awarded
under this | ||||||
2 | Section; (ii) shall fulfill this teaching obligation at a
| ||||||
3 | nonprofit Illinois public, private, or parochial preschool, | ||||||
4 | elementary school,
or secondary school at which no less than | ||||||
5 | 30% of the enrolled students are
minority students in the year | ||||||
6 | during which the recipient begins teaching at the
school or | ||||||
7 | may instead, if the recipient received a scholarship as a | ||||||
8 | qualified bilingual minority applicant, fulfill this teaching | ||||||
9 | obligation in a program in transitional bilingual education | ||||||
10 | pursuant to Article 14C of the School Code or in a school in | ||||||
11 | which 20 or more English learner students in the same language | ||||||
12 | classification are enrolled; and (iii) shall, upon request by | ||||||
13 | the Commission, provide the Commission
with evidence that he | ||||||
14 | or she is fulfilling or has fulfilled the terms of the
teaching | ||||||
15 | agreement provided for in this subsection.
| ||||||
16 | (m) If a recipient of a minority teacher scholarship | ||||||
17 | awarded under this
Section fails to fulfill the teaching | ||||||
18 | obligation set forth in subsection
(l) of this Section, the | ||||||
19 | Commission shall require the recipient to repay
the amount of | ||||||
20 | the scholarships received, prorated according to the fraction
| ||||||
21 | of the teaching obligation not completed, at a rate of | ||||||
22 | interest equal to
5%, and, if applicable, reasonable | ||||||
23 | collection fees.
The Commission is authorized to establish | ||||||
24 | rules relating to its collection
activities for repayment of | ||||||
25 | scholarships under this Section. All repayments
collected | ||||||
26 | under this Section shall be forwarded to the State Comptroller |
| |||||||
| |||||||
1 | for
deposit into the State's General Revenue Fund.
| ||||||
2 | (n) A recipient of minority teacher scholarship shall not | ||||||
3 | be considered
in violation of the agreement entered into | ||||||
4 | pursuant to subsection (l) if
the recipient (i) enrolls on a | ||||||
5 | full time basis as a graduate student in a
course of study | ||||||
6 | related to the field of teaching at a qualified Illinois
| ||||||
7 | institution of higher learning; (ii) is serving, not in excess | ||||||
8 | of 3 years,
as a member of the armed services of the United | ||||||
9 | States; (iii) is
a person with a temporary total disability | ||||||
10 | for a period of time not to exceed 3 years as
established by | ||||||
11 | sworn affidavit of a qualified physician; (iv) is seeking
and | ||||||
12 | unable to find full time employment as a teacher at an Illinois | ||||||
13 | public,
private, or parochial preschool or elementary or | ||||||
14 | secondary school that
satisfies the
criteria set forth in | ||||||
15 | subsection (l) of this Section and is able to provide
evidence | ||||||
16 | of that fact; (v) becomes a person with a permanent total | ||||||
17 | disability as
established by sworn affidavit of a qualified | ||||||
18 | physician; (vi) is taking additional courses, on at least a | ||||||
19 | half-time basis, needed to obtain licensure as a teacher in | ||||||
20 | Illinois; or (vii) is fulfilling teaching requirements | ||||||
21 | associated with other programs administered by the Commission | ||||||
22 | and cannot concurrently fulfill them under this Section in a | ||||||
23 | period of time equal to the length of the teaching obligation.
| ||||||
24 | (o) Scholarship recipients under this Section who withdraw | ||||||
25 | from
a program of teacher education but remain enrolled in | ||||||
26 | school
to continue their postsecondary studies in another |
| |||||||
| |||||||
1 | academic discipline shall
not be required to commence | ||||||
2 | repayment of their Minority Teachers of Illinois
scholarship | ||||||
3 | so long as they remain enrolled in school on a full-time basis | ||||||
4 | or
if they can document for the Commission special | ||||||
5 | circumstances that warrant
extension of repayment.
| ||||||
6 | (p) If the Minority Teachers of Illinois scholarship | ||||||
7 | program does not expend at least 90% of the amount | ||||||
8 | appropriated for the program in a given fiscal year for 3 | ||||||
9 | consecutive fiscal years and the Commission does not receive | ||||||
10 | enough applications from the groups identified in subsection | ||||||
11 | (k) on or before January 1 in each of those fiscal years to | ||||||
12 | meet the percentage reserved for those groups under subsection | ||||||
13 | (k), then up to 3% of amount appropriated for the program for | ||||||
14 | each of next 3 fiscal years shall be allocated to increasing | ||||||
15 | awareness of the program and for the recruitment of Black male | ||||||
16 | applicants. The Commission shall make a recommendation to the | ||||||
17 | General Assembly by January 1 of the year immediately | ||||||
18 | following the end of that third fiscal year regarding whether | ||||||
19 | the amount allocated to increasing awareness and recruitment | ||||||
20 | should continue. | ||||||
21 | (q) Each qualified Illinois institution of higher learning | ||||||
22 | that receives funds from the Minority Teachers of Illinois | ||||||
23 | scholarship program shall host an annual information session | ||||||
24 | at the institution about the program for teacher candidates of | ||||||
25 | color in accordance with rules adopted by the Commission. | ||||||
26 | Additionally, the institution shall ensure that each |
| |||||||
| |||||||
1 | scholarship recipient enrolled at the institution meets with | ||||||
2 | an academic advisor at least once per academic year to | ||||||
3 | facilitate on-time completion of the recipient's educator | ||||||
4 | preparation program. | ||||||
5 | (r) The changes made to this Section by Public Act 101-654 | ||||||
6 | this amendatory Act of the 101st General Assembly will first | ||||||
7 | take effect with awards made for the 2022-2023 academic year. | ||||||
8 | (Source: P.A. 101-654, eff. 3-8-21; 102-465, eff. 1-1-22; | ||||||
9 | revised 9-28-21.)
| ||||||
10 | (110 ILCS 947/65.110) | ||||||
11 | Sec. 65.110. Post-Master of Social Work School Social Work | ||||||
12 | Professional Educator License scholarship. | ||||||
13 | (a) Subject to appropriation, beginning with awards for | ||||||
14 | the 2022-2023 academic year, the Commission shall award | ||||||
15 | annually up to 250 Post-Master of Social Work School Social | ||||||
16 | Work Professional Educator License scholarships to a person | ||||||
17 | who: | ||||||
18 | (1) holds a valid Illinois-licensed clinical social | ||||||
19 | work license or social work license; | ||||||
20 | (2) has obtained a master's degree in social work from | ||||||
21 | an approved program; | ||||||
22 | (3) is a United States citizen or eligible noncitizen; | ||||||
23 | and | ||||||
24 | (4) submits an application to the Commission for such | ||||||
25 | scholarship and agrees to take courses to obtain an |
| |||||||
| |||||||
1 | Illinois Professional Educator License with an endorsement | ||||||
2 | in School Social Work. | ||||||
3 | (b) If an appropriation for this Section for a given | ||||||
4 | fiscal year is insufficient to provide scholarships to all | ||||||
5 | qualified applicants, the Commission shall allocate the | ||||||
6 | appropriation in accordance with this subsection (b). If funds | ||||||
7 | are insufficient to provide all qualified applicants with a | ||||||
8 | scholarship as authorized by this Section, the Commission | ||||||
9 | shall allocate the available scholarship funds for that fiscal | ||||||
10 | year to qualified applicants who submit a complete application | ||||||
11 | on or before a date specified by the Commission, based on the | ||||||
12 | following order of priority: | ||||||
13 | (1) firstly, to students who received a scholarship | ||||||
14 | under this Section in the prior academic year and who | ||||||
15 | remain eligible for a scholarship under this Section; | ||||||
16 | (2) secondly, to new, qualified applicants who are | ||||||
17 | members of a racial minority, as defined in subsection | ||||||
18 | (c); and | ||||||
19 | (3) finally, to other new, qualified applicants in | ||||||
20 | accordance with this Section. | ||||||
21 | (c) Scholarships awarded under this Section shall be | ||||||
22 | issued pursuant to rules adopted by the Commission. In | ||||||
23 | awarding scholarships, the Commission shall give priority to | ||||||
24 | those applicants who are members of a racial minority. Racial | ||||||
25 | minorities are underrepresented as school social workers in | ||||||
26 | elementary and secondary schools in this State, and the |
| |||||||
| |||||||
1 | General Assembly finds that it is in the interest of this State | ||||||
2 | to provide them with priority consideration for programs that | ||||||
3 | encourage their participation in this field and thereby foster | ||||||
4 | a profession that is more reflective of the diversity of | ||||||
5 | Illinois students and the parents they will serve. A more | ||||||
6 | reflective workforce in school social work allows improved | ||||||
7 | outcomes for students and a better utilization of services. | ||||||
8 | Therefore, the Commission shall give priority to those | ||||||
9 | applicants who are members of a racial minority. In this | ||||||
10 | subsection (c), "racial minority" means a person who is a | ||||||
11 | citizen of the United States or a lawful permanent resident | ||||||
12 | alien of the United States and who is: | ||||||
13 | (1) Black (a person having origins in any of the black | ||||||
14 | racial groups in Africa); | ||||||
15 | (2) Hispanic (a person of Spanish or Portuguese | ||||||
16 | culture with origins in Mexico, South or Central America, | ||||||
17 | or the Caribbean Islands, regardless of race); | ||||||
18 | (3) Asian American (a person having origins in any of | ||||||
19 | the original peoples of the Far East, Southeast Asia, the | ||||||
20 | Indian Subcontinent, or the Pacific Islands); or | ||||||
21 | (4) American Indian or Alaskan Native (a person having | ||||||
22 | origins in any of the original peoples of North America). | ||||||
23 | (d) Each scholarship shall be applied to the payment of | ||||||
24 | tuition and mandatory fees at the University of Illinois, | ||||||
25 | Southern Illinois University, Chicago State University, | ||||||
26 | Eastern Illinois University, Governors State University, |
| |||||||
| |||||||
1 | Illinois State University, Northeastern Illinois University, | ||||||
2 | Northern Illinois University, and Western Illinois University. | ||||||
3 | Each scholarship may be applied to pay tuition and mandatory | ||||||
4 | fees required to obtain an Illinois Professional Educator | ||||||
5 | License with an endorsement in School Social Work. | ||||||
6 | (e) The Commission shall make tuition and fee payments | ||||||
7 | directly to the qualified institution of higher learning that | ||||||
8 | the applicant attends. | ||||||
9 | (f) Any person who has accepted a scholarship under this | ||||||
10 | Section must, within one year after graduation or termination | ||||||
11 | of enrollment in a Post-Master of Social Work Professional | ||||||
12 | Education License with an endorsement in School Social Work | ||||||
13 | program, begin working as a school social worker at a public or | ||||||
14 | nonpublic not-for-profit preschool, elementary school, or | ||||||
15 | secondary school located in this State for at least 2 of the 5 | ||||||
16 | years immediately following that graduation or termination, | ||||||
17 | excluding, however, from the computation of that 5-year | ||||||
18 | period: (i) any time up to 3 years spent in the military | ||||||
19 | service, whether such service occurs before or after the | ||||||
20 | person graduates; (ii) the time that person is a person with a | ||||||
21 | temporary total disability for a period of time not to exceed 3 | ||||||
22 | years, as established by the sworn affidavit of a qualified | ||||||
23 | physician; and (iii) the time that person is seeking and | ||||||
24 | unable to find full-time employment as a school social worker | ||||||
25 | at a State public or nonpublic not-for-profit preschool, | ||||||
26 | elementary school, or secondary school. |
| |||||||
| |||||||
1 | (g) If a recipient of a scholarship under this Section | ||||||
2 | fails to fulfill the work obligation set forth in subsection | ||||||
3 | (f), the Commission shall require the recipient to repay the | ||||||
4 | amount of the scholarships received, prorated according to the | ||||||
5 | fraction of the obligation not completed, at a rate of | ||||||
6 | interest equal to 5%, and, if applicable, reasonable | ||||||
7 | collection fees. The Commission is authorized to establish | ||||||
8 | rules relating to its collection activities for repayment of | ||||||
9 | scholarships under this Section. All repayments collected | ||||||
10 | under this Section shall be forwarded to the State Comptroller | ||||||
11 | for deposit into this State's General Revenue Fund. | ||||||
12 | A recipient of a scholarship under this Section is not | ||||||
13 | considered to be in violation of the failure to fulfill the | ||||||
14 | work obligation under subsection (f) if the recipient (i) | ||||||
15 | enrolls on a full-time basis as a graduate student in a course | ||||||
16 | of study related to the field of social work at a qualified | ||||||
17 | Illinois institution of higher learning; (ii) is serving, not | ||||||
18 | in excess of 3 years, as a member of the armed services of the | ||||||
19 | United States; (iii) is a person with a temporary total | ||||||
20 | disability for a period of time not to exceed 3 years, as | ||||||
21 | established by the sworn affidavit of a qualified physician; | ||||||
22 | (iv) is seeking and unable to find full-time employment as a | ||||||
23 | school social worker at an Illinois public or nonpublic | ||||||
24 | not-for-profit preschool, elementary school, or secondary | ||||||
25 | school that satisfies the criteria set forth in subsection (f) | ||||||
26 | and is able to provide evidence of that fact; or (v) becomes a |
| |||||||
| |||||||
1 | person with a permanent total disability, as established by | ||||||
2 | the sworn affidavit of a qualified physician.
| ||||||
3 | (Source: P.A. 102-621, eff. 1-1-22.)
| ||||||
4 | (110 ILCS 947/65.115)
| ||||||
5 | (This Section may contain text from a Public Act with a | ||||||
6 | delayed effective date ) | ||||||
7 | Sec. 65.115 65.110 . School Social Work Shortage Loan | ||||||
8 | Repayment Program. | ||||||
9 | (a) To encourage Illinois students to work, and to | ||||||
10 | continue to work, as a school social worker in public school | ||||||
11 | districts in this State, the Commission shall, each year, | ||||||
12 | receive and consider applications for loan repayment | ||||||
13 | assistance under this Section. This program shall be known as | ||||||
14 | the School Social Work Shortage Loan Repayment Program. The | ||||||
15 | Commission shall administer the program and shall adopt all | ||||||
16 | necessary and proper rules to effectively implement the | ||||||
17 | program. | ||||||
18 | (b) Beginning July 1, 2022, subject to a separate | ||||||
19 | appropriation made for such purposes, the Commission shall | ||||||
20 | award a grant, up to a maximum of $6,500, to each qualified | ||||||
21 | applicant. The Commission may encourage the recipient of a | ||||||
22 | grant under this Section to use the grant award for repayment | ||||||
23 | of the recipient's educational loan. If an appropriation for | ||||||
24 | this program for a given fiscal year is insufficient to | ||||||
25 | provide grants to all qualified applicants, the Commission |
| |||||||
| |||||||
1 | shall allocate the appropriation in accordance with this | ||||||
2 | subsection. If funds are insufficient to provide all qualified | ||||||
3 | applicants with a grant as authorized by this Section, the | ||||||
4 | Commission shall allocate the available grant funds for that | ||||||
5 | fiscal year to qualified applicants who submit a complete | ||||||
6 | application on or before a date specified by the Commission, | ||||||
7 | based on the following order of priority: | ||||||
8 | (1) first, to new, qualified applicants who are | ||||||
9 | members of a racial minority as defined in subsection (e); | ||||||
10 | and | ||||||
11 | (2) second, to other new, qualified applicants in | ||||||
12 | accordance with this Section. | ||||||
13 | (c) A person is a qualified applicant under this Section | ||||||
14 | if he or she meets all of the following qualifications: | ||||||
15 | (1) The person is a United States citizen or eligible | ||||||
16 | noncitizen. | ||||||
17 | (2) The person is a resident of this State. | ||||||
18 | (3) The person is a borrower with an outstanding | ||||||
19 | balance due on an educational loan related to obtaining a | ||||||
20 | degree in social work. | ||||||
21 | (4) The person has been employed as a school social | ||||||
22 | worker by a public elementary school or secondary school | ||||||
23 | in this State for at least 12 consecutive months. | ||||||
24 | (5) The person is currently employed as a school | ||||||
25 | social worker by a public elementary school or secondary | ||||||
26 | school in this State. |
| |||||||
| |||||||
1 | (d) An applicant shall submit an application, in a form | ||||||
2 | determined by the Commission, for grant assistance under this | ||||||
3 | Section to the Commission. An applicant is required to submit, | ||||||
4 | with the application, supporting documentation as the | ||||||
5 | Commission may deem necessary. | ||||||
6 | (e) Racial minorities are underrepresented as school | ||||||
7 | social workers in elementary and secondary schools in | ||||||
8 | Illinois, and the General Assembly finds that it is in the | ||||||
9 | interest of this State to provide them priority consideration | ||||||
10 | for programs that encourage their participation in this field | ||||||
11 | and thereby foster a profession that is more reflective of the | ||||||
12 | diversity of Illinois students and parents they will serve. A | ||||||
13 | more reflective workforce in school social work allows | ||||||
14 | improved outcomes for students and a better utilization of | ||||||
15 | services. Therefore, the Commission shall give priority to | ||||||
16 | those applicants who are members of a racial minority. In this | ||||||
17 | subsection (e), "racial minority" means a person who is a | ||||||
18 | citizen of the United States or a lawful permanent resident | ||||||
19 | alien of the United States and who is: | ||||||
20 | (1) Black (a person having origins in any of the black
| ||||||
21 | racial groups in Africa); | ||||||
22 | (2) Hispanic (a person of Spanish or Portuguese
| ||||||
23 | culture with origins in Mexico, South or Central America,
| ||||||
24 | or the Caribbean Islands, regardless of race); | ||||||
25 | (3) Asian American (a person having origins in any of
| ||||||
26 | the original peoples of the Far East, Southeast Asia, the
|
| |||||||
| |||||||
1 | Indian Subcontinent, or the Pacific Islands); or | ||||||
2 | (4) American Indian or Alaskan Native (a person having
| ||||||
3 | origins in any of the original peoples of North America).
| ||||||
4 | (Source: P.A. 102-622, eff. 7-1-22; revised 11-10-21.)
| ||||||
5 | Section 390. The Know Before You Owe Private Education | ||||||
6 | Loan Act is amended by changing Section 15 as follows: | ||||||
7 | (110 ILCS 983/15)
| ||||||
8 | Sec. 15. Provision of information. | ||||||
9 | (a) Provision of loan statement to borrowers. | ||||||
10 | (1) Loan statement. A private educational lender that | ||||||
11 | disburses any funds with respect to a private education | ||||||
12 | loan described in this Section shall send loan statements , | ||||||
13 | to the borrowers of those funds not less than once every 3 | ||||||
14 | months during the time that the borrower is enrolled at an | ||||||
15 | institution of higher education. | ||||||
16 | (2) Contents of statements for income share | ||||||
17 | agreements. Each statement described in
subparagraph (1) | ||||||
18 | with respect to income share agreements, shall: | ||||||
19 | (A) report the consumer's total amounts financed | ||||||
20 | under each income share
agreement; | ||||||
21 | (B) report the percentage of income payable under | ||||||
22 | each income share agreement; | ||||||
23 | (C) report the maximum number of monthly payments | ||||||
24 | required to be paid under
each income share agreement; |
| |||||||
| |||||||
1 | (D) report the maximum amount payable under each | ||||||
2 | income share agreement; | ||||||
3 | (E) report the maximum duration of each income | ||||||
4 | share agreement; | ||||||
5 | (F) report the minimum annual income above which | ||||||
6 | payments are required under
each income share | ||||||
7 | agreement; and | ||||||
8 | (G) report the annual percentage rate for each | ||||||
9 | income share agreement at the
minimum annual income | ||||||
10 | above which payments are required and at $10,000 | ||||||
11 | income
increments thereafter up to the annual income | ||||||
12 | where the maximum number of monthly
payments results | ||||||
13 | in the maximum amount payable. | ||||||
14 | (3) Contents of all other loan statements. Each | ||||||
15 | statement described in subparagraph (1) that does not fall | ||||||
16 | under subparagraph (2) shall: | ||||||
17 | (A) report the borrower's total remaining debt to | ||||||
18 | the private educational lender, including accrued but | ||||||
19 | unpaid interest and capitalized interest; | ||||||
20 | (B) report any debt increases since the last | ||||||
21 | statement; and | ||||||
22 | (C) list the current annual percentage rate for | ||||||
23 | each loan. | ||||||
24 | (b) Certification of exhaustion of federal student loan | ||||||
25 | funds to private educational lender. Upon the request of a | ||||||
26 | private educational lender, acting in connection with an |
| |||||||
| |||||||
1 | application initiated by a borrower for a private education | ||||||
2 | loan in accordance with Section 5, the institution of higher | ||||||
3 | education shall within 15 days of receipt of the request | ||||||
4 | provide certification to such private educational lender: | ||||||
5 | (1) that the borrower who initiated the application | ||||||
6 | for the private education loan, or on whose behalf the | ||||||
7 | application was initiated, is enrolled or is scheduled to | ||||||
8 | enroll at the institution of higher education; | ||||||
9 | (2) of the borrower's cost of attendance at the | ||||||
10 | institution of higher education as determined under | ||||||
11 | paragraph (2) of subsection (a) of this Section; | ||||||
12 | (3) of the difference between: | ||||||
13 | (A) the cost of attendance at the institution of | ||||||
14 | higher education; and | ||||||
15 | (B) the borrower's estimated financial assistance | ||||||
16 | received under the federal Higher Education Act of | ||||||
17 | 1965 and other assistance known to the institution of | ||||||
18 | higher education, as applicable; | ||||||
19 | (4) that the institution of higher education has | ||||||
20 | received the request for certification and will need | ||||||
21 | additional time to comply with the certification request; | ||||||
22 | and | ||||||
23 | (5) if applicable, that the institution of higher | ||||||
24 | education is refusing to certify the private education | ||||||
25 | loan. | ||||||
26 | (c) Certification of exhaustion of federal student loan |
| |||||||
| |||||||
1 | funds to borrower. With respect to a certification request | ||||||
2 | described under subsection (b), and prior to providing such | ||||||
3 | certification in paragraph (1) of subsection (b) or providing | ||||||
4 | notice of the refusal to provide certification under paragraph | ||||||
5 | (5) of subsection (b), the institution of higher education | ||||||
6 | shall: | ||||||
7 | (1) determine whether the borrower who initiated the | ||||||
8 | application for the private education loan, or on whose | ||||||
9 | behalf the application was initiated, has applied for and | ||||||
10 | exhausted the federal financial assistance available to | ||||||
11 | such borrower under the federal Higher Education Act of | ||||||
12 | 1965 and inform the borrower accordingly; | ||||||
13 | (2) provide the borrower whose loan application has | ||||||
14 | prompted the certification request by a private | ||||||
15 | educational lender, as described in paragraph (1) of | ||||||
16 | subsection (b), with the following information and | ||||||
17 | disclosures: | ||||||
18 | (A) the amount of additional federal student | ||||||
19 | assistance for which the borrower is eligible and the | ||||||
20 | advantages of federal loans under the federal Higher | ||||||
21 | Education Act of 1965, including disclosure of income | ||||||
22 | driven repayment options, fixed interest rates, | ||||||
23 | deferments, flexible repayment options, loan | ||||||
24 | forgiveness programs, additional protections, and the | ||||||
25 | higher student loan limits for dependent borrowers | ||||||
26 | whose parents are not eligible for a Federal Direct |
| |||||||
| |||||||
1 | PLUS Loan; | ||||||
2 | (B) the borrower's ability to select a private | ||||||
3 | educational lender of the borrower's choice; | ||||||
4 | (C) the impact of a proposed private education | ||||||
5 | loan on the borrower's potential eligibility for other | ||||||
6 | financial assistance, including federal financial | ||||||
7 | assistance under the federal Higher Education Act; and | ||||||
8 | (D) the borrower's right to accept or reject a | ||||||
9 | private education loan within the 30-day period | ||||||
10 | following a private educational lender's approval of a | ||||||
11 | borrower's application and the borrower's 3-day right | ||||||
12 | to cancel period; and | ||||||
13 | (3) Any institution of higher education that is also | ||||||
14 | acting as a private educational lender shall provide the | ||||||
15 | certification of exhaustion of federal student loan funds | ||||||
16 | described in paragraphs (1) and (2) of this subsection (c) | ||||||
17 | to the borrower prior to disbursing funds to the borrower. | ||||||
18 | Any institution of higher education that is not eligible | ||||||
19 | for funding under Title IV of the federal Higher
Education | ||||||
20 | Act of 1965 is not required to provide this certification | ||||||
21 | to the borrower.
| ||||||
22 | (Source: P.A. 102-583, eff. 8-26-21; revised 11-29-21.) | ||||||
23 | Section 395. The Illinois Educational Labor Relations Act | ||||||
24 | is amended by changing Section 14 as follows:
|
| |||||||
| |||||||
1 | (115 ILCS 5/14) (from Ch. 48, par. 1714)
| ||||||
2 | Sec. 14. Unfair labor practices.
| ||||||
3 | (a) Educational employers, their agents
or representatives | ||||||
4 | are prohibited from:
| ||||||
5 | (1) Interfering, restraining or coercing employees in | ||||||
6 | the exercise of
the rights guaranteed under this Act.
| ||||||
7 | (2) Dominating or interfering with the formation, | ||||||
8 | existence or
administration of any employee organization.
| ||||||
9 | (3) Discriminating in regard to hire or tenure of | ||||||
10 | employment or any term
or condition of employment to | ||||||
11 | encourage or discourage membership in any
employee | ||||||
12 | organization.
| ||||||
13 | (4) Discharging or otherwise discriminating against an | ||||||
14 | employee because
he or she has signed or filed an | ||||||
15 | affidavit, authorization card, petition or
complaint or | ||||||
16 | given any information or testimony under this Act.
| ||||||
17 | (5) Refusing to bargain collectively in good faith | ||||||
18 | with an employee
representative which is the exclusive | ||||||
19 | representative of employees in an
appropriate unit, | ||||||
20 | including, but not limited to, the discussing of | ||||||
21 | grievances
with the exclusive representative; provided, | ||||||
22 | however, that if an alleged
unfair labor practice involves | ||||||
23 | interpretation or application of the terms
of a collective | ||||||
24 | bargaining agreement and said agreement contains a
| ||||||
25 | grievance and arbitration procedure, the Board may defer | ||||||
26 | the resolution of
such dispute to the grievance and |
| |||||||
| |||||||
1 | arbitration procedure contained in said
agreement.
| ||||||
2 | (6) Refusing to reduce a collective bargaining | ||||||
3 | agreement to writing and
signing such agreement.
| ||||||
4 | (7) Violating any of the rules and regulations | ||||||
5 | promulgated by the Board
regulating the conduct of | ||||||
6 | representation elections.
| ||||||
7 | (8) Refusing to comply with the provisions of a | ||||||
8 | binding arbitration award.
| ||||||
9 | (9) Expending or causing the expenditure of public | ||||||
10 | funds to any
external agent, individual, firm, agency, | ||||||
11 | partnership or association in any
attempt to influence the | ||||||
12 | outcome of representational elections held
pursuant to | ||||||
13 | paragraph (c) of Section 7 of this Act; provided, that | ||||||
14 | nothing
in this subsection shall be construed to limit an | ||||||
15 | employer's right to be
represented on any matter | ||||||
16 | pertaining to unit determinations, unfair labor
practice | ||||||
17 | charges or pre-election conferences in any formal or | ||||||
18 | informal
proceeding before the Board, or to seek or obtain | ||||||
19 | advice from legal counsel.
Nothing in this paragraph shall | ||||||
20 | be construed to prohibit an employer from
expending or | ||||||
21 | causing the expenditure of public funds on, or seeking or
| ||||||
22 | obtaining services or advice from, any organization, group | ||||||
23 | or association
established by, and including educational | ||||||
24 | or public employers, whether or
not covered by this Act, | ||||||
25 | the Illinois Public Labor Relations Act or the
public | ||||||
26 | employment labor relations law of any other state or the |
| |||||||
| |||||||
1 | federal
government, provided that such services or advice | ||||||
2 | are generally available
to the membership of the | ||||||
3 | organization, group, or association, and are not
offered | ||||||
4 | solely in an attempt to influence the outcome of a | ||||||
5 | particular
representational election.
| ||||||
6 | (10) Interfering with, restraining, coercing, | ||||||
7 | deterring or discouraging educational employees or | ||||||
8 | applicants to be educational employees from: (1) becoming | ||||||
9 | members of an employee organization; (2) authorizing | ||||||
10 | representation by an employee organization; or (3) | ||||||
11 | authorizing dues or fee deductions to an employee | ||||||
12 | organization, nor shall the employer intentionally permit | ||||||
13 | outside third parties to use its email or other | ||||||
14 | communications systems to engage in that conduct. An | ||||||
15 | employer's good faith implementation of a policy to block | ||||||
16 | the use of its email or other communication systems for | ||||||
17 | such purposes shall be a defense to an unfair labor | ||||||
18 | practice. | ||||||
19 | (11) Disclosing to any person or entity information | ||||||
20 | set forth in subsection (d) of Section 3 of this Act that | ||||||
21 | the employer knows or should know will be used to | ||||||
22 | interfere with, restrain, coerce, deter, or discourage any | ||||||
23 | public employee from: (i) becoming or remaining members of | ||||||
24 | a labor organization, (ii) authorizing representation by a | ||||||
25 | labor organization, or (iii) authorizing dues or fee | ||||||
26 | deductions to a labor organization. |
| |||||||
| |||||||
1 | (12) Promising, threatening, or taking any action (i) | ||||||
2 | to permanently replace an employee who participates in a | ||||||
3 | lawful strike under Section 13 of this Act, (ii) to | ||||||
4 | discriminate against an employee who is working or has | ||||||
5 | unconditionally offered to return to work for the employer | ||||||
6 | because the employee supported or participated in such as | ||||||
7 | a lawful strike, or
(iii) to lock out lockout , suspend, or | ||||||
8 | otherwise withhold from employment employees in order to | ||||||
9 | influence the position of such employees or the | ||||||
10 | representative of such employees in collective bargaining | ||||||
11 | prior to a lawful strike. | ||||||
12 | (b) Employee organizations, their agents or | ||||||
13 | representatives or educational
employees are prohibited from:
| ||||||
14 | (1) Restraining or coercing employees in the exercise | ||||||
15 | of the rights
guaranteed under this Act, provided that a | ||||||
16 | labor organization or its
agents shall commit an unfair | ||||||
17 | labor practice under this paragraph in duty
of fair | ||||||
18 | representation cases only by intentional misconduct in | ||||||
19 | representing
employees under this Act.
| ||||||
20 | (2) Restraining or coercing an educational employer in | ||||||
21 | the selection of
his representative for the purposes of | ||||||
22 | collective bargaining or the adjustment
of grievances.
| ||||||
23 | (3) Refusing to bargain collectively in good faith | ||||||
24 | with an educational
employer, if they have been designated | ||||||
25 | in accordance with the provisions
of this Act as the | ||||||
26 | exclusive representative of employees in an appropriate
|
| |||||||
| |||||||
1 | unit.
| ||||||
2 | (4) Violating any of the rules and regulations | ||||||
3 | promulgated by the Board
regulating the conduct of | ||||||
4 | representation elections.
| ||||||
5 | (5) Refusing to reduce a collective bargaining | ||||||
6 | agreement to writing and
signing such agreement.
| ||||||
7 | (6) Refusing to comply with the provisions of a | ||||||
8 | binding arbitration award.
| ||||||
9 | (c) The expressing of any views, argument, opinion or the
| ||||||
10 | dissemination thereof, whether in written, printed, graphic or | ||||||
11 | visual form,
shall not constitute or be evidence of an unfair | ||||||
12 | labor practice under any
of the provisions of this Act, if such | ||||||
13 | expression contains no threat of
reprisal or force or promise | ||||||
14 | of benefit.
| ||||||
15 | (c-5) The employer shall not discourage public employees | ||||||
16 | or applicants to be public employees from becoming or | ||||||
17 | remaining union members or authorizing dues deductions, and | ||||||
18 | shall not otherwise interfere with the relationship between | ||||||
19 | employees and their exclusive bargaining representative. The | ||||||
20 | employer shall refer all inquiries about union membership to | ||||||
21 | the exclusive bargaining representative, except that the | ||||||
22 | employer may communicate with employees regarding payroll | ||||||
23 | processes and procedures. The employer will establish email | ||||||
24 | policies in an effort to prohibit the use of its email system | ||||||
25 | by outside sources. | ||||||
26 | (d) The actions of a Financial Oversight Panel created |
| |||||||
| |||||||
1 | pursuant to Section
1A-8
of the School Code due to a district | ||||||
2 | violating a financial plan shall not
constitute or be evidence | ||||||
3 | of an unfair labor practice under any of the
provisions of this | ||||||
4 | Act. Such actions include, but are not limited to,
reviewing, | ||||||
5 | approving, or rejecting a school district budget or a | ||||||
6 | collective
bargaining agreement.
| ||||||
7 | (Source: P.A. 101-620, eff. 12-20-19; 102-588, eff. 8-20-21; | ||||||
8 | 102-596, eff. 8-27-21; revised 11-29-21.)
| ||||||
9 | Section 400. The Illinois Credit Union Act is amended by | ||||||
10 | changing Section 19 as follows:
| ||||||
11 | (205 ILCS 305/19) (from Ch. 17, par. 4420)
| ||||||
12 | Sec. 19. Meeting of members.
| ||||||
13 | (1)(a) The annual meeting shall be held each
year during | ||||||
14 | the months of January, February or March or such other month
as | ||||||
15 | may be approved by the Department. The meeting shall be held at | ||||||
16 | the
time, place and in the manner set forth in the bylaws. Any | ||||||
17 | special
meetings of the members of the credit union shall be | ||||||
18 | held at the time, place
and in the manner set forth in the | ||||||
19 | bylaws. Unless otherwise set forth in
this Act, quorum | ||||||
20 | requirements for meetings of members shall be established
by a | ||||||
21 | credit union in its bylaws. Notice of all meetings must be | ||||||
22 | given by
the secretary of the credit union at least 7 days | ||||||
23 | before the date of such
meeting, either by handing a written or | ||||||
24 | printed notice to each
member of the credit union, by mailing |
| |||||||
| |||||||
1 | the notice to the member at his address
as listed on the books | ||||||
2 | and records of the credit union, by posting a
notice of the | ||||||
3 | meeting in three conspicuous places, including the office
of | ||||||
4 | the credit union, by posting the notice of the meeting on the | ||||||
5 | credit union's website, or by disclosing the notice of the | ||||||
6 | meeting in membership newsletters or account statements.
| ||||||
7 | (b) Unless expressly prohibited by the articles of | ||||||
8 | incorporation or bylaws and subject to applicable requirements | ||||||
9 | of this Act, the board of directors may provide by resolution | ||||||
10 | that members may attend, participate in, act in, and vote at | ||||||
11 | any annual meeting or special meeting through the use of a | ||||||
12 | conference telephone or interactive technology, including, but | ||||||
13 | not limited to, electronic transmission, internet usage, or | ||||||
14 | remote communication, by means of which all persons | ||||||
15 | participating in the meeting can communicate with each other. | ||||||
16 | Participation through the use of a conference telephone or | ||||||
17 | interactive technology shall constitute attendance, presence, | ||||||
18 | and representation in person at the annual meeting or special | ||||||
19 | meeting of the person or persons so participating and count | ||||||
20 | towards the quorum required to conduct business at the | ||||||
21 | meeting. The following conditions shall apply to any virtual | ||||||
22 | meeting of the members: | ||||||
23 | (i) the credit union must internally possess or retain | ||||||
24 | the technological capacity to facilitate virtual meeting | ||||||
25 | attendance, participation, communication, and voting; and | ||||||
26 | (ii) the members must receive notice of the use of a |
| |||||||
| |||||||
1 | virtual meeting format and appropriate instructions for | ||||||
2 | joining, participating, and voting during the virtual | ||||||
3 | meeting at least 7 days before the virtual meeting. | ||||||
4 | (2) On all questions and at all elections, except election | ||||||
5 | of directors,
each member has one vote regardless of the | ||||||
6 | number of his shares. There
shall be no voting by proxy except | ||||||
7 | on the election of directors, proposals
for merger or | ||||||
8 | voluntary dissolution. Members may vote on questions, | ||||||
9 | including, without limitation, the approval of mergers and | ||||||
10 | voluntary dissolutions under this Act, and in elections by | ||||||
11 | secure electronic record if approved by the board of | ||||||
12 | directors. All voting on the election of directors
shall be by | ||||||
13 | ballot, but when there is no contest, written or electronic | ||||||
14 | ballots need not
be cast. The record date to be used for the | ||||||
15 | purpose of determining which
members are entitled to notice of | ||||||
16 | or to vote at any meeting of members,
may be fixed in advance | ||||||
17 | by the directors on a date not more than 90 days
nor less than | ||||||
18 | 10 days prior to the date of the meeting. If no record date
is | ||||||
19 | fixed by the directors, the first day on which notice of the | ||||||
20 | meeting
is given, mailed or posted is the record date.
| ||||||
21 | (3) Regardless of the number of shares owned by a society, | ||||||
22 | association,
club, partnership, other credit union or | ||||||
23 | corporation, having membership
in the credit union, it shall | ||||||
24 | be entitled to only
one vote and it may be represented and have | ||||||
25 | its vote cast by its
designated agent acting on its
behalf | ||||||
26 | pursuant
to a resolution
adopted by the organization's board |
| |||||||
| |||||||
1 | of directors or similar governing
authority;
provided that the | ||||||
2 | credit union shall obtain a certified copy of such resolution
| ||||||
3 | before such vote may be cast. | ||||||
4 | (4) A member may revoke a proxy by delivery to the credit | ||||||
5 | union of a written statement to that effect, by execution of a | ||||||
6 | subsequently dated proxy, by execution of a secure electronic | ||||||
7 | record, or by attendance at a meeting and voting in person.
| ||||||
8 | (5) As used in this Section, "electronic" and "electronic | ||||||
9 | record" have the meanings ascribed to those terms in the | ||||||
10 | Uniform Electronic Transactions Act. As used in this Section, | ||||||
11 | "secured electronic record" means an electronic record that | ||||||
12 | meets the criteria set forth in the Uniform Electronic | ||||||
13 | Transactions Act. | ||||||
14 | (Source: P.A. 102-38, eff. 6-25-21; 102-496, eff. 8-20-21; | ||||||
15 | revised 10-15-21.)
| ||||||
16 | Section 405. The Ambulatory Surgical Treatment Center Act | ||||||
17 | is amended by changing Section 6.9 as follows: | ||||||
18 | (210 ILCS 5/6.9) | ||||||
19 | Sec. 6.9. Surgical smoke plume evacuation. | ||||||
20 | (a) In this Section: | ||||||
21 | "Surgical smoke plume" means the by-product of the use of | ||||||
22 | energy-based devices on tissue during surgery and containing | ||||||
23 | hazardous materials, including, but not limited to, | ||||||
24 | bioaerosols bio-aeorsols , smoke, gases, tissue and cellular |
| |||||||
| |||||||
1 | fragments and particulates, and viruses. | ||||||
2 | "Surgical smoke plume evacuation system" means a dedicated | ||||||
3 | device that is designed to capture, transport, filter, and | ||||||
4 | neutralize surgical smoke plume at the site of origin and | ||||||
5 | before surgical smoke plume can make ocular contact, or | ||||||
6 | contact with the respiratory tract, of an employee. | ||||||
7 | (b) To protect patients and health care workers from the | ||||||
8 | hazards of surgical smoke plume, an ambulatory surgical | ||||||
9 | treatment center licensed under this Act shall adopt policies | ||||||
10 | to ensure the elimination of surgical smoke plume by use of a | ||||||
11 | surgical smoke plume evacuation system for each procedure that | ||||||
12 | generates surgical smoke plume from the use of energy-based | ||||||
13 | devices, including, but not limited to, electrosurgery and | ||||||
14 | lasers. | ||||||
15 | (c) An ambulatory surgical treatment center licensed under | ||||||
16 | this Act shall report to the Department within 90 days after | ||||||
17 | the effective date of this amendatory Act of the 102nd General | ||||||
18 | Assembly that policies under subsection (b) of this Section | ||||||
19 | have been adopted.
| ||||||
20 | (Source: P.A. 102-533, eff. 1-1-22; revised 11-22-21.) | ||||||
21 | Section 410. The Emergency Medical Services (EMS) Systems | ||||||
22 | Act is amended by changing Section 3.10 as follows:
| ||||||
23 | (210 ILCS 50/3.10)
| ||||||
24 | Sec. 3.10. Scope of services.
|
| |||||||
| |||||||
1 | (a) "Advanced Life Support (ALS) Services" means
an | ||||||
2 | advanced level of pre-hospital and inter-hospital emergency
| ||||||
3 | care and non-emergency medical services that includes basic | ||||||
4 | life
support care, cardiac monitoring, cardiac defibrillation,
| ||||||
5 | electrocardiography, intravenous therapy, administration of
| ||||||
6 | medications, drugs and solutions, use of adjunctive medical
| ||||||
7 | devices, trauma care, and other authorized techniques and
| ||||||
8 | procedures, as outlined in the provisions of the National EMS | ||||||
9 | Education Standards relating to Advanced Life Support and any | ||||||
10 | modifications to that curriculum
specified in rules adopted by | ||||||
11 | the Department pursuant to
this Act.
| ||||||
12 | That care shall be initiated as authorized by the EMS
| ||||||
13 | Medical Director in a Department approved advanced life
| ||||||
14 | support EMS System, under the written or verbal direction of
a | ||||||
15 | physician licensed to practice medicine in all of its
branches | ||||||
16 | or under the verbal direction of an Emergency
Communications | ||||||
17 | Registered Nurse.
| ||||||
18 | (b) "Intermediate Life Support (ILS) Services"
means an | ||||||
19 | intermediate level of pre-hospital and inter-hospital
| ||||||
20 | emergency care and non-emergency medical services that | ||||||
21 | includes
basic life support care plus intravenous cannulation | ||||||
22 | and
fluid therapy, invasive airway management, trauma care, | ||||||
23 | and
other authorized techniques and procedures, as outlined in
| ||||||
24 | the Intermediate Life Support national curriculum of the
| ||||||
25 | United States Department of Transportation and any
| ||||||
26 | modifications to that curriculum specified in rules adopted
by |
| |||||||
| |||||||
1 | the Department pursuant to this Act.
| ||||||
2 | That care shall be initiated as authorized by the EMS
| ||||||
3 | Medical Director in a Department approved intermediate or
| ||||||
4 | advanced life support EMS System, under the written or
verbal | ||||||
5 | direction of a physician licensed to practice
medicine in all | ||||||
6 | of its branches or under the verbal
direction of an Emergency | ||||||
7 | Communications Registered Nurse.
| ||||||
8 | (c) "Basic Life Support (BLS) Services" means a
basic | ||||||
9 | level of pre-hospital and inter-hospital emergency care and
| ||||||
10 | non-emergency medical services that includes medical | ||||||
11 | monitoring, clinical observation, airway management,
| ||||||
12 | cardiopulmonary resuscitation (CPR), control of shock and
| ||||||
13 | bleeding and splinting of fractures, as outlined in the | ||||||
14 | provisions of the National EMS Education Standards relating to | ||||||
15 | Basic Life Support and any modifications to that
curriculum | ||||||
16 | specified in rules adopted by the Department
pursuant to this | ||||||
17 | Act.
| ||||||
18 | That care shall be initiated, where authorized by the
EMS | ||||||
19 | Medical Director in a Department approved EMS System,
under | ||||||
20 | the written or verbal direction of a physician
licensed to | ||||||
21 | practice medicine in all of its branches or
under the verbal | ||||||
22 | direction of an Emergency Communications
Registered Nurse.
| ||||||
23 | (d) "Emergency Medical Responder Services" means a | ||||||
24 | preliminary
level of pre-hospital emergency care that includes
| ||||||
25 | cardiopulmonary resuscitation (CPR), monitoring vital signs
| ||||||
26 | and control of bleeding, as outlined in the Emergency Medical |
| |||||||
| |||||||
1 | Responder (EMR) curriculum of the National EMS Education | ||||||
2 | Standards
and any modifications to that curriculum specified | ||||||
3 | in rules
adopted by the Department pursuant to this Act.
| ||||||
4 | (e) "Pre-hospital care" means those
medical services | ||||||
5 | rendered to patients for analytic,
resuscitative, stabilizing, | ||||||
6 | or preventive purposes,
precedent to and during transportation | ||||||
7 | of such patients to
health care facilities.
| ||||||
8 | (f) "Inter-hospital care" means those
medical services | ||||||
9 | rendered to patients for
analytic, resuscitative, stabilizing, | ||||||
10 | or preventive
purposes, during transportation of such patients | ||||||
11 | from one
hospital to another hospital.
| ||||||
12 | (f-5) "Critical care transport" means the pre-hospital or | ||||||
13 | inter-hospital transportation of a critically injured or ill | ||||||
14 | patient by a vehicle service provider, including the provision | ||||||
15 | of medically necessary supplies and services, at a level of | ||||||
16 | service beyond the scope of the Paramedic. When medically | ||||||
17 | indicated for a patient, as determined by a physician licensed | ||||||
18 | to practice medicine in all of its branches, an advanced | ||||||
19 | practice registered nurse, or a physician physician's | ||||||
20 | assistant, in compliance with subsections (b) and (c) of | ||||||
21 | Section 3.155 of this Act, critical care transport may be | ||||||
22 | provided by: | ||||||
23 | (1) Department-approved critical care transport | ||||||
24 | providers, not owned or operated by a hospital, utilizing | ||||||
25 | Paramedics with additional training, nurses, or other | ||||||
26 | qualified health professionals; or |
| |||||||
| |||||||
1 | (2) Hospitals, when utilizing any vehicle service | ||||||
2 | provider or any hospital-owned or operated vehicle service | ||||||
3 | provider. Nothing in Public Act 96-1469 requires a | ||||||
4 | hospital to use, or to be, a Department-approved critical | ||||||
5 | care transport provider when transporting patients, | ||||||
6 | including those critically injured or ill. Nothing in this | ||||||
7 | Act shall restrict or prohibit a hospital from providing, | ||||||
8 | or arranging for, the medically appropriate transport of | ||||||
9 | any patient, as determined by a physician licensed to | ||||||
10 | practice in all of its branches, an advanced practice | ||||||
11 | registered nurse, or a physician physician's assistant. | ||||||
12 | (g) "Non-emergency medical services" means the provision | ||||||
13 | of, and all actions necessary before and after the provision | ||||||
14 | of, Basic Life Support (BLS) Services, Advanced Life Support | ||||||
15 | (ALS) Services, and critical care transport to
patients whose | ||||||
16 | conditions do not meet this Act's definition of emergency, | ||||||
17 | before, after, or
during transportation of such patients to or | ||||||
18 | from health care facilities visited for the
purpose of | ||||||
19 | obtaining medical or health care services which are not | ||||||
20 | emergency in
nature, using a vehicle regulated by this Act and | ||||||
21 | personnel licensed under this Act.
| ||||||
22 | (g-5) The Department shall have the authority to | ||||||
23 | promulgate minimum standards for critical care transport | ||||||
24 | providers through rules adopted pursuant to this Act. All | ||||||
25 | critical care transport providers must function within a | ||||||
26 | Department-approved EMS System. Nothing in Department rules |
| |||||||
| |||||||
1 | shall restrict a hospital's ability to furnish personnel, | ||||||
2 | equipment, and medical supplies to any vehicle service | ||||||
3 | provider, including a critical care transport provider. | ||||||
4 | Minimum critical care transport provider standards shall | ||||||
5 | include, but are not limited to: | ||||||
6 | (1) Personnel staffing and licensure. | ||||||
7 | (2) Education, certification, and experience. | ||||||
8 | (3) Medical equipment and supplies. | ||||||
9 | (4) Vehicular standards. | ||||||
10 | (5) Treatment and transport protocols. | ||||||
11 | (6) Quality assurance and data collection. | ||||||
12 | (h)
The provisions of this Act shall not apply to
the use | ||||||
13 | of an ambulance or SEMSV, unless and until
emergency or | ||||||
14 | non-emergency medical services are needed
during the use of | ||||||
15 | the ambulance or SEMSV.
| ||||||
16 | (Source: P.A. 102-623, eff. 8-27-21; revised 12-1-21.)
| ||||||
17 | Section 415. The Hospital Licensing Act is amended by | ||||||
18 | setting forth, renumbering, and changing multiple
versions of | ||||||
19 | Section 6.28 and by changing Sections 10.10 and 14.5 as | ||||||
20 | follows: | ||||||
21 | (210 ILCS 85/6.28) | ||||||
22 | (Section scheduled to be repealed on December 31, 2022) | ||||||
23 | Sec. 6.28. N95 masks. Pursuant to and in accordance with | ||||||
24 | applicable local, State, and federal policies, guidance and |
| |||||||
| |||||||
1 | recommendations of public health and infection control | ||||||
2 | authorities, and taking into consideration the limitations on | ||||||
3 | access to N95 masks caused by disruptions in local, State, | ||||||
4 | national, and international supply chains, a hospital licensed | ||||||
5 | under this Act shall provide N95 masks to physicians licensed | ||||||
6 | under the Medical Practice Act of 1987, registered nurses and | ||||||
7 | advanced practice registered nurses licensed under the Nurse | ||||||
8 | Practice Licensing Act, and any other employees or contractual | ||||||
9 | workers who provide direct patient care and who, pursuant to | ||||||
10 | such policies, guidance, and recommendations, are recommended | ||||||
11 | to have such a mask to safely provide such direct patient care | ||||||
12 | within a hospital setting. Nothing in this Section shall be | ||||||
13 | construed to impose any new duty or obligation on the hospital | ||||||
14 | or employee that is greater than that imposed under State and | ||||||
15 | federal laws in effect on April 27, 2021 ( the effective date of | ||||||
16 | Public Act 102-4) this amendatory Act of the 102nd General | ||||||
17 | Assembly . | ||||||
18 | This Section is repealed on December 31, 2022.
| ||||||
19 | (Source: P.A. 102-4, eff. 4-27-21; 102-674, eff. 11-30-21; | ||||||
20 | revised 12-14-21.)
| ||||||
21 | (210 ILCS 85/6.30)
| ||||||
22 | Sec. 6.30 6.28 . Facility-provided medication upon | ||||||
23 | discharge. | ||||||
24 | (a) The General Assembly finds that this Section is | ||||||
25 | necessary for the immediate preservation of the public peace, |
| |||||||
| |||||||
1 | health, and safety. | ||||||
2 | (b) In this Section, "facility-provided medication" has | ||||||
3 | the same meaning as provided under Section 15.10 of the | ||||||
4 | Pharmacy Practice Act. | ||||||
5 | (c) When a facility-provided medication is ordered at | ||||||
6 | least 24 hours in advance for surgical procedures and is | ||||||
7 | administered to a patient at a hospital licensed under this | ||||||
8 | Act, any unused portion of the facility-provided medication | ||||||
9 | must be offered to the patient upon discharge when it is | ||||||
10 | required for continuing treatment. | ||||||
11 | (d) A facility-provided medication shall be labeled | ||||||
12 | consistent with labeling requirements under Section 22 of the | ||||||
13 | Pharmacy Practice Act. | ||||||
14 | (e) If the facility-provided medication is used in an | ||||||
15 | operating room or emergency department setting, the prescriber | ||||||
16 | is responsible for counseling the patient on its proper use | ||||||
17 | and administration and the requirement of pharmacist | ||||||
18 | counseling is waived.
| ||||||
19 | (Source: P.A. 102-155, eff. 7-23-21; revised 11-10-21.)
| ||||||
20 | (210 ILCS 85/6.31)
| ||||||
21 | Sec. 6.31 6.28 . Patient contact policy during pandemics or | ||||||
22 | other public health emergencies. During a pandemic or other | ||||||
23 | public health emergency, a hospital licensed under this Act | ||||||
24 | shall develop and implement a contact policy to encourage | ||||||
25 | patients' ability to engage with family members throughout the |
| |||||||
| |||||||
1 | duration of the pandemic or other public health emergency, | ||||||
2 | including through the use of phone calls, videos calls, or | ||||||
3 | other electronic mechanisms mechanism .
| ||||||
4 | (Source: P.A. 102-398, eff. 8-16-21; revised 11-10-21.)
| ||||||
5 | (210 ILCS 85/6.32)
| ||||||
6 | Sec. 6.32 6.28 . Surgical smoke plume evacuation. | ||||||
7 | (a) In this Section: | ||||||
8 | "Surgical smoke plume" means the by-product of the use of | ||||||
9 | energy-based devices on tissue during surgery and containing | ||||||
10 | hazardous materials, including, but not limited to, | ||||||
11 | bioaerosols bio-aeorsols , smoke, gases, tissue and cellular | ||||||
12 | fragments and particulates, and viruses. | ||||||
13 | "Surgical smoke plume evacuation system" means a dedicated | ||||||
14 | device that is designed to capture, transport, filter, and | ||||||
15 | neutralize surgical smoke plume at the site of origin and | ||||||
16 | before surgical smoke plume can make ocular contact, or | ||||||
17 | contact with the respiratory tract, of an employee. | ||||||
18 | (b) To protect patients and health care workers from the | ||||||
19 | hazards of surgical smoke plume, a hospital licensed under | ||||||
20 | this Act shall adopt policies to ensure the elimination of | ||||||
21 | surgical smoke plume by use of a surgical smoke plume | ||||||
22 | evacuation system for each procedure that generates surgical | ||||||
23 | smoke plume from the use of energy-based devices, including, | ||||||
24 | but not limited to, electrosurgery and lasers. | ||||||
25 | (c) A hospital licensed under this Act shall report to the |
| |||||||
| |||||||
1 | Department within 90 days after January 1, 2022 ( the effective | ||||||
2 | date of Public Act 102-533) this amendatory Act of the 102nd | ||||||
3 | General Assembly that policies under subsection (b) of this | ||||||
4 | Section have been adopted.
| ||||||
5 | (Source: P.A. 102-533, eff. 1-1-22; revised 11-10-21.)
| ||||||
6 | (210 ILCS 85/10.10) | ||||||
7 | Sec. 10.10. Nurse Staffing by Patient Acuity.
| ||||||
8 | (a) Findings. The Legislature finds and declares all of | ||||||
9 | the following: | ||||||
10 | (1) The State of Illinois has a substantial interest | ||||||
11 | in promoting quality care and improving the delivery of | ||||||
12 | health care services. | ||||||
13 | (2) Evidence-based studies have shown that the basic | ||||||
14 | principles of staffing in the acute care setting should be | ||||||
15 | based on the complexity of patients' care needs aligned | ||||||
16 | with available nursing skills to promote quality patient | ||||||
17 | care consistent with professional nursing standards. | ||||||
18 | (3) Compliance with this Section promotes an | ||||||
19 | organizational climate that values registered nurses' | ||||||
20 | input in meeting the health care needs of hospital | ||||||
21 | patients. | ||||||
22 | (b) Definitions. As used in this Section: | ||||||
23 | "Acuity model" means an assessment tool selected and | ||||||
24 | implemented by a hospital, as recommended by a nursing care | ||||||
25 | committee, that assesses the complexity of patient care needs |
| |||||||
| |||||||
1 | requiring professional nursing care and skills and aligns | ||||||
2 | patient care needs and nursing skills consistent with | ||||||
3 | professional nursing standards. | ||||||
4 | "Department" means the Department of Public Health. | ||||||
5 | "Direct patient care" means care provided by a registered | ||||||
6 | professional nurse with direct responsibility to oversee or | ||||||
7 | carry out medical regimens or nursing care for one or more | ||||||
8 | patients. | ||||||
9 | "Nursing care committee" means a hospital-wide committee | ||||||
10 | or committees of nurses whose functions, in part or in whole, | ||||||
11 | contribute to the development, recommendation, and review of | ||||||
12 | the hospital's nurse staffing plan established pursuant to | ||||||
13 | subsection (d). | ||||||
14 | "Registered professional nurse" means a person licensed as | ||||||
15 | a Registered Nurse under the Nurse
Practice Act. | ||||||
16 | "Written staffing plan for nursing care services" means a | ||||||
17 | written plan for the assignment of patient care nursing staff | ||||||
18 | based on multiple nurse and patient considerations that yield | ||||||
19 | minimum staffing levels for inpatient care units and the | ||||||
20 | adopted acuity model aligning patient care needs with nursing | ||||||
21 | skills required for quality patient care consistent with | ||||||
22 | professional nursing standards. | ||||||
23 | (c) Written staffing plan. | ||||||
24 | (1) Every hospital shall implement a written | ||||||
25 | hospital-wide staffing plan, prepared by a nursing care | ||||||
26 | committee or committees, that provides for minimum direct |
| |||||||
| |||||||
1 | care professional registered nurse-to-patient staffing | ||||||
2 | needs for each inpatient care unit, including inpatient | ||||||
3 | emergency departments. If the staffing plan prepared by | ||||||
4 | the nursing care committee is not adopted by the hospital, | ||||||
5 | or if substantial changes are proposed to it, the chief | ||||||
6 | nursing officer shall either: (i) provide a written | ||||||
7 | explanation to the committee of the reasons the plan was | ||||||
8 | not adopted; or (ii) provide a written explanation of any | ||||||
9 | substantial changes made to the proposed plan prior to it | ||||||
10 | being adopted by the hospital. The written hospital-wide | ||||||
11 | staffing plan shall include, but need not be limited to, | ||||||
12 | the following considerations: | ||||||
13 | (A) The complexity of complete care, assessment on | ||||||
14 | patient admission, volume of patient admissions, | ||||||
15 | discharges and transfers, evaluation of the progress | ||||||
16 | of a patient's problems, ongoing physical assessments, | ||||||
17 | planning for a patient's discharge, assessment after a | ||||||
18 | change in patient condition, and assessment of the | ||||||
19 | need for patient referrals. | ||||||
20 | (B) The complexity of clinical professional | ||||||
21 | nursing judgment needed to design and implement a | ||||||
22 | patient's nursing care plan, the need for specialized | ||||||
23 | equipment and technology, the skill mix of other | ||||||
24 | personnel providing or supporting direct patient care, | ||||||
25 | and involvement in quality improvement activities, | ||||||
26 | professional preparation, and experience. |
| |||||||
| |||||||
1 | (C) Patient acuity and the number of patients for | ||||||
2 | whom care is being provided. | ||||||
3 | (D) The ongoing assessments of a unit's patient | ||||||
4 | acuity levels and nursing staff needed shall be | ||||||
5 | routinely made by the unit nurse manager or his or her | ||||||
6 | designee. | ||||||
7 | (E) The identification of additional registered | ||||||
8 | nurses available for direct patient care when | ||||||
9 | patients' unexpected needs exceed the planned workload | ||||||
10 | for direct care staff. | ||||||
11 | (2) In order to provide staffing flexibility to meet | ||||||
12 | patient needs, every hospital shall identify an acuity | ||||||
13 | model for adjusting the staffing plan for each inpatient | ||||||
14 | care unit. | ||||||
15 | (2.5) Each hospital shall implement the staffing plan | ||||||
16 | and assign nursing personnel to each inpatient care unit, | ||||||
17 | including inpatient emergency departments, in accordance | ||||||
18 | with the staffing plan. | ||||||
19 | (A) A registered nurse may report to the nursing | ||||||
20 | care committee any variations where the nurse | ||||||
21 | personnel assignment in an inpatient care unit is not | ||||||
22 | in accordance with the adopted staffing plan and may | ||||||
23 | make a written report to the nursing care committee | ||||||
24 | based on the variations. | ||||||
25 | (B) Shift-to-shift adjustments in staffing levels | ||||||
26 | required by the staffing plan may be made by the |
| |||||||
| |||||||
1 | appropriate hospital personnel overseeing inpatient | ||||||
2 | care operations. If a registered nurse in an inpatient | ||||||
3 | care unit objects to a shift-to-shift adjustment, the | ||||||
4 | registered nurse may submit a written report to the | ||||||
5 | nursing care committee. | ||||||
6 | (C) The nursing care committee shall develop a | ||||||
7 | process to examine and respond to written reports | ||||||
8 | submitted under subparagraphs (A) and (B) of this | ||||||
9 | paragraph (2.5), including the ability to determine if | ||||||
10 | a specific written report is resolved or should be | ||||||
11 | dismissed. | ||||||
12 | (3) The written staffing plan shall be posted, either | ||||||
13 | by physical or electronic means, in a conspicuous and | ||||||
14 | accessible location for both patients and direct care | ||||||
15 | staff, as required under the Hospital Report Card Act. A | ||||||
16 | copy of the written staffing plan shall be provided to any | ||||||
17 | member of the general public upon request. | ||||||
18 | (d) Nursing care committee. | ||||||
19 | (1) Every hospital shall have a nursing care committee | ||||||
20 | that meets at least 6 times per year. A hospital shall | ||||||
21 | appoint members of a committee whereby at least 55% of the | ||||||
22 | members are registered professional nurses providing | ||||||
23 | direct inpatient care, one of whom shall be selected | ||||||
24 | annually by the direct inpatient care nurses to serve as | ||||||
25 | co-chair of the committee. | ||||||
26 | (2) (Blank).
|
| |||||||
| |||||||
1 | (2.5) A nursing care committee shall prepare and | ||||||
2 | recommend to hospital administration the hospital's | ||||||
3 | written hospital-wide staffing plan. If the staffing plan | ||||||
4 | is not adopted by the hospital, the chief nursing officer | ||||||
5 | shall provide a written statement to the committee prior | ||||||
6 | to a staffing plan being adopted by the hospital that: (A) | ||||||
7 | explains the reasons the committee's proposed staffing | ||||||
8 | plan was not adopted; and (B) describes the changes to the | ||||||
9 | committee's proposed staffing or any alternative to the | ||||||
10 | committee's proposed staffing plan. | ||||||
11 | (3) A nursing care committee's or committees' written | ||||||
12 | staffing plan for the hospital shall be based on the | ||||||
13 | principles from the staffing components set forth in | ||||||
14 | subsection (c). In particular, a committee or committees | ||||||
15 | shall provide input and feedback on the following: | ||||||
16 | (A) Selection, implementation, and evaluation of | ||||||
17 | minimum staffing levels for inpatient care units. | ||||||
18 | (B) Selection, implementation, and evaluation of | ||||||
19 | an acuity model to provide staffing flexibility that | ||||||
20 | aligns changing patient acuity with nursing skills | ||||||
21 | required. | ||||||
22 | (C) Selection, implementation, and evaluation of a | ||||||
23 | written staffing plan incorporating the items | ||||||
24 | described in subdivisions (c)(1) and (c)(2) of this | ||||||
25 | Section. | ||||||
26 | (D) Review the nurse staffing plans for all |
| |||||||
| |||||||
1 | inpatient areas ; and current acuity tools and measures | ||||||
2 | in use. The nursing care committee's review shall | ||||||
3 | consider: | ||||||
4 | (i) patient outcomes; | ||||||
5 | (ii) complaints regarding staffing, including | ||||||
6 | complaints about a delay in direct care nursing or | ||||||
7 | an absence of direct care nursing; | ||||||
8 | (iii) the number of hours of nursing care | ||||||
9 | provided through an inpatient hospital unit | ||||||
10 | compared with the number of inpatients served by | ||||||
11 | the hospital unit during a 24-hour period; | ||||||
12 | (iv) the aggregate hours of overtime worked by | ||||||
13 | the nursing staff; | ||||||
14 | (v) the extent to which actual nurse staffing | ||||||
15 | for each hospital inpatient unit differs from the | ||||||
16 | staffing specified by the staffing plan; and | ||||||
17 | (vi) any other matter or change to the | ||||||
18 | staffing plan determined by the committee to | ||||||
19 | ensure that the hospital is staffed to meet the | ||||||
20 | health care needs of patients. | ||||||
21 | (4) A nursing care committee must issue a written | ||||||
22 | report addressing the items described in subparagraphs (A) | ||||||
23 | through (D) of paragraph (3) semi-annually. A written copy | ||||||
24 | of this report shall be made available to direct inpatient | ||||||
25 | care nurses by making available a paper copy of the | ||||||
26 | report, distributing it electronically, or posting it on |
| |||||||
| |||||||
1 | the hospital's website. | ||||||
2 | (5) A nursing care committee must issue a written | ||||||
3 | report at least annually to the hospital governing board | ||||||
4 | that addresses items including, but not limited to: the | ||||||
5 | items described in paragraph (3); changes made based on | ||||||
6 | committee recommendations and the impact of such changes; | ||||||
7 | and recommendations for future changes related to nurse | ||||||
8 | staffing. | ||||||
9 | (e) Nothing in this Section 10.10 shall be construed to | ||||||
10 | limit, alter, or modify any of the terms, conditions, or | ||||||
11 | provisions of a collective bargaining agreement entered into | ||||||
12 | by the hospital.
| ||||||
13 | (f) No hospital may discipline, discharge, or take any | ||||||
14 | other adverse employment action against an employee solely | ||||||
15 | because the employee expresses a concern or complaint | ||||||
16 | regarding an alleged violation of this Section or concerns | ||||||
17 | related to nurse staffing. | ||||||
18 | (g) Any employee of a hospital may file a complaint with | ||||||
19 | the Department regarding an alleged violation of this Section. | ||||||
20 | The Department must forward notification of the alleged | ||||||
21 | violation to the hospital in question within 10 business days | ||||||
22 | after the complaint is filed. Upon receiving a complaint of a | ||||||
23 | violation of this Section, the Department may take any action | ||||||
24 | authorized under Sections 7 or 9 of this Act. | ||||||
25 | (Source: P.A. 102-4, eff. 4-27-21; 102-641, eff. 8-27-21; | ||||||
26 | revised 10-6-21.) |
| |||||||
| |||||||
1 | (210 ILCS 85/14.5) | ||||||
2 | Sec. 14.5. Hospital Licensure Fund. | ||||||
3 | (a) There is created in the State treasury the Hospital | ||||||
4 | Licensure Fund. The Fund is created for the purpose of | ||||||
5 | providing funding for the administration of the licensure | ||||||
6 | program and patient safety and quality initiatives for | ||||||
7 | hospitals, including, without limitation, the implementation | ||||||
8 | of the Illinois Adverse Health Care Events Reporting Law of | ||||||
9 | 2005. | ||||||
10 | (b) The Fund shall consist of the following: | ||||||
11 | (1) fees collected pursuant to Sections 5 and 7 of | ||||||
12 | this the Hospital Licensing Act; | ||||||
13 | (2) federal matching funds received by the State as a | ||||||
14 | result of expenditures made by the Department that are | ||||||
15 | attributable to moneys deposited in the Fund; | ||||||
16 | (3) interest earned on moneys deposited in the Fund; | ||||||
17 | and | ||||||
18 | (4) other moneys received for the Fund from any other | ||||||
19 | source, including interest earned thereon. | ||||||
20 | (c) Disbursements from the Fund shall be made only for: | ||||||
21 | (1) initially, the implementation of the Illinois | ||||||
22 | Adverse Health Care Events Reporting Law of 2005; | ||||||
23 | (2) subsequently, programs, information, or | ||||||
24 | assistance, including measures to address public | ||||||
25 | complaints, designed to measurably improve quality and |
| |||||||
| |||||||
1 | patient safety; | ||||||
2 | (2.5) from fines for violations of Section 10.10, | ||||||
3 | scholarships under the Nursing Education Scholarship Law; | ||||||
4 | and | ||||||
5 | (3) the reimbursement of moneys collected by the | ||||||
6 | Department through error or mistake. | ||||||
7 | (d) The uses described in paragraph (2) of subsection (c) | ||||||
8 | shall be developed in conjunction with a statewide | ||||||
9 | organization representing a majority of hospitals.
| ||||||
10 | (Source: P.A. 102-641, eff. 8-27-21; revised 12-1-21.) | ||||||
11 | Section 420. The Birth Center Licensing Act is amended by | ||||||
12 | changing Section 30 as follows: | ||||||
13 | (210 ILCS 170/30)
| ||||||
14 | Sec. 30. Minimum standards. (a) The Department's rules | ||||||
15 | adopted pursuant to Section 60 of this Act shall contain | ||||||
16 | minimum standards to protect the health and safety of a | ||||||
17 | patient of a birth center. In adopting rules for birth | ||||||
18 | centers, the Department shall consider: | ||||||
19 | (1) the Commission for the Accreditation of Birth | ||||||
20 | Centers' Standards for Freestanding Birth Centers; | ||||||
21 | (2) the American Academy of Pediatrics and American | ||||||
22 | College of Obstetricians and Gynecologists Guidelines for | ||||||
23 | Perinatal Care; and | ||||||
24 | (3) the Regionalized Perinatal Health Care Code.
|
| |||||||
| |||||||
1 | (Source: P.A. 102-518, eff. 8-20-21; revised 12-1-21.) | ||||||
2 | Section 425. The Illinois Insurance Code is amended by | ||||||
3 | changing Sections 131.1, 131.14b, 131.22, 370c, and 370c.1 and | ||||||
4 | by setting forth, renumbering, and changing multiple
versions | ||||||
5 | of Section 356z.43 as follows:
| ||||||
6 | (215 ILCS 5/131.1)
| ||||||
7 | (Text of Section before amendment by P.A. 102-578 ) | ||||||
8 | Sec. 131.1. Definitions. As used in this Article, the | ||||||
9 | following terms have the respective
meanings set forth in this | ||||||
10 | Section unless the context requires otherwise:
| ||||||
11 | (a) An "affiliate" of, or person "affiliated" with, a | ||||||
12 | specific person,
is a person that directly, or indirectly | ||||||
13 | through one or more
intermediaries, controls, or is controlled | ||||||
14 | by, or is under common control
with, the person specified.
| ||||||
15 | (a-5) "Acquiring party" means such person by whom or on | ||||||
16 | whose behalf the merger or other acquisition of control | ||||||
17 | referred to in Section 131.4 is to be affected and any person | ||||||
18 | that controls such person or persons. | ||||||
19 | (a-10) "Associated person" means, with respect to an | ||||||
20 | acquiring party, (1) any beneficial owner of shares of the | ||||||
21 | company to be acquired, owned, directly or indirectly, of | ||||||
22 | record or beneficially by the acquiring party, (2) any | ||||||
23 | affiliate of the acquiring party or beneficial owner, and (3) | ||||||
24 | any other person acting in concert, directly or indirectly, |
| |||||||
| |||||||
1 | pursuant to any agreement, arrangement, or understanding, | ||||||
2 | whether written or oral, with the acquiring party or | ||||||
3 | beneficial owner, or any of their respective affiliates, in | ||||||
4 | connection with the merger, consolidation, or other | ||||||
5 | acquisition of control referred to in Section 131.4 of this | ||||||
6 | Code. | ||||||
7 | (a-15) "Company" has the same meaning as "company" as | ||||||
8 | defined in Section 2 of this Code, except that it does not | ||||||
9 | include agencies, authorities, or instrumentalities of the | ||||||
10 | United States, its possessions and territories, the | ||||||
11 | Commonwealth of Puerto Rico, the District of Columbia, or a | ||||||
12 | state or political subdivision of a state. | ||||||
13 | (b) "Control" (including the terms "controlling", | ||||||
14 | "controlled by" and
"under common control with") means the | ||||||
15 | possession, direct or indirect, of
the power to direct or | ||||||
16 | cause the direction of the management and policies
of a | ||||||
17 | person, whether through the ownership of voting securities, | ||||||
18 | the holding
of shareholders' or policyholders' proxies by
| ||||||
19 | contract other than a commercial contract for goods or | ||||||
20 | non-management
services, or otherwise, unless the power is | ||||||
21 | solely the result of an
official position with or corporate | ||||||
22 | office held by the person. Control is presumed
to exist if any | ||||||
23 | person, directly or indirectly, owns, controls, holds with
the | ||||||
24 | power to vote, or holds shareholders' proxies representing 10% | ||||||
25 | or
more of the voting securities of any other person, or holds | ||||||
26 | or controls
sufficient policyholders' proxies to elect the |
| |||||||
| |||||||
1 | majority of the board of
directors of the domestic company. | ||||||
2 | This presumption may be rebutted by a
showing made in the | ||||||
3 | manner as the Director may provide by rule. The Director
may | ||||||
4 | determine, after
furnishing all persons in interest notice and | ||||||
5 | opportunity to be heard and
making specific findings of fact | ||||||
6 | to support such determination, that
control exists in fact, | ||||||
7 | notwithstanding the absence of a presumption to
that effect.
| ||||||
8 | (b-5) "Enterprise risk" means any activity, circumstance, | ||||||
9 | event, or series of events involving one or more affiliates of | ||||||
10 | a company that, if not remedied promptly, is likely to have a | ||||||
11 | material adverse effect upon the financial condition or | ||||||
12 | liquidity of the company or its insurance holding company | ||||||
13 | system as a whole, including, but not limited to, anything | ||||||
14 | that would cause the company's risk-based capital to fall into | ||||||
15 | company action level as set forth in Article IIA of this Code | ||||||
16 | or would cause the company to be in
hazardous financial | ||||||
17 | condition as set forth in Article XII 1/2 of this Code. | ||||||
18 | (b-10) "Exchange Act" means the Securities Exchange Act of | ||||||
19 | 1934, as amended, together with the rules and regulations | ||||||
20 | promulgated thereunder. | ||||||
21 | (b-15) "Group-wide supervisor" means the regulatory | ||||||
22 | official authorized to engage in conducting and coordinating | ||||||
23 | group-wide supervision activities who is determined or | ||||||
24 | acknowledged by the Director under Section 131.20d of this | ||||||
25 | Code to have sufficient contacts with an internationally | ||||||
26 | active insurance group. |
| |||||||
| |||||||
1 | (c) "Insurance holding company system" means two or more | ||||||
2 | affiliated
persons, one or more of which is an insurance | ||||||
3 | company as defined in
paragraph (e) of Section 2 of this Code.
| ||||||
4 | (c-5) "Internationally active insurance group" means an | ||||||
5 | insurance holding company system that: | ||||||
6 | (1) includes an insurer registered under Section 4 of | ||||||
7 | this Code; and | ||||||
8 | (2) meets the following criteria: | ||||||
9 | (A) premiums written in at least 3 countries; | ||||||
10 | (B) the percentage of gross premiums written | ||||||
11 | outside the United States is at least 10% of the | ||||||
12 | insurance holding company system's total gross written | ||||||
13 | premiums; and | ||||||
14 | (C) based on a 3-year rolling average, the total | ||||||
15 | assets of the insurance holding company system are at | ||||||
16 | least $50,000,000,000 or the total gross written | ||||||
17 | premiums of the insurance holding company system are | ||||||
18 | at least $10,000,000,000. | ||||||
19 | (d) (Blank).
| ||||||
20 | (d-1) "NAIC" means the National Association of Insurance | ||||||
21 | Commissioners. | ||||||
22 | (d-5) "Non-operating holding company" is a general | ||||||
23 | business corporation functioning solely for the purpose of | ||||||
24 | forming, owning, acquiring, and managing subsidiary business | ||||||
25 | entities and having no other business operations not related | ||||||
26 | thereto. |
| |||||||
| |||||||
1 | (d-10) "Own", "owned," or "owning" means shares (1) with | ||||||
2 | respect to which a person
has title or to which a person's | ||||||
3 | nominee, custodian, or other agent has title and which such
| ||||||
4 | nominee, custodian, or other agent is holding on behalf of the | ||||||
5 | person or (2) with respect to
which a person (A) has purchased | ||||||
6 | or has entered into an unconditional contract, binding on both
| ||||||
7 | parties, to purchase the shares, but has not yet received the | ||||||
8 | shares, (B) owns a security
convertible into or exchangeable | ||||||
9 | for the shares and has tendered the security for conversion or
| ||||||
10 | exchange, (C) has an option to purchase or acquire, or rights | ||||||
11 | or warrants to subscribe to, the shares and has exercised such | ||||||
12 | option, rights, or warrants, or (D) holds a securities futures | ||||||
13 | contract
to purchase the shares and has received notice that | ||||||
14 | the position will be physically settled and is
irrevocably | ||||||
15 | bound to receive the underlying shares. To the extent that any
| ||||||
16 | affiliates of the stockholder or beneficial owner are acting | ||||||
17 | in concert with the stockholder or
beneficial owner, the | ||||||
18 | determination of shares owned may include the effect of | ||||||
19 | aggregating the
shares owned by the affiliate or affiliates. | ||||||
20 | Whether shares constitute shares owned shall
be decided by the | ||||||
21 | Director in his or her reasonable determination. | ||||||
22 | (e) "Person" means an individual, a corporation, a limited | ||||||
23 | liability company, a partnership, an
association, a joint | ||||||
24 | stock company, a trust, an unincorporated
organization, any | ||||||
25 | similar entity or any combination of the foregoing acting
in | ||||||
26 | concert, but does not include any securities broker performing |
| |||||||
| |||||||
1 | no more
than the usual and customary broker's function or | ||||||
2 | joint venture
partnership exclusively engaged in owning, | ||||||
3 | managing, leasing or developing
real or tangible personal | ||||||
4 | property other than capital stock.
| ||||||
5 | (e-5) "Policyholders' proxies" are proxies that give the | ||||||
6 | holder the right to vote for the election of the directors and | ||||||
7 | other corporate actions not in the day to day operations of the | ||||||
8 | company. | ||||||
9 | (f) (Blank).
| ||||||
10 | (f-5) "Securityholder" of a specified person is one who | ||||||
11 | owns any security of such person, including common stock, | ||||||
12 | preferred stock, debt obligations, and any other security | ||||||
13 | convertible into or evidencing the right to acquire any of the | ||||||
14 | foregoing. | ||||||
15 | (g) "Subsidiary" of a specified person is an affiliate | ||||||
16 | controlled by
such person directly, or indirectly through one | ||||||
17 | or more intermediaries.
| ||||||
18 | (h) "Voting Security" is a security which gives to the | ||||||
19 | holder thereof
the right to vote for the election of directors | ||||||
20 | and includes any security
convertible into or evidencing a | ||||||
21 | right to acquire a voting security.
| ||||||
22 | (i) (Blank).
| ||||||
23 | (j) (Blank).
| ||||||
24 | (k) (Blank).
| ||||||
25 | (Source: P.A. 102-394, eff. 8-16-21; revised 9-22-21.) |
| |||||||
| |||||||
1 | (Text of Section after amendment by P.A. 102-578 )
| ||||||
2 | Sec. 131.1. Definitions. As used in this Article, the | ||||||
3 | following terms have the respective
meanings set forth in this | ||||||
4 | Section unless the context requires otherwise:
| ||||||
5 | (a) An "affiliate" of, or person "affiliated" with, a | ||||||
6 | specific person,
is a person that directly, or indirectly | ||||||
7 | through one or more
intermediaries, controls, or is controlled | ||||||
8 | by, or is under common control
with, the person specified.
| ||||||
9 | (a-5) "Acquiring party" means such person by whom or on | ||||||
10 | whose behalf the merger or other acquisition of control | ||||||
11 | referred to in Section 131.4 is to be affected and any person | ||||||
12 | that controls such person or persons. | ||||||
13 | (a-10) "Associated person" means, with respect to an | ||||||
14 | acquiring party, (1) any beneficial owner of shares of the | ||||||
15 | company to be acquired, owned, directly or indirectly, of | ||||||
16 | record or beneficially by the acquiring party, (2) any | ||||||
17 | affiliate of the acquiring party or beneficial owner, and (3) | ||||||
18 | any other person acting in concert, directly or indirectly, | ||||||
19 | pursuant to any agreement, arrangement, or understanding, | ||||||
20 | whether written or oral, with the acquiring party or | ||||||
21 | beneficial owner, or any of their respective affiliates, in | ||||||
22 | connection with the merger, consolidation, or other | ||||||
23 | acquisition of control referred to in Section 131.4 of this | ||||||
24 | Code. | ||||||
25 | (a-15) "Company" has the same meaning as "company" as | ||||||
26 | defined in Section 2 of this Code, except that it does not |
| |||||||
| |||||||
1 | include agencies, authorities, or instrumentalities of the | ||||||
2 | United States, its possessions and territories, the | ||||||
3 | Commonwealth of Puerto Rico, the District of Columbia, or a | ||||||
4 | state or political subdivision of a state. | ||||||
5 | (b) "Control" (including the terms "controlling", | ||||||
6 | "controlled by" and
"under common control with") means the | ||||||
7 | possession, direct or indirect, of
the power to direct or | ||||||
8 | cause the direction of the management and policies
of a | ||||||
9 | person, whether through the ownership of voting securities, | ||||||
10 | the holding
of shareholders' or policyholders' proxies by
| ||||||
11 | contract other than a commercial contract for goods or | ||||||
12 | non-management
services, or otherwise, unless the power is | ||||||
13 | solely the result of an
official position with or corporate | ||||||
14 | office held by the person. Control is presumed
to exist if any | ||||||
15 | person, directly or indirectly, owns, controls, holds with
the | ||||||
16 | power to vote, or holds shareholders' proxies representing 10% | ||||||
17 | or
more of the voting securities of any other person, or holds | ||||||
18 | or controls
sufficient policyholders' proxies to elect the | ||||||
19 | majority of the board of
directors of the domestic company. | ||||||
20 | This presumption may be rebutted by a
showing made in the | ||||||
21 | manner as the Director may provide by rule. The Director
may | ||||||
22 | determine, after
furnishing all persons in interest notice and | ||||||
23 | opportunity to be heard and
making specific findings of fact | ||||||
24 | to support such determination, that
control exists in fact, | ||||||
25 | notwithstanding the absence of a presumption to
that effect.
| ||||||
26 | (b-5) "Enterprise risk" means any activity, circumstance, |
| |||||||
| |||||||
1 | event, or series of events involving one or more affiliates of | ||||||
2 | a company that, if not remedied promptly, is likely to have a | ||||||
3 | material adverse effect upon the financial condition or | ||||||
4 | liquidity of the company or its insurance holding company | ||||||
5 | system as a whole, including, but not limited to, anything | ||||||
6 | that would cause the company's risk-based capital to fall into | ||||||
7 | company action level as set forth in Article IIA of this Code | ||||||
8 | or would cause the company to be in
hazardous financial | ||||||
9 | condition as set forth in Article XII 1/2 of this Code. | ||||||
10 | (b-10) "Exchange Act" means the Securities Exchange Act of | ||||||
11 | 1934, as amended, together with the rules and regulations | ||||||
12 | promulgated thereunder. | ||||||
13 | (b-12) "Group capital calculation instructions" means the | ||||||
14 | group capital calculation instructions as adopted by the NAIC | ||||||
15 | and as amended by the NAIC from time to time in accordance with | ||||||
16 | the procedures adopted by the NAIC. | ||||||
17 | (b-15) "Group-wide supervisor" means the regulatory | ||||||
18 | official authorized to engage in conducting and coordinating | ||||||
19 | group-wide supervision activities who is determined or | ||||||
20 | acknowledged by the Director under Section 131.20d of this | ||||||
21 | Code to have sufficient contacts with an internationally | ||||||
22 | active insurance group. | ||||||
23 | (c) "Insurance holding company system" means two or more | ||||||
24 | affiliated
persons, one or more of which is an insurance | ||||||
25 | company as defined in
paragraph (e) of Section 2 of this Code.
| ||||||
26 | (c-5) "Internationally active insurance group" means an |
| |||||||
| |||||||
1 | insurance holding company system that: | ||||||
2 | (1) includes an insurer registered under Section 4 of | ||||||
3 | this Code; and | ||||||
4 | (2) meets the following criteria: | ||||||
5 | (A) premiums written in at least 3 countries; | ||||||
6 | (B) the percentage of gross premiums written | ||||||
7 | outside the United States is at least 10% of the | ||||||
8 | insurance holding company system's total gross written | ||||||
9 | premiums; and | ||||||
10 | (C) based on a 3-year rolling average, the total | ||||||
11 | assets of the insurance holding company system are at | ||||||
12 | least $50,000,000,000 or the total gross written | ||||||
13 | premiums of the insurance holding company system are | ||||||
14 | at least $10,000,000,000. | ||||||
15 | (d) (Blank).
| ||||||
16 | (d-1) "NAIC" means the National Association of Insurance | ||||||
17 | Commissioners. | ||||||
18 | (d-2) "NAIC Liquidity Stress Test Framework" is a separate | ||||||
19 | NAIC publication which includes a history of the NAIC's | ||||||
20 | development of regulatory liquidity stress testing, the scope | ||||||
21 | criteria applicable for a specific data year, and the | ||||||
22 | liquidity stress test instructions, and reporting templates | ||||||
23 | for a specific data year, such scope criteria, instructions, | ||||||
24 | and reporting template being as adopted by the NAIC and as | ||||||
25 | amended by the NAIC from time to time in accordance with the | ||||||
26 | procedures adopted by the NAIC. |
| |||||||
| |||||||
1 | (d-5) "Non-operating holding company" is a general | ||||||
2 | business corporation functioning solely for the purpose of | ||||||
3 | forming, owning, acquiring, and managing subsidiary business | ||||||
4 | entities and having no other business operations not related | ||||||
5 | thereto. | ||||||
6 | (d-10) "Own", "owned," or "owning" means shares (1) with | ||||||
7 | respect to which a person
has title or to which a person's | ||||||
8 | nominee, custodian, or other agent has title and which such
| ||||||
9 | nominee, custodian, or other agent is holding on behalf of the | ||||||
10 | person or (2) with respect to
which a person (A) has purchased | ||||||
11 | or has entered into an unconditional contract, binding on both
| ||||||
12 | parties, to purchase the shares, but has not yet received the | ||||||
13 | shares, (B) owns a security
convertible into or exchangeable | ||||||
14 | for the shares and has tendered the security for conversion or
| ||||||
15 | exchange, (C) has an option to purchase or acquire, or rights | ||||||
16 | or warrants to subscribe to, the shares and has exercised such | ||||||
17 | option, rights, or warrants, or (D) holds a securities futures | ||||||
18 | contract
to purchase the shares and has received notice that | ||||||
19 | the position will be physically settled and is
irrevocably | ||||||
20 | bound to receive the underlying shares. To the extent that any
| ||||||
21 | affiliates of the stockholder or beneficial owner are acting | ||||||
22 | in concert with the stockholder or
beneficial owner, the | ||||||
23 | determination of shares owned may include the effect of | ||||||
24 | aggregating the
shares owned by the affiliate or affiliates. | ||||||
25 | Whether shares constitute shares owned shall
be decided by the | ||||||
26 | Director in his or her reasonable determination. |
| |||||||
| |||||||
1 | (e) "Person" means an individual, a corporation, a limited | ||||||
2 | liability company, a partnership, an
association, a joint | ||||||
3 | stock company, a trust, an unincorporated
organization, any | ||||||
4 | similar entity or any combination of the foregoing acting
in | ||||||
5 | concert, but does not include any securities broker performing | ||||||
6 | no more
than the usual and customary broker's function or | ||||||
7 | joint venture
partnership exclusively engaged in owning, | ||||||
8 | managing, leasing or developing
real or tangible personal | ||||||
9 | property other than capital stock.
| ||||||
10 | (e-5) "Policyholders' proxies" are proxies that give the | ||||||
11 | holder the right to vote for the election of the directors and | ||||||
12 | other corporate actions not in the day to day operations of the | ||||||
13 | company. | ||||||
14 | (f) (Blank).
| ||||||
15 | (f-3) (f-5) "Scope criteria", as detailed in the NAIC | ||||||
16 | Liquidity Stress Test Framework, are the designated exposure | ||||||
17 | bases along with minimum magnitudes thereof for the specified | ||||||
18 | data year, used to establish a preliminary list of insurers | ||||||
19 | considered scoped into the NAIC Liquidity Stress Test | ||||||
20 | Framework for that data year. | ||||||
21 | (f-5) "Securityholder" of a specified person is one who | ||||||
22 | owns any security of such person, including common stock, | ||||||
23 | preferred stock, debt obligations, and any other security | ||||||
24 | convertible into or evidencing the right to acquire any of the | ||||||
25 | foregoing. | ||||||
26 | (g) "Subsidiary" of a specified person is an affiliate |
| |||||||
| |||||||
1 | controlled by
such person directly, or indirectly through one | ||||||
2 | or more intermediaries.
| ||||||
3 | (h) "Voting Security" is a security which gives to the | ||||||
4 | holder thereof
the right to vote for the election of directors | ||||||
5 | and includes any security
convertible into or evidencing a | ||||||
6 | right to acquire a voting security.
| ||||||
7 | (i) (Blank).
| ||||||
8 | (j) (Blank).
| ||||||
9 | (k) (Blank).
| ||||||
10 | (Source: P.A. 102-394, eff. 8-16-21; 102-578, eff. 7-1-22 (See | ||||||
11 | Section 5 of P.A. 102-672 for effective date of P.A. 102-578); | ||||||
12 | revised 12-1-21.) | ||||||
13 | (215 ILCS 5/131.14b) | ||||||
14 | (Text of Section before amendment by P.A. 102-578 ) | ||||||
15 | Sec. 131.14b. Enterprise risk filing. The ultimate | ||||||
16 | controlling person of every company subject to registration | ||||||
17 | shall also file an annual enterprise risk report. The report | ||||||
18 | shall, to the best of the ultimate controlling person's | ||||||
19 | knowledge and belief, identify the material risks within the | ||||||
20 | insurance holding company system that could pose enterprise | ||||||
21 | risk to the company. The report shall be filed with the lead | ||||||
22 | state commissioner of the insurance holding company system as | ||||||
23 | determined by the procedures within the Financial Analysis | ||||||
24 | Handbook adopted by the National Association of Insurance | ||||||
25 | Commissioners.
|
| |||||||
| |||||||
1 | (Source: P.A. 98-609, eff. 7-1-14 .) | ||||||
2 | (Text of Section after amendment by P.A. 102-578 ) | ||||||
3 | Sec. 131.14b. Enterprise risk filings. | ||||||
4 | (a) Annual enterprise risk report. The ultimate | ||||||
5 | controlling person of every company subject to registration | ||||||
6 | shall also file an annual enterprise risk report. The report | ||||||
7 | shall, to the best of the ultimate controlling person's | ||||||
8 | knowledge and belief, identify the material risks within the | ||||||
9 | insurance holding company system that could pose enterprise | ||||||
10 | risk to the company. The report shall be filed with the lead | ||||||
11 | state commissioner of the insurance holding company system as | ||||||
12 | determined by the procedures within the Financial Analysis | ||||||
13 | Handbook adopted by the National Association of Insurance | ||||||
14 | Commissioners.
| ||||||
15 | (b) Group capital calculation. Except as provided in this | ||||||
16 | subsection, the ultimate controlling person of every insurer | ||||||
17 | subject to registration shall concurrently file with the | ||||||
18 | registration an annual group capital calculation as directed | ||||||
19 | by the lead state commissioner. The report shall be completed | ||||||
20 | in accordance with the NAIC Group Capital Calculation | ||||||
21 | Instructions, which may permit the lead state commissioner to | ||||||
22 | allow a controlling person who is not the ultimate controlling | ||||||
23 | person to file the group capital calculation. The report shall | ||||||
24 | be filed with the lead state commissioner of the insurance | ||||||
25 | holding company system as determined by the commissioner in |
| |||||||
| |||||||
1 | accordance with the procedures within the Financial Analysis | ||||||
2 | Handbook adopted by the NAIC. Insurance holding company | ||||||
3 | systems described in the following are exempt from filing the | ||||||
4 | group capital calculation: | ||||||
5 | (1) an insurance holding company system that has only | ||||||
6 | one insurer within its holding company structure, that | ||||||
7 | only writes business and is only licensed in Illinois, and | ||||||
8 | that assumes no business from any other insurer; | ||||||
9 | (2) an insurance holding company system that is | ||||||
10 | required to perform a group capital calculation specified | ||||||
11 | by the United States Federal Reserve Board; the lead state | ||||||
12 | commissioner shall request the calculation from the | ||||||
13 | Federal Reserve Board under the terms of information | ||||||
14 | sharing agreements in effect; if the Federal Reserve Board | ||||||
15 | cannot share the calculation with the lead state | ||||||
16 | commissioner, the insurance holding company system is not | ||||||
17 | exempt from the group capital calculation filing; | ||||||
18 | (3) an insurance holding company system whose non-U.S. | ||||||
19 | group-wide supervisor is located within a reciprocal | ||||||
20 | jurisdiction as described in paragraph (C-10) of | ||||||
21 | subsection (1) of Section 173.1 that recognizes the U.S. | ||||||
22 | state regulatory approach to group supervision and group | ||||||
23 | capital; and | ||||||
24 | (4) an insurance holding company system: | ||||||
25 | (i) that provides information to the lead state | ||||||
26 | that meets the requirements for accreditation under |
| |||||||
| |||||||
1 | the NAIC financial standards and accreditation | ||||||
2 | program, either directly or indirectly through the | ||||||
3 | group-wide supervisor, who has determined such | ||||||
4 | information is satisfactory to allow the lead state to | ||||||
5 | comply with the NAIC group supervision approach, as | ||||||
6 | detailed in the NAIC Financial Analysis Handbook; and | ||||||
7 | (ii) whose non-U.S. group-wide supervisor that is | ||||||
8 | not in a reciprocal jurisdiction recognizes and | ||||||
9 | accepts, as specified by the commissioner in | ||||||
10 | regulation, the group capital calculation as the | ||||||
11 | world-wide group capital assessment for U.S. insurance | ||||||
12 | groups who operate in that jurisdiction. | ||||||
13 | (5) Notwithstanding the provisions of paragraphs (3) and | ||||||
14 | (4) of this subsection, a lead state commissioner shall | ||||||
15 | require the group capital calculation for U.S. operations of | ||||||
16 | any non-U.S. based insurance holding company system where, | ||||||
17 | after any necessary consultation with other supervisors or | ||||||
18 | officials, it is deemed appropriate by the lead state | ||||||
19 | commissioner for prudential oversight and solvency monitoring | ||||||
20 | purposes or for ensuring the competitiveness of the insurance | ||||||
21 | marketplace. | ||||||
22 | (6) Notwithstanding the exemptions from filing the group | ||||||
23 | capital calculation stated in paragraphs (1) through (4) of | ||||||
24 | this subsection, the lead state commissioner has the | ||||||
25 | discretion to exempt the ultimate controlling person from | ||||||
26 | filing the annual group capital calculation or to accept a |
| |||||||
| |||||||
1 | limited group capital filing or report in accordance with | ||||||
2 | criteria as specified by the Director in regulation. | ||||||
3 | (c) Liquidity stress test. The ultimate controlling person | ||||||
4 | of every insurer subject to registration and also scoped into | ||||||
5 | the NAIC Liquidity Stress Test Framework shall file the | ||||||
6 | results of a specific year's liquidity stress test. The filing | ||||||
7 | shall be made to the lead state insurance commissioner of the | ||||||
8 | insurance holding company system as determined by the | ||||||
9 | procedures within the Financial Analysis Handbook adopted by | ||||||
10 | the National Association of Insurance Commissioners: | ||||||
11 | (1) The NAIC Liquidity Stress Test Framework includes | ||||||
12 | scope criteria applicable to a specific data year. These | ||||||
13 | scope criteria are reviewed at least annually by the NAIC | ||||||
14 | Financial Stability Task Force or its successor. Any | ||||||
15 | change to the NAIC Liquidity Stress Test Framework or to | ||||||
16 | the data year for which the scope criteria are to be | ||||||
17 | measured shall be effective on January 1 of the year | ||||||
18 | following the calendar year when such changes are adopted. | ||||||
19 | Insurers meeting at least one threshold of the scope | ||||||
20 | criteria are considered scoped into the NAIC Liquidity | ||||||
21 | Stress Test Framework for the specified data year unless | ||||||
22 | the lead state insurance commissioner, in consultation | ||||||
23 | with the NAIC Financial Stability Task Force or its | ||||||
24 | successor, determines the insurer should not be scoped | ||||||
25 | into the Framework for that data year. Similarly, insurers | ||||||
26 | that do not trigger at least one threshold of the scope |
| |||||||
| |||||||
1 | criteria are considered scoped out of the NAIC Liquidity | ||||||
2 | Stress Test Framework for the specified data year, unless | ||||||
3 | the lead state insurance commissioner, in consultation | ||||||
4 | with the NAIC Financial Stability Task Force or its | ||||||
5 | successor, determines the insurer should be scoped into | ||||||
6 | the Framework for that data year. | ||||||
7 | The lead state insurance commissioner, in consultation | ||||||
8 | with the Financial Stability Task Force or its successor, | ||||||
9 | shall assess the regulator's wish to avoid having insurers | ||||||
10 | scoped in and out of the NAIC Liquidity Stress Test | ||||||
11 | Framework on a frequent basis as part of the determination | ||||||
12 | for an insurer. | ||||||
13 | (2) The performance of, and filing of the results | ||||||
14 | from, a specific year's liquidity stress test shall comply | ||||||
15 | with the NAIC Liquidity Stress Test Framework's | ||||||
16 | instructions and reporting templates for that year and any | ||||||
17 | lead state insurance commissioner determinations, in | ||||||
18 | conjunction with the NAIC Financial Stability Task Force | ||||||
19 | or its successor, provided within the Framework. | ||||||
20 | (Source: P.A. 102-578, eff. 7-1-22 (See Section 5 of P.A. | ||||||
21 | 102-672 for effective date of P.A. 102-578); revised 12-2-21.)
| ||||||
22 | (215 ILCS 5/131.22)
| ||||||
23 | (Text of Section before amendment by P.A. 102-578 ) | ||||||
24 | Sec. 131.22. Confidential treatment. | ||||||
25 | (a) Documents, materials, or other information in the |
| |||||||
| |||||||
1 | possession or control of the Department that are obtained by | ||||||
2 | or disclosed to the Director or any other person in the course | ||||||
3 | of an examination or investigation made pursuant to this | ||||||
4 | Article and all information reported or provided to the | ||||||
5 | Department pursuant to paragraphs (12) and (13) of Section | ||||||
6 | 131.5 and Sections 131.13 through 131.21 shall be confidential | ||||||
7 | by law and privileged, shall not be subject to the Illinois | ||||||
8 | Freedom of Information Act, shall not be subject to subpoena, | ||||||
9 | and shall not be subject to discovery or admissible in | ||||||
10 | evidence in any private civil action. However, the Director is | ||||||
11 | authorized to use the documents, materials, or other | ||||||
12 | information in the furtherance of any regulatory or legal | ||||||
13 | action brought as a part of the Director's official duties. | ||||||
14 | The Director shall not otherwise make the documents, | ||||||
15 | materials, or other information public without the prior | ||||||
16 | written consent of the company to which it pertains unless the | ||||||
17 | Director, after giving the company and its affiliates who | ||||||
18 | would be affected thereby prior written notice and an | ||||||
19 | opportunity to be heard, determines that the interest of | ||||||
20 | policyholders, shareholders, or the public shall be served by | ||||||
21 | the publication thereof, in which event the Director may | ||||||
22 | publish all or any part in such manner as may be deemed | ||||||
23 | appropriate. | ||||||
24 | (b) Neither the Director nor any person who received | ||||||
25 | documents, materials, or other information while acting under | ||||||
26 | the authority of the Director or with whom such documents, |
| |||||||
| |||||||
1 | materials, or other information are shared pursuant to this | ||||||
2 | Article shall be permitted or required to testify in any | ||||||
3 | private civil action concerning any confidential documents, | ||||||
4 | materials, or information subject to subsection (a) of this | ||||||
5 | Section. | ||||||
6 | (c) In order to assist in the performance of the | ||||||
7 | Director's duties, the Director: | ||||||
8 | (1) may share documents, materials, or other | ||||||
9 | information, including the confidential and privileged | ||||||
10 | documents, materials, or information subject to subsection | ||||||
11 | (a) of this Section, with other state, federal, and | ||||||
12 | international regulatory agencies, with the NAIC and its | ||||||
13 | affiliates and subsidiaries, and with third-party
| ||||||
14 | consultants, and with state, federal, and international | ||||||
15 | law enforcement authorities and regulatory agencies, | ||||||
16 | including members of any supervisory college allowed by | ||||||
17 | this Article, provided that the recipient agrees in | ||||||
18 | writing to maintain the confidentiality and privileged | ||||||
19 | status of the document, material, or other information, | ||||||
20 | and has verified in writing the legal authority to | ||||||
21 | maintain confidentiality; | ||||||
22 | (1.5) notwithstanding paragraph (1) of this subsection | ||||||
23 | (c), may only share confidential and privileged documents, | ||||||
24 | material, or information reported pursuant to Section | ||||||
25 | 131.14b with commissioners of states having statutes or | ||||||
26 | regulations substantially similar to subsection (a) of |
| |||||||
| |||||||
1 | this Section and who have agreed in writing not to | ||||||
2 | disclose such information; and | ||||||
3 | (2) may receive documents, materials, or information, | ||||||
4 | including otherwise confidential and privileged documents, | ||||||
5 | materials, or information from the NAIC and its affiliates | ||||||
6 | and subsidiaries and from regulatory and law enforcement | ||||||
7 | officials of other foreign or domestic jurisdictions, and | ||||||
8 | shall maintain as confidential or privileged any document, | ||||||
9 | material, or information received with notice or the | ||||||
10 | understanding that it is confidential or privileged under | ||||||
11 | the laws of the jurisdiction that is the source of the | ||||||
12 | document, material, or information; any such documents,
| ||||||
13 | materials, or information, while in the Director's | ||||||
14 | possession, shall not be subject to the
Illinois Freedom | ||||||
15 | of Information Act and shall not be subject to subpoena. | ||||||
16 | (c-5) Written agreements with the NAIC or third-party | ||||||
17 | consultants governing sharing and use of information provided | ||||||
18 | pursuant to this Article consistent with this subsection (c) | ||||||
19 | shall:
| ||||||
20 | (1)
specify procedures and protocols regarding the | ||||||
21 | confidentiality and security of information shared with | ||||||
22 | the NAIC and its affiliates and subsidiaries or | ||||||
23 | third-party consultants pursuant to this Article, | ||||||
24 | including procedures and protocols for sharing by the NAIC | ||||||
25 | with other state, federal, or international regulators;
| ||||||
26 | (2)
specify that ownership of information shared with |
| |||||||
| |||||||
1 | the NAIC and its affiliates and subsidiaries or | ||||||
2 | third-party consultants pursuant to this Article remains | ||||||
3 | with the Director and the NAIC's or third-party | ||||||
4 | consultant's use of the information is subject to the | ||||||
5 | direction of the Director;
| ||||||
6 | (3)
require prompt notice to be given to a company | ||||||
7 | whose confidential information in the possession of the | ||||||
8 | NAIC or third-party consultant pursuant to this Article is | ||||||
9 | subject to a request or subpoena for disclosure or | ||||||
10 | production; and
| ||||||
11 | (4)
require the NAIC and its affiliates and | ||||||
12 | subsidiaries or third-party consultants to consent to | ||||||
13 | intervention by a company in any judicial or | ||||||
14 | administrative action in which the NAIC and its affiliates | ||||||
15 | and subsidiaries or third-party consultants may be | ||||||
16 | required to disclose confidential information about the | ||||||
17 | company shared with the NAIC and its affiliates and | ||||||
18 | subsidiaries or third-party consultants pursuant to this | ||||||
19 | Article. | ||||||
20 | (d) The sharing of documents, materials, or information by | ||||||
21 | the Director pursuant to this Article shall not constitute a | ||||||
22 | delegation of regulatory authority or rulemaking, and the | ||||||
23 | Director is solely responsible for the administration, | ||||||
24 | execution, and enforcement of the provisions of this Article. | ||||||
25 | (e) No waiver of any applicable privilege or claim of | ||||||
26 | confidentiality in the documents, materials, or information |
| |||||||
| |||||||
1 | shall occur as a result of disclosure to the Director under | ||||||
2 | this Section or as a result of sharing as authorized in | ||||||
3 | subsection (c) of this Section. | ||||||
4 | (f) Documents, materials, or other information in the | ||||||
5 | possession or control of the NAIC or a third-party consultant | ||||||
6 | pursuant to this Article shall be confidential by law and | ||||||
7 | privileged, shall not be subject to the Illinois Freedom of | ||||||
8 | Information Act, shall not be subject to subpoena, and shall | ||||||
9 | not be subject to discovery or admissible in evidence in any | ||||||
10 | private civil action.
| ||||||
11 | (Source: P.A. 102-394, eff. 8-16-21.) | ||||||
12 | (Text of Section after amendment by P.A. 102-578 )
| ||||||
13 | Sec. 131.22. Confidential treatment. | ||||||
14 | (a) Documents, materials, or other information in the | ||||||
15 | possession or control of the Department that are obtained by | ||||||
16 | or disclosed to the Director or any other person in the course | ||||||
17 | of an examination or investigation made pursuant to this | ||||||
18 | Article and all information reported or provided to the | ||||||
19 | Department pursuant to paragraphs (12) and (13) of Section | ||||||
20 | 131.5 and Sections 131.13 through 131.21 are recognized by | ||||||
21 | this State as being proprietary and to contain trade secrets, | ||||||
22 | and shall be confidential by law and privileged, shall not be | ||||||
23 | subject to the Illinois Freedom of Information Act, shall not | ||||||
24 | be subject to subpoena, and shall not be subject to discovery | ||||||
25 | or admissible in evidence in any private civil action. |
| |||||||
| |||||||
1 | However, the Director is authorized to use the documents, | ||||||
2 | materials, or other information in the furtherance of any | ||||||
3 | regulatory or legal action brought as a part of the Director's | ||||||
4 | official duties. The Director shall not otherwise make the | ||||||
5 | documents, materials, or other information public without the | ||||||
6 | prior written consent of the company to which it pertains | ||||||
7 | unless the Director, after giving the company and its | ||||||
8 | affiliates who would be affected thereby prior written notice | ||||||
9 | and an opportunity to be heard, determines that the interest | ||||||
10 | of policyholders, shareholders, or the public shall be served | ||||||
11 | by the publication thereof, in which event the Director may | ||||||
12 | publish all or any part in such manner as may be deemed | ||||||
13 | appropriate. | ||||||
14 | (b) Neither the Director nor any person who received | ||||||
15 | documents, materials, or other information while acting under | ||||||
16 | the authority of the Director or with whom such documents, | ||||||
17 | materials, or other information are shared pursuant to this | ||||||
18 | Article shall be permitted or required to testify in any | ||||||
19 | private civil action concerning any confidential documents, | ||||||
20 | materials, or information subject to subsection (a) of this | ||||||
21 | Section. | ||||||
22 | (c) In order to assist in the performance of the | ||||||
23 | Director's duties, the Director: | ||||||
24 | (1) may share documents, materials, or other | ||||||
25 | information, including the confidential and privileged | ||||||
26 | documents, materials, or information subject to subsection |
| |||||||
| |||||||
1 | (a) of this Section, including proprietary and trade | ||||||
2 | secret documents and materials, with other state, federal, | ||||||
3 | and international regulatory agencies, with the NAIC and | ||||||
4 | its affiliates and subsidiaries, and with third-party
| ||||||
5 | consultants, and with state, federal, and international | ||||||
6 | law enforcement authorities and regulatory agencies, | ||||||
7 | including members of any supervisory college allowed by | ||||||
8 | this Article, provided that the recipient agrees in | ||||||
9 | writing to maintain the confidentiality and privileged | ||||||
10 | status of the document, material, or other information, | ||||||
11 | and has verified in writing the legal authority to | ||||||
12 | maintain confidentiality; | ||||||
13 | (1.5) notwithstanding paragraph (1) of this subsection | ||||||
14 | (c), may only share confidential and privileged documents, | ||||||
15 | material, or information reported pursuant to subsection | ||||||
16 | (a) of Section 131.14b with commissioners of states having | ||||||
17 | statutes or regulations substantially similar to | ||||||
18 | subsection (a) of this Section and who have agreed in | ||||||
19 | writing not to disclose such information; and | ||||||
20 | (2) may receive documents, materials, or information, | ||||||
21 | including otherwise confidential and privileged documents, | ||||||
22 | materials, or information, including proprietary and trade | ||||||
23 | secret information, from the NAIC and its affiliates and | ||||||
24 | subsidiaries and from regulatory and law enforcement | ||||||
25 | officials of other foreign or domestic jurisdictions, and | ||||||
26 | shall maintain as confidential or privileged any document, |
| |||||||
| |||||||
1 | material, or information received with notice or the | ||||||
2 | understanding that it is confidential or privileged under | ||||||
3 | the laws of the jurisdiction that is the source of the | ||||||
4 | document, material, or information; any such documents,
| ||||||
5 | materials, or information, while in the Director's | ||||||
6 | possession, shall not be subject to the
Illinois Freedom | ||||||
7 | of Information Act and shall not be subject to subpoena. | ||||||
8 | (blank). | ||||||
9 | (c-5) Written agreements with the NAIC or third-party | ||||||
10 | consultants governing sharing and use of information provided | ||||||
11 | pursuant to this Article consistent with subsection (c) shall:
| ||||||
12 | (1)
specify procedures and protocols regarding the | ||||||
13 | confidentiality and security of information shared with | ||||||
14 | the NAIC and its affiliates and subsidiaries or | ||||||
15 | third-party consultants pursuant to this Article, | ||||||
16 | including procedures and protocols for sharing by the NAIC | ||||||
17 | with other state, federal, or international regulators; | ||||||
18 | the agreement shall provide that the recipient agrees in | ||||||
19 | writing to maintain the confidentiality and privileged | ||||||
20 | status of the documents, materials, or other information | ||||||
21 | and has verified in writing the legal authority to | ||||||
22 | maintain such confidentiality;
| ||||||
23 | (2)
specify that ownership of information shared with | ||||||
24 | the NAIC and its affiliates and subsidiaries or | ||||||
25 | third-party consultants pursuant to this Article remains | ||||||
26 | with the Director and the NAIC's or third-party |
| |||||||
| |||||||
1 | consultant's use of the information is subject to the | ||||||
2 | direction of the Director;
| ||||||
3 | (3)
require prompt notice to be given to a company | ||||||
4 | whose confidential information in the possession of the | ||||||
5 | NAIC or third-party consultant pursuant to this Article is | ||||||
6 | subject to a request or subpoena for disclosure or | ||||||
7 | production;
| ||||||
8 | (4)
require the NAIC and its affiliates and | ||||||
9 | subsidiaries or third-party consultants to consent to | ||||||
10 | intervention by a company in any judicial or | ||||||
11 | administrative action in which the NAIC and its affiliates | ||||||
12 | and subsidiaries or third-party consultants may be | ||||||
13 | required to disclose confidential information about the | ||||||
14 | company shared with the NAIC and its affiliates and | ||||||
15 | subsidiaries or third-party consultants pursuant to this | ||||||
16 | Article; and | ||||||
17 | (5) excluding documents, material, or information | ||||||
18 | reported pursuant to subsection (c) of Section 131.14b, | ||||||
19 | prohibit the NAIC or third-party consultant from storing | ||||||
20 | the information shared pursuant to this Code in a | ||||||
21 | permanent database after the underlying analysis is | ||||||
22 | completed. | ||||||
23 | (d) The sharing of documents, materials, or information by | ||||||
24 | the Director pursuant to this Article shall not constitute a | ||||||
25 | delegation of regulatory authority or rulemaking, and the | ||||||
26 | Director is solely responsible for the administration, |
| |||||||
| |||||||
1 | execution, and enforcement of the provisions of this Article. | ||||||
2 | (e) No waiver of any applicable privilege or claim of | ||||||
3 | confidentiality in the documents, materials, or information | ||||||
4 | shall occur as a result of disclosure to the Director under | ||||||
5 | this Section or as a result of sharing as authorized in | ||||||
6 | subsection (c) of this Section. | ||||||
7 | (f) Documents, materials, or other information in the | ||||||
8 | possession or control of the NAIC or third-party consultant | ||||||
9 | pursuant to this Article shall be confidential by law and | ||||||
10 | privileged, shall not be subject to the Illinois Freedom of | ||||||
11 | Information Act, shall not be subject to subpoena, and shall | ||||||
12 | not be subject to discovery or admissible in evidence in any | ||||||
13 | private civil action.
| ||||||
14 | (Source: P.A. 102-394, eff. 8-16-21; 102-578, eff. 7-1-22 (See | ||||||
15 | Section 5 of P.A. 102-672 for effective date of P.A. 102-578); | ||||||
16 | revised 12-1-21.) | ||||||
17 | (215 ILCS 5/356z.43) | ||||||
18 | Sec. 356z.43. (Repealed). | ||||||
19 | (Source: P.A. 102-34, eff. 6-25-21. Repealed internally, eff. | ||||||
20 | 1-1-22.)
| ||||||
21 | (215 ILCS 5/356z.45)
| ||||||
22 | Sec. 356z.45 356z.43 . Coverage for patient care services | ||||||
23 | provided by a pharmacist. A group or individual policy of | ||||||
24 | accident and health insurance or a managed care plan that is |
| |||||||
| |||||||
1 | amended, delivered, issued, or renewed on or after January 1, | ||||||
2 | 2023 shall provide coverage for health care or patient care | ||||||
3 | services provided by a pharmacist if: | ||||||
4 | (1) the pharmacist meets the requirements and scope of | ||||||
5 | practice as set forth in Section 43 of the Pharmacy | ||||||
6 | Practice Act; | ||||||
7 | (2) the health plan provides coverage for the same | ||||||
8 | service provided by a licensed physician, an advanced | ||||||
9 | practice registered nurse, or a physician assistant; | ||||||
10 | (3) the pharmacist is included in the health benefit | ||||||
11 | plan's network of participating providers; and | ||||||
12 | (4) a reimbursement has been successfully negotiated | ||||||
13 | in good faith between the pharmacist and the health plan.
| ||||||
14 | (Source: P.A. 102-103, eff. 1-1-23; revised 10-26-21.)
| ||||||
15 | (215 ILCS 5/356z.46)
| ||||||
16 | Sec. 356z.46 356z.43 . Biomarker testing. | ||||||
17 | (a) As used in this Section: | ||||||
18 | "Biomarker" means a characteristic that is objectively | ||||||
19 | measured and evaluated as an indicator of normal biological | ||||||
20 | processes, pathogenic processes, or pharmacologic responses to | ||||||
21 | a specific therapeutic intervention. "Biomarker" includes, but | ||||||
22 | is not limited to, gene mutations or protein expression. | ||||||
23 | "Biomarker testing" means the analysis of a patient's | ||||||
24 | tissue, blood, or fluid biospecimen for the presence of a | ||||||
25 | biomarker. "Biomarker testing" includes, but is not limited |
| |||||||
| |||||||
1 | to, single-analyte tests, multi-plex panel tests, and partial | ||||||
2 | or whole genome sequencing. | ||||||
3 | (b) A group or individual policy of accident and health | ||||||
4 | insurance or managed care plan amended, delivered, issued, or | ||||||
5 | renewed on or after January 1, 2022 shall include coverage for | ||||||
6 | biomarker testing as defined in this Section pursuant to | ||||||
7 | criteria established under subsection (d). | ||||||
8 | (c) Biomarker testing shall be covered and conducted in an | ||||||
9 | efficient manner to provide the most complete range of results | ||||||
10 | to the patient's health care provider without requiring | ||||||
11 | multiple biopsies, biospecimen samples, or other delays or | ||||||
12 | disruptions in patient care. | ||||||
13 | (d) Biomarker testing must be covered for the purposes of | ||||||
14 | diagnosis, treatment, appropriate management, or ongoing | ||||||
15 | monitoring of an enrollee's disease or condition when the test | ||||||
16 | is supported by medical and scientific evidence, including, | ||||||
17 | but not limited to: | ||||||
18 | (1) labeled indications for an FDA-approved test or | ||||||
19 | indicated tests for an FDA-approved drug; | ||||||
20 | (2) federal Centers for Medicare and Medicaid Services | ||||||
21 | National Coverage Determinations; | ||||||
22 | (3) nationally recognized clinical practice | ||||||
23 | guidelines; | ||||||
24 | (4) consensus statements; | ||||||
25 | (5) professional society recommendations; | ||||||
26 | (6) peer-reviewed literature, biomedical compendia, |
| |||||||
| |||||||
1 | and other medical literature that meet the criteria of the | ||||||
2 | National Institutes of Health's National Library of | ||||||
3 | Medicine for indexing in Index Medicus, Excerpta Medicus, | ||||||
4 | Medline, and MEDLARS database of Health Services | ||||||
5 | Technology Assessment Research; and | ||||||
6 | (7) peer-reviewed scientific studies published in or | ||||||
7 | accepted for publication by medical journals that meet | ||||||
8 | nationally recognized requirements for scientific | ||||||
9 | manuscripts and that submit most of their published | ||||||
10 | articles for review by experts who are not part of the | ||||||
11 | editorial staff. | ||||||
12 | (e) When coverage of biomarker testing for the purpose of | ||||||
13 | diagnosis, treatment, or ongoing monitoring of any medical | ||||||
14 | condition is restricted for use by a group or individual | ||||||
15 | policy of accident and health insurance or managed care plan, | ||||||
16 | the patient and prescribing practitioner shall have access to | ||||||
17 | a clear, readily accessible, and convenient processes to | ||||||
18 | request an exception. The process shall be made readily | ||||||
19 | accessible on the insurer's website.
| ||||||
20 | (Source: P.A. 102-203, eff. 1-1-22; revised 10-26-21.)
| ||||||
21 | (215 ILCS 5/356z.47)
| ||||||
22 | Sec. 356z.47 356z.43 . Coverage for pancreatic cancer | ||||||
23 | screening. A group or individual policy of accident and health | ||||||
24 | insurance or a managed care plan that is amended, delivered, | ||||||
25 | issued, or renewed on or after January 1, 2022 shall provide |
| |||||||
| |||||||
1 | coverage for medically necessary pancreatic cancer screening.
| ||||||
2 | (Source: P.A. 102-306, eff. 1-1-22; revised 10-26-21.)
| ||||||
3 | (215 ILCS 5/356z.48)
| ||||||
4 | Sec. 356z.48 356z.43 . Colonoscopy coverage. | ||||||
5 | (a) A group policy of accident and health insurance that | ||||||
6 | is amended, delivered, issued, or renewed on or after January | ||||||
7 | 1, 2022 shall provide coverage for a colonoscopy that is a | ||||||
8 | follow-up exam based on an initial screen where the | ||||||
9 | colonoscopy was determined to be medically necessary by a | ||||||
10 | physician licensed to practice medicine in all its branches, | ||||||
11 | an advanced practice registered nurse, or a physician | ||||||
12 | assistant. | ||||||
13 | (b) A policy subject to this Section shall not impose a | ||||||
14 | deductible, coinsurance, copayment, or any other cost-sharing | ||||||
15 | requirement on the coverage provided; except that this | ||||||
16 | subsection does not apply to coverage of colonoscopies to the | ||||||
17 | extent such coverage would disqualify a high-deductible health | ||||||
18 | plan from eligibility for a health savings account pursuant to | ||||||
19 | Section 223 of the Internal Revenue Code.
| ||||||
20 | (Source: P.A. 102-443, eff. 1-1-22; revised 10-26-21.)
| ||||||
21 | (215 ILCS 5/356z.49)
| ||||||
22 | Sec. 356z.49 356z.43 . A1C testing. | ||||||
23 | (a) As used in this Section, "A1C testing" means blood | ||||||
24 | sugar level testing used to diagnose prediabetes, type 1 |
| |||||||
| |||||||
1 | diabetes, and type 2 diabetes and to monitor management of | ||||||
2 | blood sugar levels. | ||||||
3 | (b) A group or individual policy of accident and health | ||||||
4 | insurance or managed care plan amended, delivered, issued, or | ||||||
5 | renewed on or after January 1, 2022 ( the effective date of | ||||||
6 | Public Act 102-530) this amendatory Act of the 102nd General | ||||||
7 | Assembly shall provide coverage for A1C testing recommended by | ||||||
8 | a health care provider for prediabetes, type 1 diabetes, and | ||||||
9 | type 2 diabetes in accordance with prediabetes and diabetes | ||||||
10 | risk factors identified by the United States Centers for | ||||||
11 | Disease Control and Prevention. | ||||||
12 | (1) Risk factors for prediabetes may include, but are | ||||||
13 | not limited to, being overweight or obese, being aged 35 | ||||||
14 | or older, having an immediate family member with type 2 | ||||||
15 | diabetes, previous diagnosis of gestational diabetes and | ||||||
16 | being African American, Hispanic or Latino American, | ||||||
17 | American Indian, or Alaska Native. | ||||||
18 | (2) Risk factors for type 1 diabetes may include, but | ||||||
19 | are not limited to, family history of diabetes. | ||||||
20 | (3) Risk factors for type 2 diabetes may include, but | ||||||
21 | are not limited to, having prediabetes, being overweight | ||||||
22 | or obese, being aged 35 or older, having an immediate | ||||||
23 | family member with type 1 or type 2 diabetes, previous | ||||||
24 | diagnosis of gestational diabetes and being African | ||||||
25 | American, Hispanic or Latino American, American Indian, or | ||||||
26 | Alaska Native.
|
| |||||||
| |||||||
1 | (Source: P.A. 102-530, eff. 1-1-22; revised 10-26-21.)
| ||||||
2 | (215 ILCS 5/356z.50)
| ||||||
3 | Sec. 356z.50 356z.43 . Comprehensive cancer testing. | ||||||
4 | (a) As used in this Section: | ||||||
5 | "Comprehensive cancer testing" includes, but is not | ||||||
6 | limited to, the following forms of testing: | ||||||
7 | (1) Targeted cancer gene panels. | ||||||
8 | (2) Whole-exome genome testing. | ||||||
9 | (3) Whole-genome sequencing. | ||||||
10 | (4) RNA sequencing. | ||||||
11 | (5) Tumor mutation burden. | ||||||
12 | "Testing of blood or constitutional tissue for cancer | ||||||
13 | predisposition testing" includes, but is not limited to, the | ||||||
14 | following forms of testing: | ||||||
15 | (1) Targeted cancer gene panels. | ||||||
16 | (2) Whole-exome genome testing. | ||||||
17 | (3) Whole-genome sequencing. | ||||||
18 | (b) An individual or group policy of accident and health | ||||||
19 | insurance or managed care plan that is amended, delivered, | ||||||
20 | issued, or renewed on or after January 1, 2022 ( the effective | ||||||
21 | date of Public Act 102-589) this amendatory Act of the 102nd | ||||||
22 | General Assembly shall provide coverage for medically | ||||||
23 | necessary comprehensive cancer testing and testing of blood or | ||||||
24 | constitutional tissue for cancer predisposition testing as | ||||||
25 | determined by a physician licensed to practice medicine in all |
| |||||||
| |||||||
1 | of its branches.
| ||||||
2 | (Source: P.A. 102-589, eff. 1-1-22; revised 10-26-21.)
| ||||||
3 | (215 ILCS 5/356z.51)
| ||||||
4 | Sec. 356z.51 356z.43 . Coverage for port-wine stain | ||||||
5 | treatment. | ||||||
6 | (a) A group or individual policy of accident and health
| ||||||
7 | insurance or managed care plan amended, delivered, issued, or
| ||||||
8 | renewed on or after January 1, 2022 shall provide coverage for
| ||||||
9 | treatment to eliminate or provide maximum
feasible treatment | ||||||
10 | of nevus flammeus, also known as port-wine
stains, including, | ||||||
11 | but not limited to, port-wine stains caused
by Sturge-Weber | ||||||
12 | syndrome. For purposes of this Section, treatment or maximum | ||||||
13 | feasible treatment shall include early intervention treatment, | ||||||
14 | including topical, intralesional, or systemic medical therapy | ||||||
15 | and surgery, and laser treatments approved by the U.S. Food | ||||||
16 | and Drug Administration in children aged 18 years and younger | ||||||
17 | that are intended to prevent functional impairment related to | ||||||
18 | vision function, oral function, inflammation, bleeding, | ||||||
19 | infection, and other medical complications associated with | ||||||
20 | port-wine stains. | ||||||
21 | (b) Coverage for treatment required under this Section | ||||||
22 | shall not include treatment solely for cosmetic purposes.
| ||||||
23 | (Source: P.A. 102-642, eff. 1-1-22; revised 10-26-21.)
| ||||||
24 | (215 ILCS 5/370c) (from Ch. 73, par. 982c)
|
| |||||||
| |||||||
1 | Sec. 370c. Mental and emotional disorders.
| ||||||
2 | (a)(1) On and after January 1, 2022 ( the effective date of | ||||||
3 | Public Act 102-579) this amendatory Act of the 102nd General | ||||||
4 | Assembly August 16, 2019 Public Act 101-386 ,
every insurer | ||||||
5 | that amends, delivers, issues, or renews
group accident and | ||||||
6 | health policies providing coverage for hospital or medical | ||||||
7 | treatment or
services for illness on an expense-incurred basis | ||||||
8 | shall provide coverage for the medically necessary treatment | ||||||
9 | of mental, emotional, nervous, or substance use disorders or | ||||||
10 | conditions consistent with the parity requirements of Section | ||||||
11 | 370c.1 of this Code.
| ||||||
12 | (2) Each insured that is covered for mental, emotional, | ||||||
13 | nervous, or substance use
disorders or conditions shall be | ||||||
14 | free to select the physician licensed to
practice medicine in | ||||||
15 | all its branches, licensed clinical psychologist,
licensed | ||||||
16 | clinical social worker, licensed clinical professional | ||||||
17 | counselor, licensed marriage and family therapist, licensed | ||||||
18 | speech-language pathologist, or other licensed or certified | ||||||
19 | professional at a program licensed pursuant to the Substance | ||||||
20 | Use Disorder Act of
his or her choice to treat such disorders, | ||||||
21 | and
the insurer shall pay the covered charges of such | ||||||
22 | physician licensed to
practice medicine in all its branches, | ||||||
23 | licensed clinical psychologist,
licensed clinical social | ||||||
24 | worker, licensed clinical professional counselor, licensed | ||||||
25 | marriage and family therapist, licensed speech-language | ||||||
26 | pathologist, or other licensed or certified professional at a |
| |||||||
| |||||||
1 | program licensed pursuant to the Substance Use Disorder Act up
| ||||||
2 | to the limits of coverage, provided (i)
the disorder or | ||||||
3 | condition treated is covered by the policy, and (ii) the
| ||||||
4 | physician, licensed psychologist, licensed clinical social | ||||||
5 | worker, licensed
clinical professional counselor, licensed | ||||||
6 | marriage and family therapist, licensed speech-language | ||||||
7 | pathologist, or other licensed or certified professional at a | ||||||
8 | program licensed pursuant to the Substance Use Disorder Act is
| ||||||
9 | authorized to provide said services under the statutes of this | ||||||
10 | State and in
accordance with accepted principles of his or her | ||||||
11 | profession.
| ||||||
12 | (3) Insofar as this Section applies solely to licensed | ||||||
13 | clinical social
workers, licensed clinical professional | ||||||
14 | counselors, licensed marriage and family therapists, licensed | ||||||
15 | speech-language pathologists, and other licensed or certified | ||||||
16 | professionals at programs licensed pursuant to the Substance | ||||||
17 | Use Disorder Act, those persons who may
provide services to | ||||||
18 | individuals shall do so
after the licensed clinical social | ||||||
19 | worker, licensed clinical professional
counselor, licensed | ||||||
20 | marriage and family therapist, licensed speech-language | ||||||
21 | pathologist, or other licensed or certified professional at a | ||||||
22 | program licensed pursuant to the Substance Use Disorder Act | ||||||
23 | has informed the patient of the
desirability of the patient | ||||||
24 | conferring with the patient's primary care
physician.
| ||||||
25 | (4) "Mental, emotional, nervous, or substance use disorder | ||||||
26 | or condition" means a condition or disorder that involves a |
| |||||||
| |||||||
1 | mental health condition or substance use disorder that falls | ||||||
2 | under any of the diagnostic categories listed in the mental | ||||||
3 | and behavioral disorders chapter of the current edition of the | ||||||
4 | World Health Organization's International Classification of | ||||||
5 | Disease or that is listed in the most recent version of the | ||||||
6 | American Psychiatric Association's Diagnostic and Statistical | ||||||
7 | Manual of Mental Disorders. "Mental, emotional, nervous, or | ||||||
8 | substance use disorder or condition" includes any mental | ||||||
9 | health condition that occurs during pregnancy or during the | ||||||
10 | postpartum period and includes, but is not limited to, | ||||||
11 | postpartum depression. | ||||||
12 | (5) Medically necessary treatment and medical necessity | ||||||
13 | determinations shall be interpreted and made in a manner that | ||||||
14 | is consistent with and pursuant to subsections (h) through | ||||||
15 | (t). | ||||||
16 | (b)(1) (Blank).
| ||||||
17 | (2) (Blank).
| ||||||
18 | (2.5) (Blank). | ||||||
19 | (3) Unless otherwise prohibited by federal law and | ||||||
20 | consistent with the parity requirements of Section 370c.1 of | ||||||
21 | this Code, the reimbursing insurer that amends, delivers, | ||||||
22 | issues, or renews a group or individual policy of accident and | ||||||
23 | health insurance, a qualified health plan offered through the | ||||||
24 | health insurance marketplace, or a provider of treatment of | ||||||
25 | mental, emotional, nervous,
or substance use disorders or | ||||||
26 | conditions shall furnish medical records or other necessary |
| |||||||
| |||||||
1 | data
that substantiate that initial or continued treatment is | ||||||
2 | at all times medically
necessary. An insurer shall provide a | ||||||
3 | mechanism for the timely review by a
provider holding the same | ||||||
4 | license and practicing in the same specialty as the
patient's | ||||||
5 | provider, who is unaffiliated with the insurer, jointly | ||||||
6 | selected by
the patient (or the patient's next of kin or legal | ||||||
7 | representative if the
patient is unable to act for himself or | ||||||
8 | herself), the patient's provider, and
the insurer in the event | ||||||
9 | of a dispute between the insurer and patient's
provider | ||||||
10 | regarding the medical necessity of a treatment proposed by a | ||||||
11 | patient's
provider. If the reviewing provider determines the | ||||||
12 | treatment to be medically
necessary, the insurer shall provide | ||||||
13 | reimbursement for the treatment. Future
contractual or | ||||||
14 | employment actions by the insurer regarding the patient's
| ||||||
15 | provider may not be based on the provider's participation in | ||||||
16 | this procedure.
Nothing prevents
the insured from agreeing in | ||||||
17 | writing to continue treatment at his or her
expense. When | ||||||
18 | making a determination of the medical necessity for a | ||||||
19 | treatment
modality for mental, emotional, nervous, or | ||||||
20 | substance use disorders or conditions, an insurer must make | ||||||
21 | the determination in a
manner that is consistent with the | ||||||
22 | manner used to make that determination with
respect to other | ||||||
23 | diseases or illnesses covered under the policy, including an
| ||||||
24 | appeals process. Medical necessity determinations for | ||||||
25 | substance use disorders shall be made in accordance with | ||||||
26 | appropriate patient placement criteria established by the |
| |||||||
| |||||||
1 | American Society of Addiction Medicine. No additional criteria | ||||||
2 | may be used to make medical necessity determinations for | ||||||
3 | substance use disorders.
| ||||||
4 | (4) A group health benefit plan amended, delivered, | ||||||
5 | issued, or renewed on or after January 1, 2019 (the effective | ||||||
6 | date of Public Act 100-1024) or an individual policy of | ||||||
7 | accident and health insurance or a qualified health plan | ||||||
8 | offered through the health insurance marketplace amended, | ||||||
9 | delivered, issued, or renewed on or after January 1, 2019 (the | ||||||
10 | effective date of Public Act 100-1024):
| ||||||
11 | (A) shall provide coverage based upon medical | ||||||
12 | necessity for the
treatment of a mental, emotional, | ||||||
13 | nervous, or substance use disorder or condition consistent | ||||||
14 | with the parity requirements of Section 370c.1 of this | ||||||
15 | Code; provided, however, that in each calendar year | ||||||
16 | coverage shall not be less than the following:
| ||||||
17 | (i) 45 days of inpatient treatment; and
| ||||||
18 | (ii) beginning on June 26, 2006 (the effective | ||||||
19 | date of Public Act 94-921), 60 visits for outpatient | ||||||
20 | treatment including group and individual
outpatient | ||||||
21 | treatment; and | ||||||
22 | (iii) for plans or policies delivered, issued for | ||||||
23 | delivery, renewed, or modified after January 1, 2007 | ||||||
24 | (the effective date of Public Act 94-906),
20 | ||||||
25 | additional outpatient visits for speech therapy for | ||||||
26 | treatment of pervasive developmental disorders that |
| |||||||
| |||||||
1 | will be in addition to speech therapy provided | ||||||
2 | pursuant to item (ii) of this subparagraph (A); and
| ||||||
3 | (B) may not include a lifetime limit on the number of | ||||||
4 | days of inpatient
treatment or the number of outpatient | ||||||
5 | visits covered under the plan.
| ||||||
6 | (C) (Blank).
| ||||||
7 | (5) An issuer of a group health benefit plan or an | ||||||
8 | individual policy of accident and health insurance or a | ||||||
9 | qualified health plan offered through the health insurance | ||||||
10 | marketplace may not count toward the number
of outpatient | ||||||
11 | visits required to be covered under this Section an outpatient
| ||||||
12 | visit for the purpose of medication management and shall cover | ||||||
13 | the outpatient
visits under the same terms and conditions as | ||||||
14 | it covers outpatient visits for
the treatment of physical | ||||||
15 | illness.
| ||||||
16 | (5.5) An individual or group health benefit plan amended, | ||||||
17 | delivered, issued, or renewed on or after September 9, 2015 | ||||||
18 | (the effective date of Public Act 99-480) shall offer coverage | ||||||
19 | for medically necessary acute treatment services and medically | ||||||
20 | necessary clinical stabilization services. The treating | ||||||
21 | provider shall base all treatment recommendations and the | ||||||
22 | health benefit plan shall base all medical necessity | ||||||
23 | determinations for substance use disorders in accordance with | ||||||
24 | the most current edition of the Treatment Criteria for | ||||||
25 | Addictive, Substance-Related, and Co-Occurring Conditions | ||||||
26 | established by the American Society of Addiction Medicine. The |
| |||||||
| |||||||
1 | treating provider shall base all treatment recommendations and | ||||||
2 | the health benefit plan shall base all medical necessity | ||||||
3 | determinations for medication-assisted treatment in accordance | ||||||
4 | with the most current Treatment Criteria for Addictive, | ||||||
5 | Substance-Related, and Co-Occurring Conditions established by | ||||||
6 | the American Society of Addiction Medicine. | ||||||
7 | As used in this subsection: | ||||||
8 | "Acute treatment services" means 24-hour medically | ||||||
9 | supervised addiction treatment that provides evaluation and | ||||||
10 | withdrawal management and may include biopsychosocial | ||||||
11 | assessment, individual and group counseling, psychoeducational | ||||||
12 | groups, and discharge planning. | ||||||
13 | "Clinical stabilization services" means 24-hour treatment, | ||||||
14 | usually following acute treatment services for substance | ||||||
15 | abuse, which may include intensive education and counseling | ||||||
16 | regarding the nature of addiction and its consequences, | ||||||
17 | relapse prevention, outreach to families and significant | ||||||
18 | others, and aftercare planning for individuals beginning to | ||||||
19 | engage in recovery from addiction. | ||||||
20 | (6) An issuer of a group health benefit
plan may provide or | ||||||
21 | offer coverage required under this Section through a
managed | ||||||
22 | care plan.
| ||||||
23 | (6.5) An individual or group health benefit plan amended, | ||||||
24 | delivered, issued, or renewed on or after January 1, 2019 (the | ||||||
25 | effective date of Public Act 100-1024): | ||||||
26 | (A) shall not impose prior authorization requirements, |
| |||||||
| |||||||
1 | other than those established under the Treatment Criteria | ||||||
2 | for Addictive, Substance-Related, and Co-Occurring | ||||||
3 | Conditions established by the American Society of | ||||||
4 | Addiction Medicine, on a prescription medication approved | ||||||
5 | by the United States Food and Drug Administration that is | ||||||
6 | prescribed or administered for the treatment of substance | ||||||
7 | use disorders; | ||||||
8 | (B) shall not impose any step therapy requirements, | ||||||
9 | other than those established under the Treatment Criteria | ||||||
10 | for Addictive, Substance-Related, and Co-Occurring | ||||||
11 | Conditions established by the American Society of | ||||||
12 | Addiction Medicine, before authorizing coverage for a | ||||||
13 | prescription medication approved by the United States Food | ||||||
14 | and Drug Administration that is prescribed or administered | ||||||
15 | for the treatment of substance use disorders; | ||||||
16 | (C) shall place all prescription medications approved | ||||||
17 | by the United States Food and Drug Administration | ||||||
18 | prescribed or administered for the treatment of substance | ||||||
19 | use disorders on, for brand medications, the lowest tier | ||||||
20 | of the drug formulary developed and maintained by the | ||||||
21 | individual or group health benefit plan that covers brand | ||||||
22 | medications and, for generic medications, the lowest tier | ||||||
23 | of the drug formulary developed and maintained by the | ||||||
24 | individual or group health benefit plan that covers | ||||||
25 | generic medications; and | ||||||
26 | (D) shall not exclude coverage for a prescription |
| |||||||
| |||||||
1 | medication approved by the United States Food and Drug | ||||||
2 | Administration for the treatment of substance use | ||||||
3 | disorders and any associated counseling or wraparound | ||||||
4 | services on the grounds that such medications and services | ||||||
5 | were court ordered. | ||||||
6 | (7) (Blank).
| ||||||
7 | (8)
(Blank).
| ||||||
8 | (9) With respect to all mental, emotional, nervous, or | ||||||
9 | substance use disorders or conditions, coverage for inpatient | ||||||
10 | treatment shall include coverage for treatment in a | ||||||
11 | residential treatment center certified or licensed by the | ||||||
12 | Department of Public Health or the Department of Human | ||||||
13 | Services. | ||||||
14 | (c) This Section shall not be interpreted to require | ||||||
15 | coverage for speech therapy or other habilitative services for | ||||||
16 | those individuals covered under Section 356z.15
of this Code. | ||||||
17 | (d) With respect to a group or individual policy of | ||||||
18 | accident and health insurance or a qualified health plan | ||||||
19 | offered through the health insurance marketplace, the | ||||||
20 | Department and, with respect to medical assistance, the | ||||||
21 | Department of Healthcare and Family Services shall each | ||||||
22 | enforce the requirements of this Section and Sections 356z.23 | ||||||
23 | and 370c.1 of this Code, the Paul Wellstone and Pete Domenici | ||||||
24 | Mental Health Parity and Addiction Equity Act of 2008, 42 | ||||||
25 | U.S.C. 18031(j), and any amendments to, and federal guidance | ||||||
26 | or regulations issued under, those Acts, including, but not |
| |||||||
| |||||||
1 | limited to, final regulations issued under the Paul Wellstone | ||||||
2 | and Pete Domenici Mental Health Parity and Addiction Equity | ||||||
3 | Act of 2008 and final regulations applying the Paul Wellstone | ||||||
4 | and Pete Domenici Mental Health Parity and Addiction Equity | ||||||
5 | Act of 2008 to Medicaid managed care organizations, the | ||||||
6 | Children's Health Insurance Program, and alternative benefit | ||||||
7 | plans. Specifically, the Department and the Department of | ||||||
8 | Healthcare and Family Services shall take action: | ||||||
9 | (1) proactively ensuring compliance by individual and | ||||||
10 | group policies, including by requiring that insurers | ||||||
11 | submit comparative analyses, as set forth in paragraph (6) | ||||||
12 | of subsection (k) of Section 370c.1, demonstrating how | ||||||
13 | they design and apply nonquantitative treatment | ||||||
14 | limitations, both as written and in operation, for mental, | ||||||
15 | emotional, nervous, or substance use disorder or condition | ||||||
16 | benefits as compared to how they design and apply | ||||||
17 | nonquantitative treatment limitations, as written and in | ||||||
18 | operation, for medical and surgical benefits; | ||||||
19 | (2) evaluating all consumer or provider complaints | ||||||
20 | regarding mental, emotional, nervous, or substance use | ||||||
21 | disorder or condition coverage for possible parity | ||||||
22 | violations; | ||||||
23 | (3) performing parity compliance market conduct | ||||||
24 | examinations or, in the case of the Department of | ||||||
25 | Healthcare and Family Services, parity compliance audits | ||||||
26 | of individual and group plans and policies, including, but |
| |||||||
| |||||||
1 | not limited to, reviews of: | ||||||
2 | (A) nonquantitative treatment limitations, | ||||||
3 | including, but not limited to, prior authorization | ||||||
4 | requirements, concurrent review, retrospective review, | ||||||
5 | step therapy, network admission standards, | ||||||
6 | reimbursement rates, and geographic restrictions; | ||||||
7 | (B) denials of authorization, payment, and | ||||||
8 | coverage; and | ||||||
9 | (C) other specific criteria as may be determined | ||||||
10 | by the Department. | ||||||
11 | The findings and the conclusions of the parity compliance | ||||||
12 | market conduct examinations and audits shall be made public. | ||||||
13 | The Director may adopt rules to effectuate any provisions | ||||||
14 | of the Paul Wellstone and Pete Domenici Mental Health Parity | ||||||
15 | and Addiction Equity Act of 2008 that relate to the business of | ||||||
16 | insurance. | ||||||
17 | (e) Availability of plan information. | ||||||
18 | (1) The criteria for medical necessity determinations | ||||||
19 | made under a group health plan, an individual policy of | ||||||
20 | accident and health insurance, or a qualified health plan | ||||||
21 | offered through the health insurance marketplace with | ||||||
22 | respect to mental health or substance use disorder | ||||||
23 | benefits (or health insurance coverage offered in | ||||||
24 | connection with the plan with respect to such benefits) | ||||||
25 | must be made available by the plan administrator (or the | ||||||
26 | health insurance issuer offering such coverage) to any |
| |||||||
| |||||||
1 | current or potential participant, beneficiary, or | ||||||
2 | contracting provider upon request. | ||||||
3 | (2) The reason for any denial under a group health | ||||||
4 | benefit plan, an individual policy of accident and health | ||||||
5 | insurance, or a qualified health plan offered through the | ||||||
6 | health insurance marketplace (or health insurance coverage | ||||||
7 | offered in connection with such plan or policy) of | ||||||
8 | reimbursement or payment for services with respect to | ||||||
9 | mental, emotional, nervous, or substance use disorders or | ||||||
10 | conditions benefits in the case of any participant or | ||||||
11 | beneficiary must be made available within a reasonable | ||||||
12 | time and in a reasonable manner and in readily | ||||||
13 | understandable language by the plan administrator (or the | ||||||
14 | health insurance issuer offering such coverage) to the | ||||||
15 | participant or beneficiary upon request. | ||||||
16 | (f) As used in this Section, "group policy of accident and | ||||||
17 | health insurance" and "group health benefit plan" includes (1) | ||||||
18 | State-regulated employer-sponsored group health insurance | ||||||
19 | plans written in Illinois or which purport to provide coverage | ||||||
20 | for a resident of this State; and (2) State employee health | ||||||
21 | plans. | ||||||
22 | (g) (1) As used in this subsection: | ||||||
23 | "Benefits", with respect to insurers, means
the benefits | ||||||
24 | provided for treatment services for inpatient and outpatient | ||||||
25 | treatment of substance use disorders or conditions at American | ||||||
26 | Society of Addiction Medicine levels of treatment 2.1 |
| |||||||
| |||||||
1 | (Intensive Outpatient), 2.5 (Partial Hospitalization), 3.1 | ||||||
2 | (Clinically Managed Low-Intensity Residential), 3.3 | ||||||
3 | (Clinically Managed Population-Specific High-Intensity | ||||||
4 | Residential), 3.5 (Clinically Managed High-Intensity | ||||||
5 | Residential), and 3.7 (Medically Monitored Intensive | ||||||
6 | Inpatient) and OMT (Opioid Maintenance Therapy) services. | ||||||
7 | "Benefits", with respect to managed care organizations, | ||||||
8 | means the benefits provided for treatment services for | ||||||
9 | inpatient and outpatient treatment of substance use disorders | ||||||
10 | or conditions at American Society of Addiction Medicine levels | ||||||
11 | of treatment 2.1 (Intensive Outpatient), 2.5 (Partial | ||||||
12 | Hospitalization), 3.5 (Clinically Managed High-Intensity | ||||||
13 | Residential), and 3.7 (Medically Monitored Intensive | ||||||
14 | Inpatient) and OMT (Opioid Maintenance Therapy) services. | ||||||
15 | "Substance use disorder treatment provider or facility" | ||||||
16 | means a licensed physician, licensed psychologist, licensed | ||||||
17 | psychiatrist, licensed advanced practice registered nurse, or | ||||||
18 | licensed, certified, or otherwise State-approved facility or | ||||||
19 | provider of substance use disorder treatment. | ||||||
20 | (2) A group health insurance policy, an individual health | ||||||
21 | benefit plan, or qualified health plan that is offered through | ||||||
22 | the health insurance marketplace, small employer group health | ||||||
23 | plan, and large employer group health plan that is amended, | ||||||
24 | delivered, issued, executed, or renewed in this State, or | ||||||
25 | approved for issuance or renewal in this State, on or after | ||||||
26 | January 1, 2019 (the effective date of Public Act 100-1023) |
| |||||||
| |||||||
1 | shall comply with the requirements of this Section and Section | ||||||
2 | 370c.1. The services for the treatment and the ongoing | ||||||
3 | assessment of the patient's progress in treatment shall follow | ||||||
4 | the requirements of 77 Ill. Adm. Code 2060. | ||||||
5 | (3) Prior authorization shall not be utilized for the | ||||||
6 | benefits under this subsection. The substance use disorder | ||||||
7 | treatment provider or facility shall notify the insurer of the | ||||||
8 | initiation of treatment. For an insurer that is not a managed | ||||||
9 | care organization, the substance use disorder treatment | ||||||
10 | provider or facility notification shall occur for the | ||||||
11 | initiation of treatment of the covered person within 2 | ||||||
12 | business days. For managed care organizations, the substance | ||||||
13 | use disorder treatment provider or facility notification shall | ||||||
14 | occur in accordance with the protocol set forth in the | ||||||
15 | provider agreement for initiation of treatment within 24 | ||||||
16 | hours. If the managed care organization is not capable of | ||||||
17 | accepting the notification in accordance with the contractual | ||||||
18 | protocol during the 24-hour period following admission, the | ||||||
19 | substance use disorder treatment provider or facility shall | ||||||
20 | have one additional business day to provide the notification | ||||||
21 | to the appropriate managed care organization. Treatment plans | ||||||
22 | shall be developed in accordance with the requirements and | ||||||
23 | timeframes established in 77 Ill. Adm. Code 2060. If the | ||||||
24 | substance use disorder treatment provider or facility fails to | ||||||
25 | notify the insurer of the initiation of treatment in | ||||||
26 | accordance with these provisions, the insurer may follow its |
| |||||||
| |||||||
1 | normal prior authorization processes. | ||||||
2 | (4) For an insurer that is not a managed care | ||||||
3 | organization, if an insurer determines that benefits are no | ||||||
4 | longer medically necessary, the insurer shall notify the | ||||||
5 | covered person, the covered person's authorized | ||||||
6 | representative, if any, and the covered person's health care | ||||||
7 | provider in writing of the covered person's right to request | ||||||
8 | an external review pursuant to the Health Carrier External | ||||||
9 | Review Act. The notification shall occur within 24 hours | ||||||
10 | following the adverse determination. | ||||||
11 | Pursuant to the requirements of the Health Carrier | ||||||
12 | External Review Act, the covered person or the covered | ||||||
13 | person's authorized representative may request an expedited | ||||||
14 | external review.
An expedited external review may not occur if | ||||||
15 | the substance use disorder treatment provider or facility | ||||||
16 | determines that continued treatment is no longer medically | ||||||
17 | necessary. Under this subsection, a request for expedited | ||||||
18 | external review must be initiated within 24 hours following | ||||||
19 | the adverse determination notification by the insurer. Failure | ||||||
20 | to request an expedited external review within 24 hours shall | ||||||
21 | preclude a covered person or a covered person's authorized | ||||||
22 | representative from requesting an expedited external review. | ||||||
23 | If an expedited external review request meets the criteria | ||||||
24 | of the Health Carrier External Review Act, an independent | ||||||
25 | review organization shall make a final determination of | ||||||
26 | medical necessity within 72 hours. If an independent review |
| |||||||
| |||||||
1 | organization upholds an adverse determination, an insurer | ||||||
2 | shall remain responsible to provide coverage of benefits | ||||||
3 | through the day following the determination of the independent | ||||||
4 | review organization. A decision to reverse an adverse | ||||||
5 | determination shall comply with the Health Carrier External | ||||||
6 | Review Act. | ||||||
7 | (5) The substance use disorder treatment provider or | ||||||
8 | facility shall provide the insurer with 7 business days' | ||||||
9 | advance notice of the planned discharge of the patient from | ||||||
10 | the substance use disorder treatment provider or facility and | ||||||
11 | notice on the day that the patient is discharged from the | ||||||
12 | substance use disorder treatment provider or facility. | ||||||
13 | (6) The benefits required by this subsection shall be | ||||||
14 | provided to all covered persons with a diagnosis of substance | ||||||
15 | use disorder or conditions. The presence of additional related | ||||||
16 | or unrelated diagnoses shall not be a basis to reduce or deny | ||||||
17 | the benefits required by this subsection. | ||||||
18 | (7) Nothing in this subsection shall be construed to | ||||||
19 | require an insurer to provide coverage for any of the benefits | ||||||
20 | in this subsection. | ||||||
21 | (h) As used in this Section: | ||||||
22 | "Generally accepted standards of mental, emotional, | ||||||
23 | nervous, or substance use disorder or condition care" means | ||||||
24 | standards of care and clinical practice that are generally | ||||||
25 | recognized by health care providers practicing in relevant | ||||||
26 | clinical specialties such as psychiatry, psychology, clinical |
| |||||||
| |||||||
1 | sociology, social work, addiction medicine and counseling, and | ||||||
2 | behavioral health treatment. Valid, evidence-based sources | ||||||
3 | reflecting generally accepted standards of mental, emotional, | ||||||
4 | nervous, or substance use disorder or condition care include | ||||||
5 | peer-reviewed scientific studies and medical literature, | ||||||
6 | recommendations of nonprofit health care provider professional | ||||||
7 | associations and specialty societies, including, but not | ||||||
8 | limited to, patient placement criteria and clinical practice | ||||||
9 | guidelines, recommendations of federal government agencies, | ||||||
10 | and drug labeling approved by the United States Food and Drug | ||||||
11 | Administration. | ||||||
12 | "Medically necessary treatment of mental, emotional, | ||||||
13 | nervous, or substance use disorders or conditions" means a | ||||||
14 | service or product addressing the specific needs of that | ||||||
15 | patient, for the purpose of screening, preventing, diagnosing, | ||||||
16 | managing, or treating an illness, injury, or condition or its | ||||||
17 | symptoms and comorbidities, including minimizing the | ||||||
18 | progression of an illness, injury, or condition or its | ||||||
19 | symptoms and comorbidities in a manner that is all of the | ||||||
20 | following: | ||||||
21 | (1) in accordance with the generally accepted | ||||||
22 | standards of mental, emotional, nervous, or substance use | ||||||
23 | disorder or condition care; | ||||||
24 | (2) clinically appropriate in terms of type, | ||||||
25 | frequency, extent, site, and duration; and | ||||||
26 | (3) not primarily for the economic benefit of the |
| |||||||
| |||||||
1 | insurer, purchaser, or for the convenience of the patient, | ||||||
2 | treating physician, or other health care provider. | ||||||
3 | "Utilization review" means either of the following: | ||||||
4 | (1) prospectively, retrospectively, or concurrently | ||||||
5 | reviewing and approving, modifying, delaying, or denying, | ||||||
6 | based in whole or in part on medical necessity, requests | ||||||
7 | by health care providers, insureds, or their authorized | ||||||
8 | representatives for coverage of health care services | ||||||
9 | before, retrospectively, or concurrently with the | ||||||
10 | provision of health care services to insureds. | ||||||
11 | (2) evaluating the medical necessity, appropriateness, | ||||||
12 | level of care, service intensity, efficacy, or efficiency | ||||||
13 | of health care services, benefits, procedures, or | ||||||
14 | settings, under any circumstances, to determine whether a | ||||||
15 | health care service or benefit subject to a medical | ||||||
16 | necessity coverage requirement in an insurance policy is | ||||||
17 | covered as medically necessary for an insured. | ||||||
18 | "Utilization review criteria" means patient placement | ||||||
19 | criteria or any criteria, standards, protocols, or guidelines | ||||||
20 | used by an insurer to conduct utilization review. | ||||||
21 | (i)(1) Every insurer that amends, delivers, issues, or | ||||||
22 | renews a group or individual policy of accident and health | ||||||
23 | insurance or a qualified health plan offered through the | ||||||
24 | health insurance marketplace in this State and Medicaid | ||||||
25 | managed care organizations providing coverage for hospital or | ||||||
26 | medical treatment on or after January 1, 2023 shall, pursuant |
| |||||||
| |||||||
1 | to subsections (h) through (s), provide coverage for medically | ||||||
2 | necessary treatment of mental, emotional, nervous, or | ||||||
3 | substance use disorders or conditions. | ||||||
4 | (2) An insurer shall not set a specific limit on the | ||||||
5 | duration of benefits or coverage of medically necessary | ||||||
6 | treatment of mental, emotional, nervous, or substance use | ||||||
7 | disorders or conditions or limit coverage only to alleviation | ||||||
8 | of the insured's current symptoms. | ||||||
9 | (3) All medical necessity determinations made by the | ||||||
10 | insurer concerning service intensity, level of care placement, | ||||||
11 | continued stay, and transfer or discharge of insureds | ||||||
12 | diagnosed with mental, emotional, nervous, or substance use | ||||||
13 | disorders or conditions shall be conducted in accordance with | ||||||
14 | the requirements of subsections (k) through (u). | ||||||
15 | (4) An insurer that authorizes a specific type of | ||||||
16 | treatment by a provider pursuant to this Section shall not | ||||||
17 | rescind or modify the authorization after that provider | ||||||
18 | renders the health care service in good faith and pursuant to | ||||||
19 | this authorization for any reason, including, but not limited | ||||||
20 | to, the insurer's subsequent cancellation or modification of | ||||||
21 | the insured's or policyholder's contract, or the insured's or | ||||||
22 | policyholder's eligibility. Nothing in this Section shall | ||||||
23 | require the insurer to cover a treatment when the | ||||||
24 | authorization was granted based on a material | ||||||
25 | misrepresentation by the insured, the policyholder, or the | ||||||
26 | provider. Nothing in this Section shall require Medicaid |
| |||||||
| |||||||
1 | managed care organizations to pay for services if the | ||||||
2 | individual was not eligible for Medicaid at the time the | ||||||
3 | service was rendered. Nothing in this Section shall require an | ||||||
4 | insurer to pay for services if the individual was not the | ||||||
5 | insurer's enrollee at the time services were rendered. As used | ||||||
6 | in this paragraph, "material" means a fact or situation that | ||||||
7 | is not merely technical in nature and results in or could | ||||||
8 | result in a substantial change in the situation. | ||||||
9 | (j) An insurer shall not limit benefits or coverage for | ||||||
10 | medically necessary services on the basis that those services | ||||||
11 | should be or could be covered by a public entitlement program, | ||||||
12 | including, but not limited to, special education or an | ||||||
13 | individualized education program, Medicaid, Medicare, | ||||||
14 | Supplemental Security Income, or Social Security Disability | ||||||
15 | Insurance, and shall not include or enforce a contract term | ||||||
16 | that excludes otherwise covered benefits on the basis that | ||||||
17 | those services should be or could be covered by a public | ||||||
18 | entitlement program. Nothing in this subsection shall be | ||||||
19 | construed to require an insurer to cover benefits that have | ||||||
20 | been authorized and provided for a covered person by a public | ||||||
21 | entitlement program. Medicaid managed care organizations are | ||||||
22 | not subject to this subsection. | ||||||
23 | (k) An insurer shall base any medical necessity | ||||||
24 | determination or the utilization review criteria that the | ||||||
25 | insurer, and any entity acting on the insurer's behalf, | ||||||
26 | applies to determine the medical necessity of health care |
| |||||||
| |||||||
1 | services and benefits for the diagnosis, prevention, and | ||||||
2 | treatment of mental, emotional, nervous, or substance use | ||||||
3 | disorders or conditions on current generally accepted | ||||||
4 | standards of mental, emotional, nervous, or substance use | ||||||
5 | disorder or condition care. All denials and appeals shall be | ||||||
6 | reviewed by a professional with experience or expertise | ||||||
7 | comparable to the provider requesting the authorization. | ||||||
8 | (l) For medical necessity determinations relating to level | ||||||
9 | of care placement, continued stay, and transfer or discharge | ||||||
10 | of insureds diagnosed with mental, emotional, and nervous | ||||||
11 | disorders or conditions, an insurer shall apply the patient | ||||||
12 | placement criteria set forth in the most recent version of the | ||||||
13 | treatment criteria developed by an unaffiliated nonprofit | ||||||
14 | professional association for the relevant clinical specialty | ||||||
15 | or, for Medicaid managed care organizations, patient placement | ||||||
16 | criteria determined by the Department of Healthcare and Family | ||||||
17 | Services that are consistent with generally accepted standards | ||||||
18 | of mental, emotional, nervous or substance use disorder or | ||||||
19 | condition care. Pursuant to subsection (b), in conducting | ||||||
20 | utilization review of all covered services and benefits for | ||||||
21 | the diagnosis, prevention, and treatment of substance use | ||||||
22 | disorders an insurer shall use the most recent edition of the | ||||||
23 | patient placement criteria established by the American Society | ||||||
24 | of Addiction Medicine. | ||||||
25 | (m) For medical necessity determinations relating to level | ||||||
26 | of care placement, continued stay, and transfer or discharge |
| |||||||
| |||||||
1 | that are within the scope of the sources specified in | ||||||
2 | subsection (l), an insurer shall not apply different, | ||||||
3 | additional, conflicting, or more restrictive utilization | ||||||
4 | review criteria than the criteria set forth in those sources. | ||||||
5 | For all level of care placement decisions, the insurer shall | ||||||
6 | authorize placement at the level of care consistent with the | ||||||
7 | assessment of the insured using the relevant patient placement | ||||||
8 | criteria as specified in subsection (l). If that level of | ||||||
9 | placement is not available, the insurer shall authorize the | ||||||
10 | next higher level of care. In the event of disagreement, the | ||||||
11 | insurer shall provide full detail of its assessment using the | ||||||
12 | relevant criteria as specified in subsection (l) to the | ||||||
13 | provider of the service and the patient. | ||||||
14 | Nothing in this subsection or subsection (l) prohibits an | ||||||
15 | insurer from applying utilization review criteria that were | ||||||
16 | developed in accordance with subsection (k) to health care | ||||||
17 | services and benefits for mental, emotional, and nervous | ||||||
18 | disorders or conditions that are not related to medical | ||||||
19 | necessity determinations for level of care placement, | ||||||
20 | continued stay, and transfer or discharge. If an insurer | ||||||
21 | purchases or licenses utilization review criteria pursuant to | ||||||
22 | this subsection, the insurer shall verify and document before | ||||||
23 | use that the criteria were developed in accordance with | ||||||
24 | subsection (k). | ||||||
25 | (n) In conducting utilization review that is outside the | ||||||
26 | scope of the criteria as specified in subsection (l) or |
| |||||||
| |||||||
1 | relates to the advancements in technology or in the types or | ||||||
2 | levels of care that are not addressed in the most recent | ||||||
3 | versions of the sources specified in subsection (l), an | ||||||
4 | insurer shall conduct utilization review in accordance with | ||||||
5 | subsection (k). | ||||||
6 | (o) This Section does not in any way limit the rights of a | ||||||
7 | patient under the Medical Patient Rights Act. | ||||||
8 | (p) This Section does not in any way limit early and | ||||||
9 | periodic screening, diagnostic, and treatment benefits as | ||||||
10 | defined under 42 U.S.C. 1396d(r). | ||||||
11 | (q) To ensure the proper use of the criteria described in | ||||||
12 | subsection (l), every insurer shall do all of the following: | ||||||
13 | (1) Educate the insurer's staff, including any third | ||||||
14 | parties contracted with the insurer to review claims, | ||||||
15 | conduct utilization reviews, or make medical necessity | ||||||
16 | determinations about the utilization review criteria. | ||||||
17 | (2) Make the educational program available to other | ||||||
18 | stakeholders, including the insurer's participating or | ||||||
19 | contracted providers and potential participants, | ||||||
20 | beneficiaries, or covered lives. The education program | ||||||
21 | must be provided at least once a year, in-person or | ||||||
22 | digitally, or recordings of the education program must be | ||||||
23 | made available to the aforementioned stakeholders. | ||||||
24 | (3) Provide, at no cost, the utilization review | ||||||
25 | criteria and any training material or resources to | ||||||
26 | providers and insured patients upon request. For |
| |||||||
| |||||||
1 | utilization review criteria not concerning level of care | ||||||
2 | placement, continued stay, and transfer or discharge used | ||||||
3 | by the insurer pursuant to subsection (m), the insurer may | ||||||
4 | place the criteria on a secure, password-protected website | ||||||
5 | so long as the access requirements of the website do not | ||||||
6 | unreasonably restrict access to insureds or their | ||||||
7 | providers. No restrictions shall be placed upon the | ||||||
8 | insured's or treating provider's access right to | ||||||
9 | utilization review criteria obtained under this paragraph | ||||||
10 | at any point in time, including before an initial request | ||||||
11 | for authorization. | ||||||
12 | (4) Track, identify, and analyze how the utilization | ||||||
13 | review criteria are used to certify care, deny care, and | ||||||
14 | support the appeals process. | ||||||
15 | (5) Conduct interrater reliability testing to ensure | ||||||
16 | consistency in utilization review decision making that | ||||||
17 | covers how medical necessity decisions are made; this | ||||||
18 | assessment shall cover all aspects of utilization review | ||||||
19 | as defined in subsection (h). | ||||||
20 | (6) Run interrater reliability reports about how the | ||||||
21 | clinical guidelines are used in conjunction with the | ||||||
22 | utilization review process and parity compliance | ||||||
23 | activities. | ||||||
24 | (7) Achieve interrater reliability pass rates of at | ||||||
25 | least 90% and, if this threshold is not met, immediately | ||||||
26 | provide for the remediation of poor interrater reliability |
| |||||||
| |||||||
1 | and interrater reliability testing for all new staff | ||||||
2 | before they can conduct utilization review without | ||||||
3 | supervision. | ||||||
4 | (8) Maintain documentation of interrater reliability | ||||||
5 | testing and the remediation actions taken for those with | ||||||
6 | pass rates lower than 90% and submit to the Department of | ||||||
7 | Insurance or, in the case of Medicaid managed care | ||||||
8 | organizations, the Department of Healthcare and Family | ||||||
9 | Services the testing results and a summary of remedial | ||||||
10 | actions as part of parity compliance reporting set forth | ||||||
11 | in subsection (k) of Section 370c.1. | ||||||
12 | (r) This Section applies to all health care services and | ||||||
13 | benefits for the diagnosis, prevention, and treatment of | ||||||
14 | mental, emotional, nervous, or substance use disorders or | ||||||
15 | conditions covered by an insurance policy, including | ||||||
16 | prescription drugs. | ||||||
17 | (s) This Section applies to an insurer that amends, | ||||||
18 | delivers, issues, or renews a group or individual policy of | ||||||
19 | accident and health insurance or a qualified health plan | ||||||
20 | offered through the health insurance marketplace in this State | ||||||
21 | providing coverage for hospital or medical treatment and | ||||||
22 | conducts utilization review as defined in this Section, | ||||||
23 | including Medicaid managed care organizations, and any entity | ||||||
24 | or contracting provider that performs utilization review or | ||||||
25 | utilization management functions on an insurer's behalf. | ||||||
26 | (t) If the Director determines that an insurer has |
| |||||||
| |||||||
1 | violated this Section, the Director may, after appropriate | ||||||
2 | notice and opportunity for hearing, by order, assess a civil | ||||||
3 | penalty between $1,000 and $5,000 for each violation. Moneys | ||||||
4 | collected from penalties shall be deposited into the Parity | ||||||
5 | Advancement Fund established in subsection (i) of Section | ||||||
6 | 370c.1. | ||||||
7 | (u) An insurer shall not adopt, impose, or enforce terms | ||||||
8 | in its policies or provider agreements, in writing or in | ||||||
9 | operation, that undermine, alter, or conflict with the | ||||||
10 | requirements of this Section. | ||||||
11 | (v) The provisions of this Section are severable. If any | ||||||
12 | provision of this Section or its application is held invalid, | ||||||
13 | that invalidity shall not affect other provisions or | ||||||
14 | applications that can be given effect without the invalid | ||||||
15 | provision or application. | ||||||
16 | (Source: P.A. 101-81, eff. 7-12-19; 101-386, eff. 8-16-19; | ||||||
17 | 102-558, eff. 8-20-21; 102-579, eff. 1-1-22; revised | ||||||
18 | 10-15-21.) | ||||||
19 | (215 ILCS 5/370c.1) | ||||||
20 | Sec. 370c.1. Mental, emotional, nervous, or substance use | ||||||
21 | disorder or condition parity. | ||||||
22 | (a) On and after July 23, 2021 ( the effective date of | ||||||
23 | Public Act 102-135) this amendatory Act of the 102nd General | ||||||
24 | Assembly , every insurer that amends, delivers, issues, or | ||||||
25 | renews a group or individual policy of accident and health |
| |||||||
| |||||||
1 | insurance or a qualified health plan offered through the | ||||||
2 | Health Insurance Marketplace in this State providing coverage | ||||||
3 | for hospital or medical treatment and for the treatment of | ||||||
4 | mental, emotional, nervous, or substance use disorders or | ||||||
5 | conditions shall ensure prior to policy issuance that: | ||||||
6 | (1) the financial requirements applicable to such | ||||||
7 | mental, emotional, nervous, or substance use disorder or | ||||||
8 | condition benefits are no more restrictive than the | ||||||
9 | predominant financial requirements applied to | ||||||
10 | substantially all hospital and medical benefits covered by | ||||||
11 | the policy and that there are no separate cost-sharing | ||||||
12 | requirements that are applicable only with respect to | ||||||
13 | mental, emotional, nervous, or substance use disorder or | ||||||
14 | condition benefits; and | ||||||
15 | (2) the treatment limitations applicable to such | ||||||
16 | mental, emotional, nervous, or substance use disorder or | ||||||
17 | condition benefits are no more restrictive than the | ||||||
18 | predominant treatment limitations applied to substantially | ||||||
19 | all hospital and medical benefits covered by the policy | ||||||
20 | and that there are no separate treatment limitations that | ||||||
21 | are applicable only with respect to mental, emotional, | ||||||
22 | nervous, or substance use disorder or condition benefits. | ||||||
23 | (b) The following provisions shall apply concerning | ||||||
24 | aggregate lifetime limits: | ||||||
25 | (1) In the case of a group or individual policy of | ||||||
26 | accident and health insurance or a qualified health plan |
| |||||||
| |||||||
1 | offered through the Health Insurance Marketplace amended, | ||||||
2 | delivered, issued, or renewed in this State on or after | ||||||
3 | September 9, 2015 ( the effective date of Public Act | ||||||
4 | 99-480) this amendatory Act of the 99th General Assembly | ||||||
5 | that provides coverage for hospital or medical treatment | ||||||
6 | and for the treatment of mental, emotional, nervous, or | ||||||
7 | substance use disorders or conditions the following | ||||||
8 | provisions shall apply: | ||||||
9 | (A) if the policy does not include an aggregate | ||||||
10 | lifetime limit on substantially all hospital and | ||||||
11 | medical benefits, then the policy may not impose any | ||||||
12 | aggregate lifetime limit on mental, emotional, | ||||||
13 | nervous, or substance use disorder or condition | ||||||
14 | benefits; or | ||||||
15 | (B) if the policy includes an aggregate lifetime | ||||||
16 | limit on substantially all hospital and medical | ||||||
17 | benefits (in this subsection referred to as the | ||||||
18 | "applicable lifetime limit"), then the policy shall | ||||||
19 | either: | ||||||
20 | (i) apply the applicable lifetime limit both | ||||||
21 | to the hospital and medical benefits to which it | ||||||
22 | otherwise would apply and to mental, emotional, | ||||||
23 | nervous, or substance use disorder or condition | ||||||
24 | benefits and not distinguish in the application of | ||||||
25 | the limit between the hospital and medical | ||||||
26 | benefits and mental, emotional, nervous, or |
| |||||||
| |||||||
1 | substance use disorder or condition benefits; or | ||||||
2 | (ii) not include any aggregate lifetime limit | ||||||
3 | on mental, emotional, nervous, or substance use | ||||||
4 | disorder or condition benefits that is less than | ||||||
5 | the applicable lifetime limit. | ||||||
6 | (2) In the case of a policy that is not described in | ||||||
7 | paragraph (1) of subsection (b) of this Section and that | ||||||
8 | includes no or different aggregate lifetime limits on | ||||||
9 | different categories of hospital and medical benefits, the | ||||||
10 | Director shall establish rules under which subparagraph | ||||||
11 | (B) of paragraph (1) of subsection (b) of this Section is | ||||||
12 | applied to such policy with respect to mental, emotional, | ||||||
13 | nervous, or substance use disorder or condition benefits | ||||||
14 | by substituting for the applicable lifetime limit an | ||||||
15 | average aggregate lifetime limit that is computed taking | ||||||
16 | into account the weighted average of the aggregate | ||||||
17 | lifetime limits applicable to such categories. | ||||||
18 | (c) The following provisions shall apply concerning annual | ||||||
19 | limits: | ||||||
20 | (1) In the case of a group or individual policy of | ||||||
21 | accident and health insurance or a qualified health plan | ||||||
22 | offered through the Health Insurance Marketplace amended, | ||||||
23 | delivered, issued, or renewed in this State on or after | ||||||
24 | September 9, 2015 ( the effective date of Public Act | ||||||
25 | 99-480) this amendatory Act of the 99th General Assembly | ||||||
26 | that provides coverage for hospital or medical treatment |
| |||||||
| |||||||
1 | and for the treatment of mental, emotional, nervous, or | ||||||
2 | substance use disorders or conditions the following | ||||||
3 | provisions shall apply: | ||||||
4 | (A) if the policy does not include an annual limit | ||||||
5 | on substantially all hospital and medical benefits, | ||||||
6 | then the policy may not impose any annual limits on | ||||||
7 | mental, emotional, nervous, or substance use disorder | ||||||
8 | or condition benefits; or | ||||||
9 | (B) if the policy includes an annual limit on | ||||||
10 | substantially all hospital and medical benefits (in | ||||||
11 | this subsection referred to as the "applicable annual | ||||||
12 | limit"), then the policy shall either: | ||||||
13 | (i) apply the applicable annual limit both to | ||||||
14 | the hospital and medical benefits to which it | ||||||
15 | otherwise would apply and to mental, emotional, | ||||||
16 | nervous, or substance use disorder or condition | ||||||
17 | benefits and not distinguish in the application of | ||||||
18 | the limit between the hospital and medical | ||||||
19 | benefits and mental, emotional, nervous, or | ||||||
20 | substance use disorder or condition benefits; or | ||||||
21 | (ii) not include any annual limit on mental, | ||||||
22 | emotional, nervous, or substance use disorder or | ||||||
23 | condition benefits that is less than the | ||||||
24 | applicable annual limit. | ||||||
25 | (2) In the case of a policy that is not described in | ||||||
26 | paragraph (1) of subsection (c) of this Section and that |
| |||||||
| |||||||
1 | includes no or different annual limits on different | ||||||
2 | categories of hospital and medical benefits, the Director | ||||||
3 | shall establish rules under which subparagraph (B) of | ||||||
4 | paragraph (1) of subsection (c) of this Section is applied | ||||||
5 | to such policy with respect to mental, emotional, nervous, | ||||||
6 | or substance use disorder or condition benefits by | ||||||
7 | substituting for the applicable annual limit an average | ||||||
8 | annual limit that is computed taking into account the | ||||||
9 | weighted average of the annual limits applicable to such | ||||||
10 | categories. | ||||||
11 | (d) With respect to mental, emotional, nervous, or | ||||||
12 | substance use disorders or conditions, an insurer shall use | ||||||
13 | policies and procedures for the election and placement of | ||||||
14 | mental, emotional, nervous, or substance use disorder or | ||||||
15 | condition treatment drugs on their formulary that are no less | ||||||
16 | favorable to the insured as those policies and procedures the | ||||||
17 | insurer uses for the selection and placement of drugs for | ||||||
18 | medical or surgical conditions and shall follow the expedited | ||||||
19 | coverage determination requirements for substance abuse | ||||||
20 | treatment drugs set forth in Section 45.2 of the Managed Care | ||||||
21 | Reform and Patient Rights Act. | ||||||
22 | (e) This Section shall be interpreted in a manner | ||||||
23 | consistent with all applicable federal parity regulations | ||||||
24 | including, but not limited to, the Paul Wellstone and Pete | ||||||
25 | Domenici Mental Health Parity and Addiction Equity Act of | ||||||
26 | 2008, final regulations issued under the Paul Wellstone and |
| |||||||
| |||||||
1 | Pete Domenici Mental Health Parity and Addiction Equity Act of | ||||||
2 | 2008 and final regulations applying the Paul Wellstone and | ||||||
3 | Pete Domenici Mental Health Parity and Addiction Equity Act of | ||||||
4 | 2008 to Medicaid managed care organizations, the Children's | ||||||
5 | Health Insurance Program, and alternative benefit plans. | ||||||
6 | (f) The provisions of subsections (b) and (c) of this | ||||||
7 | Section shall not be interpreted to allow the use of lifetime | ||||||
8 | or annual limits otherwise prohibited by State or federal law. | ||||||
9 | (g) As used in this Section: | ||||||
10 | "Financial requirement" includes deductibles, copayments, | ||||||
11 | coinsurance, and out-of-pocket maximums, but does not include | ||||||
12 | an aggregate lifetime limit or an annual limit subject to | ||||||
13 | subsections (b) and (c). | ||||||
14 | "Mental, emotional, nervous, or substance use disorder or | ||||||
15 | condition" means a condition or disorder that involves a | ||||||
16 | mental health condition or substance use disorder that falls | ||||||
17 | under any of the diagnostic categories listed in the mental | ||||||
18 | and behavioral disorders chapter of the current edition of the | ||||||
19 | International Classification of Disease or that is listed in | ||||||
20 | the most recent version of the Diagnostic and Statistical | ||||||
21 | Manual of Mental Disorders. | ||||||
22 | "Treatment limitation" includes limits on benefits based | ||||||
23 | on the frequency of treatment, number of visits, days of | ||||||
24 | coverage, days in a waiting period, or other similar limits on | ||||||
25 | the scope or duration of treatment. "Treatment limitation" | ||||||
26 | includes both quantitative treatment limitations, which are |
| |||||||
| |||||||
1 | expressed numerically (such as 50 outpatient visits per year), | ||||||
2 | and nonquantitative treatment limitations, which otherwise | ||||||
3 | limit the scope or duration of treatment. A permanent | ||||||
4 | exclusion of all benefits for a particular condition or | ||||||
5 | disorder shall not be considered a treatment limitation. | ||||||
6 | "Nonquantitative treatment" means those limitations as | ||||||
7 | described under federal regulations (26 CFR 54.9812-1). | ||||||
8 | "Nonquantitative treatment limitations" include, but are not | ||||||
9 | limited to, those limitations described under federal | ||||||
10 | regulations 26 CFR 54.9812-1, 29 CFR 2590.712, and 45 CFR | ||||||
11 | 146.136.
| ||||||
12 | (h) The Department of Insurance shall implement the | ||||||
13 | following education initiatives: | ||||||
14 | (1) By January 1, 2016, the Department shall develop a | ||||||
15 | plan for a Consumer Education Campaign on parity. The | ||||||
16 | Consumer Education Campaign shall focus its efforts | ||||||
17 | throughout the State and include trainings in the | ||||||
18 | northern, southern, and central regions of the State, as | ||||||
19 | defined by the Department, as well as each of the 5 managed | ||||||
20 | care regions of the State as identified by the Department | ||||||
21 | of Healthcare and Family Services. Under this Consumer | ||||||
22 | Education Campaign, the Department shall: (1) by January | ||||||
23 | 1, 2017, provide at least one live training in each region | ||||||
24 | on parity for consumers and providers and one webinar | ||||||
25 | training to be posted on the Department website and (2) | ||||||
26 | establish a consumer hotline to assist consumers in |
| |||||||
| |||||||
1 | navigating the parity process by March 1, 2017. By January | ||||||
2 | 1, 2018 the Department shall issue a report to the General | ||||||
3 | Assembly on the success of the Consumer Education | ||||||
4 | Campaign, which shall indicate whether additional training | ||||||
5 | is necessary or would be recommended. | ||||||
6 | (2) The Department, in coordination with the | ||||||
7 | Department of Human Services and the Department of | ||||||
8 | Healthcare and Family Services, shall convene a working | ||||||
9 | group of health care insurance carriers, mental health | ||||||
10 | advocacy groups, substance abuse patient advocacy groups, | ||||||
11 | and mental health physician groups for the purpose of | ||||||
12 | discussing issues related to the treatment and coverage of | ||||||
13 | mental, emotional, nervous, or substance use disorders or | ||||||
14 | conditions and compliance with parity obligations under | ||||||
15 | State and federal law. Compliance shall be measured, | ||||||
16 | tracked, and shared during the meetings of the working | ||||||
17 | group. The working group shall meet once before January 1, | ||||||
18 | 2016 and shall meet semiannually thereafter. The | ||||||
19 | Department shall issue an annual report to the General | ||||||
20 | Assembly that includes a list of the health care insurance | ||||||
21 | carriers, mental health advocacy groups, substance abuse | ||||||
22 | patient advocacy groups, and mental health physician | ||||||
23 | groups that participated in the working group meetings, | ||||||
24 | details on the issues and topics covered, and any | ||||||
25 | legislative recommendations developed by the working | ||||||
26 | group. |
| |||||||
| |||||||
1 | (3) Not later than January 1 of each year, the | ||||||
2 | Department, in conjunction with the Department of | ||||||
3 | Healthcare and Family Services, shall issue a joint report | ||||||
4 | to the General Assembly and provide an educational | ||||||
5 | presentation to the General Assembly. The report and | ||||||
6 | presentation shall: | ||||||
7 | (A) Cover the methodology the Departments use to | ||||||
8 | check for compliance with the federal Paul Wellstone | ||||||
9 | and Pete Domenici Mental Health Parity and Addiction | ||||||
10 | Equity Act of 2008, 42 U.S.C. 18031(j), and any | ||||||
11 | federal regulations or guidance relating to the | ||||||
12 | compliance and oversight of the federal Paul Wellstone | ||||||
13 | and Pete Domenici Mental Health Parity and Addiction | ||||||
14 | Equity Act of 2008 and 42 U.S.C. 18031(j). | ||||||
15 | (B) Cover the methodology the Departments use to | ||||||
16 | check for compliance with this Section and Sections | ||||||
17 | 356z.23 and 370c of this Code. | ||||||
18 | (C) Identify market conduct examinations or, in | ||||||
19 | the case of the Department of Healthcare and Family | ||||||
20 | Services, audits conducted or completed during the | ||||||
21 | preceding 12-month period regarding compliance with | ||||||
22 | parity in mental, emotional, nervous, and substance | ||||||
23 | use disorder or condition benefits under State and | ||||||
24 | federal laws and summarize the results of such market | ||||||
25 | conduct examinations and audits. This shall include: | ||||||
26 | (i) the number of market conduct examinations |
| |||||||
| |||||||
1 | and audits initiated and completed; | ||||||
2 | (ii) the benefit classifications examined by | ||||||
3 | each market conduct examination and audit; | ||||||
4 | (iii) the subject matter of each market | ||||||
5 | conduct examination and audit, including | ||||||
6 | quantitative and nonquantitative treatment | ||||||
7 | limitations; and | ||||||
8 | (iv) a summary of the basis for the final | ||||||
9 | decision rendered in each market conduct | ||||||
10 | examination and audit. | ||||||
11 | Individually identifiable information shall be | ||||||
12 | excluded from the reports consistent with federal | ||||||
13 | privacy protections. | ||||||
14 | (D) Detail any educational or corrective actions | ||||||
15 | the Departments have taken to ensure compliance with | ||||||
16 | the federal Paul Wellstone and Pete Domenici Mental | ||||||
17 | Health Parity and Addiction Equity Act of 2008, 42 | ||||||
18 | U.S.C. 18031(j), this Section, and Sections 356z.23 | ||||||
19 | and 370c of this Code. | ||||||
20 | (E) The report must be written in non-technical, | ||||||
21 | readily understandable language and shall be made | ||||||
22 | available to the public by, among such other means as | ||||||
23 | the Departments find appropriate, posting the report | ||||||
24 | on the Departments' websites. | ||||||
25 | (i) The Parity Advancement Fund is created as a special | ||||||
26 | fund in the State treasury. Moneys from fines and penalties |
| |||||||
| |||||||
1 | collected from insurers for violations of this Section shall | ||||||
2 | be deposited into the Fund. Moneys deposited into the Fund for | ||||||
3 | appropriation by the General Assembly to the Department shall | ||||||
4 | be used for the purpose of providing financial support of the | ||||||
5 | Consumer Education Campaign, parity compliance advocacy, and | ||||||
6 | other initiatives that support parity implementation and | ||||||
7 | enforcement on behalf of consumers. | ||||||
8 | (j) The Department of Insurance and the Department of | ||||||
9 | Healthcare and Family Services shall convene and provide | ||||||
10 | technical support to a workgroup of 11 members that shall be | ||||||
11 | comprised of 3 mental health parity experts recommended by an | ||||||
12 | organization advocating on behalf of mental health parity | ||||||
13 | appointed by the President of the Senate; 3 behavioral health | ||||||
14 | providers recommended by an organization that represents | ||||||
15 | behavioral health providers appointed by the Speaker of the | ||||||
16 | House of Representatives; 2 representing Medicaid managed care | ||||||
17 | organizations recommended by an organization that represents | ||||||
18 | Medicaid managed care plans appointed by the Minority Leader | ||||||
19 | of the House of Representatives; 2 representing commercial | ||||||
20 | insurers recommended by an organization that represents | ||||||
21 | insurers appointed by the Minority Leader of the Senate; and a | ||||||
22 | representative of an organization that represents Medicaid | ||||||
23 | managed care plans appointed by the Governor. | ||||||
24 | The workgroup shall provide recommendations to the General | ||||||
25 | Assembly on health plan data reporting requirements that | ||||||
26 | separately break out data on mental, emotional, nervous, or |
| |||||||
| |||||||
1 | substance use disorder or condition benefits and data on other | ||||||
2 | medical benefits, including physical health and related health | ||||||
3 | services no later than December 31, 2019. The recommendations | ||||||
4 | to the General Assembly shall be filed with the Clerk of the | ||||||
5 | House of Representatives and the Secretary of the Senate in | ||||||
6 | electronic form only, in the manner that the Clerk and the | ||||||
7 | Secretary shall direct. This workgroup shall take into account | ||||||
8 | federal requirements and recommendations on mental health | ||||||
9 | parity reporting for the Medicaid program. This workgroup | ||||||
10 | shall also develop the format and provide any needed | ||||||
11 | definitions for reporting requirements in subsection (k). The | ||||||
12 | research and evaluation of the working group shall include, | ||||||
13 | but not be limited to: | ||||||
14 | (1) claims denials due to benefit limits, if | ||||||
15 | applicable; | ||||||
16 | (2) administrative denials for no prior authorization; | ||||||
17 | (3) denials due to not meeting medical necessity; | ||||||
18 | (4) denials that went to external review and whether | ||||||
19 | they were upheld or overturned for medical necessity; | ||||||
20 | (5) out-of-network claims; | ||||||
21 | (6) emergency care claims; | ||||||
22 | (7) network directory providers in the outpatient | ||||||
23 | benefits classification who filed no claims in the last 6 | ||||||
24 | months, if applicable; | ||||||
25 | (8) the impact of existing and pertinent limitations | ||||||
26 | and restrictions related to approved services, licensed |
| |||||||
| |||||||
1 | providers, reimbursement levels, and reimbursement | ||||||
2 | methodologies within the Division of Mental Health, the | ||||||
3 | Division of Substance Use Prevention and Recovery | ||||||
4 | programs, the Department of Healthcare and Family | ||||||
5 | Services, and, to the extent possible, federal regulations | ||||||
6 | and law; and | ||||||
7 | (9) when reporting and publishing should begin. | ||||||
8 | Representatives from the Department of Healthcare and | ||||||
9 | Family Services, representatives from the Division of Mental | ||||||
10 | Health, and representatives from the Division of Substance Use | ||||||
11 | Prevention and Recovery shall provide technical advice to the | ||||||
12 | workgroup. | ||||||
13 | (k) An insurer that amends, delivers, issues, or renews a | ||||||
14 | group or individual policy of accident and health insurance or | ||||||
15 | a qualified health plan offered through the health insurance | ||||||
16 | marketplace in this State providing coverage for hospital or | ||||||
17 | medical treatment and for the treatment of mental, emotional, | ||||||
18 | nervous, or substance use disorders or conditions shall submit | ||||||
19 | an annual report, the format and definitions for which will be | ||||||
20 | developed by the workgroup in subsection (j), to the | ||||||
21 | Department, or, with respect to medical assistance, the | ||||||
22 | Department of Healthcare and Family Services starting on or | ||||||
23 | before July 1, 2020 that contains the following information | ||||||
24 | separately for inpatient in-network benefits, inpatient | ||||||
25 | out-of-network benefits, outpatient in-network benefits, | ||||||
26 | outpatient out-of-network benefits, emergency care benefits, |
| |||||||
| |||||||
1 | and prescription drug benefits in the case of accident and | ||||||
2 | health insurance or qualified health plans, or inpatient, | ||||||
3 | outpatient, emergency care, and prescription drug benefits in | ||||||
4 | the case of medical assistance: | ||||||
5 | (1) A summary of the plan's pharmacy management | ||||||
6 | processes for mental, emotional, nervous, or substance use | ||||||
7 | disorder or condition benefits compared to those for other | ||||||
8 | medical benefits. | ||||||
9 | (2) A summary of the internal processes of review for | ||||||
10 | experimental benefits and unproven technology for mental, | ||||||
11 | emotional, nervous, or substance use disorder or condition | ||||||
12 | benefits and those for
other medical benefits. | ||||||
13 | (3) A summary of how the plan's policies and | ||||||
14 | procedures for utilization management for mental, | ||||||
15 | emotional, nervous, or substance use disorder or condition | ||||||
16 | benefits compare to those for other medical benefits. | ||||||
17 | (4) A description of the process used to develop or | ||||||
18 | select the medical necessity criteria for mental, | ||||||
19 | emotional, nervous, or substance use disorder or condition | ||||||
20 | benefits and the process used to develop or select the | ||||||
21 | medical necessity criteria for medical and surgical | ||||||
22 | benefits. | ||||||
23 | (5) Identification of all nonquantitative treatment | ||||||
24 | limitations that are applied to both mental, emotional, | ||||||
25 | nervous, or substance use disorder or condition benefits | ||||||
26 | and medical and surgical benefits within each |
| |||||||
| |||||||
1 | classification of benefits. | ||||||
2 | (6) The results of an analysis that demonstrates that | ||||||
3 | for the medical necessity criteria described in | ||||||
4 | subparagraph (A) and for each nonquantitative treatment | ||||||
5 | limitation identified in subparagraph (B), as written and | ||||||
6 | in operation, the processes, strategies, evidentiary | ||||||
7 | standards, or other factors used in applying the medical | ||||||
8 | necessity criteria and each nonquantitative treatment | ||||||
9 | limitation to mental, emotional, nervous, or substance use | ||||||
10 | disorder or condition benefits within each classification | ||||||
11 | of benefits are comparable to, and are applied no more | ||||||
12 | stringently than, the processes, strategies, evidentiary | ||||||
13 | standards, or other factors used in applying the medical | ||||||
14 | necessity criteria and each nonquantitative treatment | ||||||
15 | limitation to medical and surgical benefits within the | ||||||
16 | corresponding classification of benefits; at a minimum, | ||||||
17 | the results of the analysis shall: | ||||||
18 | (A) identify the factors used to determine that a | ||||||
19 | nonquantitative treatment limitation applies to a | ||||||
20 | benefit, including factors that were considered but | ||||||
21 | rejected; | ||||||
22 | (B) identify and define the specific evidentiary | ||||||
23 | standards used to define the factors and any other | ||||||
24 | evidence relied upon in designing each nonquantitative | ||||||
25 | treatment limitation; | ||||||
26 | (C) provide the comparative analyses, including |
| |||||||
| |||||||
1 | the results of the analyses, performed to determine | ||||||
2 | that the processes and strategies used to design each | ||||||
3 | nonquantitative treatment limitation, as written, for | ||||||
4 | mental, emotional, nervous, or substance use disorder | ||||||
5 | or condition benefits are comparable to, and are | ||||||
6 | applied no more stringently than, the processes and | ||||||
7 | strategies used to design each nonquantitative | ||||||
8 | treatment limitation, as written, for medical and | ||||||
9 | surgical benefits; | ||||||
10 | (D) provide the comparative analyses, including | ||||||
11 | the results of the analyses, performed to determine | ||||||
12 | that the processes and strategies used to apply each | ||||||
13 | nonquantitative treatment limitation, in operation, | ||||||
14 | for mental, emotional, nervous, or substance use | ||||||
15 | disorder or condition benefits are comparable to, and | ||||||
16 | applied no more stringently than, the processes or | ||||||
17 | strategies used to apply each nonquantitative | ||||||
18 | treatment limitation, in operation, for medical and | ||||||
19 | surgical benefits; and | ||||||
20 | (E) disclose the specific findings and conclusions | ||||||
21 | reached by the insurer that the results of the | ||||||
22 | analyses described in subparagraphs (C) and (D) | ||||||
23 | indicate that the insurer is in compliance with this | ||||||
24 | Section and the Mental Health Parity and Addiction | ||||||
25 | Equity Act of 2008 and its implementing regulations, | ||||||
26 | which includes 42 CFR Parts 438, 440, and 457 and 45 |
| |||||||
| |||||||
1 | CFR 146.136 and any other related federal regulations | ||||||
2 | found in the Code of Federal Regulations. | ||||||
3 | (7) Any other information necessary to clarify data | ||||||
4 | provided in accordance with this Section requested by the | ||||||
5 | Director, including information that may be proprietary or | ||||||
6 | have commercial value, under the requirements of Section | ||||||
7 | 30 of the Viatical Settlements Act of 2009. | ||||||
8 | (l) An insurer that amends, delivers, issues, or renews a | ||||||
9 | group or individual policy of accident and health insurance or | ||||||
10 | a qualified health plan offered through the health insurance | ||||||
11 | marketplace in this State providing coverage for hospital or | ||||||
12 | medical treatment and for the treatment of mental, emotional, | ||||||
13 | nervous, or substance use disorders or conditions on or after | ||||||
14 | January 1, 2019 ( the effective date of Public Act 100-1024) | ||||||
15 | this amendatory Act of the 100th General Assembly shall, in | ||||||
16 | advance of the plan year, make available to the Department or, | ||||||
17 | with respect to medical assistance, the Department of | ||||||
18 | Healthcare and Family Services and to all plan participants | ||||||
19 | and beneficiaries the information required in subparagraphs | ||||||
20 | (C) through (E) of paragraph (6) of subsection (k). For plan | ||||||
21 | participants and medical assistance beneficiaries, the | ||||||
22 | information required in subparagraphs (C) through (E) of | ||||||
23 | paragraph (6) of subsection (k) shall be made available on a | ||||||
24 | publicly-available website whose web address is prominently | ||||||
25 | displayed in plan and managed care organization informational | ||||||
26 | and marketing materials. |
| |||||||
| |||||||
1 | (m) In conjunction with its compliance examination program | ||||||
2 | conducted in accordance with the Illinois State Auditing Act, | ||||||
3 | the Auditor General shall undertake a review of
compliance by | ||||||
4 | the Department and the Department of Healthcare and Family | ||||||
5 | Services with Section 370c and this Section. Any
findings | ||||||
6 | resulting from the review conducted under this Section shall | ||||||
7 | be included in the applicable State agency's compliance | ||||||
8 | examination report. Each compliance examination report shall | ||||||
9 | be issued in accordance with Section 3-14 of the Illinois | ||||||
10 | State
Auditing Act. A copy of each report shall also be | ||||||
11 | delivered to
the head of the applicable State agency and | ||||||
12 | posted on the Auditor General's website. | ||||||
13 | (Source: P.A. 102-135, eff. 7-23-21; 102-579, eff. 8-25-21; | ||||||
14 | revised 10-15-21.) | ||||||
15 | Section 430. The Network Adequacy and Transparency Act is | ||||||
16 | amended by changing Section 5 as follows: | ||||||
17 | (215 ILCS 124/5)
| ||||||
18 | Sec. 5. Definitions. In this Act: | ||||||
19 | "Authorized representative" means a person to whom a | ||||||
20 | beneficiary has given express written consent to represent the | ||||||
21 | beneficiary; a person authorized by law to provide substituted | ||||||
22 | consent for a beneficiary; or the beneficiary's treating | ||||||
23 | provider only when the beneficiary or his or her family member | ||||||
24 | is unable to provide consent. |
| |||||||
| |||||||
1 | "Beneficiary" means an individual, an enrollee, an | ||||||
2 | insured, a participant, or any other person entitled to | ||||||
3 | reimbursement for covered expenses of or the discounting of | ||||||
4 | provider fees for health care services under a program in | ||||||
5 | which the beneficiary has an incentive to utilize the services | ||||||
6 | of a provider that has entered into an agreement or | ||||||
7 | arrangement with an insurer. | ||||||
8 | "Department" means the Department of Insurance. | ||||||
9 | "Director" means the Director of Insurance. | ||||||
10 | "Family caregiver" means a relative, partner, friend, or | ||||||
11 | neighbor who has a significant relationship with the patient | ||||||
12 | and administers or assists the patient them with activities of | ||||||
13 | daily living, instrumental activities of daily living, or | ||||||
14 | other medical or nursing tasks for the quality and welfare of | ||||||
15 | that patient. | ||||||
16 | "Insurer" means any entity that offers individual or group | ||||||
17 | accident and health insurance, including, but not limited to, | ||||||
18 | health maintenance organizations, preferred provider | ||||||
19 | organizations, exclusive provider organizations, and other | ||||||
20 | plan structures requiring network participation, excluding the | ||||||
21 | medical assistance program under the Illinois Public Aid Code, | ||||||
22 | the State employees group health insurance program, workers | ||||||
23 | compensation insurance, and pharmacy benefit managers. | ||||||
24 | "Material change" means a significant reduction in the | ||||||
25 | number of providers available in a network plan, including, | ||||||
26 | but not limited to, a reduction of 10% or more in a specific |
| |||||||
| |||||||
1 | type of providers, the removal of a major health system that | ||||||
2 | causes a network to be significantly different from the | ||||||
3 | network when the beneficiary purchased the network plan, or | ||||||
4 | any change that would cause the network to no longer satisfy | ||||||
5 | the requirements of this Act or the Department's rules for | ||||||
6 | network adequacy and transparency. | ||||||
7 | "Network" means the group or groups of preferred providers | ||||||
8 | providing services to a network plan. | ||||||
9 | "Network plan" means an individual or group policy of | ||||||
10 | accident and health insurance that either requires a covered | ||||||
11 | person to use or creates incentives, including financial | ||||||
12 | incentives, for a covered person to use providers managed, | ||||||
13 | owned, under contract with, or employed by the insurer. | ||||||
14 | "Ongoing course of treatment" means (1) treatment for a | ||||||
15 | life-threatening condition, which is a disease or condition | ||||||
16 | for which likelihood of death is probable unless the course of | ||||||
17 | the disease or condition is interrupted; (2) treatment for a | ||||||
18 | serious acute condition, defined as a disease or condition | ||||||
19 | requiring complex ongoing care that the covered person is | ||||||
20 | currently receiving, such as chemotherapy, radiation therapy, | ||||||
21 | or post-operative visits; (3) a course of treatment for a | ||||||
22 | health condition that a treating provider attests that | ||||||
23 | discontinuing care by that provider would worsen the condition | ||||||
24 | or interfere with anticipated outcomes; or (4) the third | ||||||
25 | trimester of pregnancy through the post-partum period. | ||||||
26 | "Preferred provider" means any provider who has entered, |
| |||||||
| |||||||
1 | either directly or indirectly, into an agreement with an | ||||||
2 | employer or risk-bearing entity relating to health care | ||||||
3 | services that may be rendered to beneficiaries under a network | ||||||
4 | plan. | ||||||
5 | "Providers" means physicians licensed to practice medicine | ||||||
6 | in all its branches, other health care professionals, | ||||||
7 | hospitals, or other health care institutions that provide | ||||||
8 | health care services. | ||||||
9 | "Telehealth" has the meaning given to that term in Section | ||||||
10 | 356z.22 of the Illinois Insurance Code. | ||||||
11 | "Telemedicine" has the meaning given to that term in | ||||||
12 | Section 49.5 of the Medical Practice Act of 1987. | ||||||
13 | "Tiered network" means a network that identifies and | ||||||
14 | groups some or all types of provider and facilities into | ||||||
15 | specific groups to which different provider reimbursement, | ||||||
16 | covered person cost-sharing or provider access requirements, | ||||||
17 | or any combination thereof, apply for the same services. | ||||||
18 | "Woman's principal health care provider" means a physician | ||||||
19 | licensed to practice medicine in all of its branches | ||||||
20 | specializing in obstetrics, gynecology, or family practice.
| ||||||
21 | (Source: P.A. 102-92, eff. 7-9-21; revised 10-5-21.) | ||||||
22 | Section 435. The Health Maintenance Organization Act is | ||||||
23 | amended by changing Section 5-3 as follows:
| ||||||
24 | (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
|
| |||||||
| |||||||
1 | Sec. 5-3. Insurance Code provisions.
| ||||||
2 | (a) Health Maintenance Organizations
shall be subject to | ||||||
3 | the provisions of Sections 133, 134, 136, 137, 139, 140, | ||||||
4 | 141.1,
141.2, 141.3, 143, 143c, 147, 148, 149, 151,
152, 153, | ||||||
5 | 154, 154.5, 154.6,
154.7, 154.8, 155.04, 155.22a, 355.2, | ||||||
6 | 355.3, 355b, 356g.5-1, 356m, 356q, 356v, 356w, 356x, 356y,
| ||||||
7 | 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, | ||||||
8 | 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, | ||||||
9 | 356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, | ||||||
10 | 356z.30, 356z.30a, 356z.32, 356z.33, 356z.35, 356z.36, | ||||||
11 | 356z.40, 356z.41, 356z.43, 356z.46, 356z.47, 356z.48, 356z.50, | ||||||
12 | 356z.51, 364, 364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, | ||||||
13 | 368d, 368e, 370c,
370c.1, 401, 401.1, 402, 403, 403A,
408, | ||||||
14 | 408.2, 409, 412, 444,
and
444.1,
paragraph (c) of subsection | ||||||
15 | (2) of Section 367, and Articles IIA, VIII 1/2,
XII,
XII 1/2, | ||||||
16 | XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the Illinois | ||||||
17 | Insurance Code.
| ||||||
18 | (b) For purposes of the Illinois Insurance Code, except | ||||||
19 | for Sections 444
and 444.1 and Articles XIII and XIII 1/2, | ||||||
20 | Health Maintenance Organizations in
the following categories | ||||||
21 | are deemed to be "domestic companies":
| ||||||
22 | (1) a corporation authorized under the
Dental Service | ||||||
23 | Plan Act or the Voluntary Health Services Plans Act;
| ||||||
24 | (2) a corporation organized under the laws of this | ||||||
25 | State; or
| ||||||
26 | (3) a corporation organized under the laws of another |
| |||||||
| |||||||
1 | state, 30% or more
of the enrollees of which are residents | ||||||
2 | of this State, except a
corporation subject to | ||||||
3 | substantially the same requirements in its state of
| ||||||
4 | organization as is a "domestic company" under Article VIII | ||||||
5 | 1/2 of the
Illinois Insurance Code.
| ||||||
6 | (c) In considering the merger, consolidation, or other | ||||||
7 | acquisition of
control of a Health Maintenance Organization | ||||||
8 | pursuant to Article VIII 1/2
of the Illinois Insurance Code,
| ||||||
9 | (1) the Director shall give primary consideration to | ||||||
10 | the continuation of
benefits to enrollees and the | ||||||
11 | financial conditions of the acquired Health
Maintenance | ||||||
12 | Organization after the merger, consolidation, or other
| ||||||
13 | acquisition of control takes effect;
| ||||||
14 | (2)(i) the criteria specified in subsection (1)(b) of | ||||||
15 | Section 131.8 of
the Illinois Insurance Code shall not | ||||||
16 | apply and (ii) the Director, in making
his determination | ||||||
17 | with respect to the merger, consolidation, or other
| ||||||
18 | acquisition of control, need not take into account the | ||||||
19 | effect on
competition of the merger, consolidation, or | ||||||
20 | other acquisition of control;
| ||||||
21 | (3) the Director shall have the power to require the | ||||||
22 | following
information:
| ||||||
23 | (A) certification by an independent actuary of the | ||||||
24 | adequacy
of the reserves of the Health Maintenance | ||||||
25 | Organization sought to be acquired;
| ||||||
26 | (B) pro forma financial statements reflecting the |
| |||||||
| |||||||
1 | combined balance
sheets of the acquiring company and | ||||||
2 | the Health Maintenance Organization sought
to be | ||||||
3 | acquired as of the end of the preceding year and as of | ||||||
4 | a date 90 days
prior to the acquisition, as well as pro | ||||||
5 | forma financial statements
reflecting projected | ||||||
6 | combined operation for a period of 2 years;
| ||||||
7 | (C) a pro forma business plan detailing an | ||||||
8 | acquiring party's plans with
respect to the operation | ||||||
9 | of the Health Maintenance Organization sought to
be | ||||||
10 | acquired for a period of not less than 3 years; and
| ||||||
11 | (D) such other information as the Director shall | ||||||
12 | require.
| ||||||
13 | (d) The provisions of Article VIII 1/2 of the Illinois | ||||||
14 | Insurance Code
and this Section 5-3 shall apply to the sale by | ||||||
15 | any health maintenance
organization of greater than 10% of its
| ||||||
16 | enrollee population (including without limitation the health | ||||||
17 | maintenance
organization's right, title, and interest in and | ||||||
18 | to its health care
certificates).
| ||||||
19 | (e) In considering any management contract or service | ||||||
20 | agreement subject
to Section 141.1 of the Illinois Insurance | ||||||
21 | Code, the Director (i) shall, in
addition to the criteria | ||||||
22 | specified in Section 141.2 of the Illinois
Insurance Code, | ||||||
23 | take into account the effect of the management contract or
| ||||||
24 | service agreement on the continuation of benefits to enrollees | ||||||
25 | and the
financial condition of the health maintenance | ||||||
26 | organization to be managed or
serviced, and (ii) need not take |
| |||||||
| |||||||
1 | into account the effect of the management
contract or service | ||||||
2 | agreement on competition.
| ||||||
3 | (f) Except for small employer groups as defined in the | ||||||
4 | Small Employer
Rating, Renewability and Portability Health | ||||||
5 | Insurance Act and except for
medicare supplement policies as | ||||||
6 | defined in Section 363 of the Illinois
Insurance Code, a | ||||||
7 | Health Maintenance Organization may by contract agree with a
| ||||||
8 | group or other enrollment unit to effect refunds or charge | ||||||
9 | additional premiums
under the following terms and conditions:
| ||||||
10 | (i) the amount of, and other terms and conditions with | ||||||
11 | respect to, the
refund or additional premium are set forth | ||||||
12 | in the group or enrollment unit
contract agreed in advance | ||||||
13 | of the period for which a refund is to be paid or
| ||||||
14 | additional premium is to be charged (which period shall | ||||||
15 | not be less than one
year); and
| ||||||
16 | (ii) the amount of the refund or additional premium | ||||||
17 | shall not exceed 20%
of the Health Maintenance | ||||||
18 | Organization's profitable or unprofitable experience
with | ||||||
19 | respect to the group or other enrollment unit for the | ||||||
20 | period (and, for
purposes of a refund or additional | ||||||
21 | premium, the profitable or unprofitable
experience shall | ||||||
22 | be calculated taking into account a pro rata share of the
| ||||||
23 | Health Maintenance Organization's administrative and | ||||||
24 | marketing expenses, but
shall not include any refund to be | ||||||
25 | made or additional premium to be paid
pursuant to this | ||||||
26 | subsection (f)). The Health Maintenance Organization and |
| |||||||
| |||||||
1 | the
group or enrollment unit may agree that the profitable | ||||||
2 | or unprofitable
experience may be calculated taking into | ||||||
3 | account the refund period and the
immediately preceding 2 | ||||||
4 | plan years.
| ||||||
5 | The Health Maintenance Organization shall include a | ||||||
6 | statement in the
evidence of coverage issued to each enrollee | ||||||
7 | describing the possibility of a
refund or additional premium, | ||||||
8 | and upon request of any group or enrollment unit,
provide to | ||||||
9 | the group or enrollment unit a description of the method used | ||||||
10 | to
calculate (1) the Health Maintenance Organization's | ||||||
11 | profitable experience with
respect to the group or enrollment | ||||||
12 | unit and the resulting refund to the group
or enrollment unit | ||||||
13 | or (2) the Health Maintenance Organization's unprofitable
| ||||||
14 | experience with respect to the group or enrollment unit and | ||||||
15 | the resulting
additional premium to be paid by the group or | ||||||
16 | enrollment unit.
| ||||||
17 | In no event shall the Illinois Health Maintenance | ||||||
18 | Organization
Guaranty Association be liable to pay any | ||||||
19 | contractual obligation of an
insolvent organization to pay any | ||||||
20 | refund authorized under this Section.
| ||||||
21 | (g) Rulemaking authority to implement Public Act 95-1045, | ||||||
22 | if any, is conditioned on the rules being adopted in | ||||||
23 | accordance with all provisions of the Illinois Administrative | ||||||
24 | Procedure Act and all rules and procedures of the Joint | ||||||
25 | Committee on Administrative Rules; any purported rule not so | ||||||
26 | adopted, for whatever reason, is unauthorized. |
| |||||||
| |||||||
1 | (Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; | ||||||
2 | 101-281, eff. 1-1-20; 101-371, eff. 1-1-20; 101-393, eff. | ||||||
3 | 1-1-20; 101-452, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, | ||||||
4 | eff. 1-1-21; 102-30, eff. 1-1-22; 102-34, eff. 6-25-21; | ||||||
5 | 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. | ||||||
6 | 1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, | ||||||
7 | eff. 10-8-21; revised 10-27-21.) | ||||||
8 | Section 440. The Limited Health Service Organization Act | ||||||
9 | is amended by changing Section 4003 as follows:
| ||||||
10 | (215 ILCS 130/4003) (from Ch. 73, par. 1504-3)
| ||||||
11 | Sec. 4003. Illinois Insurance Code provisions. Limited | ||||||
12 | health service
organizations shall be subject to the | ||||||
13 | provisions of Sections 133, 134, 136, 137, 139,
140, 141.1, | ||||||
14 | 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, | ||||||
15 | 154.5,
154.6, 154.7, 154.8, 155.04, 155.37, 355.2, 355.3, | ||||||
16 | 355b, 356q, 356v, 356z.10, 356z.21, 356z.22, 356z.25, 356z.26, | ||||||
17 | 356z.29, 356z.30a, 356z.32, 356z.33, 356z.41, 356z.46, | ||||||
18 | 356z.47, 356z.51, 356z.43, 368a, 401, 401.1,
402,
403, 403A, | ||||||
19 | 408,
408.2, 409, 412, 444, and 444.1 and Articles IIA, VIII | ||||||
20 | 1/2, XII, XII 1/2,
XIII,
XIII 1/2, XXV, and XXVI of the | ||||||
21 | Illinois Insurance Code. For purposes of the
Illinois | ||||||
22 | Insurance Code, except for Sections 444 and 444.1 and Articles | ||||||
23 | XIII
and XIII 1/2, limited health service organizations in the | ||||||
24 | following categories
are deemed to be domestic companies:
|
| |||||||
| |||||||
1 | (1) a corporation under the laws of this State; or
| ||||||
2 | (2) a corporation organized under the laws of another | ||||||
3 | state, 30% or more
of the enrollees of which are residents | ||||||
4 | of this State, except a corporation
subject to | ||||||
5 | substantially the same requirements in its state of | ||||||
6 | organization as
is a domestic company under Article VIII | ||||||
7 | 1/2 of the Illinois Insurance Code.
| ||||||
8 | (Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20; | ||||||
9 | 101-393, eff. 1-1-20; 101-625, eff. 1-1-21; 102-30, eff. | ||||||
10 | 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, | ||||||
11 | eff. 1-1-22; revised 10-27-21.)
| ||||||
12 | Section 445. The Voluntary Health Services Plans Act is | ||||||
13 | amended by changing Section 10 as follows:
| ||||||
14 | (215 ILCS 165/10) (from Ch. 32, par. 604)
| ||||||
15 | Sec. 10. Application of Insurance Code provisions. Health | ||||||
16 | services
plan corporations and all persons interested therein | ||||||
17 | or dealing therewith
shall be subject to the provisions of | ||||||
18 | Articles IIA and XII 1/2 and Sections
3.1, 133, 136, 139, 140, | ||||||
19 | 143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, | ||||||
20 | 356g, 356g.5, 356g.5-1, 356q, 356r, 356t, 356u, 356v,
356w, | ||||||
21 | 356x, 356y, 356z.1, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, | ||||||
22 | 356z.8, 356z.9,
356z.10, 356z.11, 356z.12, 356z.13, 356z.14, | ||||||
23 | 356z.15, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, | ||||||
24 | 356z.29, 356z.30, 356z.30a, 356z.32, 356z.33, 356z.40, |
| |||||||
| |||||||
1 | 356z.41, 356z.46, 356z.47, 356z.51, 356z.43, 364.01, 367.2, | ||||||
2 | 368a, 401, 401.1,
402,
403, 403A, 408,
408.2, and 412, and | ||||||
3 | paragraphs (7) and (15) of Section 367 of the Illinois
| ||||||
4 | Insurance Code.
| ||||||
5 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
6 | any, is conditioned on the rules being adopted in accordance | ||||||
7 | with all provisions of the Illinois Administrative Procedure | ||||||
8 | Act and all rules and procedures of the Joint Committee on | ||||||
9 | Administrative Rules; any purported rule not so adopted, for | ||||||
10 | whatever reason, is unauthorized. | ||||||
11 | (Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; | ||||||
12 | 101-281, eff. 1-1-20; 101-393, eff. 1-1-20; 101-625, eff. | ||||||
13 | 1-1-21; 102-30, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, | ||||||
14 | eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; | ||||||
15 | revised 10-27-21.) | ||||||
16 | Section 450. The Public Utilities Act is amended by | ||||||
17 | changing Section 8-406 as follows: | ||||||
18 | (220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406) | ||||||
19 | Sec. 8-406. Certificate of public convenience and | ||||||
20 | necessity. | ||||||
21 | (a) No public utility not owning any city or village
| ||||||
22 | franchise nor engaged in performing any public service or in | ||||||
23 | furnishing any
product or commodity within this State as of | ||||||
24 | July 1, 1921 and not
possessing a certificate of
public |
| |||||||
| |||||||
1 | convenience and necessity from the Illinois Commerce | ||||||
2 | Commission,
the State Public Utilities Commission , or
the | ||||||
3 | Public Utilities Commission, at the time Public Act 84-617 | ||||||
4 | this amendatory Act of 1985 goes
into effect (January 1, | ||||||
5 | 1986) , shall transact any business in this State until it | ||||||
6 | shall have
obtained a certificate from the Commission that | ||||||
7 | public convenience and
necessity require the transaction of | ||||||
8 | such business. A certificate of public convenience and | ||||||
9 | necessity requiring the transaction of public utility business | ||||||
10 | in any area of this State shall include authorization to the | ||||||
11 | public utility receiving the certificate of public convenience | ||||||
12 | and necessity to construct such plant, equipment, property, or | ||||||
13 | facility as is provided for under the terms and conditions of | ||||||
14 | its tariff and as is necessary to provide utility service and | ||||||
15 | carry out the transaction of public utility business by the | ||||||
16 | public utility in the designated area. | ||||||
17 | (b) No public utility shall begin the construction of any | ||||||
18 | new plant,
equipment, property , or facility which is not in | ||||||
19 | substitution of any
existing plant, equipment, property , or | ||||||
20 | facility , or any extension or
alteration thereof or in | ||||||
21 | addition thereto,
unless and until it shall have obtained from | ||||||
22 | the
Commission a certificate that public convenience and | ||||||
23 | necessity require such
construction. Whenever after a hearing | ||||||
24 | the Commission determines that any
new construction or the | ||||||
25 | transaction of any business by a public utility will
promote | ||||||
26 | the public convenience and is necessary thereto, it shall have |
| |||||||
| |||||||
1 | the
power to issue certificates of public convenience and | ||||||
2 | necessity. The
Commission shall determine that proposed | ||||||
3 | construction will promote the
public convenience and necessity | ||||||
4 | only if the utility demonstrates: (1) that the
proposed | ||||||
5 | construction is necessary to provide adequate, reliable, and
| ||||||
6 | efficient service to its customers and is the
least-cost means | ||||||
7 | of
satisfying the service needs of its customers or that the | ||||||
8 | proposed construction will promote the development of an | ||||||
9 | effectively competitive electricity market that operates | ||||||
10 | efficiently, is equitable to all customers, and is the least | ||||||
11 | cost means of satisfying those objectives;
(2) that the | ||||||
12 | utility is capable of efficiently managing and
supervising the | ||||||
13 | construction process and has taken sufficient action to
ensure | ||||||
14 | adequate and efficient construction and supervision thereof; | ||||||
15 | and (3)
that the utility is capable of financing the proposed | ||||||
16 | construction without
significant adverse financial | ||||||
17 | consequences for the utility or its
customers. | ||||||
18 | (b-5) As used in this subsection (b-5): | ||||||
19 | "Qualifying direct current applicant" means an entity that | ||||||
20 | seeks to provide direct current bulk transmission service for | ||||||
21 | the purpose of transporting electric energy in interstate | ||||||
22 | commerce. | ||||||
23 | "Qualifying direct current project" means a high voltage | ||||||
24 | direct current electric service line that crosses at least one | ||||||
25 | Illinois border, the Illinois portion of which is physically | ||||||
26 | located within the region of the Midcontinent Independent |
| |||||||
| |||||||
1 | System Operator, Inc., or its successor organization, and runs | ||||||
2 | through the counties of Pike, Scott, Greene, Macoupin, | ||||||
3 | Montgomery, Christian, Shelby, Cumberland, and Clark, is | ||||||
4 | capable of transmitting electricity at voltages of 345 | ||||||
5 | kilovolts 345kv or above, and may also include associated | ||||||
6 | interconnected alternating current interconnection facilities | ||||||
7 | in this State that are part of the proposed project and | ||||||
8 | reasonably necessary to connect the project with other | ||||||
9 | portions of the grid. | ||||||
10 | Notwithstanding any other provision of this Act, a | ||||||
11 | qualifying direct current applicant that does not own, | ||||||
12 | control, operate, or manage, within this State, any plant, | ||||||
13 | equipment, or property used or to be used for the transmission | ||||||
14 | of electricity at the time of its application or of the | ||||||
15 | Commission's order may file an application on or before | ||||||
16 | December 31, 2023 with the Commission pursuant to this Section | ||||||
17 | or Section 8-406.1 for, and the Commission may grant, a | ||||||
18 | certificate of public convenience and necessity to construct, | ||||||
19 | operate, and maintain a qualifying direct current project. The | ||||||
20 | qualifying direct current applicant may also include in the | ||||||
21 | application requests for authority under Section 8-503. The | ||||||
22 | Commission shall grant the application for a certificate of | ||||||
23 | public convenience and necessity and requests for authority | ||||||
24 | under Section 8-503 if it finds that the qualifying direct | ||||||
25 | current applicant and the proposed qualifying direct current | ||||||
26 | project satisfy the requirements of this subsection and |
| |||||||
| |||||||
1 | otherwise satisfy the criteria of this Section or Section | ||||||
2 | 8-406.1 and the criteria of Section 8-503, as applicable to | ||||||
3 | the application and to the extent such criteria are not | ||||||
4 | superseded by the provisions of this subsection. The | ||||||
5 | Commission's order on the application for the certificate of | ||||||
6 | public convenience and necessity shall also include the | ||||||
7 | Commission's findings and determinations on the request or | ||||||
8 | requests for authority pursuant to Section 8-503. Prior to | ||||||
9 | filing its application under either this Section or Section | ||||||
10 | 8-406.1, the qualifying direct current applicant shall conduct | ||||||
11 | 3 public meetings in accordance with subsection (h) of this | ||||||
12 | Section. If the qualifying direct current applicant | ||||||
13 | demonstrates in its application that the proposed qualifying | ||||||
14 | direct current project is designed to deliver electricity to a | ||||||
15 | point or points on the electric transmission grid in either or | ||||||
16 | both the PJM Interconnection, LLC or the Midcontinent | ||||||
17 | Independent System Operator, Inc., or their respective | ||||||
18 | successor organizations, the proposed qualifying direct | ||||||
19 | current project shall be deemed to be, and the Commission | ||||||
20 | shall find it to be, for public use. If the qualifying direct | ||||||
21 | current applicant further demonstrates in its application that | ||||||
22 | the proposed transmission project has a capacity of 1,000 | ||||||
23 | megawatts or larger and a voltage level of 345 kilovolts or | ||||||
24 | greater, the proposed transmission project shall be deemed to | ||||||
25 | satisfy, and the Commission shall find that it satisfies, the | ||||||
26 | criteria stated in item (1) of subsection (b) of this Section |
| |||||||
| |||||||
1 | or in paragraph (1) of subsection (f) of Section 8-406.1, as | ||||||
2 | applicable to the application, without the taking of | ||||||
3 | additional evidence on these criteria. Prior to the transfer | ||||||
4 | of functional control of any transmission assets to a regional | ||||||
5 | transmission organization, a qualifying direct current | ||||||
6 | applicant shall request Commission approval to join a regional | ||||||
7 | transmission organization in an application filed pursuant to | ||||||
8 | this subsection (b-5) or separately pursuant to Section 7-102 | ||||||
9 | of this Act. The Commission may grant permission to a | ||||||
10 | qualifying direct current applicant to join a regional | ||||||
11 | transmission organization if it finds that the membership, and | ||||||
12 | associated transfer of functional control of transmission | ||||||
13 | assets, benefits Illinois customers in light of the attendant | ||||||
14 | costs and is otherwise in the public interest. Nothing in this | ||||||
15 | subsection (b-5) requires a qualifying direct current | ||||||
16 | applicant to join a regional transmission organization. | ||||||
17 | Nothing in this subsection (b-5) requires the owner or | ||||||
18 | operator of a high voltage direct current transmission line | ||||||
19 | that is not a qualifying direct current project to obtain a | ||||||
20 | certificate of public convenience and necessity to the extent | ||||||
21 | it is not otherwise required by this Section 8-406 or any other | ||||||
22 | provision of this Act. | ||||||
23 | (c) After September 11, 1987 ( the effective date of Public | ||||||
24 | Act 85-377) this amendatory Act of 1987 , no
construction shall | ||||||
25 | commence on any new nuclear
power plant to be located within | ||||||
26 | this State, and no certificate of public
convenience and |
| |||||||
| |||||||
1 | necessity or other authorization shall be issued therefor
by | ||||||
2 | the Commission, until the Director of the Illinois | ||||||
3 | Environmental
Protection Agency finds that the United States | ||||||
4 | Government, through its
authorized agency, has identified and | ||||||
5 | approved a demonstrable technology or
means for the disposal | ||||||
6 | of high level nuclear waste, or until such
construction has | ||||||
7 | been specifically approved by a statute enacted by the General
| ||||||
8 | Assembly. | ||||||
9 | As used in this Section, "high level nuclear waste" means | ||||||
10 | those aqueous
wastes resulting from the operation of the first | ||||||
11 | cycle of the solvent
extraction system or equivalent and the | ||||||
12 | concentrated wastes of the
subsequent extraction cycles or | ||||||
13 | equivalent in a facility for reprocessing
irradiated reactor | ||||||
14 | fuel and shall include spent fuel assemblies prior to
fuel | ||||||
15 | reprocessing. | ||||||
16 | (d) In making its determination under subsection (b) of | ||||||
17 | this Section, the Commission shall attach primary
weight to | ||||||
18 | the cost or cost savings to the customers of the utility. The
| ||||||
19 | Commission may consider any or all factors which will or may | ||||||
20 | affect such
cost or cost savings, including the public | ||||||
21 | utility's engineering judgment regarding the materials used | ||||||
22 | for construction. | ||||||
23 | (e) The Commission may issue a temporary certificate which | ||||||
24 | shall remain
in force not to exceed one year in cases of | ||||||
25 | emergency, to assure maintenance
of adequate service or to | ||||||
26 | serve particular customers, without notice or
hearing, pending |
| |||||||
| |||||||
1 | the determination of an application for a certificate, and
may | ||||||
2 | by regulation exempt from the requirements of this Section | ||||||
3 | temporary
acts or operations for which the issuance of a | ||||||
4 | certificate will not be
required in the public interest. | ||||||
5 | A public utility shall not be required to obtain but may | ||||||
6 | apply for and
obtain a certificate of public convenience and | ||||||
7 | necessity pursuant to this
Section with respect to any matter | ||||||
8 | as to which it has received the
authorization or order of the | ||||||
9 | Commission under the Electric Supplier Act,
and any such | ||||||
10 | authorization or order granted a public utility by the
| ||||||
11 | Commission under that Act shall as between public utilities be | ||||||
12 | deemed to
be, and shall have except as provided in that Act the | ||||||
13 | same force and effect
as, a certificate of public convenience | ||||||
14 | and necessity issued pursuant to this
Section. | ||||||
15 | No electric cooperative shall be made or shall become a | ||||||
16 | party to or shall
be entitled to be heard or to otherwise | ||||||
17 | appear or participate in any
proceeding initiated under this | ||||||
18 | Section for authorization of power plant
construction and as | ||||||
19 | to matters as to which a remedy is available under the
Electric | ||||||
20 | Supplier Act. | ||||||
21 | (f) Such certificates may be altered or modified by the | ||||||
22 | Commission, upon
its own motion or upon application by the | ||||||
23 | person or corporation affected.
Unless exercised within a | ||||||
24 | period of 2 years from the grant thereof ,
authority conferred | ||||||
25 | by a certificate of convenience and necessity issued by
the | ||||||
26 | Commission shall be null and void. |
| |||||||
| |||||||
1 | No certificate of public convenience and necessity shall | ||||||
2 | be construed as
granting a monopoly or an exclusive privilege, | ||||||
3 | immunity or franchise. | ||||||
4 | (g) A public utility that undertakes any of the actions | ||||||
5 | described in items (1) through (3) of this subsection (g) or | ||||||
6 | that has obtained approval pursuant to Section 8-406.1 of this | ||||||
7 | Act shall not be required to comply with the requirements of | ||||||
8 | this Section to the extent such requirements otherwise would | ||||||
9 | apply. For purposes of this Section and Section 8-406.1 of | ||||||
10 | this Act, "high voltage electric service line" means an | ||||||
11 | electric line having a design voltage of 100,000 or more. For | ||||||
12 | purposes of this subsection (g), a public utility may do any of | ||||||
13 | the following: | ||||||
14 | (1) replace or upgrade any existing high voltage | ||||||
15 | electric service line and related facilities, | ||||||
16 | notwithstanding its length; | ||||||
17 | (2) relocate any existing high voltage electric | ||||||
18 | service line and related facilities, notwithstanding its | ||||||
19 | length, to accommodate construction or expansion of a | ||||||
20 | roadway or other transportation infrastructure; or | ||||||
21 | (3) construct a high voltage electric service line and | ||||||
22 | related facilities that is constructed solely to serve a | ||||||
23 | single customer's premises or to provide a generator | ||||||
24 | interconnection to the public utility's transmission | ||||||
25 | system and that will pass under or over the premises owned | ||||||
26 | by the customer or generator to be served or under or over |
| |||||||
| |||||||
1 | premises for which the customer or generator has secured | ||||||
2 | the necessary right of way. | ||||||
3 | (h) A public utility seeking to construct a high-voltage | ||||||
4 | electric service line and related facilities (Project) must | ||||||
5 | show that the utility has held a minimum of 2 pre-filing public | ||||||
6 | meetings to receive public comment concerning the Project in | ||||||
7 | each county where the Project is to be located, no earlier than | ||||||
8 | 6 months prior to filing an application for a certificate of | ||||||
9 | public convenience and necessity from the Commission. Notice | ||||||
10 | of the public meeting shall be published in a newspaper of | ||||||
11 | general circulation within the affected county once a week for | ||||||
12 | 3 consecutive weeks, beginning no earlier than one month prior | ||||||
13 | to the first public meeting. If the Project traverses 2 | ||||||
14 | contiguous counties and where in one county the transmission | ||||||
15 | line mileage and number of landowners over whose property the | ||||||
16 | proposed route traverses is one-fifth or less of the | ||||||
17 | transmission line mileage and number of such landowners of the | ||||||
18 | other county, then the utility may combine the 2 pre-filing | ||||||
19 | meetings in the county with the greater transmission line | ||||||
20 | mileage and affected landowners. All other requirements | ||||||
21 | regarding pre-filing meetings shall apply in both counties. | ||||||
22 | Notice of the public meeting, including a description of the | ||||||
23 | Project, must be provided in writing to the clerk of each | ||||||
24 | county where the Project is to be located. A representative of | ||||||
25 | the Commission shall be invited to each pre-filing public | ||||||
26 | meeting. |
| |||||||
| |||||||
1 | (i) For applications filed after August 18, 2015 ( the | ||||||
2 | effective date of Public Act 99-399) this amendatory Act of | ||||||
3 | the 99th General Assembly , the Commission shall by registered | ||||||
4 | mail notify each owner of record of land, as identified in the | ||||||
5 | records of the relevant county tax assessor, included in the | ||||||
6 | right-of-way over which the utility seeks in its application | ||||||
7 | to construct a high-voltage electric line of the time and | ||||||
8 | place scheduled for the initial hearing on the public | ||||||
9 | utility's application. The utility shall reimburse the | ||||||
10 | Commission for the cost of the postage and supplies incurred | ||||||
11 | for mailing the notice. | ||||||
12 | (Source: P.A. 102-609, eff. 8-27-21; 102-662, eff. 9-15-21; | ||||||
13 | revised 10-21-21.) | ||||||
14 | Section 455. The Health Care Worker Background Check Act | ||||||
15 | is amended by changing Section 15 as follows:
| ||||||
16 | (225 ILCS 46/15)
| ||||||
17 | Sec. 15. Definitions. In this Act:
| ||||||
18 | "Applicant" means an individual enrolling in a training | ||||||
19 | program, seeking employment, whether paid or on a volunteer | ||||||
20 | basis, with a health care
employer who has received a bona fide | ||||||
21 | conditional offer of employment.
| ||||||
22 | "Conditional offer of employment" means a bona fide offer | ||||||
23 | of employment by a
health care employer to an applicant, which | ||||||
24 | is contingent upon the receipt of a
report from the Department |
| |||||||
| |||||||
1 | of Public Health indicating that the applicant does
not have a | ||||||
2 | record of conviction of any of the criminal offenses | ||||||
3 | enumerated in
Section 25.
| ||||||
4 | "Department" means the Department of Public Health. | ||||||
5 | "Direct care" means the provision of nursing care or | ||||||
6 | assistance with feeding,
dressing, movement, bathing, | ||||||
7 | toileting, or other personal needs, including home services as | ||||||
8 | defined in the Home Health, Home Services, and Home Nursing | ||||||
9 | Agency Licensing Act. The entity
responsible for inspecting | ||||||
10 | and licensing, certifying, or registering the
health care | ||||||
11 | employer may, by administrative rule, prescribe guidelines for
| ||||||
12 | interpreting this definition with regard to the health care | ||||||
13 | employers that it
licenses.
| ||||||
14 | "Director" means the Director of Public Health. | ||||||
15 | "Disqualifying offenses" means those offenses set forth in | ||||||
16 | Section 25 of this Act. | ||||||
17 | "Employee" means any individual hired, employed, or | ||||||
18 | retained, whether paid or on a volunteer basis, to which this | ||||||
19 | Act applies. | ||||||
20 | "Finding" means the Department's determination of whether | ||||||
21 | an allegation is verified and substantiated. | ||||||
22 | "Fingerprint-based criminal history records check" means a | ||||||
23 | livescan fingerprint-based criminal history records check | ||||||
24 | submitted as a fee applicant inquiry in the form and manner | ||||||
25 | prescribed by the Illinois State Police.
| ||||||
26 | "Health care employer" means:
|
| |||||||
| |||||||
1 | (1) the owner or licensee of any of the
following:
| ||||||
2 | (i) a community living facility, as defined in the | ||||||
3 | Community Living
Facilities Licensing Act;
| ||||||
4 | (ii) a life care facility, as defined in the Life | ||||||
5 | Care Facilities Act;
| ||||||
6 | (iii) a long-term care facility;
| ||||||
7 | (iv) a home health agency, home services agency, | ||||||
8 | or home nursing agency as defined in the Home Health, | ||||||
9 | Home Services, and Home Nursing Agency Licensing
Act;
| ||||||
10 | (v) a hospice care program or volunteer hospice | ||||||
11 | program, as defined in the Hospice Program Licensing | ||||||
12 | Act;
| ||||||
13 | (vi) a hospital, as defined in the Hospital | ||||||
14 | Licensing Act;
| ||||||
15 | (vii) (blank);
| ||||||
16 | (viii) a nurse agency, as defined in the Nurse | ||||||
17 | Agency Licensing Act;
| ||||||
18 | (ix) a respite care provider, as defined in the | ||||||
19 | Respite Program Act;
| ||||||
20 | (ix-a) an establishment licensed under the | ||||||
21 | Assisted Living and Shared
Housing Act;
| ||||||
22 | (x) a supportive living program, as defined in the | ||||||
23 | Illinois Public Aid
Code;
| ||||||
24 | (xi) early childhood intervention programs as | ||||||
25 | described in 59 Ill. Adm.
Code 121;
| ||||||
26 | (xii) the University of Illinois Hospital, |
| |||||||
| |||||||
1 | Chicago;
| ||||||
2 | (xiii) programs funded by the Department on Aging | ||||||
3 | through the Community
Care Program;
| ||||||
4 | (xiv) programs certified to participate in the | ||||||
5 | Supportive Living Program
authorized pursuant to | ||||||
6 | Section 5-5.01a of the Illinois Public Aid Code;
| ||||||
7 | (xv) programs listed by the Emergency Medical | ||||||
8 | Services (EMS) Systems Act
as
Freestanding Emergency | ||||||
9 | Centers;
| ||||||
10 | (xvi) locations licensed under the Alternative | ||||||
11 | Health Care Delivery
Act;
| ||||||
12 | (2) a day training program certified by the Department | ||||||
13 | of Human Services;
| ||||||
14 | (3) a community integrated living arrangement operated | ||||||
15 | by a community
mental health and developmental service | ||||||
16 | agency, as defined in the
Community-Integrated Living | ||||||
17 | Arrangements Licensure Licensing and Certification Act;
| ||||||
18 | (4) the State Long Term Care Ombudsman Program, | ||||||
19 | including any regional long term care ombudsman programs | ||||||
20 | under Section 4.04 of the Illinois Act on the Aging, only | ||||||
21 | for the purpose of securing background checks; or
| ||||||
22 | (5) the Department of Corrections or a third-party | ||||||
23 | vendor employing certified nursing assistants working with | ||||||
24 | the Department of Corrections. | ||||||
25 | "Initiate" means obtaining from
a student, applicant, or | ||||||
26 | employee his or her social security number, demographics, a |
| |||||||
| |||||||
1 | disclosure statement, and an authorization for the Department | ||||||
2 | of Public Health or its designee to request a | ||||||
3 | fingerprint-based criminal history records check; transmitting | ||||||
4 | this information electronically to the Department of Public | ||||||
5 | Health; conducting Internet searches on certain web sites, | ||||||
6 | including without limitation the Illinois Sex Offender | ||||||
7 | Registry, the Department of Corrections' Sex Offender Search | ||||||
8 | Engine, the Department of Corrections' Inmate Search Engine, | ||||||
9 | the Department of Corrections Wanted Fugitives Search Engine, | ||||||
10 | the National Sex Offender Public Registry, and the List of | ||||||
11 | Excluded Individuals and Entities database on the website of | ||||||
12 | the Health and Human Services Office of Inspector General to | ||||||
13 | determine if the applicant has been adjudicated a sex | ||||||
14 | offender, has been a prison inmate, or has committed Medicare | ||||||
15 | or Medicaid fraud, or conducting similar searches as defined | ||||||
16 | by rule; and having the student, applicant, or employee's | ||||||
17 | fingerprints collected and transmitted electronically to the | ||||||
18 | Illinois State Police.
| ||||||
19 | "Livescan vendor" means an entity whose equipment has been | ||||||
20 | certified by the Illinois State Police to collect an | ||||||
21 | individual's demographics and inkless fingerprints and, in a | ||||||
22 | manner prescribed by the Illinois State Police and the | ||||||
23 | Department of Public Health, electronically transmit the | ||||||
24 | fingerprints and required data to the Illinois State Police | ||||||
25 | and a daily file of required data to the Department of Public | ||||||
26 | Health. The Department of Public Health shall negotiate a |
| |||||||
| |||||||
1 | contract with one or more vendors that effectively demonstrate | ||||||
2 | that the vendor has 2 or more years of experience transmitting | ||||||
3 | fingerprints electronically to the Illinois State Police and | ||||||
4 | that the vendor can successfully transmit the required data in | ||||||
5 | a manner prescribed by the Department of Public Health. Vendor | ||||||
6 | authorization may be further defined by administrative rule.
| ||||||
7 | "Long-term care facility" means a facility licensed by the | ||||||
8 | State or certified under federal law as a long-term care | ||||||
9 | facility, including without limitation facilities licensed | ||||||
10 | under the Nursing Home Care Act, the Specialized Mental Health | ||||||
11 | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||||||
12 | the MC/DD Act, a supportive living facility, an assisted | ||||||
13 | living establishment, or a shared housing establishment or | ||||||
14 | registered as a board and care home.
| ||||||
15 | "Resident" means a person, individual, or patient under | ||||||
16 | the direct care of a health care employer or who has been | ||||||
17 | provided goods or services by a health care employer. | ||||||
18 | (Source: P.A. 101-176, eff. 7-31-19; 102-226, eff. 7-30-21; | ||||||
19 | 102-503, eff. 8-20-21; 102-538, eff. 8-20-21; revised | ||||||
20 | 10-5-21.)
| ||||||
21 | Section 460. The Massage Licensing Act is amended by | ||||||
22 | changing Section 15 as follows:
| ||||||
23 | (225 ILCS 57/15)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2027)
|
| |||||||
| |||||||
1 | Sec. 15. Licensure requirements.
| ||||||
2 | (a) Persons
engaged in massage for
compensation
must be | ||||||
3 | licensed by the Department. The Department shall issue a | ||||||
4 | license to
an individual who meets all of the following | ||||||
5 | requirements:
| ||||||
6 | (1) The applicant has applied in writing on the | ||||||
7 | prescribed forms and has
paid the
required fees.
| ||||||
8 | (2) The applicant is at least 18 years of age and of | ||||||
9 | good moral character.
In
determining good
moral character, | ||||||
10 | the Department may take into consideration
conviction of | ||||||
11 | any crime under the laws of the United States or any state | ||||||
12 | or
territory
thereof that is a felony or a misdemeanor or | ||||||
13 | any crime that is directly related
to the practice of the | ||||||
14 | profession.
Such a conviction shall not operate | ||||||
15 | automatically as a complete
bar to a license,
except in | ||||||
16 | the case of any conviction for prostitution, rape, or | ||||||
17 | sexual
misconduct,
or where the applicant is a registered | ||||||
18 | sex offender.
| ||||||
19 | (3) The applicant has successfully completed a massage | ||||||
20 | therapy program approved by the Department that requires
a | ||||||
21 | minimum
of 500 hours, except applicants applying on or | ||||||
22 | after January 1, 2014 shall meet a minimum requirement of | ||||||
23 | 600 hours,
and has
passed a
competency examination
| ||||||
24 | approved by the Department.
| ||||||
25 | (b) Each applicant for licensure as a massage therapist | ||||||
26 | shall have his or her fingerprints submitted to the Illinois |
| |||||||
| |||||||
1 | State Police in an electronic format that complies with the | ||||||
2 | form and manner for requesting and furnishing criminal history | ||||||
3 | record information as prescribed by the Illinois State Police. | ||||||
4 | These fingerprints shall be checked against the Illinois State | ||||||
5 | Police and Federal Bureau of Investigation criminal history | ||||||
6 | record databases now and hereafter filed. The Illinois State | ||||||
7 | Police shall charge applicants a fee for conducting the | ||||||
8 | criminal history records check, which shall be deposited into | ||||||
9 | the State Police Services Fund and shall not exceed the actual | ||||||
10 | cost of the records check. The Illinois State Police shall | ||||||
11 | furnish, pursuant to positive identification, records of | ||||||
12 | Illinois convictions to the Department. The Department may | ||||||
13 | require applicants to pay a separate fingerprinting fee, | ||||||
14 | either to the Department or to a vendor. The Department, in its | ||||||
15 | discretion, may allow an applicant who does not have | ||||||
16 | reasonable access to a designated vendor to provide his or her | ||||||
17 | fingerprints in an alternative manner. The Department may | ||||||
18 | adopt any rules necessary to implement this Section.
| ||||||
19 | (Source: P.A. 102-20, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
20 | revised 10-5-21.)
| ||||||
21 | Section 465. The Medical Practice Act of 1987 is amended | ||||||
22 | by changing Sections 7 and 22 as follows:
| ||||||
23 | (225 ILCS 60/7) (from Ch. 111, par. 4400-7)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2023)
|
| |||||||
| |||||||
1 | Sec. 7. Medical Disciplinary Board.
| ||||||
2 | (A) There is hereby created the Illinois
State Medical | ||||||
3 | Disciplinary Board. The Disciplinary Board shall
consist of 11 | ||||||
4 | members, to be appointed by the Governor by and
with the advice | ||||||
5 | and consent of the Senate. All members shall be
residents of | ||||||
6 | the State, not more than 6 of whom shall be
members of the same | ||||||
7 | political party. All members shall be voting members. Five | ||||||
8 | members shall be
physicians licensed to practice medicine in | ||||||
9 | all of its
branches in Illinois possessing the degree of | ||||||
10 | doctor of
medicine. One member shall be a physician licensed | ||||||
11 | to practice medicine in all its branches in Illinois | ||||||
12 | possessing the degree of doctor of osteopathy or osteopathic | ||||||
13 | medicine. One member shall be a chiropractic physician | ||||||
14 | licensed to practice in Illinois and possessing the degree of | ||||||
15 | doctor of chiropractic. Four members shall be members of the | ||||||
16 | public, who shall not
be engaged in any way, directly or | ||||||
17 | indirectly, as providers
of health care.
| ||||||
18 | (B) Members of the Disciplinary Board shall be appointed
| ||||||
19 | for terms of 4 years. Upon the expiration of the term of
any | ||||||
20 | member, his or her successor shall be appointed for a term of
4 | ||||||
21 | years by the Governor by and with the advice and
consent of the | ||||||
22 | Senate. The Governor shall fill any vacancy
for the remainder | ||||||
23 | of the unexpired term with the
advice and consent of the | ||||||
24 | Senate. Upon recommendation of
the Board, any member of the | ||||||
25 | Disciplinary Board may be
removed by the Governor for | ||||||
26 | misfeasance, malfeasance, or willful
neglect of duty, after |
| |||||||
| |||||||
1 | notice, and a public hearing,
unless such notice and hearing | ||||||
2 | shall be expressly waived in
writing. Each member shall serve | ||||||
3 | on the Disciplinary Board
until their successor is appointed | ||||||
4 | and qualified. No member
of the Disciplinary Board shall serve | ||||||
5 | more than 2
consecutive 4 year terms.
| ||||||
6 | In making appointments the Governor shall attempt to
| ||||||
7 | insure that the various social and geographic regions of the
| ||||||
8 | State of Illinois are properly represented.
| ||||||
9 | In making the designation of persons to act for the
| ||||||
10 | several professions represented on the Disciplinary Board,
the | ||||||
11 | Governor shall give due consideration to recommendations
by | ||||||
12 | members of the respective professions and by
organizations | ||||||
13 | therein.
| ||||||
14 | (C) The Disciplinary Board shall annually elect one of
its | ||||||
15 | voting members as chairperson and one as vice
chairperson. No | ||||||
16 | officer shall be elected more than twice
in succession to the | ||||||
17 | same office. Each officer shall serve
until their successor | ||||||
18 | has been elected and qualified.
| ||||||
19 | (D) (Blank).
| ||||||
20 | (E) Six voting members of the Disciplinary Board, at least | ||||||
21 | 4 of whom are physicians,
shall constitute a quorum. A vacancy | ||||||
22 | in the membership of
the Disciplinary Board shall not impair | ||||||
23 | the right of a
quorum to exercise all the rights and perform | ||||||
24 | all the duties
of the Disciplinary Board. Any action taken by | ||||||
25 | the
Disciplinary Board under this Act may be authorized by
| ||||||
26 | resolution at any regular or special meeting and each such
|
| |||||||
| |||||||
1 | resolution shall take effect immediately. The Disciplinary
| ||||||
2 | Board shall meet at least quarterly.
| ||||||
3 | (F) Each member, and member-officer, of the
Disciplinary | ||||||
4 | Board shall receive a per diem stipend
as the
Secretary shall | ||||||
5 | determine. Each member shall be paid their necessary
expenses | ||||||
6 | while engaged in the performance of their duties.
| ||||||
7 | (G) The Secretary shall select a Chief Medical
Coordinator | ||||||
8 | and not less than 2 Deputy Medical Coordinators
who shall not
| ||||||
9 | be members of the Disciplinary Board. Each medical
coordinator | ||||||
10 | shall be a physician licensed to practice
medicine in all of | ||||||
11 | its branches, and the Secretary shall set
their rates of | ||||||
12 | compensation. The Secretary shall assign at least
one
medical
| ||||||
13 | coordinator to
a region composed of Cook County and
such other | ||||||
14 | counties as the Secretary may deem appropriate,
and such | ||||||
15 | medical coordinator or coordinators shall locate their office | ||||||
16 | in
Chicago. The Secretary shall assign at least one medical
| ||||||
17 | coordinator to a region composed of the balance of counties
in | ||||||
18 | the State, and such medical coordinator or coordinators shall | ||||||
19 | locate
their office in Springfield. The Chief Medical | ||||||
20 | Coordinator shall be the chief enforcement officer of this | ||||||
21 | Act. None of the functions, powers, or duties of the | ||||||
22 | Department with respect to policies regarding enforcement or | ||||||
23 | discipline under this Act, including the adoption of such | ||||||
24 | rules as may be necessary for the administration of this Act, | ||||||
25 | shall be exercised by the Department except upon review of the | ||||||
26 | Disciplinary Board.
|
| |||||||
| |||||||
1 | The Secretary shall employ, in conformity with the
| ||||||
2 | Personnel Code, investigators who are college graduates with | ||||||
3 | at least 2
years of investigative experience or one year of | ||||||
4 | advanced medical
education. Upon the written request of the | ||||||
5 | Disciplinary
Board, the Secretary shall employ, in conformity | ||||||
6 | with the
Personnel Code, such other professional, technical,
| ||||||
7 | investigative, and clerical help, either on a full or
| ||||||
8 | part-time basis as the Disciplinary Board deems necessary
for | ||||||
9 | the proper performance of its duties.
| ||||||
10 | (H) Upon the specific request of the Disciplinary
Board, | ||||||
11 | signed by either the chairperson, vice chairperson, or a
| ||||||
12 | medical coordinator of the Disciplinary Board, the
Department | ||||||
13 | of Human Services, the Department of Healthcare and Family | ||||||
14 | Services, the
Illinois State Police, or any other law | ||||||
15 | enforcement agency located in this State shall make available | ||||||
16 | any and all
information that they have in their possession | ||||||
17 | regarding a
particular case then under investigation by the | ||||||
18 | Disciplinary
Board.
| ||||||
19 | (I) Members of the Disciplinary Board shall be immune
from | ||||||
20 | suit in any action based upon any disciplinary
proceedings or | ||||||
21 | other acts performed in good faith as members
of the | ||||||
22 | Disciplinary Board.
| ||||||
23 | (J) The Disciplinary Board may compile and establish a
| ||||||
24 | statewide roster of physicians and other medical
| ||||||
25 | professionals, including the several medical specialties, of
| ||||||
26 | such physicians and medical professionals, who have agreed
to |
| |||||||
| |||||||
1 | serve from time to time as advisors to the medical
| ||||||
2 | coordinators. Such advisors shall assist the medical
| ||||||
3 | coordinators or the Disciplinary Board in their investigations | ||||||
4 | and participation in
complaints against physicians. Such | ||||||
5 | advisors shall serve
under contract and shall be reimbursed at | ||||||
6 | a reasonable rate for the services
provided, plus reasonable | ||||||
7 | expenses incurred.
While serving in this capacity, the | ||||||
8 | advisor, for any act
undertaken in good faith and in the | ||||||
9 | conduct of his or her duties
under this Section, shall be | ||||||
10 | immune from civil suit.
| ||||||
11 | (K) This Section is inoperative when a majority of the | ||||||
12 | Medical Board is appointed. This Section is repealed January | ||||||
13 | 1, 2023 ( one year after the effective date of Public Act | ||||||
14 | 102-20) this amendatory Act of the 102nd General Assembly . | ||||||
15 | (Source: P.A. 102-20, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
16 | revised 10-20-21.)
| ||||||
17 | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
19 | Sec. 22. Disciplinary action.
| ||||||
20 | (A) The Department may revoke, suspend, place on | ||||||
21 | probation, reprimand, refuse to issue or renew, or take any | ||||||
22 | other disciplinary or non-disciplinary action as the | ||||||
23 | Department may deem proper
with regard to the license or | ||||||
24 | permit of any person issued
under this Act, including imposing | ||||||
25 | fines not to exceed $10,000 for each violation, upon any of the |
| |||||||
| |||||||
1 | following grounds:
| ||||||
2 | (1) (Blank).
| ||||||
3 | (2) (Blank).
| ||||||
4 | (3) A plea of guilty or nolo contendere, finding of | ||||||
5 | guilt, jury verdict, or entry of judgment or sentencing, | ||||||
6 | including, but not limited to, convictions, preceding | ||||||
7 | sentences of supervision, conditional discharge, or first | ||||||
8 | offender probation, under the laws of any jurisdiction of | ||||||
9 | the United States of any crime that is a felony.
| ||||||
10 | (4) Gross negligence in practice under this Act.
| ||||||
11 | (5) Engaging in dishonorable, unethical, or | ||||||
12 | unprofessional
conduct of a
character likely to deceive, | ||||||
13 | defraud or harm the public.
| ||||||
14 | (6) Obtaining any fee by fraud, deceit, or
| ||||||
15 | misrepresentation.
| ||||||
16 | (7) Habitual or excessive use or abuse of drugs | ||||||
17 | defined in law
as
controlled substances, of alcohol, or of | ||||||
18 | any other substances which results in
the inability to | ||||||
19 | practice with reasonable judgment, skill, or safety.
| ||||||
20 | (8) Practicing under a false or, except as provided by | ||||||
21 | law, an
assumed
name.
| ||||||
22 | (9) Fraud or misrepresentation in applying for, or | ||||||
23 | procuring, a
license
under this Act or in connection with | ||||||
24 | applying for renewal of a license under
this Act.
| ||||||
25 | (10) Making a false or misleading statement regarding | ||||||
26 | their
skill or the
efficacy or value of the medicine, |
| |||||||
| |||||||
1 | treatment, or remedy prescribed by them at
their direction | ||||||
2 | in the treatment of any disease or other condition of the | ||||||
3 | body
or mind.
| ||||||
4 | (11) Allowing another person or organization to use | ||||||
5 | their
license, procured
under this Act, to practice.
| ||||||
6 | (12) Adverse action taken by another state or | ||||||
7 | jurisdiction
against a license
or other authorization to | ||||||
8 | practice as a medical doctor, doctor of osteopathy,
doctor | ||||||
9 | of osteopathic medicine or
doctor of chiropractic, a | ||||||
10 | certified copy of the record of the action taken by
the | ||||||
11 | other state or jurisdiction being prima facie evidence | ||||||
12 | thereof. This includes any adverse action taken by a State | ||||||
13 | or federal agency that prohibits a medical doctor, doctor | ||||||
14 | of osteopathy, doctor of osteopathic medicine, or doctor | ||||||
15 | of chiropractic from providing services to the agency's | ||||||
16 | participants.
| ||||||
17 | (13) Violation of any provision of this Act or of the | ||||||
18 | Medical
Practice Act
prior to the repeal of that Act, or | ||||||
19 | violation of the rules, or a final
administrative action | ||||||
20 | of the Secretary, after consideration of the
| ||||||
21 | recommendation of the Medical Board.
| ||||||
22 | (14) Violation of the prohibition against fee | ||||||
23 | splitting in Section 22.2 of this Act.
| ||||||
24 | (15) A finding by the Medical Board that the
| ||||||
25 | registrant after
having his or her license placed on | ||||||
26 | probationary status or subjected to
conditions or |
| |||||||
| |||||||
1 | restrictions violated the terms of the probation or failed | ||||||
2 | to
comply with such terms or conditions.
| ||||||
3 | (16) Abandonment of a patient.
| ||||||
4 | (17) Prescribing, selling, administering, | ||||||
5 | distributing, giving,
or
self-administering any drug | ||||||
6 | classified as a controlled substance (designated
product) | ||||||
7 | or narcotic for other than medically accepted therapeutic
| ||||||
8 | purposes.
| ||||||
9 | (18) Promotion of the sale of drugs, devices, | ||||||
10 | appliances, or
goods provided
for a patient in such manner | ||||||
11 | as to exploit the patient for financial gain of
the | ||||||
12 | physician.
| ||||||
13 | (19) Offering, undertaking, or agreeing to cure or | ||||||
14 | treat
disease by a secret
method, procedure, treatment, or | ||||||
15 | medicine, or the treating, operating, or
prescribing for | ||||||
16 | any human condition by a method, means, or procedure which | ||||||
17 | the
licensee refuses to divulge upon demand of the | ||||||
18 | Department.
| ||||||
19 | (20) Immoral conduct in the commission of any act | ||||||
20 | including,
but not limited to, commission of an act of | ||||||
21 | sexual misconduct related to the
licensee's
practice.
| ||||||
22 | (21) Willfully making or filing false records or | ||||||
23 | reports in his
or her
practice as a physician, including, | ||||||
24 | but not limited to, false records to
support claims | ||||||
25 | against the medical assistance program of the Department | ||||||
26 | of Healthcare and Family Services (formerly Department of
|
| |||||||
| |||||||
1 | Public Aid)
under the Illinois Public Aid Code.
| ||||||
2 | (22) Willful omission to file or record, or willfully | ||||||
3 | impeding
the filing or
recording, or inducing another | ||||||
4 | person to omit to file or record, medical
reports as | ||||||
5 | required by law, or willfully failing to report an | ||||||
6 | instance of
suspected abuse or neglect as required by law.
| ||||||
7 | (23) Being named as a perpetrator in an indicated | ||||||
8 | report by
the Department
of Children and Family Services | ||||||
9 | under the Abused and Neglected Child Reporting
Act, and | ||||||
10 | upon proof by clear and convincing evidence that the | ||||||
11 | licensee has
caused a child to be an abused child or | ||||||
12 | neglected child as defined in the
Abused and Neglected | ||||||
13 | Child Reporting Act.
| ||||||
14 | (24) Solicitation of professional patronage by any
| ||||||
15 | corporation, agents or
persons, or profiting from those | ||||||
16 | representing themselves to be agents of the
licensee.
| ||||||
17 | (25) Gross and willful and continued overcharging for
| ||||||
18 | professional services,
including filing false statements | ||||||
19 | for collection of fees for which services are
not | ||||||
20 | rendered, including, but not limited to, filing such false | ||||||
21 | statements for
collection of monies for services not | ||||||
22 | rendered from the medical assistance
program of the | ||||||
23 | Department of Healthcare and Family Services (formerly | ||||||
24 | Department of Public Aid)
under the Illinois Public Aid
| ||||||
25 | Code.
| ||||||
26 | (26) A pattern of practice or other behavior which
|
| |||||||
| |||||||
1 | demonstrates
incapacity
or incompetence to practice under | ||||||
2 | this Act.
| ||||||
3 | (27) Mental illness or disability which results in the
| ||||||
4 | inability to
practice under this Act with reasonable | ||||||
5 | judgment, skill, or safety.
| ||||||
6 | (28) Physical illness, including, but not limited to,
| ||||||
7 | deterioration through
the aging process, or loss of motor | ||||||
8 | skill which results in a physician's
inability to practice | ||||||
9 | under this Act with reasonable judgment, skill, or
safety.
| ||||||
10 | (29) Cheating on or attempting attempt to subvert the | ||||||
11 | licensing
examinations
administered under this Act.
| ||||||
12 | (30) Willfully or negligently violating the | ||||||
13 | confidentiality
between
physician and patient except as | ||||||
14 | required by law.
| ||||||
15 | (31) The use of any false, fraudulent, or deceptive | ||||||
16 | statement
in any
document connected with practice under | ||||||
17 | this Act.
| ||||||
18 | (32) Aiding and abetting an individual not licensed | ||||||
19 | under this
Act in the
practice of a profession licensed | ||||||
20 | under this Act.
| ||||||
21 | (33) Violating state or federal laws or regulations | ||||||
22 | relating
to controlled
substances, legend
drugs, or | ||||||
23 | ephedra as defined in the Ephedra Prohibition Act.
| ||||||
24 | (34) Failure to report to the Department any adverse | ||||||
25 | final
action taken
against them by another licensing | ||||||
26 | jurisdiction (any other state or any
territory of the |
| |||||||
| |||||||
1 | United States or any foreign state or country), by any | ||||||
2 | peer
review body, by any health care institution, by any | ||||||
3 | professional society or
association related to practice | ||||||
4 | under this Act, by any governmental agency, by
any law | ||||||
5 | enforcement agency, or by any court for acts or conduct | ||||||
6 | similar to acts
or conduct which would constitute grounds | ||||||
7 | for action as defined in this
Section.
| ||||||
8 | (35) Failure to report to the Department surrender of | ||||||
9 | a
license or
authorization to practice as a medical | ||||||
10 | doctor, a doctor of osteopathy, a
doctor of osteopathic | ||||||
11 | medicine, or doctor
of chiropractic in another state or | ||||||
12 | jurisdiction, or surrender of membership on
any medical | ||||||
13 | staff or in any medical or professional association or | ||||||
14 | society,
while under disciplinary investigation by any of | ||||||
15 | those authorities or bodies,
for acts or conduct similar | ||||||
16 | to acts or conduct which would constitute grounds
for | ||||||
17 | action as defined in this Section.
| ||||||
18 | (36) Failure to report to the Department any adverse | ||||||
19 | judgment,
settlement,
or award arising from a liability | ||||||
20 | claim related to acts or conduct similar to
acts or | ||||||
21 | conduct which would constitute grounds for action as | ||||||
22 | defined in this
Section.
| ||||||
23 | (37) Failure to provide copies of medical records as | ||||||
24 | required
by law.
| ||||||
25 | (38) Failure to furnish the Department, its | ||||||
26 | investigators or
representatives, relevant information, |
| |||||||
| |||||||
1 | legally requested by the Department
after consultation | ||||||
2 | with the Chief Medical Coordinator or the Deputy Medical
| ||||||
3 | Coordinator.
| ||||||
4 | (39) Violating the Health Care Worker Self-Referral
| ||||||
5 | Act.
| ||||||
6 | (40) Willful failure to provide notice when notice is | ||||||
7 | required
under the
Parental Notice of Abortion Act of | ||||||
8 | 1995.
| ||||||
9 | (41) Failure to establish and maintain records of | ||||||
10 | patient care and
treatment as required by this law.
| ||||||
11 | (42) Entering into an excessive number of written | ||||||
12 | collaborative
agreements with licensed advanced practice | ||||||
13 | registered nurses resulting in an inability to
adequately | ||||||
14 | collaborate.
| ||||||
15 | (43) Repeated failure to adequately collaborate with a | ||||||
16 | licensed advanced practice registered nurse. | ||||||
17 | (44) Violating the Compassionate Use of Medical | ||||||
18 | Cannabis Program Act.
| ||||||
19 | (45) Entering into an excessive number of written | ||||||
20 | collaborative agreements with licensed prescribing | ||||||
21 | psychologists resulting in an inability to adequately | ||||||
22 | collaborate. | ||||||
23 | (46) Repeated failure to adequately collaborate with a | ||||||
24 | licensed prescribing psychologist. | ||||||
25 | (47) Willfully failing to report an instance of | ||||||
26 | suspected abuse, neglect, financial exploitation, or |
| |||||||
| |||||||
1 | self-neglect of an eligible adult as defined in and | ||||||
2 | required by the Adult Protective Services Act. | ||||||
3 | (48) Being named as an abuser in a verified report by | ||||||
4 | the Department on Aging under the Adult Protective | ||||||
5 | Services Act, and upon proof by clear and convincing | ||||||
6 | evidence that the licensee abused, neglected, or | ||||||
7 | financially exploited an eligible adult as defined in the | ||||||
8 | Adult Protective Services Act. | ||||||
9 | (49) Entering into an excessive number of written | ||||||
10 | collaborative agreements with licensed physician | ||||||
11 | assistants resulting in an inability to adequately | ||||||
12 | collaborate. | ||||||
13 | (50) Repeated failure to adequately collaborate with a | ||||||
14 | physician assistant. | ||||||
15 | Except
for actions involving the ground numbered (26), all | ||||||
16 | proceedings to suspend,
revoke, place on probationary status, | ||||||
17 | or take any
other disciplinary action as the Department may | ||||||
18 | deem proper, with regard to a
license on any of the foregoing | ||||||
19 | grounds, must be commenced within 5 years next
after receipt | ||||||
20 | by the Department of a complaint alleging the commission of or
| ||||||
21 | notice of the conviction order for any of the acts described | ||||||
22 | herein. Except
for the grounds numbered (8), (9), (26), and | ||||||
23 | (29), no action shall be commenced more
than 10 years after the | ||||||
24 | date of the incident or act alleged to have violated
this | ||||||
25 | Section. For actions involving the ground numbered (26), a | ||||||
26 | pattern of practice or other behavior includes all incidents |
| |||||||
| |||||||
1 | alleged to be part of the pattern of practice or other behavior | ||||||
2 | that occurred, or a report pursuant to Section 23 of this Act | ||||||
3 | received, within the 10-year period preceding the filing of | ||||||
4 | the complaint. In the event of the settlement of any claim or | ||||||
5 | cause of action
in favor of the claimant or the reduction to | ||||||
6 | final judgment of any civil action
in favor of the plaintiff, | ||||||
7 | such claim, cause of action, or civil action being
grounded on | ||||||
8 | the allegation that a person licensed under this Act was | ||||||
9 | negligent
in providing care, the Department shall have an | ||||||
10 | additional period of 2 years
from the date of notification to | ||||||
11 | the Department under Section 23 of this Act
of such settlement | ||||||
12 | or final judgment in which to investigate and
commence formal | ||||||
13 | disciplinary proceedings under Section 36 of this Act, except
| ||||||
14 | as otherwise provided by law. The time during which the holder | ||||||
15 | of the license
was outside the State of Illinois shall not be | ||||||
16 | included within any period of
time limiting the commencement | ||||||
17 | of disciplinary action by the Department.
| ||||||
18 | The entry of an order or judgment by any circuit court | ||||||
19 | establishing that any
person holding a license under this Act | ||||||
20 | is a person in need of mental treatment
operates as a | ||||||
21 | suspension of that license. That person may resume his or her
| ||||||
22 | practice only upon the entry of a Departmental order based | ||||||
23 | upon a finding by
the Medical Board that the person has been | ||||||
24 | determined to be recovered
from mental illness by the court | ||||||
25 | and upon the Medical Board's
recommendation that the person be | ||||||
26 | permitted to resume his or her practice.
|
| |||||||
| |||||||
1 | The Department may refuse to issue or take disciplinary | ||||||
2 | action concerning the license of any person
who fails to file a | ||||||
3 | return, or to pay the tax, penalty, or interest shown in a
| ||||||
4 | filed return, or to pay any final assessment of tax, penalty, | ||||||
5 | or interest, as
required by any tax Act administered by the | ||||||
6 | Illinois Department of Revenue,
until such time as the | ||||||
7 | requirements of any such tax Act are satisfied as
determined | ||||||
8 | by the Illinois Department of Revenue.
| ||||||
9 | The Department, upon the recommendation of the Medical | ||||||
10 | Board, shall
adopt rules which set forth standards to be used | ||||||
11 | in determining:
| ||||||
12 | (a) when a person will be deemed sufficiently | ||||||
13 | rehabilitated to warrant the
public trust;
| ||||||
14 | (b) what constitutes dishonorable, unethical, or | ||||||
15 | unprofessional conduct of
a character likely to deceive, | ||||||
16 | defraud, or harm the public;
| ||||||
17 | (c) what constitutes immoral conduct in the commission | ||||||
18 | of any act,
including, but not limited to, commission of | ||||||
19 | an act of sexual misconduct
related
to the licensee's | ||||||
20 | practice; and
| ||||||
21 | (d) what constitutes gross negligence in the practice | ||||||
22 | of medicine.
| ||||||
23 | However, no such rule shall be admissible into evidence in | ||||||
24 | any civil action
except for review of a licensing or other | ||||||
25 | disciplinary action under this Act.
| ||||||
26 | In enforcing this Section, the Medical Board,
upon a |
| |||||||
| |||||||
1 | showing of a possible violation, may compel any individual who | ||||||
2 | is licensed to
practice under this Act or holds a permit to | ||||||
3 | practice under this Act, or any individual who has applied for | ||||||
4 | licensure or a permit
pursuant to this Act, to submit to a | ||||||
5 | mental or physical examination and evaluation, or both,
which | ||||||
6 | may include a substance abuse or sexual offender evaluation, | ||||||
7 | as required by the Medical Board and at the expense of the | ||||||
8 | Department. The Medical Board shall specifically designate the | ||||||
9 | examining physician licensed to practice medicine in all of | ||||||
10 | its branches or, if applicable, the multidisciplinary team | ||||||
11 | involved in providing the mental or physical examination and | ||||||
12 | evaluation, or both. The multidisciplinary team shall be led | ||||||
13 | by a physician licensed to practice medicine in all of its | ||||||
14 | branches and may consist of one or more or a combination of | ||||||
15 | physicians licensed to practice medicine in all of its | ||||||
16 | branches, licensed chiropractic physicians, licensed clinical | ||||||
17 | psychologists, licensed clinical social workers, licensed | ||||||
18 | clinical professional counselors, and other professional and | ||||||
19 | administrative staff. Any examining physician or member of the | ||||||
20 | multidisciplinary team may require any person ordered to | ||||||
21 | submit to an examination and evaluation pursuant to this | ||||||
22 | Section to submit to any additional supplemental testing | ||||||
23 | deemed necessary to complete any examination or evaluation | ||||||
24 | process, including, but not limited to, blood testing, | ||||||
25 | urinalysis, psychological testing, or neuropsychological | ||||||
26 | testing.
The Medical Board or the Department may order the |
| |||||||
| |||||||
1 | examining
physician or any member of the multidisciplinary | ||||||
2 | team to provide to the Department or the Medical Board any and | ||||||
3 | all records, including business records, that relate to the | ||||||
4 | examination and evaluation, including any supplemental testing | ||||||
5 | performed. The Medical Board or the Department may order the | ||||||
6 | examining physician or any member of the multidisciplinary | ||||||
7 | team to present testimony concerning this examination
and | ||||||
8 | evaluation of the licensee, permit holder, or applicant, | ||||||
9 | including testimony concerning any supplemental testing or | ||||||
10 | documents relating to the examination and evaluation. No | ||||||
11 | information, report, record, or other documents in any way | ||||||
12 | related to the examination and evaluation shall be excluded by | ||||||
13 | reason of
any common
law or statutory privilege relating to | ||||||
14 | communication between the licensee, permit holder, or
| ||||||
15 | applicant and
the examining physician or any member of the | ||||||
16 | multidisciplinary team.
No authorization is necessary from the | ||||||
17 | licensee, permit holder, or applicant ordered to undergo an | ||||||
18 | evaluation and examination for the examining physician or any | ||||||
19 | member of the multidisciplinary team to provide information, | ||||||
20 | reports, records, or other documents or to provide any | ||||||
21 | testimony regarding the examination and evaluation. The | ||||||
22 | individual to be examined may have, at his or her own expense, | ||||||
23 | another
physician of his or her choice present during all | ||||||
24 | aspects of the examination.
Failure of any individual to | ||||||
25 | submit to mental or physical examination and evaluation, or | ||||||
26 | both, when
directed, shall result in an automatic suspension, |
| |||||||
| |||||||
1 | without hearing, until such time
as the individual submits to | ||||||
2 | the examination. If the Medical Board finds a physician unable
| ||||||
3 | to practice following an examination and evaluation because of | ||||||
4 | the reasons set forth in this Section, the Medical Board shall | ||||||
5 | require such physician to submit to care, counseling, or | ||||||
6 | treatment
by physicians, or other health care professionals, | ||||||
7 | approved or designated by the Medical Board, as a condition
| ||||||
8 | for issued, continued, reinstated, or renewed licensure to | ||||||
9 | practice. Any physician,
whose license was granted pursuant to | ||||||
10 | Sections 9, 17, or 19 of this Act, or,
continued, reinstated, | ||||||
11 | renewed, disciplined or supervised, subject to such
terms, | ||||||
12 | conditions, or restrictions who shall fail to comply with such | ||||||
13 | terms,
conditions, or restrictions, or to complete a required | ||||||
14 | program of care,
counseling, or treatment, as determined by | ||||||
15 | the Chief Medical Coordinator or
Deputy Medical Coordinators, | ||||||
16 | shall be referred to the Secretary for a
determination as to | ||||||
17 | whether the licensee shall have his or her license suspended
| ||||||
18 | immediately, pending a hearing by the Medical Board. In | ||||||
19 | instances in
which the Secretary immediately suspends a | ||||||
20 | license under this Section, a hearing
upon such person's | ||||||
21 | license must be convened by the Medical Board within 15
days | ||||||
22 | after such suspension and completed without appreciable delay. | ||||||
23 | The Medical
Board shall have the authority to review the | ||||||
24 | subject physician's
record of treatment and counseling | ||||||
25 | regarding the impairment, to the extent
permitted by | ||||||
26 | applicable federal statutes and regulations safeguarding the
|
| |||||||
| |||||||
1 | confidentiality of medical records.
| ||||||
2 | An individual licensed under this Act, affected under this | ||||||
3 | Section, shall be
afforded an opportunity to demonstrate to | ||||||
4 | the Medical Board that he or she can
resume practice in | ||||||
5 | compliance with acceptable and prevailing standards under
the | ||||||
6 | provisions of his or her license.
| ||||||
7 | The Department may promulgate rules for the imposition of | ||||||
8 | fines in
disciplinary cases, not to exceed
$10,000 for each | ||||||
9 | violation of this Act. Fines
may be imposed in conjunction | ||||||
10 | with other forms of disciplinary action, but
shall not be the | ||||||
11 | exclusive disposition of any disciplinary action arising out
| ||||||
12 | of conduct resulting in death or injury to a patient. Any funds | ||||||
13 | collected from
such fines shall be deposited in the Illinois | ||||||
14 | State Medical Disciplinary Fund.
| ||||||
15 | All fines imposed under this Section shall be paid within | ||||||
16 | 60 days after the effective date of the order imposing the fine | ||||||
17 | or in accordance with the terms set forth in the order imposing | ||||||
18 | the fine. | ||||||
19 | (B) The Department shall revoke the license or
permit | ||||||
20 | issued under this Act to practice medicine or a chiropractic | ||||||
21 | physician who
has been convicted a second time of committing | ||||||
22 | any felony under the
Illinois Controlled Substances Act or the | ||||||
23 | Methamphetamine Control and Community Protection Act, or who | ||||||
24 | has been convicted a second time of
committing a Class 1 felony | ||||||
25 | under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A | ||||||
26 | person whose license or permit is revoked
under
this |
| |||||||
| |||||||
1 | subsection B shall be prohibited from practicing
medicine or | ||||||
2 | treating human ailments without the use of drugs and without
| ||||||
3 | operative surgery.
| ||||||
4 | (C) The Department shall not revoke, suspend, place on | ||||||
5 | probation, reprimand, refuse to issue or renew, or take any | ||||||
6 | other disciplinary or non-disciplinary action against the | ||||||
7 | license or permit issued under this Act to practice medicine | ||||||
8 | to a physician: | ||||||
9 | (1) based solely upon the recommendation of the | ||||||
10 | physician to an eligible patient regarding, or | ||||||
11 | prescription for, or treatment with, an investigational | ||||||
12 | drug, biological product, or device; or | ||||||
13 | (2) for experimental treatment for Lyme disease or | ||||||
14 | other tick-borne diseases, including, but not limited to, | ||||||
15 | the prescription of or treatment with long-term | ||||||
16 | antibiotics. | ||||||
17 | (D) The Medical Board shall recommend to the
Department | ||||||
18 | civil
penalties and any other appropriate discipline in | ||||||
19 | disciplinary cases when the Medical
Board finds that a | ||||||
20 | physician willfully performed an abortion with actual
| ||||||
21 | knowledge that the person upon whom the abortion has been | ||||||
22 | performed is a minor
or an incompetent person without notice | ||||||
23 | as required under the Parental Notice
of Abortion Act of 1995. | ||||||
24 | Upon the Medical Board's recommendation, the Department shall
| ||||||
25 | impose, for the first violation, a civil penalty of $1,000 and | ||||||
26 | for a second or
subsequent violation, a civil penalty of |
| |||||||
| |||||||
1 | $5,000.
| ||||||
2 | (Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; | ||||||
3 | 101-363, eff. 8-9-19; 102-20, eff. 1-1-22; 102-558, eff. | ||||||
4 | 8-20-21; revised 12-2-21.)
| ||||||
5 | Section 470. The Pharmacy Practice Act is amended by | ||||||
6 | changing Sections 3 and 4 and by setting forth and renumbering | ||||||
7 | multiple
versions of Section 43 as follows:
| ||||||
8 | (225 ILCS 85/3)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
10 | Sec. 3. Definitions. For the purpose of this Act, except | ||||||
11 | where otherwise
limited therein:
| ||||||
12 | (a) "Pharmacy" or "drugstore" means and includes every | ||||||
13 | store, shop,
pharmacy department, or other place where | ||||||
14 | pharmacist
care is
provided
by a pharmacist (1) where drugs, | ||||||
15 | medicines, or poisons are
dispensed, sold or
offered for sale | ||||||
16 | at retail, or displayed for sale at retail; or
(2)
where
| ||||||
17 | prescriptions of physicians, dentists, advanced practice | ||||||
18 | registered nurses, physician assistants, veterinarians, | ||||||
19 | podiatric physicians, or
optometrists, within the limits of | ||||||
20 | their
licenses, are
compounded, filled, or dispensed; or (3) | ||||||
21 | which has upon it or
displayed within
it, or affixed to or used | ||||||
22 | in connection with it, a sign bearing the word or
words | ||||||
23 | "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical
Care", | ||||||
24 | "Apothecary", "Drugstore",
"Medicine Store", "Prescriptions", |
| |||||||
| |||||||
1 | "Drugs", "Dispensary", "Medicines", or any word
or words of | ||||||
2 | similar or like import, either in the English language
or any | ||||||
3 | other language; or (4) where the characteristic prescription
| ||||||
4 | sign (Rx) or similar design is exhibited; or (5) any store, or
| ||||||
5 | shop,
or other place with respect to which any of the above | ||||||
6 | words, objects,
signs or designs are used in any | ||||||
7 | advertisement.
| ||||||
8 | (b) "Drugs" means and includes (1) articles recognized
in | ||||||
9 | the official United States Pharmacopoeia/National Formulary | ||||||
10 | (USP/NF),
or any supplement thereto and being intended for and | ||||||
11 | having for their
main use the diagnosis, cure, mitigation, | ||||||
12 | treatment or prevention of
disease in man or other animals, as | ||||||
13 | approved by the United States Food and
Drug Administration, | ||||||
14 | but does not include devices or their components, parts,
or | ||||||
15 | accessories; and (2) all other articles intended
for and | ||||||
16 | having for their main use the diagnosis, cure, mitigation,
| ||||||
17 | treatment or prevention of disease in man or other animals, as | ||||||
18 | approved
by the United States Food and Drug Administration, | ||||||
19 | but does not include
devices or their components, parts, or | ||||||
20 | accessories; and (3) articles
(other than food) having for | ||||||
21 | their main use and intended
to affect the structure or any | ||||||
22 | function of the body of man or other
animals; and (4) articles | ||||||
23 | having for their main use and intended
for use as a component | ||||||
24 | or any articles specified in clause (1), (2)
or (3); but does | ||||||
25 | not include devices or their components, parts or
accessories.
| ||||||
26 | (c) "Medicines" means and includes all drugs intended for
|
| |||||||
| |||||||
1 | human or veterinary use approved by the United States Food and | ||||||
2 | Drug
Administration.
| ||||||
3 | (d) "Practice of pharmacy" means: | ||||||
4 | (1) the interpretation and the provision of assistance | ||||||
5 | in the monitoring, evaluation, and implementation of | ||||||
6 | prescription drug orders; | ||||||
7 | (2) the dispensing of prescription drug orders; | ||||||
8 | (3) participation in drug and device selection; | ||||||
9 | (4) drug administration limited to the administration | ||||||
10 | of oral, topical, injectable, and inhalation as follows: | ||||||
11 | (A) in the context of patient education on the | ||||||
12 | proper use or delivery of medications; | ||||||
13 | (B) vaccination of patients 7 years of age and | ||||||
14 | older pursuant to a valid prescription or standing | ||||||
15 | order, by a physician licensed to practice medicine in | ||||||
16 | all its branches, upon completion of appropriate | ||||||
17 | training, including how to address contraindications | ||||||
18 | and adverse reactions set forth by rule, with | ||||||
19 | notification to the patient's physician and | ||||||
20 | appropriate record retention, or pursuant to hospital | ||||||
21 | pharmacy and therapeutics committee policies and | ||||||
22 | procedures. Eligible vaccines are those listed on the | ||||||
23 | U.S. Centers for Disease Control and Prevention (CDC) | ||||||
24 | Recommended Immunization Schedule, the CDC's Health | ||||||
25 | Information for International Travel, or the U.S. Food | ||||||
26 | and Drug Administration's Vaccines Licensed and |
| |||||||
| |||||||
1 | Authorized for Use in the United States. As applicable | ||||||
2 | to the State's Medicaid program and other payers, | ||||||
3 | vaccines ordered and administered in accordance with | ||||||
4 | this subsection shall be covered and reimbursed at no | ||||||
5 | less than the rate that the vaccine is reimbursed when | ||||||
6 | ordered and administered by a physician; | ||||||
7 | (B-5) following the initial administration of | ||||||
8 | long-acting or extended-release form opioid | ||||||
9 | antagonists by a physician licensed to practice | ||||||
10 | medicine in all its branches, administration of | ||||||
11 | injections of long-acting or extended-release form | ||||||
12 | opioid antagonists for the treatment of substance use | ||||||
13 | disorder, pursuant to a valid prescription by a | ||||||
14 | physician licensed to practice medicine in all its | ||||||
15 | branches, upon completion of appropriate training, | ||||||
16 | including how to address contraindications and adverse | ||||||
17 | reactions, including, but not limited to, respiratory | ||||||
18 | depression and the performance of cardiopulmonary | ||||||
19 | resuscitation, set forth by rule, with notification to | ||||||
20 | the patient's physician and appropriate record | ||||||
21 | retention, or pursuant to hospital pharmacy and | ||||||
22 | therapeutics committee policies and procedures; | ||||||
23 | (C) administration of injections of | ||||||
24 | alpha-hydroxyprogesterone caproate, pursuant to a | ||||||
25 | valid prescription, by a physician licensed to | ||||||
26 | practice medicine in all its branches, upon completion |
| |||||||
| |||||||
1 | of appropriate training, including how to address | ||||||
2 | contraindications and adverse reactions set forth by | ||||||
3 | rule, with notification to the patient's physician and | ||||||
4 | appropriate record retention, or pursuant to hospital | ||||||
5 | pharmacy and therapeutics committee policies and | ||||||
6 | procedures; and | ||||||
7 | (D) administration of injections of long-term | ||||||
8 | antipsychotic medications pursuant to a valid | ||||||
9 | prescription by a physician licensed to practice | ||||||
10 | medicine in all its branches, upon completion of | ||||||
11 | appropriate training conducted by an Accreditation | ||||||
12 | Council of Pharmaceutical Education accredited | ||||||
13 | provider, including how to address contraindications | ||||||
14 | and adverse reactions set forth by rule, with | ||||||
15 | notification to the patient's physician and | ||||||
16 | appropriate record retention, or pursuant to hospital | ||||||
17 | pharmacy and therapeutics committee policies and | ||||||
18 | procedures. | ||||||
19 | (5) (blank); | ||||||
20 | (6) drug regimen review; | ||||||
21 | (7) drug or drug-related research; | ||||||
22 | (8) the provision of patient counseling; | ||||||
23 | (9) the practice of telepharmacy; | ||||||
24 | (10) the provision of those acts or services necessary | ||||||
25 | to provide pharmacist care; | ||||||
26 | (11) medication therapy management; |
| |||||||
| |||||||
1 | (12) the responsibility for compounding and labeling | ||||||
2 | of drugs and devices (except labeling by a manufacturer, | ||||||
3 | repackager, or distributor of non-prescription drugs and | ||||||
4 | commercially packaged legend drugs and devices), proper | ||||||
5 | and safe storage of drugs and devices, and maintenance of | ||||||
6 | required records; and | ||||||
7 | (13) the assessment and consultation of patients and | ||||||
8 | dispensing of hormonal contraceptives. | ||||||
9 | A pharmacist who performs any of the acts defined as the | ||||||
10 | practice of pharmacy in this State must be actively licensed | ||||||
11 | as a pharmacist under this Act.
| ||||||
12 | (e) "Prescription" means and includes any written, oral, | ||||||
13 | facsimile, or
electronically transmitted order for drugs
or | ||||||
14 | medical devices, issued by a physician licensed to practice | ||||||
15 | medicine in
all its branches, dentist, veterinarian, podiatric | ||||||
16 | physician, or
optometrist, within the
limits of his or her | ||||||
17 | license, by a physician assistant in accordance with
| ||||||
18 | subsection (f) of Section 4, or by an advanced practice | ||||||
19 | registered nurse in
accordance with subsection (g) of Section | ||||||
20 | 4, containing the
following: (1) name
of the patient; (2) date | ||||||
21 | when prescription was issued; (3) name
and strength of drug or | ||||||
22 | description of the medical device prescribed;
and (4) | ||||||
23 | quantity; (5) directions for use; (6) prescriber's name,
| ||||||
24 | address,
and signature; and (7) DEA registration number where | ||||||
25 | required, for controlled
substances.
The prescription may, but | ||||||
26 | is not required to, list the illness, disease, or condition |
| |||||||
| |||||||
1 | for which the drug or device is being prescribed. DEA | ||||||
2 | registration numbers shall not be required on inpatient drug | ||||||
3 | orders. A prescription for medication other than controlled | ||||||
4 | substances shall be valid for up to 15 months from the date | ||||||
5 | issued for the purpose of refills, unless the prescription | ||||||
6 | states otherwise.
| ||||||
7 | (f) "Person" means and includes a natural person, | ||||||
8 | partnership,
association, corporation, government entity, or | ||||||
9 | any other legal
entity.
| ||||||
10 | (g) "Department" means the Department of Financial and
| ||||||
11 | Professional Regulation.
| ||||||
12 | (h) "Board of Pharmacy" or "Board" means the State Board
| ||||||
13 | of Pharmacy of the Department of Financial and Professional | ||||||
14 | Regulation.
| ||||||
15 | (i) "Secretary"
means the Secretary
of Financial and | ||||||
16 | Professional Regulation.
| ||||||
17 | (j) "Drug product selection" means the interchange for a
| ||||||
18 | prescribed pharmaceutical product in accordance with Section | ||||||
19 | 25 of
this Act and Section 3.14 of the Illinois Food, Drug and | ||||||
20 | Cosmetic Act.
| ||||||
21 | (k) "Inpatient drug order" means an order issued by an | ||||||
22 | authorized
prescriber for a resident or patient of a facility | ||||||
23 | licensed under the
Nursing Home Care Act, the ID/DD Community | ||||||
24 | Care Act, the MC/DD Act, the Specialized Mental Health | ||||||
25 | Rehabilitation Act of 2013, the Hospital Licensing Act, or the | ||||||
26 | University of Illinois Hospital Act, or a facility which is |
| |||||||
| |||||||
1 | operated by the Department of Human
Services (as successor to | ||||||
2 | the Department of Mental Health
and Developmental | ||||||
3 | Disabilities) or the Department of Corrections.
| ||||||
4 | (k-5) "Pharmacist" means an individual health care | ||||||
5 | professional and
provider currently licensed by this State to | ||||||
6 | engage in the practice of
pharmacy.
| ||||||
7 | (l) "Pharmacist in charge" means the licensed pharmacist | ||||||
8 | whose name appears
on a pharmacy license and who is | ||||||
9 | responsible for all aspects of the
operation related to the | ||||||
10 | practice of pharmacy.
| ||||||
11 | (m) "Dispense" or "dispensing" means the interpretation, | ||||||
12 | evaluation, and implementation of a prescription drug order, | ||||||
13 | including the preparation and delivery of a drug or device to a | ||||||
14 | patient or patient's agent in a suitable container | ||||||
15 | appropriately labeled for subsequent administration to or use | ||||||
16 | by a patient in accordance with applicable State and federal | ||||||
17 | laws and regulations.
"Dispense" or "dispensing" does not mean | ||||||
18 | the physical delivery to a patient or a
patient's | ||||||
19 | representative in a home or institution by a designee of a | ||||||
20 | pharmacist
or by common carrier. "Dispense" or "dispensing" | ||||||
21 | also does not mean the physical delivery
of a drug or medical | ||||||
22 | device to a patient or patient's representative by a
| ||||||
23 | pharmacist's designee within a pharmacy or drugstore while the | ||||||
24 | pharmacist is
on duty and the pharmacy is open.
| ||||||
25 | (n) "Nonresident pharmacy"
means a pharmacy that is | ||||||
26 | located in a state, commonwealth, or territory
of the United |
| |||||||
| |||||||
1 | States, other than Illinois, that delivers, dispenses, or
| ||||||
2 | distributes, through the United States Postal Service, | ||||||
3 | commercially acceptable parcel delivery service, or other | ||||||
4 | common
carrier, to Illinois residents, any substance which | ||||||
5 | requires a prescription.
| ||||||
6 | (o) "Compounding" means the preparation and mixing of | ||||||
7 | components, excluding flavorings, (1) as the result of a | ||||||
8 | prescriber's prescription drug order or initiative based on | ||||||
9 | the prescriber-patient-pharmacist relationship in the course | ||||||
10 | of professional practice or (2) for the purpose of, or | ||||||
11 | incident to, research, teaching, or chemical analysis and not | ||||||
12 | for sale or dispensing. "Compounding" includes the preparation | ||||||
13 | of drugs or devices in anticipation of receiving prescription | ||||||
14 | drug orders based on routine, regularly observed dispensing | ||||||
15 | patterns. Commercially available products may be compounded | ||||||
16 | for dispensing to individual patients only if all of the | ||||||
17 | following conditions are met: (i) the commercial product is | ||||||
18 | not reasonably available from normal distribution channels in | ||||||
19 | a timely manner to meet the patient's needs and (ii) the | ||||||
20 | prescribing practitioner has requested that the drug be | ||||||
21 | compounded.
| ||||||
22 | (p) (Blank).
| ||||||
23 | (q) (Blank).
| ||||||
24 | (r) "Patient counseling" means the communication between a | ||||||
25 | pharmacist or a student pharmacist under the supervision of a | ||||||
26 | pharmacist and a patient or the patient's representative about |
| |||||||
| |||||||
1 | the patient's medication or device for the purpose of | ||||||
2 | optimizing proper use of prescription medications or devices. | ||||||
3 | "Patient counseling" may include without limitation (1) | ||||||
4 | obtaining a medication history; (2) acquiring a patient's | ||||||
5 | allergies and health conditions; (3) facilitation of the | ||||||
6 | patient's understanding of the intended use of the medication; | ||||||
7 | (4) proper directions for use; (5) significant potential | ||||||
8 | adverse events; (6) potential food-drug interactions; and (7) | ||||||
9 | the need to be compliant with the medication therapy. A | ||||||
10 | pharmacy technician may only participate in the following | ||||||
11 | aspects of patient counseling under the supervision of a | ||||||
12 | pharmacist: (1) obtaining medication history; (2) providing | ||||||
13 | the offer for counseling by a pharmacist or student | ||||||
14 | pharmacist; and (3) acquiring a patient's allergies and health | ||||||
15 | conditions.
| ||||||
16 | (s) "Patient profiles" or "patient drug therapy record" | ||||||
17 | means the
obtaining, recording, and maintenance of patient | ||||||
18 | prescription
information, including prescriptions for | ||||||
19 | controlled substances, and
personal information.
| ||||||
20 | (t) (Blank).
| ||||||
21 | (u) "Medical device" or "device" means an instrument, | ||||||
22 | apparatus, implement, machine,
contrivance, implant, in vitro | ||||||
23 | reagent, or other similar or related article,
including any | ||||||
24 | component part or accessory, required under federal law to
| ||||||
25 | bear the label "Caution: Federal law requires dispensing by or | ||||||
26 | on the order
of a physician". A seller of goods and services |
| |||||||
| |||||||
1 | who, only for the purpose of
retail sales, compounds, sells, | ||||||
2 | rents, or leases medical devices shall not,
by reasons | ||||||
3 | thereof, be required to be a licensed pharmacy.
| ||||||
4 | (v) "Unique identifier" means an electronic signature, | ||||||
5 | handwritten
signature or initials, thumb print, or other | ||||||
6 | acceptable biometric
or electronic identification process as | ||||||
7 | approved by the Department.
| ||||||
8 | (w) "Current usual and customary retail price" means the | ||||||
9 | price that a pharmacy charges to a non-third-party payor.
| ||||||
10 | (x) "Automated pharmacy system" means a mechanical system | ||||||
11 | located within the confines of the pharmacy or remote location | ||||||
12 | that performs operations or activities, other than compounding | ||||||
13 | or administration, relative to storage, packaging, dispensing, | ||||||
14 | or distribution of medication, and which collects, controls, | ||||||
15 | and maintains all transaction information. | ||||||
16 | (y) "Drug regimen review" means and includes the | ||||||
17 | evaluation of prescription drug orders and patient records for | ||||||
18 | (1)
known allergies; (2) drug or potential therapy | ||||||
19 | contraindications;
(3) reasonable dose, duration of use, and | ||||||
20 | route of administration, taking into consideration factors | ||||||
21 | such as age, gender, and contraindications; (4) reasonable | ||||||
22 | directions for use; (5) potential or actual adverse drug | ||||||
23 | reactions; (6) drug-drug interactions; (7) drug-food | ||||||
24 | interactions; (8) drug-disease contraindications; (9) | ||||||
25 | therapeutic duplication; (10) patient laboratory values when | ||||||
26 | authorized and available; (11) proper utilization (including |
| |||||||
| |||||||
1 | over or under utilization) and optimum therapeutic outcomes; | ||||||
2 | and (12) abuse and misuse.
| ||||||
3 | (z) "Electronically transmitted prescription" means a | ||||||
4 | prescription that is created, recorded, or stored by | ||||||
5 | electronic means; issued and validated with an electronic | ||||||
6 | signature; and transmitted by electronic means directly from | ||||||
7 | the prescriber to a pharmacy. An electronic prescription is | ||||||
8 | not an image of a physical prescription that is transferred by | ||||||
9 | electronic means from computer to computer, facsimile to | ||||||
10 | facsimile, or facsimile to computer.
| ||||||
11 | (aa) "Medication therapy management services" means a | ||||||
12 | distinct service or group of services offered by licensed | ||||||
13 | pharmacists, physicians licensed to practice medicine in all | ||||||
14 | its branches, advanced practice registered nurses authorized | ||||||
15 | in a written agreement with a physician licensed to practice | ||||||
16 | medicine in all its branches, or physician assistants | ||||||
17 | authorized in guidelines by a supervising physician that | ||||||
18 | optimize therapeutic outcomes for individual patients through | ||||||
19 | improved medication use. In a retail or other non-hospital | ||||||
20 | pharmacy, medication therapy management services shall consist | ||||||
21 | of the evaluation of prescription drug orders and patient | ||||||
22 | medication records to resolve conflicts with the following: | ||||||
23 | (1) known allergies; | ||||||
24 | (2) drug or potential therapy contraindications; | ||||||
25 | (3) reasonable dose, duration of use, and route of | ||||||
26 | administration, taking into consideration factors such as |
| |||||||
| |||||||
1 | age, gender, and contraindications; | ||||||
2 | (4) reasonable directions for use; | ||||||
3 | (5) potential or actual adverse drug reactions; | ||||||
4 | (6) drug-drug interactions; | ||||||
5 | (7) drug-food interactions; | ||||||
6 | (8) drug-disease contraindications; | ||||||
7 | (9) identification of therapeutic duplication; | ||||||
8 | (10) patient laboratory values when authorized and | ||||||
9 | available; | ||||||
10 | (11) proper utilization (including over or under | ||||||
11 | utilization) and optimum therapeutic outcomes; and | ||||||
12 | (12) drug abuse and misuse. | ||||||
13 | "Medication therapy management services" includes the | ||||||
14 | following: | ||||||
15 | (1) documenting the services delivered and | ||||||
16 | communicating the information provided to patients' | ||||||
17 | prescribers within an appropriate time frame, not to | ||||||
18 | exceed 48 hours; | ||||||
19 | (2) providing patient counseling designed to enhance a | ||||||
20 | patient's understanding and the appropriate use of his or | ||||||
21 | her medications; and | ||||||
22 | (3) providing information, support services, and | ||||||
23 | resources designed to enhance a patient's adherence with | ||||||
24 | his or her prescribed therapeutic regimens. | ||||||
25 | "Medication therapy management services" may also include | ||||||
26 | patient care functions authorized by a physician licensed to |
| |||||||
| |||||||
1 | practice medicine in all its branches for his or her | ||||||
2 | identified patient or groups of patients under specified | ||||||
3 | conditions or limitations in a standing order from the | ||||||
4 | physician. | ||||||
5 | "Medication therapy management services" in a licensed | ||||||
6 | hospital may also include the following: | ||||||
7 | (1) reviewing assessments of the patient's health | ||||||
8 | status; and | ||||||
9 | (2) following protocols of a hospital pharmacy and | ||||||
10 | therapeutics committee with respect to the fulfillment of | ||||||
11 | medication orders.
| ||||||
12 | (bb) "Pharmacist care" means the provision by a pharmacist | ||||||
13 | of medication therapy management services, with or without the | ||||||
14 | dispensing of drugs or devices, intended to achieve outcomes | ||||||
15 | that improve patient health, quality of life, and comfort and | ||||||
16 | enhance patient safety.
| ||||||
17 | (cc) "Protected health information" means individually | ||||||
18 | identifiable health information that, except as otherwise | ||||||
19 | provided, is:
| ||||||
20 | (1) transmitted by electronic media; | ||||||
21 | (2) maintained in any medium set forth in the | ||||||
22 | definition of "electronic media" in the federal Health | ||||||
23 | Insurance Portability and Accountability Act; or | ||||||
24 | (3) transmitted or maintained in any other form or | ||||||
25 | medium. | ||||||
26 | "Protected health information" does not include |
| |||||||
| |||||||
1 | individually identifiable health information found in: | ||||||
2 | (1) education records covered by the federal Family | ||||||
3 | Educational Right and Privacy Act; or | ||||||
4 | (2) employment records held by a licensee in its role | ||||||
5 | as an employer. | ||||||
6 | (dd) "Standing order" means a specific order for a patient | ||||||
7 | or group of patients issued by a physician licensed to | ||||||
8 | practice medicine in all its branches in Illinois. | ||||||
9 | (ee) "Address of record" means the designated address | ||||||
10 | recorded by the Department in the applicant's application file | ||||||
11 | or licensee's license file maintained by the Department's | ||||||
12 | licensure maintenance unit. | ||||||
13 | (ff) "Home pharmacy" means the location of a pharmacy's | ||||||
14 | primary operations.
| ||||||
15 | (gg) "Email address of record" means the designated email | ||||||
16 | address recorded by the Department in the applicant's | ||||||
17 | application file or the licensee's license file, as maintained | ||||||
18 | by the Department's licensure maintenance unit. | ||||||
19 | (Source: P.A. 101-349, eff. 1-1-20; 102-16, eff. 6-17-21; | ||||||
20 | 102-103, eff. 1-1-22; 102-558, eff. 8-20-21; revised | ||||||
21 | 10-26-21.)
| ||||||
22 | (225 ILCS 85/4) (from Ch. 111, par. 4124)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
24 | Sec. 4. Exemptions. Nothing contained in any Section of | ||||||
25 | this Act shall
apply
to, or in any manner interfere with:
|
| |||||||
| |||||||
1 | (a) the lawful practice of any physician licensed to | ||||||
2 | practice medicine in
all of its branches, dentist, | ||||||
3 | podiatric physician,
veterinarian, or therapeutically or | ||||||
4 | diagnostically certified optometrist within
the limits of
| ||||||
5 | his or her license, or prevent him or her from
supplying to | ||||||
6 | his
or her
bona fide patients
such drugs, medicines, or | ||||||
7 | poisons as may seem to him appropriate;
| ||||||
8 | (b) the sale of compressed gases;
| ||||||
9 | (c) the sale of patent or proprietary medicines and | ||||||
10 | household remedies
when sold in original and unbroken | ||||||
11 | packages only, if such patent or
proprietary medicines and | ||||||
12 | household remedies be properly and adequately
labeled as | ||||||
13 | to content and usage and generally considered and accepted
| ||||||
14 | as harmless and nonpoisonous when used according to the | ||||||
15 | directions
on the label, and also do not contain opium or | ||||||
16 | coca leaves, or any
compound, salt or derivative thereof, | ||||||
17 | or any drug which, according
to the latest editions of the | ||||||
18 | following authoritative pharmaceutical
treatises and | ||||||
19 | standards, namely, The United States | ||||||
20 | Pharmacopoeia/National
Formulary (USP/NF), the United | ||||||
21 | States Dispensatory, and the Accepted
Dental Remedies of | ||||||
22 | the Council of Dental Therapeutics of the American
Dental | ||||||
23 | Association or any or either of them, in use on the | ||||||
24 | effective
date of this Act, or according to the existing | ||||||
25 | provisions of the Federal
Food, Drug, and Cosmetic Act and | ||||||
26 | Regulations of the Department of Health
and Human |
| |||||||
| |||||||
1 | Services, Food and Drug Administration, promulgated | ||||||
2 | thereunder
now in effect, is designated, described or | ||||||
3 | considered as a narcotic,
hypnotic, habit forming, | ||||||
4 | dangerous, or poisonous drug;
| ||||||
5 | (d) the sale of poultry and livestock remedies in | ||||||
6 | original and unbroken
packages only, labeled for poultry | ||||||
7 | and livestock medication;
| ||||||
8 | (e) the sale of poisonous substances or mixture of | ||||||
9 | poisonous substances,
in unbroken packages, for | ||||||
10 | nonmedicinal use in the arts or industries
or for | ||||||
11 | insecticide purposes; provided, they are properly and | ||||||
12 | adequately
labeled as to content and such nonmedicinal | ||||||
13 | usage, in conformity
with the provisions of all applicable | ||||||
14 | federal, state and local laws
and regulations promulgated | ||||||
15 | thereunder now in effect relating thereto
and governing | ||||||
16 | the same, and those which are required under such | ||||||
17 | applicable
laws and regulations to be labeled with the | ||||||
18 | word "Poison", are also labeled
with the word "Poison" | ||||||
19 | printed
thereon in prominent type and the name of a | ||||||
20 | readily obtainable antidote
with directions for its | ||||||
21 | administration;
| ||||||
22 | (f) the delegation of limited prescriptive authority | ||||||
23 | by a physician
licensed to
practice medicine in all its | ||||||
24 | branches to a physician assistant
under Section 7.5 of the | ||||||
25 | Physician Assistant Practice Act of 1987. This
delegated | ||||||
26 | authority under Section 7.5 of the Physician Assistant |
| |||||||
| |||||||
1 | Practice Act of 1987 may, but is not required to, include | ||||||
2 | prescription of
controlled substances, as defined in | ||||||
3 | Article II of the
Illinois Controlled Substances Act, in | ||||||
4 | accordance with a written supervision agreement;
| ||||||
5 | (g) the delegation of prescriptive authority by a | ||||||
6 | physician
licensed to practice medicine in all its | ||||||
7 | branches or a licensed podiatric physician to an advanced | ||||||
8 | practice
registered nurse in accordance with a written | ||||||
9 | collaborative
agreement under Sections 65-35 and 65-40 of | ||||||
10 | the Nurse Practice Act; | ||||||
11 | (g-5) the donation or acceptance, or the packaging,
| ||||||
12 | repackaging, or labeling, of drugs to the
extent permitted | ||||||
13 | under the Illinois Drug Reuse Opportunity Program Act; and
| ||||||
14 | (h) the sale or distribution of dialysate or devices | ||||||
15 | necessary to perform home peritoneal renal dialysis for | ||||||
16 | patients with end-stage renal disease, provided that all | ||||||
17 | of the following conditions are met: | ||||||
18 | (1) the dialysate, comprised of dextrose or | ||||||
19 | icodextrin, or devices are approved or cleared by the | ||||||
20 | federal Food and Drug Administration, as required by | ||||||
21 | federal law; | ||||||
22 | (2) the dialysate or devices are lawfully held by | ||||||
23 | a manufacturer or the manufacturer's agent, which is | ||||||
24 | properly registered with the Board as a manufacturer, | ||||||
25 | third-party logistics provider, or wholesaler; | ||||||
26 | (3) the dialysate or devices are held and |
| |||||||
| |||||||
1 | delivered to the manufacturer or the manufacturer's | ||||||
2 | agent in the original, sealed packaging from the | ||||||
3 | manufacturing facility; | ||||||
4 | (4) the dialysate or devices are delivered only | ||||||
5 | upon receipt of a physician's prescription by a | ||||||
6 | licensed pharmacy in which the prescription is | ||||||
7 | processed in accordance with provisions set forth in | ||||||
8 | this Act, and the transmittal of an order from the | ||||||
9 | licensed pharmacy to the manufacturer or the | ||||||
10 | manufacturer's agent; and | ||||||
11 | (5) the manufacturer or the manufacturer's agent | ||||||
12 | delivers the dialysate or devices directly to: (i) a | ||||||
13 | patient with end-stage renal disease, or his or her | ||||||
14 | designee, for the patient's self-administration of the | ||||||
15 | dialysis therapy or (ii) a health care provider or | ||||||
16 | institution for administration or delivery of the | ||||||
17 | dialysis therapy to a patient with end-stage renal | ||||||
18 | disease. | ||||||
19 | This paragraph (h) does not include any other drugs | ||||||
20 | for peritoneal dialysis, except dialysate, as described in | ||||||
21 | item (1) of this paragraph (h). All records of sales and | ||||||
22 | distribution of dialysate to patients made pursuant to | ||||||
23 | this paragraph (h) must be retained in accordance with | ||||||
24 | Section 18 of this Act. A student pharmacist or licensed | ||||||
25 | pharmacy technician engaged in remote prescription | ||||||
26 | processing under Section 25.10 of this Act at a licensed |
| |||||||
| |||||||
1 | pharmacy described in item (4) of this paragraph (h) shall | ||||||
2 | be permitted to access an employer pharmacy's database | ||||||
3 | from his or her home or other remote location while under | ||||||
4 | the supervision of a pharmacist for the purpose of | ||||||
5 | performing certain prescription processing functions, | ||||||
6 | provided that the pharmacy establishes controls to protect | ||||||
7 | the privacy and security of confidential records. | ||||||
8 | (Source: P.A. 101-420, eff. 8-16-19; 102-84, eff. 7-9-21; | ||||||
9 | 102-389, eff. 1-1-22; revised 10-8-21.)
| ||||||
10 | (225 ILCS 85/43) | ||||||
11 | (Section scheduled to be repealed on January 1, 2023) | ||||||
12 | Sec. 43. Dispensation of hormonal contraceptives. | ||||||
13 | (a) The dispensing of hormonal contraceptives to a patient | ||||||
14 | shall be pursuant to a valid prescription or standing order by | ||||||
15 | a physician licensed to practice medicine in all its branches | ||||||
16 | or the medical director of a local health department, pursuant | ||||||
17 | to the following: | ||||||
18 | (1) a pharmacist may dispense no more than a 12-month | ||||||
19 | supply of hormonal contraceptives to a patient; | ||||||
20 | (2) a pharmacist must complete an educational training | ||||||
21 | program accredited by the Accreditation Council for | ||||||
22 | Pharmacy Education and approved by the Department that is | ||||||
23 | related to the patient self-screening risk assessment, | ||||||
24 | patient assessment contraceptive counseling and education, | ||||||
25 | and dispensation of hormonal contraceptives; |
| |||||||
| |||||||
1 | (3) a pharmacist shall have the patient complete the | ||||||
2 | self-screening risk assessment tool; the self-screening | ||||||
3 | risk assessment tool is to be based on the most current | ||||||
4 | version of the United States Medical Eligibility Criteria | ||||||
5 | for Contraceptive Use published by the federal Centers for | ||||||
6 | Disease Control and Prevention; | ||||||
7 | (4) based upon the results of the self-screening risk | ||||||
8 | assessment and the patient assessment, the pharmacist | ||||||
9 | shall use his or her professional and clinical judgment as | ||||||
10 | to when a patient should be referred to the patient's | ||||||
11 | physician or another health care provider; | ||||||
12 | (5) a pharmacist shall provide, during the patient | ||||||
13 | assessment and consultation, counseling and education | ||||||
14 | about all methods of contraception, including methods not | ||||||
15 | covered under the standing order, and their proper use and | ||||||
16 | effectiveness; | ||||||
17 | (6) the patient consultation shall take place in a | ||||||
18 | private manner; and | ||||||
19 | (7) a pharmacist and pharmacy must maintain | ||||||
20 | appropriate records. | ||||||
21 | (b) The Department may adopt rules to implement this | ||||||
22 | Section. | ||||||
23 | (c) Nothing in this Section shall be interpreted to | ||||||
24 | require a pharmacist to dispense hormonal contraception under | ||||||
25 | a standing order issued by a physician licensed to practice | ||||||
26 | medicine in all its branches or
the medical director of a local |
| |||||||
| |||||||
1 | health department.
| ||||||
2 | (Source: P.A. 102-103, eff. 1-1-22.)
| ||||||
3 | (225 ILCS 85/44)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2023) | ||||||
5 | Sec. 44 43 . Disclosure of pharmacy retail price. | ||||||
6 | (a) For the purpose of this Section: | ||||||
7 | "Pharmacy retail price" means the price an individual | ||||||
8 | without prescription drug coverage or not using any other | ||||||
9 | prescription medication benefit or discount would pay at a | ||||||
10 | retail pharmacy, not including a pharmacist dispensing fee. | ||||||
11 | "Cost-sharing amount" means the amount owed by a | ||||||
12 | policyholder under the terms of his or her health insurance | ||||||
13 | policy or as required by a pharmacy benefit manager as defined | ||||||
14 | in subsection (a) of Section 513b1 of the Illinois Insurance | ||||||
15 | Code. | ||||||
16 | (b) A pharmacist or his or her authorized employee must | ||||||
17 | disclose to the consumer at the point of sale the current | ||||||
18 | pharmacy retail price for each prescription medication the | ||||||
19 | consumer intends to purchase. If the consumer's cost-sharing | ||||||
20 | amount for a prescription exceeds the current pharmacy retail | ||||||
21 | price, the pharmacist or his or her authorized employee must | ||||||
22 | disclose to the consumer that the pharmacy retail price is | ||||||
23 | less than the patient's cost-sharing amount.
| ||||||
24 | (Source: P.A. 102-400, eff. 1-1-22; revised 11-4-21.)
|
| |||||||
| |||||||
1 | Section 475. The Landscape Architecture Registration Act | ||||||
2 | is amended by changing Section 125 as follows: | ||||||
3 | (225 ILCS 316/125) | ||||||
4 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
5 | Sec. 125. Restoration of suspended or revoked | ||||||
6 | registration.
| ||||||
7 | (a) At any time after the successful completion of a term | ||||||
8 | of probation, suspension, or revocation of a registration | ||||||
9 | under this Act, the Department may restore it to the | ||||||
10 | registrant unless after an investigation and hearing the | ||||||
11 | Department determines that restoration is not in the public | ||||||
12 | interest. | ||||||
13 | (b) Where circumstances of suspension or revocation so | ||||||
14 | indicate, the Department may require an examination of the | ||||||
15 | registrant prior to restoring his or her registration. | ||||||
16 | (c) No person whose registration has been revoked as | ||||||
17 | authorized in this Act may apply for restoration of that | ||||||
18 | registration until such time as provided for in the Civil | ||||||
19 | Administrative Code of Illinois. | ||||||
20 | (d) A registration that has been suspended or revoked | ||||||
21 | shall be considered nonrenewed for purposes of restoration and | ||||||
22 | a person registration restoring a their registration from | ||||||
23 | suspension or revocation must comply with the requirements for | ||||||
24 | restoration as set forth in Section 50 of this Act and any | ||||||
25 | rules adopted pursuant to this Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 102-284, eff. 8-6-21; revised 1-9-22.) | ||||||
2 | Section 480. The Private Detective, Private Alarm, Private | ||||||
3 | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | ||||||
4 | amended by changing Section 5-10 as follows:
| ||||||
5 | (225 ILCS 447/5-10)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
7 | Sec. 5-10. Definitions. As used in this Act:
| ||||||
8 | "Address of record" means the designated address recorded | ||||||
9 | by the Department in the applicant's application file or the | ||||||
10 | licensee's license file, as maintained by the Department's | ||||||
11 | licensure maintenance unit. | ||||||
12 | "Advertisement" means any public media, including printed | ||||||
13 | or electronic material, that is published or displayed in a | ||||||
14 | phone book,
newspaper, magazine, pamphlet, newsletter, | ||||||
15 | website, or other similar type of publication or electronic | ||||||
16 | format
that is
intended to either attract business or merely | ||||||
17 | provide contact information to
the public for
an agency or | ||||||
18 | licensee. Advertisement shall not include a licensee's or an
| ||||||
19 | agency's
letterhead, business cards, or other stationery used | ||||||
20 | in routine business
correspondence or
customary name, address, | ||||||
21 | and number type listings in a telephone directory.
| ||||||
22 | "Alarm system" means any system, including an electronic | ||||||
23 | access control
system, a
surveillance video system, a security | ||||||
24 | video system, a burglar alarm system, a
fire alarm
system, or |
| |||||||
| |||||||
1 | any other electronic system that activates an audible, | ||||||
2 | visible,
remote, or
recorded signal that is designed for the | ||||||
3 | protection or detection of intrusion,
entry, theft,
fire, | ||||||
4 | vandalism, escape, or trespass, or other electronic systems | ||||||
5 | designed for the protection of life by indicating the | ||||||
6 | existence of an emergency situation. "Alarm system" also | ||||||
7 | includes an emergency communication system and a mass | ||||||
8 | notification system.
| ||||||
9 | "Applicant" means a person or business applying for | ||||||
10 | licensure, registration, or authorization under this Act. Any | ||||||
11 | applicant or person who holds himself or herself out as an | ||||||
12 | applicant is considered a licensee or registrant for the | ||||||
13 | purposes of enforcement, investigation, hearings, and the | ||||||
14 | Illinois Administrative Procedure Act. | ||||||
15 | "Armed employee" means a licensee or registered person who | ||||||
16 | is employed by an
agency licensed or an armed proprietary | ||||||
17 | security force registered under this
Act who carries a weapon | ||||||
18 | while engaged in the
performance
of official duties within the | ||||||
19 | course and scope of his or her employment during
the hours
and | ||||||
20 | times the employee is scheduled to work or is commuting | ||||||
21 | between his or her
home or
place of employment.
| ||||||
22 | "Armed proprietary security force" means a security force | ||||||
23 | made up of one or
more
armed individuals employed by a | ||||||
24 | commercial or industrial operation or
by a financial | ||||||
25 | institution as security officers
for the
protection of persons | ||||||
26 | or property.
|
| |||||||
| |||||||
1 | "Board" means the Private Detective, Private Alarm, | ||||||
2 | Private Security, Fingerprint Vendor, and
Locksmith Board.
| ||||||
3 | "Branch office" means a business location removed from the | ||||||
4 | place of business
for which an agency license has been issued, | ||||||
5 | including, but not limited to,
locations where active employee | ||||||
6 | records that are required to be maintained
under this Act are | ||||||
7 | kept, where prospective new
employees
are processed, or where | ||||||
8 | members of the public are invited in to transact
business. A
| ||||||
9 | branch office does not include an office or other facility | ||||||
10 | located on the
property of an
existing client that is utilized | ||||||
11 | solely for the benefit of that client and is
not owned or
| ||||||
12 | leased by the agency.
| ||||||
13 | "Canine handler" means a person who uses or handles a | ||||||
14 | trained dog
to protect persons or property or
to conduct | ||||||
15 | investigations. | ||||||
16 | "Canine handler authorization card" means a card issued by | ||||||
17 | the Department that authorizes
the holder to use or handle a | ||||||
18 | trained dog to protect persons or property or to conduct
| ||||||
19 | investigations during the performance of his or her duties as | ||||||
20 | specified in this Act. | ||||||
21 | "Canine trainer" means a person who acts as a dog trainer | ||||||
22 | for the purpose of training dogs to protect
persons or | ||||||
23 | property or to conduct investigations. | ||||||
24 | "Canine trainer authorization card" means a card issued by | ||||||
25 | the Department that authorizes the
holder to train a dog to | ||||||
26 | protect persons or property or to conduct investigations |
| |||||||
| |||||||
1 | during the
performance of his or her duties as specified in | ||||||
2 | this Act. | ||||||
3 | "Canine training facility" means a facility operated by a | ||||||
4 | licensed private detective agency or private
security | ||||||
5 | contractor agency wherein dogs are trained for the purposes of | ||||||
6 | protecting persons or property or to
conduct investigations.
| ||||||
7 | "Corporation" means an artificial person or legal entity | ||||||
8 | created by or under
the
authority of the laws of a state, | ||||||
9 | including without limitation a corporation,
limited liability | ||||||
10 | company, or any other legal entity.
| ||||||
11 | "Department" means the Department of Financial and
| ||||||
12 | Professional Regulation.
| ||||||
13 | "Emergency communication system" means any system that | ||||||
14 | communicates information about emergencies, including but not | ||||||
15 | limited to fire, terrorist activities, shootings, other | ||||||
16 | dangerous situations, accidents, and natural disasters. | ||||||
17 | "Employee" means a person who works for a person or agency | ||||||
18 | that has the
right to
control the details of the work performed | ||||||
19 | and is not dependent upon whether or
not
federal or state | ||||||
20 | payroll taxes are withheld.
| ||||||
21 | "Fingerprint vendor" means a person that offers, | ||||||
22 | advertises, or provides services to fingerprint individuals, | ||||||
23 | through electronic or other means, for the purpose of | ||||||
24 | providing fingerprint images and associated demographic data | ||||||
25 | to the Illinois State Police for processing fingerprint based | ||||||
26 | criminal history record information inquiries. |
| |||||||
| |||||||
1 | "Fingerprint vendor agency" means a person, firm, | ||||||
2 | corporation, or other legal entity that engages in the | ||||||
3 | fingerprint vendor business and employs, in addition to the | ||||||
4 | fingerprint vendor licensee-in-charge, at least one other | ||||||
5 | person in conducting that business. | ||||||
6 | "Fingerprint vendor licensee-in-charge" means a person who | ||||||
7 | has been designated by a fingerprint vendor agency to be the | ||||||
8 | licensee-in-charge of an agency who is a full-time management | ||||||
9 | employee or owner who assumes sole responsibility for | ||||||
10 | maintaining all records required by this Act and who assumes | ||||||
11 | sole responsibility for assuring the licensed agency's | ||||||
12 | compliance with its responsibilities as stated in this Act. | ||||||
13 | The Department shall adopt rules mandating licensee-in-charge | ||||||
14 | participation in agency affairs.
| ||||||
15 | "Fire alarm system" means any system that is activated by | ||||||
16 | an automatic or
manual device in the detection of smoke, heat, | ||||||
17 | or fire that activates an
audible, visible, or
remote signal | ||||||
18 | requiring a response.
| ||||||
19 | "Firearm control card" means a card issued by the | ||||||
20 | Department that
authorizes
the holder, who has complied with | ||||||
21 | the training and other requirements of this Act, to carry a | ||||||
22 | weapon during the performance of his or her duties as
| ||||||
23 | specified in
this Act.
| ||||||
24 | "Firm" means an unincorporated business entity, including | ||||||
25 | but not limited to
proprietorships and partnerships.
| ||||||
26 | "Licensee" means a person or business licensed under this |
| |||||||
| |||||||
1 | Act. Anyone who holds himself or herself out as a licensee or | ||||||
2 | who is accused of unlicensed practice is considered a licensee | ||||||
3 | for purposes of enforcement, investigation, hearings, and the | ||||||
4 | Illinois Administrative Procedure Act. | ||||||
5 | "Locksmith" means
a person who engages in a business or | ||||||
6 | holds himself out to the public as
providing a service that | ||||||
7 | includes, but is not limited to, the servicing,
installing, | ||||||
8 | originating first keys, re-coding, repairing, maintaining,
| ||||||
9 | manipulating, or bypassing of a mechanical or electronic | ||||||
10 | locking device, access
control or video surveillance system at | ||||||
11 | premises, vehicles, safes, vaults, safe
deposit boxes, or | ||||||
12 | automatic teller machines.
| ||||||
13 | "Locksmith agency" means a person, firm, corporation, or | ||||||
14 | other legal entity
that engages
in the
locksmith business and | ||||||
15 | employs, in addition to the locksmith
licensee-in-charge, at | ||||||
16 | least
one other person in conducting such business.
| ||||||
17 | "Locksmith licensee-in-charge" means a person who has been | ||||||
18 | designated by
agency to be the licensee-in-charge of an | ||||||
19 | agency,
who is a
full-time management employee or owner who | ||||||
20 | assumes sole responsibility
for
maintaining all records | ||||||
21 | required by this Act, and who assumes sole
responsibility for
| ||||||
22 | assuring the licensed agency's compliance with its | ||||||
23 | responsibilities as stated
in this Act. The Department shall | ||||||
24 | adopt rules mandating licensee-in-charge
participation in | ||||||
25 | agency affairs.
| ||||||
26 | "Mass notification system" means any system that is used |
| |||||||
| |||||||
1 | to provide information and instructions to people in a | ||||||
2 | building or other space using voice communications, including | ||||||
3 | visible signals, text, graphics, tactile, or other | ||||||
4 | communication methods. | ||||||
5 | "Peace officer" or "police officer" means a person who, by | ||||||
6 | virtue of office
or
public
employment, is vested by law with a | ||||||
7 | duty to maintain public order or to make
arrests for
offenses, | ||||||
8 | whether that duty extends to all offenses or is limited to | ||||||
9 | specific
offenses.
Officers, agents, or employees of the | ||||||
10 | federal government commissioned by
federal
statute
to make | ||||||
11 | arrests for violations of federal laws are considered peace | ||||||
12 | officers.
| ||||||
13 | "Permanent employee registration card" means a card issued | ||||||
14 | by the Department
to an
individual who has applied to the | ||||||
15 | Department and meets the requirements for
employment by a | ||||||
16 | licensed agency under this Act.
| ||||||
17 | "Person" means a natural person.
| ||||||
18 | "Private alarm contractor" means a person who engages in a | ||||||
19 | business that
individually or through others undertakes, | ||||||
20 | offers to undertake, purports to
have the
capacity to | ||||||
21 | undertake, or submits a bid to sell, install, design, monitor, | ||||||
22 | maintain, test, inspect,
alter, repair,
replace, or service | ||||||
23 | alarm and other security-related systems or parts thereof,
| ||||||
24 | including fire
alarm systems, at protected premises or | ||||||
25 | premises to be protected or responds to
alarm
systems at a | ||||||
26 | protected premises on an emergency basis and not as a |
| |||||||
| |||||||
1 | full-time
security officer. "Private alarm contractor" does | ||||||
2 | not include a person, firm,
or
corporation that
manufactures | ||||||
3 | or sells alarm systems
only from its place of business and does | ||||||
4 | not sell, install, monitor, maintain,
alter, repair, replace, | ||||||
5 | service, or respond to alarm systems at protected
premises or | ||||||
6 | premises to be protected.
| ||||||
7 | "Private alarm contractor agency" means a person, | ||||||
8 | corporation, or other
entity
that
engages in the private alarm | ||||||
9 | contracting business and employs, in addition to
the private
| ||||||
10 | alarm contractor-in-charge, at least one other person in | ||||||
11 | conducting such
business.
| ||||||
12 | "Private alarm contractor licensee-in-charge" means a | ||||||
13 | person who has been
designated by an
agency to be the | ||||||
14 | licensee-in-charge of an agency, who is a full-time management
| ||||||
15 | employee or owner who
assumes sole
responsibility for | ||||||
16 | maintaining all records required by this Act, and who
assumes
| ||||||
17 | sole
responsibility for assuring the licensed agency's | ||||||
18 | compliance with its
responsibilities as
stated in this Act.
| ||||||
19 | The Department shall adopt rules mandating licensee-in-charge | ||||||
20 | participation in
agency affairs.
| ||||||
21 | "Private detective" means any person who by any means, | ||||||
22 | including, but not
limited to, manual, canine odor detection,
| ||||||
23 | or electronic methods, engages in the business of, accepts
| ||||||
24 | employment
to furnish, or agrees to make or makes | ||||||
25 | investigations for a fee or other
consideration to
obtain | ||||||
26 | information relating to:
|
| |||||||
| |||||||
1 | (1) Crimes or wrongs done or threatened against the | ||||||
2 | United States, any
state or
territory of the United | ||||||
3 | States, or any local government of a state or
territory.
| ||||||
4 | (2) The identity, habits, conduct, business | ||||||
5 | occupation, honesty,
integrity,
credibility, knowledge, | ||||||
6 | trustworthiness, efficiency, loyalty, activity,
| ||||||
7 | movements, whereabouts, affiliations, associations, | ||||||
8 | transactions, acts,
reputation, or character of any | ||||||
9 | person, firm, or other entity by any means,
manual or | ||||||
10 | electronic.
| ||||||
11 | (3) The location, disposition, or recovery of lost or | ||||||
12 | stolen property.
| ||||||
13 | (4) The cause, origin, or responsibility for fires, | ||||||
14 | accidents, or injuries
to
individuals or real or personal | ||||||
15 | property.
| ||||||
16 | (5) The truth or falsity of any statement or | ||||||
17 | representation.
| ||||||
18 | (6) Securing evidence to be used before any court, | ||||||
19 | board, or investigating
body.
| ||||||
20 | (7) The protection of individuals from bodily harm or | ||||||
21 | death (bodyguard
functions).
| ||||||
22 | (8) Service of process in criminal and civil | ||||||
23 | proceedings.
| ||||||
24 | "Private detective agency" means a person, firm, | ||||||
25 | corporation, or other legal
entity that engages
in the
private | ||||||
26 | detective business and employs, in addition to the |
| |||||||
| |||||||
1 | licensee-in-charge,
one or more
persons in conducting such | ||||||
2 | business.
| ||||||
3 | "Private detective licensee-in-charge" means a person who | ||||||
4 | has been designated
by an agency
to be the licensee-in-charge | ||||||
5 | of an
agency,
who is a full-time management employee or owner
| ||||||
6 | who assumes sole
responsibility
for
maintaining all records | ||||||
7 | required by this Act, and who assumes sole
responsibility
for | ||||||
8 | assuring
the licensed agency's compliance with its | ||||||
9 | responsibilities as stated in this
Act. The Department shall | ||||||
10 | adopt rules mandating licensee-in-charge
participation in | ||||||
11 | agency affairs.
| ||||||
12 | "Private security contractor" means a person who engages | ||||||
13 | in the business of
providing a private security officer, | ||||||
14 | watchman, patrol, guard dog, canine odor detection, or a | ||||||
15 | similar service by
any other
title or name on a contractual | ||||||
16 | basis for another person, firm, corporation, or
other entity
| ||||||
17 | for a fee or other consideration and performing one or more of | ||||||
18 | the following
functions:
| ||||||
19 | (1) The prevention or detection of intrusion, entry, | ||||||
20 | theft, vandalism,
abuse, fire,
or trespass on private or | ||||||
21 | governmental property.
| ||||||
22 | (2) The prevention, observation, or detection of any | ||||||
23 | unauthorized activity
on
private or governmental property.
| ||||||
24 | (3) The protection of persons authorized to be on the | ||||||
25 | premises of the
person,
firm, or other entity for which | ||||||
26 | the security contractor contractually provides
security |
| |||||||
| |||||||
1 | services.
| ||||||
2 | (4) The prevention of the misappropriation or | ||||||
3 | concealment of goods, money,
bonds, stocks, notes, | ||||||
4 | documents, or papers.
| ||||||
5 | (5) The control, regulation, or direction of the | ||||||
6 | movement of the public
for
the
time specifically required | ||||||
7 | for the protection of property owned or controlled
by the | ||||||
8 | client.
| ||||||
9 | (6) The protection of individuals from bodily harm or | ||||||
10 | death (bodyguard
functions).
| ||||||
11 | "Private security contractor agency" means a person, firm, | ||||||
12 | corporation, or
other legal entity that
engages in
the private | ||||||
13 | security contractor business and that employs, in addition to | ||||||
14 | the
licensee-in-charge, one or more persons in conducting such | ||||||
15 | business.
| ||||||
16 | "Private security contractor licensee-in-charge" means a | ||||||
17 | person who has been
designated by an agency to be the
| ||||||
18 | licensee-in-charge of an
agency, who is a full-time management | ||||||
19 | employee or owner
who assumes sole responsibility for | ||||||
20 | maintaining all records required by this
Act, and who
assumes | ||||||
21 | sole responsibility for assuring the licensed agency's | ||||||
22 | compliance with
its
responsibilities as
stated in this Act. | ||||||
23 | The Department shall adopt rules mandating
licensee-in-charge | ||||||
24 | participation in agency affairs.
| ||||||
25 | "Public member" means a person who is not a licensee or | ||||||
26 | related to a
licensee, or who is not an employer or employee of |
| |||||||
| |||||||
1 | a licensee. The term
"related to" shall be determined by the | ||||||
2 | rules of the Department.
| ||||||
3 | "Secretary" means the Secretary of the Department of | ||||||
4 | Financial and Professional Regulation.
| ||||||
5 | (Source: P.A. 102-152, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
6 | revised 10-26-21.)
| ||||||
7 | Section 485. The Real Estate Appraiser Licensing Act of | ||||||
8 | 2002 is amended by changing Section 5-22 as follows: | ||||||
9 | (225 ILCS 458/5-22) | ||||||
10 | (Section scheduled to be repealed on January 1, 2027) | ||||||
11 | Sec. 5-22. Criminal history records check. | ||||||
12 | (a) An application for licensure by examination or | ||||||
13 | restoration shall include the applicant's fingerprints | ||||||
14 | submitted to the Illinois State Police in an electronic format | ||||||
15 | that complies with the form and manner for requesting and | ||||||
16 | furnishing criminal history record information as prescribed | ||||||
17 | by the Illinois State Police. These fingerprints shall be | ||||||
18 | checked against the Illinois State Police and Federal Bureau | ||||||
19 | of Investigation criminal history record databases now and | ||||||
20 | hereafter filed. The Illinois State Police shall charge | ||||||
21 | applicants a fee for conducting the criminal history records | ||||||
22 | check, which shall be deposited into the State Police Services | ||||||
23 | Fund and shall not exceed the actual cost of the records check. | ||||||
24 | The Illinois State Police shall
furnish, pursuant to positive |
| |||||||
| |||||||
1 | identification, records of Illinois convictions to the | ||||||
2 | Department. The Department may require applicants to pay a | ||||||
3 | separate fingerprinting fee, either to the Department or to a | ||||||
4 | vendor. The Department may adopt any rules necessary to | ||||||
5 | implement this Section.
| ||||||
6 | (b) The Secretary may designate a multi-state licensing | ||||||
7 | system to perform the functions described in subsection (a). | ||||||
8 | The Department may require applicants to pay a separate | ||||||
9 | fingerprinting fee, either to the Department or to the | ||||||
10 | multi-state licensing system. The Department may adopt any | ||||||
11 | rules necessary to implement this subsection. | ||||||
12 | (c) The Department shall not consider the following | ||||||
13 | criminal history records in connection with an application for | ||||||
14 | licensure: | ||||||
15 | (1) juvenile adjudications of delinquent minors as | ||||||
16 | defined in Section 5-105 of the Juvenile Court Act of 1987 | ||||||
17 | subject to the restrictions set forth in Section 5-130 of | ||||||
18 | that Act; | ||||||
19 | (2) law enforcement records, court records, and | ||||||
20 | conviction records of an individual who was 17 years old | ||||||
21 | at the time of the offense and before January 1, 2014, | ||||||
22 | unless the nature of the offense required the individual | ||||||
23 | to be tried as an adult; | ||||||
24 | (3) records of arrest not followed by a charge or | ||||||
25 | conviction; | ||||||
26 | (4) records of arrest in which the charges were |
| |||||||
| |||||||
1 | dismissed unless related to the practice of the | ||||||
2 | profession; however, applicants shall not be asked to | ||||||
3 | report any arrests, and an arrest not followed by a | ||||||
4 | conviction shall not be the basis of a denial and may be | ||||||
5 | used only to assess an applicant's rehabilitation; | ||||||
6 | (5) convictions overturned by a higher court; or | ||||||
7 | (6) convictions or arrests that have been sealed or | ||||||
8 | expunged. | ||||||
9 | (d) If an applicant makes a false statement of material | ||||||
10 | fact on the application, the false statement may in itself be | ||||||
11 | sufficient grounds to revoke or refuse to issue a license. | ||||||
12 | (e) An applicant or licensee shall report to the | ||||||
13 | Department, in a manner prescribed by the Department, upon | ||||||
14 | application and within 30 days after the occurrence, if during | ||||||
15 | the term of licensure, (i) any conviction of or plea of guilty | ||||||
16 | or nolo contendere to forgery, embezzlement, obtaining money | ||||||
17 | under false pretenses, larceny, extortion, conspiracy to | ||||||
18 | defraud, or any similar offense or offenses or any conviction | ||||||
19 | of a felony involving moral turpitude, (ii) the entry of an | ||||||
20 | administrative sanction by a government agency in this State | ||||||
21 | or any other jurisdiction that has as an essential element | ||||||
22 | dishonesty or fraud or involves larceny, embezzlement, or | ||||||
23 | obtaining money, property, or credit by false pretenses, or | ||||||
24 | (iii) a crime that subjects the licensee to compliance with | ||||||
25 | the requirements of the Sex Offender Registration Act. | ||||||
26 | (Source: P.A. 102-20, eff. 1-1-22; 102-538, eff. 8-20-21; |
| |||||||
| |||||||
1 | revised 1-4-22.) | ||||||
2 | Section 490. The Illinois Horse Racing Act of 1975 is | ||||||
3 | amended by changing Sections 26 and 28 as follows:
| ||||||
4 | (230 ILCS 5/26) (from Ch. 8, par. 37-26)
| ||||||
5 | Sec. 26. Wagering.
| ||||||
6 | (a) Any licensee may conduct and supervise the pari-mutuel | ||||||
7 | system of
wagering, as defined in Section 3.12 of this Act, on | ||||||
8 | horse races conducted by
an Illinois organization
licensee or | ||||||
9 | conducted at a racetrack located in another state or country | ||||||
10 | in accordance with subsection (g) of Section 26 of this
Act. | ||||||
11 | Subject to the prior consent of the Board, licensees may | ||||||
12 | supplement any
pari-mutuel pool in order to guarantee a | ||||||
13 | minimum distribution. Such
pari-mutuel method of wagering | ||||||
14 | shall not,
under any circumstances if conducted under the | ||||||
15 | provisions of this Act,
be held or construed to be unlawful, | ||||||
16 | other statutes of this State to the
contrary notwithstanding.
| ||||||
17 | Subject to rules for advance wagering promulgated by the | ||||||
18 | Board, any
licensee
may accept wagers in advance of the day of
| ||||||
19 | the race wagered upon occurs.
| ||||||
20 | (b) Except for those gaming activities for which a license | ||||||
21 | is obtained and authorized under the Illinois Lottery Law, the | ||||||
22 | Charitable Games Act, the Raffles and Poker Runs Act, or the | ||||||
23 | Illinois Gambling Act, no other method of betting, pool | ||||||
24 | making, wagering or
gambling shall be used or permitted by the |
| |||||||
| |||||||
1 | licensee. Each licensee
may retain, subject to the payment of | ||||||
2 | all applicable
taxes and purses, an amount not to exceed 17% of | ||||||
3 | all money wagered
under subsection (a) of this Section, except | ||||||
4 | as may otherwise be permitted
under this Act.
| ||||||
5 | (b-5) An individual may place a wager under the | ||||||
6 | pari-mutuel system from
any licensed location authorized under | ||||||
7 | this Act provided that wager is
electronically recorded in the | ||||||
8 | manner described in Section 3.12 of this Act.
Any wager made | ||||||
9 | electronically by an individual while physically on the | ||||||
10 | premises
of a licensee shall be deemed to have been made at the | ||||||
11 | premises of that
licensee.
| ||||||
12 | (c) (Blank).
| ||||||
13 | (c-5) The sum held by any licensee for payment
of
| ||||||
14 | outstanding pari-mutuel tickets, if unclaimed prior to | ||||||
15 | December 31 of the
next year, shall be retained by the licensee | ||||||
16 | for payment of
such tickets until that date. Within 10 days | ||||||
17 | thereafter, the balance of
such sum remaining unclaimed, less | ||||||
18 | any uncashed supplements contributed by such
licensee for the | ||||||
19 | purpose of guaranteeing minimum distributions
of any | ||||||
20 | pari-mutuel pool, shall be evenly distributed to the purse | ||||||
21 | account of
the organization licensee and the organization | ||||||
22 | licensee, except that the balance of the sum of all | ||||||
23 | outstanding pari-mutuel tickets generated from simulcast | ||||||
24 | wagering and inter-track wagering by an organization licensee | ||||||
25 | located in a county with a population in excess of 230,000 and | ||||||
26 | borders the Mississippi River or any licensee that derives its |
| |||||||
| |||||||
1 | license from that organization licensee shall be evenly | ||||||
2 | distributed to the purse account of the organization licensee | ||||||
3 | and the organization licensee.
| ||||||
4 | (d) A pari-mutuel ticket shall be honored until December | ||||||
5 | 31 of the
next calendar year, and the licensee shall pay the | ||||||
6 | same and may
charge the amount thereof against unpaid money | ||||||
7 | similarly accumulated on account
of pari-mutuel tickets not | ||||||
8 | presented for payment.
| ||||||
9 | (e) No licensee shall knowingly permit any minor, other
| ||||||
10 | than an employee of such licensee or an owner, trainer,
| ||||||
11 | jockey, driver, or employee thereof, to be admitted during a | ||||||
12 | racing
program unless accompanied by a parent or guardian, or | ||||||
13 | any minor to be a
patron of the pari-mutuel system of wagering | ||||||
14 | conducted or
supervised by it. The admission of any | ||||||
15 | unaccompanied minor, other than
an employee of the licensee or | ||||||
16 | an owner, trainer, jockey,
driver, or employee thereof at a | ||||||
17 | race track is a Class C
misdemeanor.
| ||||||
18 | (f) Notwithstanding the other provisions of this Act, an
| ||||||
19 | organization licensee may contract
with an entity in another | ||||||
20 | state or country to permit any legal
wagering entity in | ||||||
21 | another state or country to accept wagers solely within
such | ||||||
22 | other state or country on races conducted by the organization | ||||||
23 | licensee
in this State.
Beginning January 1, 2000, these | ||||||
24 | wagers
shall not be subject to State
taxation. Until January | ||||||
25 | 1, 2000,
when the out-of-State entity conducts a pari-mutuel | ||||||
26 | pool
separate from the organization licensee, a privilege tax |
| |||||||
| |||||||
1 | equal to 7 1/2% of
all monies received by the organization | ||||||
2 | licensee from entities in other states
or countries pursuant | ||||||
3 | to such contracts is imposed on the organization
licensee, and | ||||||
4 | such privilege tax shall be remitted to the
Department of | ||||||
5 | Revenue
within 48 hours of receipt of the moneys from the | ||||||
6 | simulcast. When the
out-of-State entity conducts a
combined | ||||||
7 | pari-mutuel pool with the organization licensee, the tax shall | ||||||
8 | be 10%
of all monies received by the organization licensee | ||||||
9 | with 25% of the
receipts from this 10% tax to be distributed to | ||||||
10 | the county
in which the race was conducted.
| ||||||
11 | An organization licensee may permit one or more of its | ||||||
12 | races to be
utilized for
pari-mutuel wagering at one or more | ||||||
13 | locations in other states and may
transmit audio and visual | ||||||
14 | signals of races the organization licensee
conducts to one or
| ||||||
15 | more locations outside the State or country and may also | ||||||
16 | permit pari-mutuel
pools in other states or countries to be | ||||||
17 | combined with its gross or net
wagering pools or with wagering | ||||||
18 | pools established by other states.
| ||||||
19 | (g) A host track may accept interstate simulcast wagers on
| ||||||
20 | horse
races conducted in other states or countries and shall | ||||||
21 | control the
number of signals and types of breeds of racing in | ||||||
22 | its simulcast program,
subject to the disapproval of the | ||||||
23 | Board. The Board may prohibit a simulcast
program only if it | ||||||
24 | finds that the simulcast program is clearly
adverse to the | ||||||
25 | integrity of racing. The host track
simulcast program shall
| ||||||
26 | include the signal of live racing of all organization |
| |||||||
| |||||||
1 | licensees.
All non-host licensees and advance deposit wagering | ||||||
2 | licensees shall carry the signal of and accept wagers on live | ||||||
3 | racing of all organization licensees. Advance deposit wagering | ||||||
4 | licensees shall not be permitted to accept out-of-state wagers | ||||||
5 | on any Illinois signal provided pursuant to this Section | ||||||
6 | without the approval and consent of the organization licensee | ||||||
7 | providing the signal. For one year after August 15, 2014 (the | ||||||
8 | effective date of Public Act 98-968), non-host licensees may | ||||||
9 | carry the host track simulcast program and
shall accept wagers | ||||||
10 | on all races included as part of the simulcast
program of horse | ||||||
11 | races conducted at race tracks located within North America | ||||||
12 | upon which wagering is permitted. For a period of one year | ||||||
13 | after August 15, 2014 (the effective date of Public Act | ||||||
14 | 98-968), on horse races conducted at race tracks located | ||||||
15 | outside of North America, non-host licensees may accept wagers | ||||||
16 | on all races included as part of the simulcast program upon | ||||||
17 | which wagering is permitted. Beginning August 15, 2015 (one | ||||||
18 | year after the effective date of Public Act 98-968), non-host | ||||||
19 | licensees may carry the host track simulcast program and shall | ||||||
20 | accept wagers on all races included as part of the simulcast | ||||||
21 | program upon which wagering is permitted.
All organization | ||||||
22 | licensees shall provide their live signal to all advance | ||||||
23 | deposit wagering licensees for a simulcast commission fee not | ||||||
24 | to exceed 6% of the advance deposit wagering licensee's | ||||||
25 | Illinois handle on the organization licensee's signal without | ||||||
26 | prior approval by the Board. The Board may adopt rules under |
| |||||||
| |||||||
1 | which it may permit simulcast commission fees in excess of 6%. | ||||||
2 | The Board shall adopt rules limiting the interstate commission | ||||||
3 | fees charged to an advance deposit wagering licensee. The | ||||||
4 | Board shall adopt rules regarding advance deposit wagering on | ||||||
5 | interstate simulcast races that shall reflect, among other | ||||||
6 | things, the General Assembly's desire to maximize revenues to | ||||||
7 | the State, horsemen purses, and organization licensees. | ||||||
8 | However, organization licensees providing live signals | ||||||
9 | pursuant to the requirements of this subsection (g) may | ||||||
10 | petition the Board to withhold their live signals from an | ||||||
11 | advance deposit wagering licensee if the organization licensee | ||||||
12 | discovers and the Board finds reputable or credible | ||||||
13 | information that the advance deposit wagering licensee is | ||||||
14 | under investigation by another state or federal governmental | ||||||
15 | agency, the advance deposit wagering licensee's license has | ||||||
16 | been suspended in another state, or the advance deposit | ||||||
17 | wagering licensee's license is in revocation proceedings in | ||||||
18 | another state. The organization licensee's provision of their | ||||||
19 | live signal to an advance deposit wagering licensee under this | ||||||
20 | subsection (g) pertains to wagers placed from within Illinois. | ||||||
21 | Advance deposit wagering licensees may place advance deposit | ||||||
22 | wagering terminals at wagering facilities as a convenience to | ||||||
23 | customers. The advance deposit wagering licensee shall not | ||||||
24 | charge or collect any fee from purses for the placement of the | ||||||
25 | advance deposit wagering terminals. The costs and expenses
of | ||||||
26 | the host track and non-host licensees associated
with |
| |||||||
| |||||||
1 | interstate simulcast
wagering, other than the interstate
| ||||||
2 | commission fee, shall be borne by the host track and all
| ||||||
3 | non-host licensees
incurring these costs.
The interstate | ||||||
4 | commission fee shall not exceed 5% of Illinois handle on the
| ||||||
5 | interstate simulcast race or races without prior approval of | ||||||
6 | the Board. The
Board shall promulgate rules under which it may | ||||||
7 | permit
interstate commission
fees in excess of 5%. The | ||||||
8 | interstate commission
fee and other fees charged by the | ||||||
9 | sending racetrack, including, but not
limited to, satellite | ||||||
10 | decoder fees, shall be uniformly applied
to the host track and | ||||||
11 | all non-host licensees.
| ||||||
12 | Notwithstanding any other provision of this Act, an | ||||||
13 | organization licensee, with the consent of the horsemen | ||||||
14 | association representing the largest number of owners, | ||||||
15 | trainers, jockeys, or standardbred drivers who race horses at | ||||||
16 | that organization licensee's racing meeting, may maintain a | ||||||
17 | system whereby advance deposit wagering may take place or an | ||||||
18 | organization licensee, with the consent of the horsemen | ||||||
19 | association representing the largest number of owners, | ||||||
20 | trainers, jockeys, or standardbred drivers who race horses at | ||||||
21 | that organization licensee's racing meeting, may contract with | ||||||
22 | another person to carry out a system of advance deposit | ||||||
23 | wagering. Such consent may not be unreasonably withheld. Only | ||||||
24 | with respect to an appeal to the Board that consent for an | ||||||
25 | organization licensee that maintains its own advance deposit | ||||||
26 | wagering system is being unreasonably withheld, the Board |
| |||||||
| |||||||
1 | shall issue a final order within 30 days after initiation of | ||||||
2 | the appeal, and the organization licensee's advance deposit | ||||||
3 | wagering system may remain operational during that 30-day | ||||||
4 | period. The actions of any organization licensee who conducts | ||||||
5 | advance deposit wagering or any person who has a contract with | ||||||
6 | an organization licensee to conduct advance deposit wagering | ||||||
7 | who conducts advance deposit wagering on or after January 1, | ||||||
8 | 2013 and prior to June 7, 2013 (the effective date of Public | ||||||
9 | Act 98-18) taken in reliance on the changes made to this | ||||||
10 | subsection (g) by Public Act 98-18 are hereby validated, | ||||||
11 | provided payment of all applicable pari-mutuel taxes are | ||||||
12 | remitted to the Board. All advance deposit wagers placed from | ||||||
13 | within Illinois must be placed through a Board-approved | ||||||
14 | advance deposit wagering licensee; no other entity may accept | ||||||
15 | an advance deposit wager from a person within Illinois. All | ||||||
16 | advance deposit wagering is subject to any rules adopted by | ||||||
17 | the Board. The Board may adopt rules necessary to regulate | ||||||
18 | advance deposit wagering through the use of emergency | ||||||
19 | rulemaking in accordance with Section 5-45 of the Illinois | ||||||
20 | Administrative Procedure Act. The General Assembly finds that | ||||||
21 | the adoption of rules to regulate advance deposit wagering is | ||||||
22 | deemed an emergency and necessary for the public interest, | ||||||
23 | safety, and welfare. An advance deposit wagering licensee may | ||||||
24 | retain all moneys as agreed to by contract with an | ||||||
25 | organization licensee. Any moneys retained by the organization | ||||||
26 | licensee from advance deposit wagering, not including moneys |
| |||||||
| |||||||
1 | retained by the advance deposit wagering licensee, shall be | ||||||
2 | paid 50% to the organization licensee's purse account and 50% | ||||||
3 | to the organization licensee. With the exception of any | ||||||
4 | organization licensee that is owned by a publicly traded | ||||||
5 | company that is incorporated in a state other than Illinois | ||||||
6 | and advance deposit wagering licensees under contract with | ||||||
7 | such organization licensees, organization licensees that | ||||||
8 | maintain advance deposit wagering systems and advance deposit | ||||||
9 | wagering licensees that contract with organization licensees | ||||||
10 | shall provide sufficiently detailed monthly accountings to the | ||||||
11 | horsemen association representing the largest number of | ||||||
12 | owners, trainers, jockeys, or standardbred drivers who race | ||||||
13 | horses at that organization licensee's racing meeting so that | ||||||
14 | the horsemen association, as an interested party, can confirm | ||||||
15 | the accuracy of the amounts paid to the purse account at the | ||||||
16 | horsemen association's affiliated organization licensee from | ||||||
17 | advance deposit wagering. If more than one breed races at the | ||||||
18 | same race track facility, then the 50% of the moneys to be paid | ||||||
19 | to an organization licensee's purse account shall be allocated | ||||||
20 | among all organization licensees' purse accounts operating at | ||||||
21 | that race track facility proportionately based on the actual | ||||||
22 | number of host days that the Board grants to that breed at that | ||||||
23 | race track facility in the current calendar year. To the | ||||||
24 | extent any fees from advance deposit wagering conducted in | ||||||
25 | Illinois for wagers in Illinois or other states have been | ||||||
26 | placed in escrow or otherwise withheld from wagers pending a |
| |||||||
| |||||||
1 | determination of the legality of advance deposit wagering, no | ||||||
2 | action shall be brought to declare such wagers or the | ||||||
3 | disbursement of any fees previously escrowed illegal. | ||||||
4 | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
| ||||||
5 | inter-track wagering
licensee other than the host track | ||||||
6 | may supplement the host track simulcast
program with | ||||||
7 | additional simulcast races or race programs, provided that | ||||||
8 | between
January 1 and the third Friday in February of any | ||||||
9 | year, inclusive, if no live
thoroughbred racing is | ||||||
10 | occurring in Illinois during this period, only
| ||||||
11 | thoroughbred races may be used
for supplemental interstate | ||||||
12 | simulcast purposes. The Board shall withhold
approval for | ||||||
13 | a supplemental interstate simulcast only if it finds that | ||||||
14 | the
simulcast is clearly adverse to the integrity of | ||||||
15 | racing. A supplemental
interstate simulcast may be | ||||||
16 | transmitted from an inter-track wagering licensee to
its | ||||||
17 | affiliated non-host licensees. The interstate commission | ||||||
18 | fee for a
supplemental interstate simulcast shall be paid | ||||||
19 | by the non-host licensee and
its affiliated non-host | ||||||
20 | licensees receiving the simulcast.
| ||||||
21 | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
| ||||||
22 | inter-track wagering
licensee other than the host track | ||||||
23 | may receive supplemental interstate
simulcasts only with | ||||||
24 | the consent of the host track, except when the Board
finds | ||||||
25 | that the simulcast is
clearly adverse to the integrity of | ||||||
26 | racing. Consent granted under this
paragraph (2) to any |
| |||||||
| |||||||
1 | inter-track wagering licensee shall be deemed consent to
| ||||||
2 | all non-host licensees. The interstate commission fee for | ||||||
3 | the supplemental
interstate simulcast shall be paid
by all | ||||||
4 | participating non-host licensees.
| ||||||
5 | (3) Each licensee conducting interstate simulcast | ||||||
6 | wagering may retain,
subject to the payment of all | ||||||
7 | applicable taxes and the purses, an amount not to
exceed | ||||||
8 | 17% of all money wagered. If any licensee conducts the | ||||||
9 | pari-mutuel
system wagering on races conducted at | ||||||
10 | racetracks in another state or country,
each such race or | ||||||
11 | race program shall be considered a separate racing day for
| ||||||
12 | the purpose of determining the daily handle and computing | ||||||
13 | the privilege tax of
that daily handle as provided in | ||||||
14 | subsection (a) of Section 27.
Until January 1, 2000,
from | ||||||
15 | the sums permitted to be retained pursuant to this | ||||||
16 | subsection, each
inter-track wagering location licensee | ||||||
17 | shall pay 1% of the pari-mutuel handle
wagered on | ||||||
18 | simulcast wagering to the Horse Racing Tax Allocation | ||||||
19 | Fund, subject
to the provisions of subparagraph (B) of | ||||||
20 | paragraph (11) of subsection (h) of
Section 26 of this | ||||||
21 | Act.
| ||||||
22 | (4) A licensee who receives an interstate simulcast | ||||||
23 | may combine its gross
or net pools with pools at the | ||||||
24 | sending racetracks pursuant to rules established
by the | ||||||
25 | Board. All licensees combining their gross pools
at a
| ||||||
26 | sending racetrack shall adopt the takeout percentages of |
| |||||||
| |||||||
1 | the sending
racetrack.
A licensee may also establish a | ||||||
2 | separate pool and takeout structure for
wagering purposes | ||||||
3 | on races conducted at race tracks outside of the
State of | ||||||
4 | Illinois. The licensee may permit pari-mutuel wagers | ||||||
5 | placed in other
states or
countries to be combined with | ||||||
6 | its gross or net wagering pools or other
wagering pools.
| ||||||
7 | (5) After the payment of the interstate commission fee | ||||||
8 | (except for the
interstate commission
fee on a | ||||||
9 | supplemental interstate simulcast, which shall be paid by | ||||||
10 | the host
track and by each non-host licensee through the | ||||||
11 | host track) and all applicable
State and local
taxes, | ||||||
12 | except as provided in subsection (g) of Section 27 of this | ||||||
13 | Act, the
remainder of moneys retained from simulcast | ||||||
14 | wagering pursuant to this
subsection (g), and Section 26.2 | ||||||
15 | shall be divided as follows:
| ||||||
16 | (A) For interstate simulcast wagers made at a host | ||||||
17 | track, 50% to the
host
track and 50% to purses at the | ||||||
18 | host track.
| ||||||
19 | (B) For wagers placed on interstate simulcast | ||||||
20 | races, supplemental
simulcasts as defined in | ||||||
21 | subparagraphs (1) and (2), and separately pooled races
| ||||||
22 | conducted outside of the State of Illinois made at a | ||||||
23 | non-host
licensee, 25% to the host
track, 25% to the | ||||||
24 | non-host licensee, and 50% to the purses at the host | ||||||
25 | track.
| ||||||
26 | (6) Notwithstanding any provision in this Act to the |
| |||||||
| |||||||
1 | contrary, non-host
licensees
who derive their licenses | ||||||
2 | from a track located in a county with a population in
| ||||||
3 | excess of 230,000 and that borders the Mississippi River | ||||||
4 | may receive
supplemental interstate simulcast races at all | ||||||
5 | times subject to Board approval,
which shall be withheld | ||||||
6 | only upon a finding that a supplemental interstate
| ||||||
7 | simulcast is clearly adverse to the integrity of racing.
| ||||||
8 | (7) Effective January 1, 2017, notwithstanding any | ||||||
9 | provision of this Act to the contrary, after
payment of | ||||||
10 | all applicable State and local taxes and interstate | ||||||
11 | commission fees,
non-host licensees who derive their | ||||||
12 | licenses from a track located in a county
with a | ||||||
13 | population in excess of 230,000 and that borders the | ||||||
14 | Mississippi River
shall retain 50% of the retention from | ||||||
15 | interstate simulcast wagers and shall
pay 50% to purses at | ||||||
16 | the track from which the non-host licensee derives its
| ||||||
17 | license.
| ||||||
18 | (7.1) Notwithstanding any other provision of this Act | ||||||
19 | to the contrary,
if
no
standardbred racing is conducted at | ||||||
20 | a racetrack located in Madison County
during any
calendar | ||||||
21 | year beginning on or after January 1, 2002, all
moneys | ||||||
22 | derived by
that racetrack from simulcast wagering and | ||||||
23 | inter-track wagering that (1) are to
be used
for purses | ||||||
24 | and (2) are generated between the hours of 6:30 p.m. and | ||||||
25 | 6:30 a.m.
during that
calendar year shall
be paid as | ||||||
26 | follows:
|
| |||||||
| |||||||
1 | (A) If the licensee that conducts horse racing at | ||||||
2 | that racetrack
requests from the Board at least as | ||||||
3 | many racing dates as were conducted in
calendar year | ||||||
4 | 2000, 80% shall be paid to its thoroughbred purse | ||||||
5 | account; and
| ||||||
6 | (B) Twenty percent shall be deposited into the | ||||||
7 | Illinois Colt Stakes
Purse
Distribution
Fund and shall | ||||||
8 | be paid to purses for standardbred races for Illinois | ||||||
9 | conceived
and foaled horses conducted at any county | ||||||
10 | fairgrounds.
The moneys deposited into the Fund | ||||||
11 | pursuant to this subparagraph (B) shall be
deposited
| ||||||
12 | within 2
weeks after the day they were generated, | ||||||
13 | shall be in addition to and not in
lieu of any other
| ||||||
14 | moneys paid to standardbred purses under this Act, and | ||||||
15 | shall not be commingled
with other moneys paid into | ||||||
16 | that Fund. The moneys deposited
pursuant to this | ||||||
17 | subparagraph (B) shall be allocated as provided by the
| ||||||
18 | Department of Agriculture, with the advice and | ||||||
19 | assistance of the Illinois
Standardbred
Breeders Fund | ||||||
20 | Advisory Board.
| ||||||
21 | (7.2) Notwithstanding any other provision of this Act | ||||||
22 | to the contrary, if
no
thoroughbred racing is conducted at | ||||||
23 | a racetrack located in Madison County
during any
calendar | ||||||
24 | year beginning on or after January 1,
2002, all
moneys | ||||||
25 | derived by
that racetrack from simulcast wagering and | ||||||
26 | inter-track wagering that (1) are to
be used
for purses |
| |||||||
| |||||||
1 | and (2) are generated between the hours of 6:30 a.m. and | ||||||
2 | 6:30 p.m.
during that
calendar year shall
be deposited as | ||||||
3 | follows:
| ||||||
4 | (A) If the licensee that conducts horse racing at | ||||||
5 | that racetrack
requests from the
Board at least
as | ||||||
6 | many racing dates as were conducted in calendar year | ||||||
7 | 2000, 80%
shall be deposited into its standardbred | ||||||
8 | purse
account; and
| ||||||
9 | (B) Twenty percent shall be deposited into the | ||||||
10 | Illinois Colt Stakes
Purse
Distribution Fund. Moneys | ||||||
11 | deposited into the Illinois Colt Stakes Purse
| ||||||
12 | Distribution Fund
pursuant to this subparagraph (B) | ||||||
13 | shall be paid to Illinois
conceived and foaled | ||||||
14 | thoroughbred breeders' programs
and to thoroughbred | ||||||
15 | purses for races conducted at any county fairgrounds | ||||||
16 | for
Illinois conceived
and foaled horses at the | ||||||
17 | discretion of the
Department of Agriculture, with the | ||||||
18 | advice and assistance of
the Illinois Thoroughbred | ||||||
19 | Breeders Fund Advisory
Board. The moneys deposited | ||||||
20 | into the Illinois Colt Stakes Purse Distribution
Fund
| ||||||
21 | pursuant to this subparagraph (B) shall be deposited | ||||||
22 | within 2 weeks
after the day they were generated, | ||||||
23 | shall be in addition to and not in
lieu of any other | ||||||
24 | moneys paid to thoroughbred purses
under this Act, and | ||||||
25 | shall not be commingled with other moneys deposited | ||||||
26 | into
that Fund.
|
| |||||||
| |||||||
1 | (8) Notwithstanding any provision in this Act to the | ||||||
2 | contrary, an
organization licensee from a track located in | ||||||
3 | a county with a population in
excess of 230,000 and that | ||||||
4 | borders the Mississippi River and its affiliated
non-host | ||||||
5 | licensees shall not be entitled to share in any retention | ||||||
6 | generated on
racing, inter-track wagering, or simulcast | ||||||
7 | wagering at any other Illinois
wagering facility.
| ||||||
8 | (8.1) Notwithstanding any provisions in this Act to | ||||||
9 | the contrary, if 2
organization licensees
are conducting | ||||||
10 | standardbred race meetings concurrently
between the hours | ||||||
11 | of 6:30 p.m. and 6:30 a.m., after payment of all | ||||||
12 | applicable
State and local taxes and interstate commission | ||||||
13 | fees, the remainder of the
amount retained from simulcast | ||||||
14 | wagering otherwise attributable to the host
track and to | ||||||
15 | host track purses shall be split daily between the 2
| ||||||
16 | organization licensees and the purses at the tracks of the | ||||||
17 | 2 organization
licensees, respectively, based on each | ||||||
18 | organization licensee's share
of the total live handle for | ||||||
19 | that day,
provided that this provision shall not apply to | ||||||
20 | any non-host licensee that
derives its license from a | ||||||
21 | track located in a county with a population in
excess of | ||||||
22 | 230,000 and that borders the Mississippi River.
| ||||||
23 | (9) (Blank).
| ||||||
24 | (10) (Blank).
| ||||||
25 | (11) (Blank).
| ||||||
26 | (12) The Board shall have authority to compel all host |
| |||||||
| |||||||
1 | tracks to receive
the simulcast of any or all races | ||||||
2 | conducted at the Springfield or DuQuoin State
fairgrounds | ||||||
3 | and include all such races as part of their simulcast | ||||||
4 | programs.
| ||||||
5 | (13) Notwithstanding any other provision of this Act, | ||||||
6 | in the event that
the total Illinois pari-mutuel handle on | ||||||
7 | Illinois horse races at all wagering
facilities in any | ||||||
8 | calendar year is less than 75% of the total Illinois
| ||||||
9 | pari-mutuel handle on Illinois horse races at all such | ||||||
10 | wagering facilities for
calendar year 1994, then each | ||||||
11 | wagering facility that has an annual total
Illinois | ||||||
12 | pari-mutuel handle on Illinois horse races that is less | ||||||
13 | than 75% of
the total Illinois pari-mutuel handle on | ||||||
14 | Illinois horse races at such wagering
facility for | ||||||
15 | calendar year 1994, shall be permitted to receive, from | ||||||
16 | any amount
otherwise
payable to the purse account at the | ||||||
17 | race track with which the wagering facility
is affiliated | ||||||
18 | in the succeeding calendar year, an amount equal to 2% of | ||||||
19 | the
differential in total Illinois pari-mutuel handle on | ||||||
20 | Illinois horse
races at the wagering facility between that | ||||||
21 | calendar year in question and 1994
provided, however, that | ||||||
22 | a
wagering facility shall not be entitled to any such | ||||||
23 | payment until the Board
certifies in writing to the | ||||||
24 | wagering facility the amount to which the wagering
| ||||||
25 | facility is entitled
and a schedule for payment of the | ||||||
26 | amount to the wagering facility, based on:
(i) the racing |
| |||||||
| |||||||
1 | dates awarded to the race track affiliated with the | ||||||
2 | wagering
facility during the succeeding year; (ii) the | ||||||
3 | sums available or anticipated to
be available in the purse | ||||||
4 | account of the race track affiliated with the
wagering | ||||||
5 | facility for purses during the succeeding year; and (iii) | ||||||
6 | the need to
ensure reasonable purse levels during the | ||||||
7 | payment period.
The Board's certification
shall be | ||||||
8 | provided no later than January 31 of the succeeding year.
| ||||||
9 | In the event a wagering facility entitled to a payment | ||||||
10 | under this paragraph
(13) is affiliated with a race track | ||||||
11 | that maintains purse accounts for both
standardbred and | ||||||
12 | thoroughbred racing, the amount to be paid to the wagering
| ||||||
13 | facility shall be divided between each purse account pro | ||||||
14 | rata, based on the
amount of Illinois handle on Illinois | ||||||
15 | standardbred and thoroughbred racing
respectively at the | ||||||
16 | wagering facility during the previous calendar year.
| ||||||
17 | Annually, the General Assembly shall appropriate | ||||||
18 | sufficient funds from the
General Revenue Fund to the | ||||||
19 | Department of Agriculture for payment into the
| ||||||
20 | thoroughbred and standardbred horse racing purse accounts | ||||||
21 | at
Illinois pari-mutuel tracks. The amount paid to each | ||||||
22 | purse account shall be
the amount certified by the | ||||||
23 | Illinois Racing Board in January to be
transferred from | ||||||
24 | each account to each eligible racing facility in
| ||||||
25 | accordance with the provisions of this Section. Beginning | ||||||
26 | in the calendar year in which an organization licensee |
| |||||||
| |||||||
1 | that is eligible to receive payment under this paragraph | ||||||
2 | (13) begins to receive funds from gaming pursuant to an | ||||||
3 | organization gaming license issued under the Illinois | ||||||
4 | Gambling Act, the amount of the payment due to all | ||||||
5 | wagering facilities licensed under that organization | ||||||
6 | licensee under this paragraph (13) shall be the amount | ||||||
7 | certified by the Board in January of that year. An | ||||||
8 | organization licensee and its related wagering facilities | ||||||
9 | shall no longer be able to receive payments under this | ||||||
10 | paragraph (13) beginning in the year subsequent to the | ||||||
11 | first year in which the organization licensee begins to | ||||||
12 | receive funds from gaming pursuant to an organization | ||||||
13 | gaming license issued under the Illinois Gambling Act.
| ||||||
14 | (h) The Board may approve and license the conduct of | ||||||
15 | inter-track wagering
and simulcast wagering by inter-track | ||||||
16 | wagering licensees and inter-track
wagering location licensees | ||||||
17 | subject to the following terms and conditions:
| ||||||
18 | (1) Any person licensed to conduct a race meeting (i) | ||||||
19 | at a track where
60 or more days of racing were conducted | ||||||
20 | during the immediately preceding
calendar year or where | ||||||
21 | over the 5 immediately preceding calendar years an
average | ||||||
22 | of 30 or more days of racing were conducted annually may be | ||||||
23 | issued an
inter-track wagering license; (ii) at a track
| ||||||
24 | located in a county that is bounded by the Mississippi | ||||||
25 | River, which has a
population of less than 150,000 | ||||||
26 | according to the 1990 decennial census, and an
average of |
| |||||||
| |||||||
1 | at least 60 days of racing per year between 1985 and 1993 | ||||||
2 | may be
issued an inter-track wagering license; (iii) at a | ||||||
3 | track awarded standardbred racing dates; or (iv) at a | ||||||
4 | track
located in Madison
County that conducted at least | ||||||
5 | 100 days of live racing during the immediately
preceding
| ||||||
6 | calendar year may be issued an inter-track wagering | ||||||
7 | license, unless a lesser
schedule of
live racing is the | ||||||
8 | result of (A) weather, unsafe track conditions, or other
| ||||||
9 | acts of God; (B)
an agreement between the organization | ||||||
10 | licensee and the associations
representing the
largest | ||||||
11 | number of owners, trainers, jockeys, or standardbred | ||||||
12 | drivers who race
horses at
that organization licensee's | ||||||
13 | racing meeting; or (C) a finding by the Board of
| ||||||
14 | extraordinary circumstances and that it was in the best | ||||||
15 | interest of the public
and the sport to conduct fewer than | ||||||
16 | 100 days of live racing. Any such person
having operating | ||||||
17 | control of the racing facility may receive
inter-track | ||||||
18 | wagering
location licenses. An
eligible race track located | ||||||
19 | in a county that has a population of more than
230,000 and | ||||||
20 | that is bounded by the Mississippi River may establish up | ||||||
21 | to 9
inter-track wagering locations, an eligible race | ||||||
22 | track located in Stickney Township in Cook County may | ||||||
23 | establish up to 16 inter-track wagering locations, and an | ||||||
24 | eligible race track located in Palatine Township in Cook | ||||||
25 | County may establish up to 18 inter-track wagering | ||||||
26 | locations. An eligible racetrack conducting standardbred |
| |||||||
| |||||||
1 | racing may have up to 16 inter-track wagering locations.
| ||||||
2 | An application for
said license shall be filed with the | ||||||
3 | Board prior to such dates as may be
fixed by the Board. | ||||||
4 | With an application for an inter-track
wagering
location | ||||||
5 | license there shall be delivered to the Board a certified | ||||||
6 | check or
bank draft payable to the order of the Board for | ||||||
7 | an amount equal to $500.
The application shall be on forms | ||||||
8 | prescribed and furnished by the Board. The
application | ||||||
9 | shall comply with all other rules,
regulations and | ||||||
10 | conditions imposed by the Board in connection therewith.
| ||||||
11 | (2) The Board shall examine the applications with | ||||||
12 | respect to their
conformity with this Act and the rules | ||||||
13 | and regulations imposed by the
Board. If found to be in | ||||||
14 | compliance with the Act and rules and regulations
of the | ||||||
15 | Board, the Board may then issue a license to conduct | ||||||
16 | inter-track
wagering and simulcast wagering to such | ||||||
17 | applicant. All such applications
shall be acted upon by | ||||||
18 | the Board at a meeting to be held on such date as may be
| ||||||
19 | fixed by the Board.
| ||||||
20 | (3) In granting licenses to conduct inter-track | ||||||
21 | wagering and simulcast
wagering, the Board shall give due | ||||||
22 | consideration to
the best interests of the
public, of | ||||||
23 | horse racing, and of maximizing revenue to the State.
| ||||||
24 | (4) Prior to the issuance of a license to conduct | ||||||
25 | inter-track wagering
and simulcast wagering,
the applicant | ||||||
26 | shall file with the Board a bond payable to the State of |
| |||||||
| |||||||
1 | Illinois
in the sum of $50,000, executed by the applicant | ||||||
2 | and a surety company or
companies authorized to do | ||||||
3 | business in this State, and conditioned upon
(i) the | ||||||
4 | payment by the licensee of all taxes due under Section 27 | ||||||
5 | or 27.1
and any other monies due and payable under this | ||||||
6 | Act, and (ii)
distribution by the licensee, upon | ||||||
7 | presentation of the winning ticket or
tickets, of all sums | ||||||
8 | payable to the patrons of pari-mutuel pools.
| ||||||
9 | (5) Each license to conduct inter-track wagering and | ||||||
10 | simulcast
wagering shall specify the person
to whom it is | ||||||
11 | issued, the dates on which such wagering is permitted, and
| ||||||
12 | the track or location where the wagering is to be | ||||||
13 | conducted.
| ||||||
14 | (6) All wagering under such license is subject to this | ||||||
15 | Act and to the
rules and regulations from time to time | ||||||
16 | prescribed by the Board, and every
such license issued by | ||||||
17 | the Board shall contain a recital to that effect.
| ||||||
18 | (7) An inter-track wagering licensee or inter-track | ||||||
19 | wagering location
licensee may accept wagers at the track | ||||||
20 | or location
where it is licensed, or as otherwise provided | ||||||
21 | under this Act.
| ||||||
22 | (8) Inter-track wagering or simulcast wagering shall | ||||||
23 | not be
conducted
at any track less than 4 miles from a | ||||||
24 | track at which a racing meeting is in
progress.
| ||||||
25 | (8.1) Inter-track wagering location
licensees who | ||||||
26 | derive their licenses from a particular organization |
| |||||||
| |||||||
1 | licensee
shall conduct inter-track wagering and simulcast | ||||||
2 | wagering only at locations that
are within 160 miles of | ||||||
3 | that race track
where
the particular organization licensee | ||||||
4 | is licensed to conduct racing. However, inter-track | ||||||
5 | wagering and simulcast wagering
shall not
be conducted by | ||||||
6 | those licensees at any location within 5 miles of any race
| ||||||
7 | track at which a
horse race meeting has been licensed in | ||||||
8 | the current year, unless the person
having operating | ||||||
9 | control of such race track has given its written consent
| ||||||
10 | to such inter-track wagering location licensees,
which | ||||||
11 | consent
must be filed with the Board at or prior to the | ||||||
12 | time application is made. In the case of any inter-track | ||||||
13 | wagering location licensee initially licensed after | ||||||
14 | December 31, 2013, inter-track wagering and simulcast | ||||||
15 | wagering shall not be conducted by those inter-track | ||||||
16 | wagering location licensees that are located outside the | ||||||
17 | City of Chicago at any location within 8 miles of any race | ||||||
18 | track at which a horse race meeting has been licensed in | ||||||
19 | the current year, unless the person having operating | ||||||
20 | control of such race track has given its written consent | ||||||
21 | to such inter-track wagering location licensees, which | ||||||
22 | consent must be filed with the Board at or prior to the | ||||||
23 | time application is made.
| ||||||
24 | (8.2) Inter-track wagering or simulcast wagering shall | ||||||
25 | not be
conducted by an inter-track
wagering location | ||||||
26 | licensee at any location within 100 feet of an
existing
|
| |||||||
| |||||||
1 | church, an existing elementary or secondary public school, | ||||||
2 | or an existing elementary or secondary private school | ||||||
3 | registered with or recognized by the State Board of | ||||||
4 | Education. The
distance of 100 feet shall be measured to | ||||||
5 | the nearest part of any
building
used for worship | ||||||
6 | services, education programs, or
conducting inter-track | ||||||
7 | wagering by an inter-track wagering location
licensee, and | ||||||
8 | not to property boundaries. However, inter-track wagering | ||||||
9 | or
simulcast wagering may be conducted at a site within | ||||||
10 | 100 feet of
a church or school if such church or school
has | ||||||
11 | been erected
or established after
the Board issues
the | ||||||
12 | original inter-track wagering location license at the site | ||||||
13 | in question.
Inter-track wagering location licensees may | ||||||
14 | conduct inter-track wagering
and simulcast wagering only | ||||||
15 | in areas that are zoned for
commercial or manufacturing | ||||||
16 | purposes or
in areas for which a special use has been | ||||||
17 | approved by the local zoning
authority. However, no | ||||||
18 | license to conduct inter-track wagering and simulcast
| ||||||
19 | wagering shall be
granted by the Board with respect to any | ||||||
20 | inter-track wagering location
within the jurisdiction of | ||||||
21 | any local zoning authority which has, by
ordinance or by | ||||||
22 | resolution, prohibited the establishment of an inter-track
| ||||||
23 | wagering location within its jurisdiction. However, | ||||||
24 | inter-track wagering
and simulcast wagering may be | ||||||
25 | conducted at a site if such ordinance or
resolution is | ||||||
26 | enacted after
the Board licenses the original inter-track |
| |||||||
| |||||||
1 | wagering location
licensee for the site in question.
| ||||||
2 | (9) (Blank).
| ||||||
3 | (10) An inter-track wagering licensee or an | ||||||
4 | inter-track wagering
location licensee may retain, subject | ||||||
5 | to the
payment of the privilege taxes and the purses, an | ||||||
6 | amount not to
exceed 17% of all money wagered. Each | ||||||
7 | program of racing conducted by
each inter-track wagering | ||||||
8 | licensee or inter-track wagering location
licensee shall | ||||||
9 | be considered a separate racing day for the purpose of
| ||||||
10 | determining the daily handle and computing the privilege | ||||||
11 | tax or pari-mutuel
tax on such daily
handle as provided in | ||||||
12 | Section 27.
| ||||||
13 | (10.1) Except as provided in subsection (g) of Section | ||||||
14 | 27 of this Act,
inter-track wagering location licensees | ||||||
15 | shall pay 1% of the
pari-mutuel handle at each location to | ||||||
16 | the municipality in which such
location is situated and 1% | ||||||
17 | of the pari-mutuel handle at each location to
the county | ||||||
18 | in which such location is situated. In the event that an
| ||||||
19 | inter-track wagering location licensee is situated in an | ||||||
20 | unincorporated
area of a county, such licensee shall pay | ||||||
21 | 2% of the pari-mutuel handle from
such location to such | ||||||
22 | county. Inter-track wagering location licensees must pay | ||||||
23 | the handle percentage required under this paragraph to the | ||||||
24 | municipality and county no later than the 20th of the | ||||||
25 | month following the month such handle was generated.
| ||||||
26 | (10.2) Notwithstanding any other provision of this |
| |||||||
| |||||||
1 | Act, with respect to inter-track
wagering at a race track | ||||||
2 | located in a
county that has a population of
more than | ||||||
3 | 230,000 and that is bounded by the Mississippi River ("the | ||||||
4 | first race
track"), or at a facility operated by an | ||||||
5 | inter-track wagering licensee or
inter-track wagering | ||||||
6 | location licensee that derives its license from the
| ||||||
7 | organization licensee that operates the first race track, | ||||||
8 | on races conducted at
the first race track or on races | ||||||
9 | conducted at another Illinois race track
and | ||||||
10 | simultaneously televised to the first race track or to a | ||||||
11 | facility operated
by an inter-track wagering licensee or | ||||||
12 | inter-track wagering location licensee
that derives its | ||||||
13 | license from the organization licensee that operates the | ||||||
14 | first
race track, those moneys shall be allocated as | ||||||
15 | follows:
| ||||||
16 | (A) That portion of all moneys wagered on | ||||||
17 | standardbred racing that is
required under this Act to | ||||||
18 | be paid to purses shall be paid to purses for
| ||||||
19 | standardbred races.
| ||||||
20 | (B) That portion of all moneys wagered on | ||||||
21 | thoroughbred racing
that is required under this Act to | ||||||
22 | be paid to purses shall be paid to purses
for | ||||||
23 | thoroughbred races.
| ||||||
24 | (11) (A) After payment of the privilege or pari-mutuel | ||||||
25 | tax, any other
applicable
taxes, and
the costs and | ||||||
26 | expenses in connection with the gathering, transmission, |
| |||||||
| |||||||
1 | and
dissemination of all data necessary to the conduct of | ||||||
2 | inter-track wagering,
the remainder of the monies retained | ||||||
3 | under either Section 26 or Section 26.2
of this Act by the | ||||||
4 | inter-track wagering licensee on inter-track wagering
| ||||||
5 | shall be allocated with 50% to be split between the
2 | ||||||
6 | participating licensees and 50% to purses, except
that an | ||||||
7 | inter-track wagering licensee that derives its
license | ||||||
8 | from a track located in a county with a population in | ||||||
9 | excess of 230,000
and that borders the Mississippi River | ||||||
10 | shall not divide any remaining
retention with the Illinois | ||||||
11 | organization licensee that provides the race or
races, and | ||||||
12 | an inter-track wagering licensee that accepts wagers on | ||||||
13 | races
conducted by an organization licensee that conducts | ||||||
14 | a race meet in a county
with a population in excess of | ||||||
15 | 230,000 and that borders the Mississippi River
shall not | ||||||
16 | divide any remaining retention with that organization | ||||||
17 | licensee.
| ||||||
18 | (B) From the
sums permitted to be retained pursuant to | ||||||
19 | this Act each inter-track wagering
location licensee shall | ||||||
20 | pay (i) the privilege or pari-mutuel tax to the
State; | ||||||
21 | (ii) 4.75% of the
pari-mutuel handle on inter-track | ||||||
22 | wagering at such location on
races as purses, except that
| ||||||
23 | an inter-track wagering location licensee that derives its | ||||||
24 | license from a
track located in a county with a population | ||||||
25 | in excess of 230,000 and that
borders the Mississippi | ||||||
26 | River shall retain all purse moneys for its own purse
|
| |||||||
| |||||||
1 | account consistent with distribution set forth in this | ||||||
2 | subsection (h), and inter-track
wagering location | ||||||
3 | licensees that accept wagers on races
conducted
by an | ||||||
4 | organization licensee located in a county with a | ||||||
5 | population in excess of
230,000 and that borders the | ||||||
6 | Mississippi River shall distribute all purse
moneys to | ||||||
7 | purses at the operating host track; (iii) until January 1, | ||||||
8 | 2000,
except as
provided in
subsection (g) of Section 27 | ||||||
9 | of this Act, 1% of the
pari-mutuel handle wagered on | ||||||
10 | inter-track wagering and simulcast wagering at
each | ||||||
11 | inter-track wagering
location licensee facility to the | ||||||
12 | Horse Racing Tax Allocation Fund, provided
that, to the | ||||||
13 | extent the total amount collected and distributed to the | ||||||
14 | Horse
Racing Tax Allocation Fund under this subsection (h) | ||||||
15 | during any calendar year
exceeds the amount collected and | ||||||
16 | distributed to the Horse Racing Tax Allocation
Fund during | ||||||
17 | calendar year 1994, that excess amount shall be | ||||||
18 | redistributed (I)
to all inter-track wagering location | ||||||
19 | licensees, based on each licensee's pro rata
share of the | ||||||
20 | total handle from inter-track wagering and simulcast
| ||||||
21 | wagering for all inter-track wagering location licensees | ||||||
22 | during the calendar
year in which this provision is | ||||||
23 | applicable; then (II) the amounts redistributed
to each | ||||||
24 | inter-track wagering location licensee as described in | ||||||
25 | subpart (I)
shall be further redistributed as provided in | ||||||
26 | subparagraph (B) of paragraph (5)
of subsection (g) of |
| |||||||
| |||||||
1 | this Section 26 provided first, that the shares of those
| ||||||
2 | amounts, which are to be redistributed to the host track | ||||||
3 | or to purses at the
host track under subparagraph (B) of | ||||||
4 | paragraph (5) of subsection (g) of this
Section 26 shall | ||||||
5 | be
redistributed based on each host track's pro rata share | ||||||
6 | of the total
inter-track
wagering and simulcast wagering | ||||||
7 | handle at all host tracks during the calendar
year in | ||||||
8 | question, and second, that any amounts redistributed as | ||||||
9 | described in
part (I) to an inter-track wagering location | ||||||
10 | licensee that accepts
wagers on races conducted by an | ||||||
11 | organization licensee that conducts a race meet
in a | ||||||
12 | county with a population in excess of 230,000 and that | ||||||
13 | borders the
Mississippi River shall be further | ||||||
14 | redistributed, effective January 1, 2017, as provided in | ||||||
15 | paragraph (7) of subsection (g) of this Section 26, with | ||||||
16 | the
portion of that
further redistribution allocated to | ||||||
17 | purses at that organization licensee to be
divided between | ||||||
18 | standardbred purses and thoroughbred purses based on the
| ||||||
19 | amounts otherwise allocated to purses at that organization | ||||||
20 | licensee during the
calendar year in question; and (iv) 8% | ||||||
21 | of the pari-mutuel handle on
inter-track wagering wagered | ||||||
22 | at
such location to satisfy all costs and expenses of | ||||||
23 | conducting its wagering. The
remainder of the monies | ||||||
24 | retained by the inter-track wagering location licensee
| ||||||
25 | shall be allocated 40% to the location licensee and 60% to | ||||||
26 | the organization
licensee which provides the Illinois |
| |||||||
| |||||||
1 | races to the location, except that an inter-track
wagering | ||||||
2 | location
licensee that derives its license from a track | ||||||
3 | located in a county with a
population in excess of 230,000 | ||||||
4 | and that borders the Mississippi River shall
not divide | ||||||
5 | any remaining retention with the organization licensee | ||||||
6 | that provides
the race or races and an inter-track | ||||||
7 | wagering location licensee that accepts
wagers on races | ||||||
8 | conducted by an organization licensee that conducts a race | ||||||
9 | meet
in a county with a population in excess of 230,000 and | ||||||
10 | that borders the
Mississippi River shall not divide any | ||||||
11 | remaining retention with the
organization licensee.
| ||||||
12 | Notwithstanding the provisions of clauses (ii) and (iv) of | ||||||
13 | this
paragraph, in the case of the additional inter-track | ||||||
14 | wagering location licenses
authorized under paragraph (1) | ||||||
15 | of this subsection (h) by Public Act 87-110, those | ||||||
16 | licensees shall pay the following amounts as purses:
| ||||||
17 | during the first 12 months the licensee is in operation, | ||||||
18 | 5.25% of
the
pari-mutuel handle wagered at the location on | ||||||
19 | races; during the second 12
months, 5.25%; during the | ||||||
20 | third 12 months, 5.75%;
during
the fourth 12 months,
| ||||||
21 | 6.25%; and during the fifth 12 months and thereafter, | ||||||
22 | 6.75%. The
following amounts shall be retained by the | ||||||
23 | licensee to satisfy all costs
and expenses of conducting | ||||||
24 | its wagering: during the first 12 months the
licensee is | ||||||
25 | in operation, 8.25% of the pari-mutuel handle wagered
at | ||||||
26 | the
location; during the second 12 months, 8.25%; during |
| |||||||
| |||||||
1 | the third 12
months, 7.75%;
during the fourth 12 months, | ||||||
2 | 7.25%; and during the fifth 12 months
and
thereafter, | ||||||
3 | 6.75%.
For additional inter-track wagering location | ||||||
4 | licensees authorized under Public Act 89-16, purses for | ||||||
5 | the first 12 months the licensee is in operation shall
be | ||||||
6 | 5.75% of the pari-mutuel wagered
at the location, purses | ||||||
7 | for the second 12 months the licensee is in operation
| ||||||
8 | shall be 6.25%, and purses
thereafter shall be 6.75%. For | ||||||
9 | additional inter-track location
licensees
authorized under | ||||||
10 | Public Act 89-16, the licensee shall be allowed to retain | ||||||
11 | to satisfy
all costs and expenses: 7.75% of the | ||||||
12 | pari-mutuel handle wagered at
the location
during its | ||||||
13 | first 12 months of operation, 7.25% during its second
12
| ||||||
14 | months of
operation, and 6.75% thereafter.
| ||||||
15 | (C) There is hereby created the Horse Racing Tax | ||||||
16 | Allocation Fund
which shall remain in existence until | ||||||
17 | December 31, 1999. Moneys
remaining in the Fund after | ||||||
18 | December 31, 1999
shall be paid into the
General Revenue | ||||||
19 | Fund. Until January 1, 2000,
all monies paid into the | ||||||
20 | Horse Racing Tax Allocation Fund pursuant to this
| ||||||
21 | paragraph (11) by inter-track wagering location licensees | ||||||
22 | located in park
districts of 500,000 population or less, | ||||||
23 | or in a municipality that is not
included within any park | ||||||
24 | district but is included within a conservation
district | ||||||
25 | and is the county seat of a county that (i) is contiguous | ||||||
26 | to the state
of Indiana and (ii) has a 1990 population of |
| |||||||
| |||||||
1 | 88,257 according to the United
States Bureau of the | ||||||
2 | Census, and operating on May 1, 1994 shall be
allocated by | ||||||
3 | appropriation as follows:
| ||||||
4 | Two-sevenths to the Department of Agriculture. | ||||||
5 | Fifty percent of
this two-sevenths shall be used to | ||||||
6 | promote the Illinois horse racing and
breeding | ||||||
7 | industry, and shall be distributed by the Department | ||||||
8 | of Agriculture
upon the advice of a 9-member committee | ||||||
9 | appointed by the Governor consisting of
the following | ||||||
10 | members: the Director of Agriculture, who shall serve | ||||||
11 | as
chairman; 2 representatives of organization | ||||||
12 | licensees conducting thoroughbred
race meetings in | ||||||
13 | this State, recommended by those licensees; 2 | ||||||
14 | representatives
of organization licensees conducting | ||||||
15 | standardbred race meetings in this State,
recommended | ||||||
16 | by those licensees; a representative of the Illinois
| ||||||
17 | Thoroughbred Breeders and Owners Foundation, | ||||||
18 | recommended by that
Foundation; a representative of | ||||||
19 | the Illinois Standardbred Owners and
Breeders | ||||||
20 | Association, recommended
by that Association; a | ||||||
21 | representative of
the Horsemen's Benevolent and | ||||||
22 | Protective Association or any successor
organization | ||||||
23 | thereto established in Illinois comprised of the | ||||||
24 | largest number of
owners and trainers, recommended by | ||||||
25 | that
Association or that successor organization; and a
| ||||||
26 | representative of the Illinois Harness Horsemen's
|
| |||||||
| |||||||
1 | Association, recommended by that Association. | ||||||
2 | Committee members shall
serve for terms of 2 years, | ||||||
3 | commencing January 1 of each even-numbered
year. If a | ||||||
4 | representative of any of the above-named entities has | ||||||
5 | not been
recommended by January 1 of any even-numbered | ||||||
6 | year, the Governor shall
appoint a committee member to | ||||||
7 | fill that position. Committee members shall
receive no | ||||||
8 | compensation for their services as members but shall | ||||||
9 | be
reimbursed for all actual and necessary expenses | ||||||
10 | and disbursements incurred
in the performance of their | ||||||
11 | official duties. The remaining 50% of this
| ||||||
12 | two-sevenths shall be distributed to county fairs for | ||||||
13 | premiums and
rehabilitation as set forth in the | ||||||
14 | Agricultural Fair Act;
| ||||||
15 | Four-sevenths to park districts or municipalities | ||||||
16 | that do not have a
park district of 500,000 population | ||||||
17 | or less for museum purposes (if an
inter-track | ||||||
18 | wagering location licensee is located in such a park | ||||||
19 | district) or
to conservation districts for museum | ||||||
20 | purposes (if an inter-track wagering
location licensee | ||||||
21 | is located in a municipality that is not included | ||||||
22 | within any
park district but is included within a | ||||||
23 | conservation district and is the county
seat of a | ||||||
24 | county that (i) is contiguous to the state of Indiana | ||||||
25 | and (ii) has a
1990 population of 88,257 according to | ||||||
26 | the United States Bureau of the Census,
except that if |
| |||||||
| |||||||
1 | the conservation district does not maintain a museum, | ||||||
2 | the monies
shall be allocated equally between the | ||||||
3 | county and the municipality in which the
inter-track | ||||||
4 | wagering location licensee is located for general | ||||||
5 | purposes) or to a
municipal recreation board for park | ||||||
6 | purposes (if an inter-track wagering
location licensee | ||||||
7 | is located in a municipality that is not included | ||||||
8 | within any
park district and park maintenance is the | ||||||
9 | function of the municipal recreation
board and the | ||||||
10 | municipality has a 1990 population of 9,302 according | ||||||
11 | to the
United States Bureau of the Census); provided | ||||||
12 | that the monies are distributed
to each park district | ||||||
13 | or conservation district or municipality that does not
| ||||||
14 | have a park district in an amount equal to | ||||||
15 | four-sevenths of the amount
collected by each | ||||||
16 | inter-track wagering location licensee within the park
| ||||||
17 | district or conservation district or municipality for | ||||||
18 | the Fund. Monies that
were paid into the Horse Racing | ||||||
19 | Tax Allocation Fund before August 9, 1991 (the | ||||||
20 | effective date
of Public Act 87-110) by an inter-track | ||||||
21 | wagering location licensee
located in a municipality | ||||||
22 | that is not included within any park district but is
| ||||||
23 | included within a conservation district as provided in | ||||||
24 | this paragraph shall, as
soon as practicable after | ||||||
25 | August 9, 1991 (the effective date of Public Act | ||||||
26 | 87-110), be
allocated and paid to that conservation |
| |||||||
| |||||||
1 | district as provided in this paragraph.
Any park | ||||||
2 | district or municipality not maintaining a museum may | ||||||
3 | deposit the
monies in the corporate fund of the park | ||||||
4 | district or municipality where the
inter-track | ||||||
5 | wagering location is located, to be used for general | ||||||
6 | purposes;
and
| ||||||
7 | One-seventh to the Agricultural Premium Fund to be | ||||||
8 | used for distribution
to agricultural home economics | ||||||
9 | extension councils in accordance with "An
Act in | ||||||
10 | relation to additional support and finances for the | ||||||
11 | Agricultural and
Home Economic Extension Councils in | ||||||
12 | the several counties of this State and
making an | ||||||
13 | appropriation therefor", approved July 24, 1967.
| ||||||
14 | Until January 1, 2000, all other
monies paid into the | ||||||
15 | Horse Racing Tax
Allocation Fund pursuant to
this | ||||||
16 | paragraph (11) shall be allocated by appropriation as | ||||||
17 | follows:
| ||||||
18 | Two-sevenths to the Department of Agriculture. | ||||||
19 | Fifty percent of this
two-sevenths shall be used to | ||||||
20 | promote the Illinois horse racing and breeding
| ||||||
21 | industry, and shall be distributed by the Department | ||||||
22 | of Agriculture upon the
advice of a 9-member committee | ||||||
23 | appointed by the Governor consisting of the
following | ||||||
24 | members: the Director of Agriculture, who shall serve | ||||||
25 | as chairman; 2
representatives of organization | ||||||
26 | licensees conducting thoroughbred race meetings
in |
| |||||||
| |||||||
1 | this State, recommended by those licensees; 2 | ||||||
2 | representatives of
organization licensees conducting | ||||||
3 | standardbred race meetings in this State,
recommended | ||||||
4 | by those licensees; a representative of the Illinois | ||||||
5 | Thoroughbred
Breeders and Owners Foundation, | ||||||
6 | recommended by that Foundation; a
representative of | ||||||
7 | the Illinois Standardbred Owners and Breeders | ||||||
8 | Association,
recommended by that Association; a | ||||||
9 | representative of the Horsemen's Benevolent
and | ||||||
10 | Protective Association or any successor organization | ||||||
11 | thereto established
in Illinois comprised of the | ||||||
12 | largest number of owners and trainers,
recommended by | ||||||
13 | that Association or that successor organization; and a
| ||||||
14 | representative of the Illinois Harness Horsemen's | ||||||
15 | Association, recommended by
that Association. | ||||||
16 | Committee members shall serve for terms of 2 years,
| ||||||
17 | commencing January 1 of each even-numbered year. If a | ||||||
18 | representative of any of
the above-named entities has | ||||||
19 | not been recommended by January 1 of any
even-numbered | ||||||
20 | year, the Governor shall appoint a committee member to | ||||||
21 | fill that
position. Committee members shall receive no | ||||||
22 | compensation for their services
as members but shall | ||||||
23 | be reimbursed for all actual and necessary expenses | ||||||
24 | and
disbursements incurred in the performance of their | ||||||
25 | official duties. The
remaining 50% of this | ||||||
26 | two-sevenths shall be distributed to county fairs for
|
| |||||||
| |||||||
1 | premiums and rehabilitation as set forth in the | ||||||
2 | Agricultural Fair Act;
| ||||||
3 | Four-sevenths to museums and aquariums located in | ||||||
4 | park districts of over
500,000 population; provided | ||||||
5 | that the monies are distributed in accordance with
the | ||||||
6 | previous year's distribution of the maintenance tax | ||||||
7 | for such museums and
aquariums as provided in Section | ||||||
8 | 2 of the Park District Aquarium and Museum
Act; and
| ||||||
9 | One-seventh to the Agricultural Premium Fund to be | ||||||
10 | used for distribution
to agricultural home economics | ||||||
11 | extension councils in accordance with "An Act
in | ||||||
12 | relation to additional support and finances for the | ||||||
13 | Agricultural and
Home Economic Extension Councils in | ||||||
14 | the several counties of this State and
making an | ||||||
15 | appropriation therefor", approved July 24, 1967.
This | ||||||
16 | subparagraph (C) shall be inoperative and of no force | ||||||
17 | and effect on and
after January 1, 2000.
| ||||||
18 | (D) Except as provided in paragraph (11) of this | ||||||
19 | subsection (h),
with respect to purse allocation from | ||||||
20 | inter-track wagering, the monies so
retained shall be | ||||||
21 | divided as follows:
| ||||||
22 | (i) If the inter-track wagering licensee, | ||||||
23 | except an inter-track
wagering licensee that | ||||||
24 | derives its license from an organization
licensee | ||||||
25 | located in a county with a population in excess of | ||||||
26 | 230,000 and bounded
by the Mississippi River, is |
| |||||||
| |||||||
1 | not conducting its own
race meeting during the | ||||||
2 | same dates, then the entire purse allocation shall | ||||||
3 | be
to purses at the track where the races wagered | ||||||
4 | on are being conducted.
| ||||||
5 | (ii) If the inter-track wagering licensee, | ||||||
6 | except an inter-track
wagering licensee that | ||||||
7 | derives its license from an organization
licensee | ||||||
8 | located in a county with a population in excess of | ||||||
9 | 230,000 and bounded
by the Mississippi River, is | ||||||
10 | also
conducting its own
race meeting during the | ||||||
11 | same dates, then the purse allocation shall be as
| ||||||
12 | follows: 50% to purses at the track where the | ||||||
13 | races wagered on are
being conducted; 50% to | ||||||
14 | purses at the track where the inter-track
wagering | ||||||
15 | licensee is accepting such wagers.
| ||||||
16 | (iii) If the inter-track wagering is being | ||||||
17 | conducted by an inter-track
wagering location | ||||||
18 | licensee, except an inter-track wagering location | ||||||
19 | licensee
that derives its license from an | ||||||
20 | organization licensee located in a
county with a | ||||||
21 | population in excess of 230,000 and bounded by the | ||||||
22 | Mississippi
River, the entire purse allocation for | ||||||
23 | Illinois races shall
be to purses at the track | ||||||
24 | where the race meeting being wagered on is being
| ||||||
25 | held.
| ||||||
26 | (12) The Board shall have all powers necessary and |
| |||||||
| |||||||
1 | proper to fully
supervise and control the conduct of
| ||||||
2 | inter-track wagering and simulcast
wagering by inter-track | ||||||
3 | wagering licensees and inter-track wagering location
| ||||||
4 | licensees, including, but not
limited to, the following:
| ||||||
5 | (A) The Board is vested with power to promulgate | ||||||
6 | reasonable rules and
regulations for the purpose of | ||||||
7 | administering the
conduct of this
wagering and to | ||||||
8 | prescribe reasonable rules, regulations and conditions | ||||||
9 | under
which such wagering shall be held and conducted. | ||||||
10 | Such rules and regulations
are to provide for the | ||||||
11 | prevention of practices detrimental to the public
| ||||||
12 | interest and for
the best interests of said wagering | ||||||
13 | and to impose penalties
for violations thereof.
| ||||||
14 | (B) The Board, and any person or persons to whom it | ||||||
15 | delegates this
power, is vested with the power to | ||||||
16 | enter the
facilities of any licensee to determine | ||||||
17 | whether there has been
compliance with the provisions | ||||||
18 | of this Act and the rules and regulations
relating to | ||||||
19 | the conduct of such wagering.
| ||||||
20 | (C) The Board, and any person or persons to whom it | ||||||
21 | delegates this
power, may eject or exclude from any | ||||||
22 | licensee's facilities, any person whose
conduct or | ||||||
23 | reputation
is such that his presence on such premises | ||||||
24 | may, in the opinion of the Board,
call into the | ||||||
25 | question the honesty and integrity of, or interfere | ||||||
26 | with the
orderly conduct of such wagering; provided, |
| |||||||
| |||||||
1 | however, that no person shall
be excluded or ejected | ||||||
2 | from such premises solely on the grounds of race,
| ||||||
3 | color, creed, national origin, ancestry, or sex.
| ||||||
4 | (D) (Blank).
| ||||||
5 | (E) The Board is vested with the power to appoint | ||||||
6 | delegates to execute
any of the powers granted to it | ||||||
7 | under this Section for the purpose of
administering | ||||||
8 | this wagering and any
rules and
regulations
| ||||||
9 | promulgated in accordance with this Act.
| ||||||
10 | (F) The Board shall name and appoint a State | ||||||
11 | director of this wagering
who shall be a | ||||||
12 | representative of the Board and whose
duty it shall
be | ||||||
13 | to supervise the conduct of inter-track wagering as | ||||||
14 | may be provided for
by the rules and regulations of the | ||||||
15 | Board; such rules and regulation shall
specify the | ||||||
16 | method of appointment and the Director's powers, | ||||||
17 | authority and
duties.
| ||||||
18 | (G) The Board is vested with the power to impose | ||||||
19 | civil penalties of up
to $5,000 against individuals | ||||||
20 | and up to $10,000 against
licensees for each violation | ||||||
21 | of any provision of
this Act relating to the conduct of | ||||||
22 | this wagering, any
rules adopted
by the Board, any | ||||||
23 | order of the Board or any other action which in the | ||||||
24 | Board's
discretion, is a detriment or impediment to | ||||||
25 | such wagering.
| ||||||
26 | (13) The Department of Agriculture may enter into |
| |||||||
| |||||||
1 | agreements with
licensees authorizing such licensees to | ||||||
2 | conduct inter-track
wagering on races to be held at the | ||||||
3 | licensed race meetings conducted by the
Department of | ||||||
4 | Agriculture. Such
agreement shall specify the races of the | ||||||
5 | Department of Agriculture's
licensed race meeting upon | ||||||
6 | which the licensees will conduct wagering. In the
event | ||||||
7 | that a licensee
conducts inter-track pari-mutuel wagering | ||||||
8 | on races from the Illinois State Fair
or DuQuoin State | ||||||
9 | Fair which are in addition to the licensee's previously
| ||||||
10 | approved racing program, those races shall be considered a | ||||||
11 | separate racing day
for the
purpose of determining the | ||||||
12 | daily handle and computing the privilege or
pari-mutuel | ||||||
13 | tax on
that daily handle as provided in Sections 27
and | ||||||
14 | 27.1. Such
agreements shall be approved by the Board | ||||||
15 | before such wagering may be
conducted. In determining | ||||||
16 | whether to grant approval, the Board shall give
due | ||||||
17 | consideration to the best interests of the public and of | ||||||
18 | horse racing.
The provisions of paragraphs (1), (8), | ||||||
19 | (8.1), and (8.2) of
subsection (h) of this
Section which | ||||||
20 | are not specified in this paragraph (13) shall not apply | ||||||
21 | to
licensed race meetings conducted by the Department of | ||||||
22 | Agriculture at the
Illinois State Fair in Sangamon County | ||||||
23 | or the DuQuoin State Fair in Perry
County, or to any | ||||||
24 | wagering conducted on
those race meetings. | ||||||
25 | (14) An inter-track wagering location license | ||||||
26 | authorized by the Board in 2016 that is owned and operated |
| |||||||
| |||||||
1 | by a race track in Rock Island County shall be transferred | ||||||
2 | to a commonly owned race track in Cook County on August 12, | ||||||
3 | 2016 (the effective date of Public Act 99-757). The | ||||||
4 | licensee shall retain its status in relation to purse | ||||||
5 | distribution under paragraph (11) of this subsection (h) | ||||||
6 | following the transfer to the new entity. The pari-mutuel | ||||||
7 | tax credit under Section 32.1 shall not be applied toward | ||||||
8 | any pari-mutuel tax obligation of the inter-track wagering | ||||||
9 | location licensee of the license that is transferred under | ||||||
10 | this paragraph (14).
| ||||||
11 | (i) Notwithstanding the other provisions of this Act, the | ||||||
12 | conduct of
wagering at wagering facilities is authorized on | ||||||
13 | all days, except as limited by
subsection (b) of Section 19 of | ||||||
14 | this Act.
| ||||||
15 | (Source: P.A. 101-31, eff. 6-28-19; 101-52, eff. 7-12-19; | ||||||
16 | 101-81, eff. 7-12-19; 101-109, eff. 7-19-19; 102-558, eff. | ||||||
17 | 8-20-21; revised 12-2-21.)
| ||||||
18 | (230 ILCS 5/28) (from Ch. 8, par. 37-28)
| ||||||
19 | Sec. 28. Except as provided in subsection (g) of Section | ||||||
20 | 27 of this Act,
moneys collected shall be distributed | ||||||
21 | according to the provisions of this
Section 28.
| ||||||
22 | (a) Thirty
per cent of the total of all monies received
by | ||||||
23 | the State as privilege taxes shall be paid into the | ||||||
24 | Metropolitan Exposition,
Auditorium and Office Building Fund | ||||||
25 | in the State treasury Treasury until such Fund is repealed, |
| |||||||
| |||||||
1 | and thereafter shall be paid into the General Revenue Fund in | ||||||
2 | the State treasury Treasury .
| ||||||
3 | (b) In addition, 4.5% of the total of all monies received
| ||||||
4 | by the State as privilege taxes shall be paid into the State | ||||||
5 | treasury
into the Metropolitan Exposition,
Auditorium and | ||||||
6 | Office Building Fund until such Fund is repealed, and | ||||||
7 | thereafter shall be paid into the General Revenue Fund in the | ||||||
8 | State treasury Treasury .
| ||||||
9 | (c) Fifty per cent of the total of all monies received by | ||||||
10 | the State
as privilege taxes under the provisions of this Act | ||||||
11 | shall be paid into
the Agricultural Premium Fund.
| ||||||
12 | (d) Seven per cent of the total of all monies received by | ||||||
13 | the State
as privilege taxes shall be paid into the Fair and | ||||||
14 | Exposition Fund in
the State treasury; provided, however, that | ||||||
15 | when all bonds issued prior to
July 1, 1984 by the Metropolitan | ||||||
16 | Fair and Exposition Authority shall have
been paid or payment | ||||||
17 | shall have been provided for upon a refunding of those
bonds, | ||||||
18 | thereafter 1/12 of $1,665,662 of such monies shall be paid | ||||||
19 | each
month into the Build Illinois Fund, and the remainder | ||||||
20 | into the Fair and
Exposition Fund. All excess monies shall be | ||||||
21 | allocated to the Department of
Agriculture for distribution to | ||||||
22 | county fairs for premiums and
rehabilitation as set forth in | ||||||
23 | the Agricultural Fair Act.
| ||||||
24 | (e) The monies provided for in Section 30 shall be paid | ||||||
25 | into the
Illinois Thoroughbred Breeders Fund.
| ||||||
26 | (f) The monies provided for in Section 31 shall be paid |
| |||||||
| |||||||
1 | into the
Illinois Standardbred Breeders Fund.
| ||||||
2 | (g) Until January 1, 2000, that part representing
1/2 of | ||||||
3 | the total breakage in Thoroughbred,
Harness, Appaloosa, | ||||||
4 | Arabian, and Quarter Horse racing in the State shall
be paid | ||||||
5 | into the Illinois Race Track Improvement Fund as established
| ||||||
6 | in Section 32.
| ||||||
7 | (h) All other monies received by the Board under this Act | ||||||
8 | shall be
paid into the Horse Racing Fund.
| ||||||
9 | (i) The salaries of the Board members, secretary, | ||||||
10 | stewards,
directors of mutuels, veterinarians, | ||||||
11 | representatives, accountants,
clerks, stenographers, | ||||||
12 | inspectors and other employees of the Board, and
all expenses | ||||||
13 | of the Board incident to the administration of this Act,
| ||||||
14 | including, but not limited to, all expenses and salaries | ||||||
15 | incident to the
taking of saliva and urine samples in | ||||||
16 | accordance with the rules and
regulations of the Board shall | ||||||
17 | be paid out of the Agricultural Premium
Fund.
| ||||||
18 | (j) The Agricultural Premium Fund shall also be used:
| ||||||
19 | (1) for the expenses of operating the Illinois State | ||||||
20 | Fair and the
DuQuoin State Fair, including the
payment of | ||||||
21 | prize money or premiums;
| ||||||
22 | (2) for the distribution to county fairs, vocational | ||||||
23 | agriculture
section fairs, agricultural societies, and | ||||||
24 | agricultural extension clubs
in accordance with the | ||||||
25 | Agricultural Fair Act, as
amended;
| ||||||
26 | (3) for payment of prize monies and premiums awarded |
| |||||||
| |||||||
1 | and for
expenses incurred in connection with the | ||||||
2 | International Livestock
Exposition and the Mid-Continent | ||||||
3 | Livestock Exposition held in Illinois,
which premiums, and | ||||||
4 | awards must be approved, and paid by the Illinois
| ||||||
5 | Department of Agriculture;
| ||||||
6 | (4) for personal service of county agricultural | ||||||
7 | advisors and county
home advisors;
| ||||||
8 | (5) for distribution to agricultural home economic | ||||||
9 | extension
councils in accordance with "An Act in relation | ||||||
10 | to additional support
and finance for the Agricultural and | ||||||
11 | Home Economic Extension Councils in
the several counties | ||||||
12 | in this State and making an appropriation
therefor", | ||||||
13 | approved July 24, 1967, as amended;
| ||||||
14 | (6) for research on equine disease, including a | ||||||
15 | development center
therefor;
| ||||||
16 | (7) for training scholarships for study on equine | ||||||
17 | diseases to
students at the University of Illinois College | ||||||
18 | of Veterinary Medicine;
| ||||||
19 | (8) for the rehabilitation, repair and maintenance of
| ||||||
20 | the Illinois and DuQuoin State Fair Grounds and
the | ||||||
21 | structures and facilities thereon and the construction of | ||||||
22 | permanent
improvements on such Fair Grounds, including | ||||||
23 | such structures, facilities and
property located on such
| ||||||
24 | State Fair Grounds which are under the custody and control | ||||||
25 | of the
Department of Agriculture;
| ||||||
26 | (9) (blank);
|
| |||||||
| |||||||
1 | (10) for the expenses of the Department of Commerce | ||||||
2 | and Economic Opportunity under Sections
605-620, 605-625, | ||||||
3 | and
605-630 of the Department of Commerce and Economic | ||||||
4 | Opportunity Law;
| ||||||
5 | (11) for remodeling, expanding, and reconstructing | ||||||
6 | facilities
destroyed by fire of any Fair and Exposition | ||||||
7 | Authority in counties with
a population of 1,000,000 or | ||||||
8 | more inhabitants;
| ||||||
9 | (12) for the purpose of assisting in the care and | ||||||
10 | general
rehabilitation of veterans with disabilities of | ||||||
11 | any war and their surviving
spouses and orphans;
| ||||||
12 | (13) for expenses of the Illinois State Police for | ||||||
13 | duties
performed under this Act;
| ||||||
14 | (14) for the Department of Agriculture for soil | ||||||
15 | surveys and soil and water
conservation purposes;
| ||||||
16 | (15) for the Department of Agriculture for grants to | ||||||
17 | the City of Chicago
for conducting the Chicagofest;
| ||||||
18 | (16) for the State Comptroller for grants and | ||||||
19 | operating expenses authorized by the Illinois Global | ||||||
20 | Partnership Act.
| ||||||
21 | (k) To the extent that monies paid by the Board to the | ||||||
22 | Agricultural
Premium Fund are in the opinion of the Governor | ||||||
23 | in excess of the amount
necessary for the purposes herein | ||||||
24 | stated, the Governor shall notify the
Comptroller and the | ||||||
25 | State Treasurer of such fact, who, upon receipt of
such | ||||||
26 | notification, shall transfer such excess monies from the
|
| |||||||
| |||||||
1 | Agricultural Premium Fund to the General Revenue Fund.
| ||||||
2 | (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; | ||||||
3 | revised 10-14-21.)
| ||||||
4 | Section 495. The Illinois Gambling Act is amended by | ||||||
5 | changing Sections 6 and 18 as follows:
| ||||||
6 | (230 ILCS 10/6) (from Ch. 120, par. 2406)
| ||||||
7 | Sec. 6. Application for owners license.
| ||||||
8 | (a) A qualified person may
apply to the Board for an owners | ||||||
9 | license to
conduct a gambling operation as provided in this | ||||||
10 | Act. The
application shall be made on forms provided by the | ||||||
11 | Board and shall contain
such information as the Board | ||||||
12 | prescribes, including , but not limited to , the
identity of the | ||||||
13 | riverboat on which such gambling operation is to be
conducted, | ||||||
14 | if applicable, and the exact location where such riverboat or | ||||||
15 | casino will be located, a
certification that the riverboat | ||||||
16 | will be registered under this Act at all
times during which | ||||||
17 | gambling operations are conducted on board, detailed
| ||||||
18 | information regarding the ownership and management of the | ||||||
19 | applicant, and
detailed personal information regarding the | ||||||
20 | applicant. Any application for an
owners license to be | ||||||
21 | re-issued on or after June 1, 2003 shall also
include the | ||||||
22 | applicant's license bid in a form prescribed by the Board.
| ||||||
23 | Information
provided on the application shall be used as a | ||||||
24 | basis for a thorough
background investigation which the Board |
| |||||||
| |||||||
1 | shall conduct with respect to each
applicant. An incomplete | ||||||
2 | application shall be cause for denial of a license
by the | ||||||
3 | Board.
| ||||||
4 | (a-5) In addition to any other information required under | ||||||
5 | this Section, each application for an owners license must | ||||||
6 | include the following information: | ||||||
7 | (1) The history and success of the applicant and each | ||||||
8 | person and entity disclosed under subsection (c) of this | ||||||
9 | Section in developing tourism facilities ancillary to | ||||||
10 | gaming, if applicable. | ||||||
11 | (2) The likelihood that granting a license to the | ||||||
12 | applicant will lead to the creation of quality, living | ||||||
13 | wage jobs and permanent, full-time jobs for residents of | ||||||
14 | the State and residents of the unit of local government | ||||||
15 | that is designated as the home dock of the proposed | ||||||
16 | facility where gambling is to be conducted by the | ||||||
17 | applicant. | ||||||
18 | (3) The projected number of jobs that would be created | ||||||
19 | if the license is granted and the projected number of new | ||||||
20 | employees at the proposed facility where gambling is to be | ||||||
21 | conducted by the applicant. | ||||||
22 | (4) The record, if any, of the applicant and its | ||||||
23 | developer in meeting commitments to local agencies, | ||||||
24 | community-based organizations, and employees at other | ||||||
25 | locations where the applicant or its developer has | ||||||
26 | performed similar functions as they would perform if the |
| |||||||
| |||||||
1 | applicant were granted a license. | ||||||
2 | (5) Identification of adverse effects that might be | ||||||
3 | caused by the proposed facility where gambling is to be | ||||||
4 | conducted by the applicant, including the costs of meeting | ||||||
5 | increased demand for public health care, child care, | ||||||
6 | public transportation, affordable housing, and social | ||||||
7 | services, and a plan to mitigate those adverse effects. | ||||||
8 | (6) The record, if any, of the applicant and its | ||||||
9 | developer regarding compliance with: | ||||||
10 | (A) federal, state, and local discrimination, wage | ||||||
11 | and hour, disability, and occupational and | ||||||
12 | environmental health and safety laws; and | ||||||
13 | (B) state and local labor relations and employment | ||||||
14 | laws. | ||||||
15 | (7) The applicant's record, if any, in dealing with | ||||||
16 | its employees and their representatives at other | ||||||
17 | locations. | ||||||
18 | (8) A plan concerning the utilization of | ||||||
19 | minority-owned and women-owned businesses and concerning | ||||||
20 | the hiring of minorities and women. | ||||||
21 | (9) Evidence the applicant used its best efforts to | ||||||
22 | reach a goal of 25% ownership representation by minority | ||||||
23 | persons and 5% ownership representation by women. | ||||||
24 | (10) Evidence the applicant has entered into a fully | ||||||
25 | executed project labor agreement with the applicable local | ||||||
26 | building trades council. For any pending application |
| |||||||
| |||||||
1 | before the Board on June 10, 2021 ( the effective date of | ||||||
2 | Public Act 102-13) this amendatory Act of the 102nd | ||||||
3 | General Assembly , the applicant shall submit evidence | ||||||
4 | complying with this paragraph within 30 days after June | ||||||
5 | 10, 2021 ( the effective date of Public Act 102-13) this | ||||||
6 | amendatory Act of the 102nd General Assembly . The Board | ||||||
7 | shall not award any pending applications until the | ||||||
8 | applicant has submitted this information. | ||||||
9 | (b) Applicants shall submit with their application all | ||||||
10 | documents,
resolutions, and letters of support from the | ||||||
11 | governing body that represents
the municipality or county | ||||||
12 | wherein the licensee will be located.
| ||||||
13 | (c) Each applicant shall disclose the identity of every | ||||||
14 | person or entity having a greater than 1% direct or
indirect | ||||||
15 | pecuniary interest in the gambling operation with
respect to | ||||||
16 | which the license is sought. If the disclosed entity is a
| ||||||
17 | trust, the application shall disclose the names and addresses | ||||||
18 | of all
beneficiaries; if a corporation, the names and
| ||||||
19 | addresses of all stockholders and directors; if a partnership, | ||||||
20 | the names
and addresses of all partners, both general and | ||||||
21 | limited.
| ||||||
22 | (d) An application shall be filed and considered in | ||||||
23 | accordance with the rules of the Board. Each application shall | ||||||
24 | be accompanied by a nonrefundable
application fee of $250,000. | ||||||
25 | In addition, a nonrefundable fee of $50,000 shall be paid at | ||||||
26 | the time of filing
to defray the costs associated with the
|
| |||||||
| |||||||
1 | background investigation conducted by the Board. If the costs | ||||||
2 | of the
investigation exceed $50,000, the applicant shall pay | ||||||
3 | the additional amount
to the Board within 7 days after | ||||||
4 | requested by the Board. If the costs of the investigation are | ||||||
5 | less than $50,000, the
applicant shall receive a refund of the | ||||||
6 | remaining amount. All
information, records, interviews, | ||||||
7 | reports, statements, memoranda , or other
data supplied to or | ||||||
8 | used by the Board in the course of its review or
investigation | ||||||
9 | of an application for a license or a renewal under this Act | ||||||
10 | shall be
privileged and , strictly confidential and shall be | ||||||
11 | used only for the purpose of
evaluating an applicant for a | ||||||
12 | license or a renewal. Such information, records, interviews, | ||||||
13 | reports,
statements, memoranda , or other data shall not be | ||||||
14 | admissible as evidence,
nor discoverable in any action of any | ||||||
15 | kind in any court or before any
tribunal, board, agency or | ||||||
16 | person, except for any action deemed necessary
by the Board. | ||||||
17 | The application fee shall be deposited into the State Gaming | ||||||
18 | Fund.
| ||||||
19 | (e) The Board shall charge each applicant a fee set by the | ||||||
20 | Illinois
State Police to defray the costs associated with the | ||||||
21 | search and
classification of fingerprints obtained by the | ||||||
22 | Board with respect to the
applicant's application. These fees | ||||||
23 | shall be paid into the State Police
Services Fund. In order to | ||||||
24 | expedite the application process, the Board may establish | ||||||
25 | rules allowing applicants to acquire criminal background | ||||||
26 | checks and financial integrity reviews as part of the initial |
| |||||||
| |||||||
1 | application process from a list of vendors approved by the | ||||||
2 | Board.
| ||||||
3 | (f) The licensed owner shall be the person primarily | ||||||
4 | responsible for the
boat or casino itself. Only one gambling | ||||||
5 | operation may be authorized
by the Board on any riverboat or in | ||||||
6 | any casino. The applicant must identify the riverboat or | ||||||
7 | premises
it intends to use and certify that the riverboat or | ||||||
8 | premises: (1) has the authorized
capacity required in this | ||||||
9 | Act; (2) is accessible to persons with disabilities; and
(3) | ||||||
10 | is fully registered and licensed in accordance
with any | ||||||
11 | applicable laws.
| ||||||
12 | (g) A person who knowingly makes a false statement on an | ||||||
13 | application is
guilty of a Class A misdemeanor.
| ||||||
14 | (Source: P.A. 101-31, eff. 6-28-19; 102-13, eff. 6-10-21; | ||||||
15 | 102-538, eff. 8-20-21; revised 10-14-21.)
| ||||||
16 | (230 ILCS 10/18) (from Ch. 120, par. 2418)
| ||||||
17 | Sec. 18. Prohibited activities; penalty Activities - | ||||||
18 | Penalty .
| ||||||
19 | (a) A person is guilty of a Class A misdemeanor for doing | ||||||
20 | any of the
following:
| ||||||
21 | (1) Conducting gambling where wagering
is used or to | ||||||
22 | be used
without a license issued by the Board.
| ||||||
23 | (2) Conducting gambling where wagering
is permitted | ||||||
24 | other
than in the manner specified by Section 11.
| ||||||
25 | (b) A person is guilty of a Class B misdemeanor for doing |
| |||||||
| |||||||
1 | any of the
following:
| ||||||
2 | (1) permitting a person under 21 years to make a | ||||||
3 | wager; or
| ||||||
4 | (2) violating paragraph (12) of subsection (a) of | ||||||
5 | Section 11 of this Act.
| ||||||
6 | (c) A person wagering or accepting a wager at any location | ||||||
7 | outside the
riverboat, casino, or organization gaming facility | ||||||
8 | in violation of paragraph (1) or (2) of
subsection (a) of | ||||||
9 | Section 28-1 of the Criminal Code of 2012 is subject to the | ||||||
10 | penalties provided in that Section.
| ||||||
11 | (d) A person commits a Class 4 felony and, in addition, | ||||||
12 | shall be barred
for life from gambling operations under the | ||||||
13 | jurisdiction of the
Board, if the person does any of the | ||||||
14 | following:
| ||||||
15 | (1) Offers, promises, or gives anything of value or | ||||||
16 | benefit to a person
who is connected with a riverboat or | ||||||
17 | casino owner or organization gaming licensee, including, | ||||||
18 | but
not limited to, an officer or employee of a licensed | ||||||
19 | owner, organization gaming licensee, or holder of an
| ||||||
20 | occupational license pursuant to an agreement or | ||||||
21 | arrangement or with the
intent that the promise or thing | ||||||
22 | of value or benefit will influence the
actions of the | ||||||
23 | person to whom the offer, promise, or gift was made in | ||||||
24 | order
to affect or attempt to affect the outcome of a | ||||||
25 | gambling game, or to
influence official action of a member | ||||||
26 | of the Board.
|
| |||||||
| |||||||
1 | (2) Solicits or knowingly accepts or receives a | ||||||
2 | promise of anything of
value or benefit while the person | ||||||
3 | is connected with a riverboat, casino, or organization | ||||||
4 | gaming facility,
including, but not limited to, an officer | ||||||
5 | or employee of a licensed owner or organization gaming | ||||||
6 | licensee,
or the holder of an occupational license, | ||||||
7 | pursuant to an understanding or
arrangement or with the | ||||||
8 | intent that the promise or thing of value or
benefit will | ||||||
9 | influence the actions of the person to affect or attempt | ||||||
10 | to
affect the outcome of a gambling game, or to influence | ||||||
11 | official action of a
member of the Board.
| ||||||
12 | (3) Uses or possesses with the intent to use a device | ||||||
13 | to assist:
| ||||||
14 | (i) In projecting the outcome of the game.
| ||||||
15 | (ii) In keeping track of the cards played.
| ||||||
16 | (iii) In analyzing the probability of the | ||||||
17 | occurrence of an event
relating to the gambling game.
| ||||||
18 | (iv) In analyzing the strategy for playing or | ||||||
19 | betting to be used in the
game except as permitted by | ||||||
20 | the Board.
| ||||||
21 | (4) Cheats at a gambling game.
| ||||||
22 | (5) Manufactures, sells, or distributes any cards, | ||||||
23 | chips, dice, game or
device which is intended to be used to | ||||||
24 | violate any provision of this Act.
| ||||||
25 | (6) Alters or misrepresents the outcome of a gambling | ||||||
26 | game on which
wagers have been made after the outcome is |
| |||||||
| |||||||
1 | made sure but before it is
revealed to the players.
| ||||||
2 | (7) Places a bet after acquiring knowledge, not | ||||||
3 | available to all players,
of the outcome of the gambling | ||||||
4 | game which is the subject of the bet or to aid a
person in | ||||||
5 | acquiring the knowledge for the purpose of placing a bet
| ||||||
6 | contingent on that outcome.
| ||||||
7 | (8) Claims, collects, or takes, or attempts to claim, | ||||||
8 | collect, or take,
money or anything of value in or from the | ||||||
9 | gambling games, with intent to
defraud, without having | ||||||
10 | made a wager contingent on winning a gambling game,
or | ||||||
11 | claims, collects, or takes an amount of money or thing of | ||||||
12 | value of
greater value than the amount won.
| ||||||
13 | (9) Uses counterfeit chips or tokens in a gambling | ||||||
14 | game.
| ||||||
15 | (10) Possesses any key or device designed for the | ||||||
16 | purpose of opening,
entering, or affecting the operation | ||||||
17 | of a gambling game, drop box, or an
electronic or | ||||||
18 | mechanical device connected with the gambling game or for
| ||||||
19 | removing coins, tokens, chips or other contents of a | ||||||
20 | gambling game. This
paragraph (10) does not apply to a | ||||||
21 | gambling licensee or employee of a
gambling licensee | ||||||
22 | acting in furtherance of the employee's employment.
| ||||||
23 | (e) The possession of more than one of the devices | ||||||
24 | described in
subsection (d), paragraphs (3), (5), and or (10) | ||||||
25 | of subsection (d) permits a rebuttable
presumption that the | ||||||
26 | possessor intended to use the devices for cheating.
|
| |||||||
| |||||||
1 | (f) A person under the age of 21 who, except as authorized | ||||||
2 | under paragraph (10) of Section 11, enters upon a riverboat or | ||||||
3 | in a casino or organization gaming facility commits a petty | ||||||
4 | offense and is subject to a fine of not less than $100 or more | ||||||
5 | than $250 for a first offense and of not less than $200 or more | ||||||
6 | than $500 for a second or subsequent offense. | ||||||
7 | An action to prosecute any crime occurring on a riverboat
| ||||||
8 | shall be tried in the county of the dock at which the riverboat | ||||||
9 | is based. An action to prosecute any crime occurring in a | ||||||
10 | casino or organization gaming facility
shall be tried in the | ||||||
11 | county in which the casino or organization gaming facility is | ||||||
12 | located.
| ||||||
13 | (Source: P.A. 101-31, eff. 6-28-19; revised 12-2-21.)
| ||||||
14 | Section 500. The Liquor Control Act of 1934 is amended by | ||||||
15 | changing Sections 3-12 and 6-5 and by setting forth and | ||||||
16 | renumbering multiple versions of Section 6-37 as follows:
| ||||||
17 | (235 ILCS 5/3-12)
| ||||||
18 | Sec. 3-12. Powers and duties of State Commission.
| ||||||
19 | (a) The State Commission shall have the following powers, | ||||||
20 | functions, and
duties:
| ||||||
21 | (1) To receive applications and to issue licenses to | ||||||
22 | manufacturers,
foreign importers, importing distributors, | ||||||
23 | distributors, non-resident dealers,
on premise consumption | ||||||
24 | retailers, off premise sale retailers, special event
|
| |||||||
| |||||||
1 | retailer licensees, special use permit licenses, auction | ||||||
2 | liquor licenses, brew
pubs, caterer retailers, | ||||||
3 | non-beverage users, railroads, including owners and
| ||||||
4 | lessees of sleeping, dining and cafe cars, airplanes, | ||||||
5 | boats, brokers, and wine
maker's premises licensees in | ||||||
6 | accordance with the provisions of this Act, and
to suspend | ||||||
7 | or revoke such licenses upon the State Commission's | ||||||
8 | determination,
upon notice after hearing, that a licensee | ||||||
9 | has violated any provision of this
Act or any rule or | ||||||
10 | regulation issued pursuant thereto and in effect for 30 | ||||||
11 | days
prior to such violation. Except in the case of an | ||||||
12 | action taken pursuant to a
violation of Section 6-3, 6-5, | ||||||
13 | or 6-9, any action by the State Commission to
suspend or | ||||||
14 | revoke a licensee's license may be limited to the license | ||||||
15 | for the
specific premises where the violation occurred.
An | ||||||
16 | action for a violation of this Act shall be commenced by | ||||||
17 | the State Commission within 2 years after the date the | ||||||
18 | State Commission becomes aware of the violation.
| ||||||
19 | In lieu of suspending or revoking a license, the | ||||||
20 | commission may impose
a fine, upon the State Commission's | ||||||
21 | determination and notice after hearing,
that a licensee | ||||||
22 | has violated any provision of this Act or any rule or
| ||||||
23 | regulation issued pursuant thereto and in effect for 30 | ||||||
24 | days prior to such
violation. | ||||||
25 | For the purpose of this paragraph (1), when | ||||||
26 | determining multiple violations for the sale of alcohol to |
| |||||||
| |||||||
1 | a person under the age of 21, a second or subsequent | ||||||
2 | violation for the sale of alcohol to a person under the age | ||||||
3 | of 21 shall only be considered if it was committed within 5 | ||||||
4 | years after the date when a prior violation for the sale of | ||||||
5 | alcohol to a person under the age of 21 was committed. | ||||||
6 | The fine imposed under this paragraph may not exceed | ||||||
7 | $500 for each
violation. Each day that the activity, which | ||||||
8 | gave rise to the original fine,
continues is a separate | ||||||
9 | violation. The maximum fine that may be levied against
any | ||||||
10 | licensee, for the period of the license, shall not exceed | ||||||
11 | $20,000.
The maximum penalty that may be imposed on a | ||||||
12 | licensee for selling a bottle of
alcoholic liquor with a | ||||||
13 | foreign object in it or serving from a bottle of
alcoholic | ||||||
14 | liquor with a foreign object in it shall be the | ||||||
15 | destruction of that
bottle of alcoholic liquor for the | ||||||
16 | first 10 bottles so sold or served from by
the licensee. | ||||||
17 | For the eleventh bottle of alcoholic liquor and for each | ||||||
18 | third
bottle thereafter sold or served from by the | ||||||
19 | licensee with a foreign object in
it, the maximum penalty | ||||||
20 | that may be imposed on the licensee is the destruction
of | ||||||
21 | the bottle of alcoholic liquor and a fine of up to $50.
| ||||||
22 | Any notice issued by the State Commission to a | ||||||
23 | licensee for a violation of this Act or any notice with | ||||||
24 | respect to settlement or offer in compromise shall include | ||||||
25 | the field report, photographs, and any other supporting | ||||||
26 | documentation necessary to reasonably inform the licensee |
| |||||||
| |||||||
1 | of the nature and extent of the violation or the conduct | ||||||
2 | alleged to have occurred. The failure to include such | ||||||
3 | required documentation shall result in the dismissal of | ||||||
4 | the action. | ||||||
5 | (2) To adopt such rules and regulations consistent | ||||||
6 | with the
provisions of this Act which shall be necessary | ||||||
7 | to carry on its
functions and duties to the end that the | ||||||
8 | health, safety and welfare of
the People of the State of | ||||||
9 | Illinois shall be protected and temperance in
the | ||||||
10 | consumption of alcoholic liquors shall be fostered and | ||||||
11 | promoted and
to distribute copies of such rules and | ||||||
12 | regulations to all licensees
affected thereby.
| ||||||
13 | (3) To call upon other administrative departments of | ||||||
14 | the State,
county and municipal governments, county and | ||||||
15 | city police departments and
upon prosecuting officers for | ||||||
16 | such information and assistance as it
deems necessary in | ||||||
17 | the performance of its duties.
| ||||||
18 | (4) To recommend to local commissioners rules and | ||||||
19 | regulations, not
inconsistent with the law, for the | ||||||
20 | distribution and sale of alcoholic
liquors throughout the | ||||||
21 | State.
| ||||||
22 | (5) To inspect, or cause to be inspected, any
premises | ||||||
23 | in this State
where alcoholic liquors are manufactured, | ||||||
24 | distributed, warehoused, or
sold. Nothing in this Act
| ||||||
25 | authorizes an agent of the State Commission to inspect | ||||||
26 | private
areas within the premises without reasonable |
| |||||||
| |||||||
1 | suspicion or a warrant
during an inspection. "Private | ||||||
2 | areas" include, but are not limited to, safes, personal | ||||||
3 | property, and closed desks.
| ||||||
4 | (5.1) Upon receipt of a complaint or upon having | ||||||
5 | knowledge that any person
is engaged in business as a | ||||||
6 | manufacturer, importing distributor, distributor,
or | ||||||
7 | retailer without a license or valid license, to conduct an | ||||||
8 | investigation. If, after conducting an investigation, the | ||||||
9 | State Commission is satisfied that the alleged conduct | ||||||
10 | occurred or is occurring, it may issue a cease and desist | ||||||
11 | notice as provided in this Act, impose civil penalties as | ||||||
12 | provided in this Act, notify the local liquor
authority, | ||||||
13 | or file a complaint with the State's Attorney's Office of | ||||||
14 | the county
where the incident occurred or the Attorney | ||||||
15 | General.
| ||||||
16 | (5.2) Upon receipt of a complaint or upon having | ||||||
17 | knowledge that any person is shipping alcoholic
liquor
| ||||||
18 | into this State from a point outside of this State if the | ||||||
19 | shipment is in
violation of this Act, to conduct an | ||||||
20 | investigation. If, after conducting an investigation, the | ||||||
21 | State Commission is satisfied that the alleged conduct | ||||||
22 | occurred or is occurring, it may issue a cease and desist | ||||||
23 | notice as provided in this Act, impose civil penalties as | ||||||
24 | provided in this Act, notify the foreign jurisdiction, or | ||||||
25 | file a complaint with the State's Attorney's Office of the | ||||||
26 | county where the incident occurred or the Attorney |
| |||||||
| |||||||
1 | General.
| ||||||
2 | (5.3) To receive complaints from licensees, local | ||||||
3 | officials, law
enforcement agencies, organizations, and | ||||||
4 | persons stating that any licensee has
been or is violating | ||||||
5 | any provision of this Act or the rules and regulations
| ||||||
6 | issued pursuant to this Act. Such complaints shall be in | ||||||
7 | writing, signed and
sworn to by the person making the | ||||||
8 | complaint, and shall state with specificity
the facts in | ||||||
9 | relation to the alleged violation. If the State Commission | ||||||
10 | has
reasonable grounds to believe that the complaint | ||||||
11 | substantially alleges a
violation of this Act or rules and | ||||||
12 | regulations adopted pursuant to this Act, it
shall conduct | ||||||
13 | an investigation. If, after conducting an investigation, | ||||||
14 | the
State Commission is satisfied that the alleged | ||||||
15 | violation did occur, it shall proceed
with disciplinary | ||||||
16 | action against the licensee as provided in this Act.
| ||||||
17 | (5.4) To make arrests and issue notices of civil | ||||||
18 | violations where necessary for the enforcement of this | ||||||
19 | Act. | ||||||
20 | (5.5) To investigate any and all unlicensed activity. | ||||||
21 | (5.6) To impose civil penalties or fines to any person | ||||||
22 | who, without holding a valid license, engages in conduct | ||||||
23 | that requires a license pursuant to this Act, in an amount | ||||||
24 | not to exceed $20,000 for each offense as determined by | ||||||
25 | the State Commission. A civil penalty shall be assessed by | ||||||
26 | the State Commission after a hearing is held in accordance |
| |||||||
| |||||||
1 | with the provisions set forth in this Act regarding the | ||||||
2 | provision of a hearing for the revocation or suspension of | ||||||
3 | a license. | ||||||
4 | (6) To hear and determine appeals from orders of a | ||||||
5 | local commission
in accordance with the provisions of this | ||||||
6 | Act, as hereinafter set forth.
Hearings under this | ||||||
7 | subsection shall be held in Springfield or Chicago,
at | ||||||
8 | whichever location is the more convenient for the majority | ||||||
9 | of persons
who are parties to the hearing.
| ||||||
10 | (7) The State Commission shall establish uniform | ||||||
11 | systems of accounts to be
kept by all retail licensees | ||||||
12 | having more than 4 employees, and for this
purpose the | ||||||
13 | State Commission may classify all retail licensees having | ||||||
14 | more
than 4 employees and establish a uniform system of | ||||||
15 | accounts for each
class and prescribe the manner in which | ||||||
16 | such accounts shall be kept.
The State Commission may also | ||||||
17 | prescribe the forms of accounts to be kept by
all retail | ||||||
18 | licensees having more than 4 employees, including, but not
| ||||||
19 | limited to, accounts of earnings and expenses and any | ||||||
20 | distribution,
payment, or other distribution of earnings | ||||||
21 | or assets, and any other
forms, records, and memoranda | ||||||
22 | which in the judgment of the commission may
be necessary | ||||||
23 | or appropriate to carry out any of the provisions of this
| ||||||
24 | Act, including, but not limited to, such forms, records, | ||||||
25 | and memoranda as
will readily and accurately disclose at | ||||||
26 | all times the beneficial
ownership of such retail licensed |
| |||||||
| |||||||
1 | business. The accounts, forms,
records, and memoranda | ||||||
2 | shall be available at all reasonable times for
inspection | ||||||
3 | by authorized representatives of the State Commission or | ||||||
4 | by
any local liquor control commissioner or his or her | ||||||
5 | authorized representative.
The commission may, from time | ||||||
6 | to time, alter, amend, or repeal, in whole
or in part, any | ||||||
7 | uniform system of accounts, or the form and manner of
| ||||||
8 | keeping accounts.
| ||||||
9 | (8) In the conduct of any hearing authorized to be | ||||||
10 | held by the State Commission, to appoint, at the | ||||||
11 | commission's discretion, hearing officers
to conduct | ||||||
12 | hearings involving complex issues or issues that will | ||||||
13 | require a
protracted period of time to resolve, to | ||||||
14 | examine, or cause to be examined,
under oath, any | ||||||
15 | licensee, and to examine or cause to be examined the books | ||||||
16 | and
records
of such licensee; to hear testimony and take | ||||||
17 | proof material for its
information in the discharge of its | ||||||
18 | duties hereunder; to administer or
cause to be | ||||||
19 | administered oaths; for any such purpose to issue
subpoena | ||||||
20 | or subpoenas to require the attendance of witnesses and | ||||||
21 | the
production of books, which shall be effective in any | ||||||
22 | part of this State, and
to adopt rules to implement its | ||||||
23 | powers under this paragraph (8).
| ||||||
24 | Any circuit court may, by order duly entered,
require | ||||||
25 | the attendance of witnesses and the production of relevant | ||||||
26 | books
subpoenaed by the State Commission and the court may |
| |||||||
| |||||||
1 | compel
obedience to its order by proceedings for contempt.
| ||||||
2 | (9) To investigate the administration of laws in | ||||||
3 | relation to
alcoholic liquors in this and other states and | ||||||
4 | any foreign countries,
and to recommend from time to time | ||||||
5 | to the Governor and through him or
her to the legislature | ||||||
6 | of this State, such amendments to this Act, if any, as
it | ||||||
7 | may think desirable and as will serve to further the | ||||||
8 | general broad
purposes contained in Section 1-2 hereof.
| ||||||
9 | (10) To adopt such rules and regulations consistent | ||||||
10 | with the
provisions of this Act which shall be necessary | ||||||
11 | for the control, sale, or
disposition of alcoholic liquor | ||||||
12 | damaged as a result of an accident, wreck,
flood, fire, or | ||||||
13 | other similar occurrence.
| ||||||
14 | (11) To develop industry educational programs related | ||||||
15 | to responsible
serving and selling, particularly in the | ||||||
16 | areas of overserving consumers and
illegal underage | ||||||
17 | purchasing and consumption of alcoholic beverages.
| ||||||
18 | (11.1) To license persons providing education and | ||||||
19 | training to alcohol
beverage sellers and servers for | ||||||
20 | mandatory and non-mandatory training under the
Beverage | ||||||
21 | Alcohol Sellers and Servers
Education and Training | ||||||
22 | (BASSET) programs and to develop and administer a public
| ||||||
23 | awareness program in Illinois to reduce or eliminate the | ||||||
24 | illegal purchase and
consumption of alcoholic beverage | ||||||
25 | products by persons under the age of 21.
Application for a | ||||||
26 | license shall be made on forms provided by the State
|
| |||||||
| |||||||
1 | Commission.
| ||||||
2 | (12) To develop and maintain a repository of license | ||||||
3 | and regulatory
information.
| ||||||
4 | (13) (Blank).
| ||||||
5 | (14) On or before April 30, 2008 and every 2 years
| ||||||
6 | thereafter, the State Commission shall present a written
| ||||||
7 | report to the Governor and the General Assembly that shall
| ||||||
8 | be based on a study of the impact of Public Act 95-634 on | ||||||
9 | the business of soliciting,
selling, and shipping wine | ||||||
10 | from inside and outside of this
State directly to | ||||||
11 | residents of this State. As part of its
report, the State | ||||||
12 | Commission shall provide all of the
following information: | ||||||
13 | (A) The amount of State excise and sales tax
| ||||||
14 | revenues generated. | ||||||
15 | (B) The amount of licensing fees received. | ||||||
16 | (C) The number of cases of wine shipped from | ||||||
17 | inside
and outside of this State directly to residents | ||||||
18 | of this
State. | ||||||
19 | (D) The number of alcohol compliance operations
| ||||||
20 | conducted. | ||||||
21 | (E) The number of winery shipper's licenses
| ||||||
22 | issued. | ||||||
23 | (F) The number of each of the following: reported
| ||||||
24 | violations; cease and desist notices issued by the
| ||||||
25 | Commission; notices of violations issued by
the | ||||||
26 | Commission and to the Department of Revenue;
and |
| |||||||
| |||||||
1 | notices and complaints of violations to law
| ||||||
2 | enforcement officials, including, without limitation,
| ||||||
3 | the Illinois Attorney General and the U.S. Department
| ||||||
4 | of Treasury's Alcohol and Tobacco Tax and Trade | ||||||
5 | Bureau. | ||||||
6 | (15) As a means to reduce the underage consumption of
| ||||||
7 | alcoholic liquors, the State Commission shall conduct
| ||||||
8 | alcohol compliance operations to investigate whether
| ||||||
9 | businesses that are soliciting, selling, and shipping wine
| ||||||
10 | from inside or outside of this State directly to residents
| ||||||
11 | of this State are licensed by this State or are selling or
| ||||||
12 | attempting to sell wine to persons under 21 years of age in
| ||||||
13 | violation of this Act. | ||||||
14 | (16) The State Commission shall, in addition to
| ||||||
15 | notifying any appropriate law enforcement agency, submit
| ||||||
16 | notices of complaints or violations of Sections 6-29 and
| ||||||
17 | 6-29.1 by persons who do not hold a winery shipper's
| ||||||
18 | license under this Act to the Illinois Attorney General | ||||||
19 | and
to the U.S. Department of Treasury's Alcohol and | ||||||
20 | Tobacco Tax and Trade Bureau. | ||||||
21 | (17)(A) A person licensed to make wine under the laws | ||||||
22 | of another state who has a winery shipper's license under | ||||||
23 | this Act and annually produces less than 25,000 gallons of | ||||||
24 | wine or a person who has a first-class or second-class | ||||||
25 | wine manufacturer's license, a first-class or second-class | ||||||
26 | wine-maker's license, or a limited wine manufacturer's |
| |||||||
| |||||||
1 | license under this Act and annually produces less than | ||||||
2 | 25,000 gallons of wine may make application to the | ||||||
3 | Commission for a self-distribution exemption to allow the | ||||||
4 | sale of not more than 5,000 gallons of the exemption | ||||||
5 | holder's wine to retail licensees per year and to sell | ||||||
6 | cider, mead, or both cider and mead to brewers, class 1 | ||||||
7 | brewers, class 2 brewers, and class 3 brewers that, | ||||||
8 | pursuant to subsection (e) of Section 6-4 of this Act, | ||||||
9 | sell beer, cider, mead, or any combination thereof to | ||||||
10 | non-licensees at their breweries. | ||||||
11 | (B) In the application, which shall be sworn under | ||||||
12 | penalty of perjury, such person shall state (1) the date | ||||||
13 | it was established; (2) its volume of production and sales | ||||||
14 | for each year since its establishment; (3) its efforts to | ||||||
15 | establish distributor relationships; (4) that a | ||||||
16 | self-distribution exemption is necessary to facilitate the | ||||||
17 | marketing of its wine; and (5) that it will comply with the | ||||||
18 | liquor and revenue laws of the United States, this State, | ||||||
19 | and any other state where it is licensed. | ||||||
20 | (C) The State Commission shall approve the application | ||||||
21 | for a self-distribution exemption if such person: (1) is | ||||||
22 | in compliance with State revenue and liquor laws; (2) is | ||||||
23 | not a member of any affiliated group that produces | ||||||
24 | directly or indirectly more than 25,000 gallons of wine | ||||||
25 | per annum, 930,000 gallons of beer per annum, or 50,000 | ||||||
26 | gallons of spirits per annum; (3) will not annually |
| |||||||
| |||||||
1 | produce for sale more than 25,000 gallons of wine, 930,000 | ||||||
2 | gallons of beer, or 50,000 gallons of spirits; and (4) | ||||||
3 | will not annually sell more than 5,000 gallons of its wine | ||||||
4 | to retail licensees. | ||||||
5 | (D) A self-distribution exemption holder shall | ||||||
6 | annually certify to the State Commission its production of | ||||||
7 | wine in the previous 12 months and its anticipated | ||||||
8 | production and sales for the next 12 months. The State | ||||||
9 | Commission may fine, suspend, or revoke a | ||||||
10 | self-distribution exemption after a hearing if it finds | ||||||
11 | that the exemption holder has made a material | ||||||
12 | misrepresentation in its application, violated a revenue | ||||||
13 | or liquor law of Illinois, exceeded production of 25,000 | ||||||
14 | gallons of wine, 930,000 gallons of beer, or 50,000 | ||||||
15 | gallons of spirits in any calendar year, or become part of | ||||||
16 | an affiliated group producing more than 25,000 gallons of | ||||||
17 | wine, 930,000 gallons of beer, or 50,000 gallons of | ||||||
18 | spirits. | ||||||
19 | (E) Except in hearings for violations of this Act or | ||||||
20 | Public Act 95-634 or a bona fide investigation by duly | ||||||
21 | sworn law enforcement officials, the State Commission, or | ||||||
22 | its agents, the State Commission shall maintain the | ||||||
23 | production and sales information of a self-distribution | ||||||
24 | exemption holder as confidential and shall not release | ||||||
25 | such information to any person. | ||||||
26 | (F) The State Commission shall issue regulations |
| |||||||
| |||||||
1 | governing self-distribution exemptions consistent with | ||||||
2 | this Section and this Act. | ||||||
3 | (G) Nothing in this paragraph (17) shall prohibit a | ||||||
4 | self-distribution exemption holder from entering into or | ||||||
5 | simultaneously having a distribution agreement with a | ||||||
6 | licensed Illinois distributor. | ||||||
7 | (H) It is the intent of this paragraph (17) to promote | ||||||
8 | and continue orderly markets. The General Assembly finds | ||||||
9 | that, in order to preserve Illinois' regulatory | ||||||
10 | distribution system, it is necessary to create an | ||||||
11 | exception for smaller makers of wine as their wines are | ||||||
12 | frequently adjusted in varietals, mixes, vintages, and | ||||||
13 | taste to find and create market niches sometimes too small | ||||||
14 | for distributor or importing distributor business | ||||||
15 | strategies. Limited self-distribution rights will afford | ||||||
16 | and allow smaller makers of wine access to the marketplace | ||||||
17 | in order to develop a customer base without impairing the | ||||||
18 | integrity of the 3-tier system.
| ||||||
19 | (18)(A) A class 1 brewer licensee, who must also be | ||||||
20 | either a licensed brewer or licensed non-resident dealer | ||||||
21 | and annually manufacture less than 930,000 gallons of | ||||||
22 | beer, may make application to the State Commission for a | ||||||
23 | self-distribution exemption to allow the sale of not more | ||||||
24 | than 232,500 gallons per year of the exemption holder's | ||||||
25 | beer to retail licensees and to brewers, class 1 brewers, | ||||||
26 | and class 2 brewers that, pursuant to subsection (e) of |
| |||||||
| |||||||
1 | Section 6-4 of this Act, sell beer, cider, , mead, or any | ||||||
2 | combination thereof to non-licensees at their breweries. | ||||||
3 | (B) In the application, which shall be sworn under | ||||||
4 | penalty of perjury, the class 1 brewer licensee shall | ||||||
5 | state (1) the date it was established; (2) its volume of | ||||||
6 | beer manufactured and sold for each year since its | ||||||
7 | establishment; (3) its efforts to establish distributor | ||||||
8 | relationships; (4) that a self-distribution exemption is | ||||||
9 | necessary to facilitate the marketing of its beer; and (5) | ||||||
10 | that it will comply with the alcoholic beverage and | ||||||
11 | revenue laws of the United States, this State, and any | ||||||
12 | other state where it is licensed. | ||||||
13 | (C) Any application submitted shall be posted on the | ||||||
14 | State Commission's website at least 45 days prior to | ||||||
15 | action by the State Commission. The State Commission shall | ||||||
16 | approve the application for a self-distribution exemption | ||||||
17 | if the class 1 brewer licensee: (1) is in compliance with | ||||||
18 | the State, revenue, and alcoholic beverage laws; (2) is | ||||||
19 | not a member of any affiliated group that manufactures, | ||||||
20 | directly or indirectly, more than 930,000 gallons of beer | ||||||
21 | per annum, 25,000 gallons of wine per annum, or 50,000 | ||||||
22 | gallons of spirits per annum; (3) shall not annually | ||||||
23 | manufacture for sale more than 930,000 gallons of beer, | ||||||
24 | 25,000 gallons of wine, or 50,000 gallons of spirits; (4) | ||||||
25 | shall not annually sell more than 232,500 gallons of its | ||||||
26 | beer to retail licensees and class 3 brewers and to |
| |||||||
| |||||||
1 | brewers, class 1 brewers, and class 2 brewers that, | ||||||
2 | pursuant to subsection (e) of Section 6-4 of this Act, | ||||||
3 | sell beer, cider, mead, or any combination thereof to | ||||||
4 | non-licensees at their breweries; and (5) has relinquished | ||||||
5 | any brew pub license held by the licensee, including any | ||||||
6 | ownership interest it held in the licensed brew pub. | ||||||
7 | (D) A self-distribution exemption holder shall | ||||||
8 | annually certify to the State Commission its manufacture | ||||||
9 | of beer during the previous 12 months and its anticipated | ||||||
10 | manufacture and sales of beer for the next 12 months. The | ||||||
11 | State Commission may fine, suspend, or revoke a | ||||||
12 | self-distribution exemption after a hearing if it finds | ||||||
13 | that the exemption holder has made a material | ||||||
14 | misrepresentation in its application, violated a revenue | ||||||
15 | or alcoholic beverage law of Illinois, exceeded the | ||||||
16 | manufacture of 930,000 gallons of beer, 25,000 gallons of | ||||||
17 | wine, or 50,000 gallons of spirits in any calendar year or | ||||||
18 | became part of an affiliated group manufacturing more than | ||||||
19 | 930,000 gallons of beer, 25,000 gallons of wine, or 50,000 | ||||||
20 | gallons of spirits. | ||||||
21 | (E) The State Commission shall issue rules and | ||||||
22 | regulations governing self-distribution exemptions | ||||||
23 | consistent with this Act. | ||||||
24 | (F) Nothing in this paragraph (18) shall prohibit a | ||||||
25 | self-distribution exemption holder from entering into or | ||||||
26 | simultaneously having a distribution agreement with a |
| |||||||
| |||||||
1 | licensed Illinois importing distributor or a distributor. | ||||||
2 | If a self-distribution exemption holder enters into a | ||||||
3 | distribution agreement and has assigned distribution | ||||||
4 | rights to an importing distributor or distributor, then | ||||||
5 | the self-distribution exemption holder's distribution | ||||||
6 | rights in the assigned territories shall cease in a | ||||||
7 | reasonable time not to exceed 60 days. | ||||||
8 | (G) It is the intent of this paragraph (18) to promote | ||||||
9 | and continue orderly markets. The General Assembly finds | ||||||
10 | that in order to preserve Illinois' regulatory | ||||||
11 | distribution system, it is necessary to create an | ||||||
12 | exception for smaller manufacturers in order to afford and | ||||||
13 | allow such smaller manufacturers of beer access to the | ||||||
14 | marketplace in order to develop a customer base without | ||||||
15 | impairing the integrity of the 3-tier system. | ||||||
16 | (19)(A) A class 1 craft distiller licensee or a | ||||||
17 | non-resident dealer who manufactures less than 50,000 | ||||||
18 | gallons of distilled spirits per year may make application | ||||||
19 | to the State Commission for a self-distribution exemption | ||||||
20 | to allow the sale of not more
than 5,000 gallons of the | ||||||
21 | exemption holder's spirits to retail licensees per year. | ||||||
22 | (B) In the application, which shall be sworn under | ||||||
23 | penalty of perjury, the class 1 craft distiller licensee | ||||||
24 | or non-resident dealer shall state (1) the date it was | ||||||
25 | established; (2) its volume of spirits manufactured and | ||||||
26 | sold for each year since its establishment; (3) its |
| |||||||
| |||||||
1 | efforts to establish distributor relationships; (4) that a | ||||||
2 | self-distribution exemption is necessary to facilitate the | ||||||
3 | marketing of its spirits; and (5) that it will comply with | ||||||
4 | the alcoholic beverage and revenue laws of the United | ||||||
5 | States, this State, and any other state where it is | ||||||
6 | licensed. | ||||||
7 | (C) Any application submitted shall be posted on the | ||||||
8 | State Commission's website at least 45 days prior to | ||||||
9 | action by the State Commission. The State Commission shall | ||||||
10 | approve the application for a self-distribution exemption | ||||||
11 | if the applicant: (1) is in compliance with State revenue | ||||||
12 | and alcoholic beverage laws; (2) is not a member of any | ||||||
13 | affiliated group that produces more than 50,000 gallons of | ||||||
14 | spirits per annum, 930,000 gallons of beer per annum, or | ||||||
15 | 25,000 gallons of wine per annum; (3) does not annually | ||||||
16 | manufacture for sale more than 50,000 gallons of spirits, | ||||||
17 | 930,000 gallons of beer, or 25,000 gallons of wine; and | ||||||
18 | (4) does not annually sell more than 5,000 gallons of its | ||||||
19 | spirits to retail licensees. | ||||||
20 | (D) A self-distribution exemption holder shall | ||||||
21 | annually certify to the State Commission its manufacture | ||||||
22 | of spirits during the previous 12 months and its | ||||||
23 | anticipated manufacture and sales of spirits for the next | ||||||
24 | 12 months. The State Commission may fine, suspend, or | ||||||
25 | revoke a self-distribution exemption after a hearing if it | ||||||
26 | finds that the exemption holder has made a material |
| |||||||
| |||||||
1 | misrepresentation in its application, violated a revenue | ||||||
2 | or alcoholic beverage law of Illinois, exceeded the | ||||||
3 | manufacture of 50,000 gallons of spirits, 930,000 gallons | ||||||
4 | of beer, or 25,000 gallons of wine in any calendar year, or | ||||||
5 | has become part of an affiliated group manufacturing more | ||||||
6 | than 50,000 gallons of spirits, 930,000 gallons of beer, | ||||||
7 | or 25,000 gallons of wine. | ||||||
8 | (E) The State Commission shall adopt rules governing | ||||||
9 | self-distribution exemptions consistent with this Act. | ||||||
10 | (F) Nothing in this paragraph (19) shall prohibit a | ||||||
11 | self-distribution exemption holder from entering into or | ||||||
12 | simultaneously having a distribution agreement with a | ||||||
13 | licensed Illinois importing distributor or a distributor. | ||||||
14 | (G) It is the intent of this paragraph (19) to promote | ||||||
15 | and continue orderly markets. The General Assembly finds | ||||||
16 | that in order to preserve Illinois' regulatory | ||||||
17 | distribution system, it is necessary to create an | ||||||
18 | exception for smaller manufacturers in order to afford and | ||||||
19 | allow such smaller manufacturers of spirits access to the | ||||||
20 | marketplace in order to develop a customer base without | ||||||
21 | impairing the
integrity of the 3-tier system. | ||||||
22 | (20)(A) A class 3 brewer licensee who must manufacture | ||||||
23 | less than 465,000 gallons of beer in the aggregate and not | ||||||
24 | more than 155,000 gallons at any single brewery premises | ||||||
25 | may make application to the State Commission for a | ||||||
26 | self-distribution exemption to allow the sale of not more |
| |||||||
| |||||||
1 | than 6,200 gallons of beer from each in-state or | ||||||
2 | out-of-state class 3 brewery premises, which shall not | ||||||
3 | exceed 18,600 gallons annually in the aggregate, that is | ||||||
4 | manufactured at a wholly owned class 3 brewer's in-state | ||||||
5 | or out-of-state licensed premises to retail licensees and | ||||||
6 | class 3 brewers and to brewers, class 1 brewers, class 2 | ||||||
7 | brewers that, pursuant to subsection (e) of Section 6-4, | ||||||
8 | sell beer, cider, or both beer and cider to non-licensees | ||||||
9 | at their licensed breweries. | ||||||
10 | (B) In the application, which shall be sworn under | ||||||
11 | penalty of perjury, the class 3 brewer licensee shall | ||||||
12 | state: | ||||||
13 | (1) the date it was established; | ||||||
14 | (2) its volume of beer manufactured and sold for | ||||||
15 | each year since its establishment; | ||||||
16 | (3) its efforts to establish distributor | ||||||
17 | relationships; | ||||||
18 | (4) that a self-distribution exemption is | ||||||
19 | necessary to facilitate the marketing of its beer; and | ||||||
20 | (5) that it will comply with the alcoholic | ||||||
21 | beverage and revenue laws of the United States, this | ||||||
22 | State, and any other state where it is licensed. | ||||||
23 | (C) Any application submitted shall be posted on the | ||||||
24 | State Commission's website at least 45 days before action | ||||||
25 | by the State Commission. The State Commission shall | ||||||
26 | approve the application for a self-distribution exemption |
| |||||||
| |||||||
1 | if the class 3 brewer licensee: (1) is in compliance with | ||||||
2 | the State, revenue, and alcoholic beverage laws; (2) is | ||||||
3 | not a member of any affiliated group that manufacturers, | ||||||
4 | directly or indirectly, more than 465,000 gallons of beer | ||||||
5 | per annum ; , (3) shall not annually manufacture for sale | ||||||
6 | more than 465,000 gallons of beer or more than 155,000 | ||||||
7 | gallons at any single brewery premises; and (4) shall not | ||||||
8 | annually sell more than 6,200 gallons of beer from each | ||||||
9 | in-state or out-of-state class 3 brewery premises, and | ||||||
10 | shall not exceed 18,600 gallons annually in the aggregate, | ||||||
11 | to retail licensees and class 3 brewers and to brewers, | ||||||
12 | class 1 brewers, and class 2 brewers that, pursuant to | ||||||
13 | subsection (e) of Section 6-4 of this Act, sell beer, | ||||||
14 | cider, or both beer and cider to non-licensees at their | ||||||
15 | breweries. | ||||||
16 | (D) A self-distribution exemption holder shall | ||||||
17 | annually certify to the State Commission its manufacture | ||||||
18 | of beer during the previous 12 months and its anticipated | ||||||
19 | manufacture and sales of beer for the next 12 months. The | ||||||
20 | State Commission may fine, suspend, or revoke a | ||||||
21 | self-distribution exemption after a hearing if it finds | ||||||
22 | that the exemption holder has made a material | ||||||
23 | misrepresentation in its application, violated a revenue | ||||||
24 | or alcoholic beverage law of Illinois, exceeded the | ||||||
25 | manufacture of 465,000 gallons of beer in any calendar | ||||||
26 | year or became part of an affiliated group manufacturing |
| |||||||
| |||||||
1 | more than 465,000 gallons of beer, or exceeded the sale to | ||||||
2 | retail licensees, brewers, class 1 brewers, class 2 | ||||||
3 | brewers, and class 3 brewers of 6,200 gallons per brewery | ||||||
4 | location or 18,600 gallons in the aggregate. | ||||||
5 | (E) The State Commission may adopt rules governing | ||||||
6 | self-distribution exemptions consistent with this Act. | ||||||
7 | (F) Nothing in this paragraph shall prohibit a | ||||||
8 | self-distribution exemption holder from entering into or | ||||||
9 | simultaneously having a distribution agreement with a | ||||||
10 | licensed Illinois importing distributor or a distributor. | ||||||
11 | If a self-distribution exemption holder enters into a | ||||||
12 | distribution agreement and has assigned distribution | ||||||
13 | rights to an importing distributor or distributor, then | ||||||
14 | the self-distribution exemption holder's distribution | ||||||
15 | rights in the assigned territories shall cease in a | ||||||
16 | reasonable time not to exceed 60 days. | ||||||
17 | (G) It is the intent of this paragraph to promote and | ||||||
18 | continue orderly markets. The General Assembly finds that | ||||||
19 | in order to preserve Illinois' regulatory distribution | ||||||
20 | system, it is necessary to create an exception for smaller | ||||||
21 | manufacturers in order to afford and allow such smaller | ||||||
22 | manufacturers of beer access to the marketplace in order | ||||||
23 | to develop a customer base without impairing the integrity | ||||||
24 | of the 3-tier system. | ||||||
25 | (b) On or before April 30, 1999, the Commission shall | ||||||
26 | present a written
report to the Governor and the General |
| |||||||
| |||||||
1 | Assembly that shall be based on a study
of the impact of Public | ||||||
2 | Act 90-739 on the business of soliciting,
selling, and | ||||||
3 | shipping
alcoholic liquor from outside of this State directly | ||||||
4 | to residents of this
State.
| ||||||
5 | As part of its report, the Commission shall provide the | ||||||
6 | following
information:
| ||||||
7 | (i) the amount of State excise and sales tax revenues | ||||||
8 | generated as a
result of Public Act 90-739;
| ||||||
9 | (ii) the amount of licensing fees received as a result | ||||||
10 | of Public Act 90-739;
| ||||||
11 | (iii) the number of reported violations, the number of | ||||||
12 | cease and desist
notices issued by the Commission, the | ||||||
13 | number of notices of violations issued
to the Department | ||||||
14 | of Revenue, and the number of notices and complaints of
| ||||||
15 | violations to law enforcement officials.
| ||||||
16 | (Source: P.A. 101-37, eff. 7-3-19; 101-81, eff. 7-12-19; | ||||||
17 | 101-482, eff. 8-23-19; 102-442, eff. 8-20-21; 102-558, eff. | ||||||
18 | 8-20-21; revised 12-13-21.)
| ||||||
19 | (235 ILCS 5/6-5) (from Ch. 43, par. 122)
| ||||||
20 | Sec. 6-5.
Except as otherwise provided in this Section, it | ||||||
21 | is unlawful
for any person having a retailer's license or
any | ||||||
22 | officer, associate, member, representative or agent of such | ||||||
23 | licensee
to accept, receive or borrow money, or anything else | ||||||
24 | of value, or accept
or receive credit (other than | ||||||
25 | merchandising credit in the ordinary
course of business for a |
| |||||||
| |||||||
1 | period not to exceed 30 days) directly or
indirectly from any | ||||||
2 | manufacturer, importing distributor or distributor
of | ||||||
3 | alcoholic liquor, or from any person connected with or in any | ||||||
4 | way
representing, or from any member of the family of, such | ||||||
5 | manufacturer,
importing distributor, distributor or | ||||||
6 | wholesaler, or from any
stockholders in any corporation | ||||||
7 | engaged in manufacturing, distributing
or wholesaling of such | ||||||
8 | liquor, or from any officer, manager, agent or
representative | ||||||
9 | of said manufacturer. Except as provided below, it is
unlawful | ||||||
10 | for any manufacturer
or distributor or importing distributor | ||||||
11 | to give or lend money or
anything of value, or otherwise loan | ||||||
12 | or extend credit (except such
merchandising credit) directly | ||||||
13 | or indirectly to any retail licensee or
to the manager, | ||||||
14 | representative, agent, officer or director of such
licensee. A | ||||||
15 | manufacturer, distributor or importing distributor may furnish
| ||||||
16 | free advertising, posters,
signs, brochures, hand-outs, or | ||||||
17 | other promotional devices or materials to
any unit of | ||||||
18 | government owning or operating any auditorium, exhibition | ||||||
19 | hall,
recreation facility or other similar facility holding a | ||||||
20 | retailer's license,
provided that the primary purpose of such | ||||||
21 | promotional devices or materials
is to promote public events | ||||||
22 | being held at such facility. A unit of government
owning or | ||||||
23 | operating such a facility holding a retailer's license may | ||||||
24 | accept
such promotional devices or materials designed | ||||||
25 | primarily to promote public
events held at the facility. No | ||||||
26 | retail licensee delinquent beyond the
30 day period specified |
| |||||||
| |||||||
1 | in this Section shall
solicit, accept or receive credit, | ||||||
2 | purchase or acquire alcoholic
liquors, directly or indirectly | ||||||
3 | from any other licensee, and no
manufacturer, distributor or | ||||||
4 | importing distributor shall knowingly grant
or extend credit, | ||||||
5 | sell, furnish or supply alcoholic liquors to any such
| ||||||
6 | delinquent retail licensee; provided that the purchase price | ||||||
7 | of all beer
sold to a retail licensee shall be paid by the | ||||||
8 | retail licensee in cash
on or before delivery of the beer, and | ||||||
9 | unless the purchase price payable
by a retail licensee for | ||||||
10 | beer sold to him in returnable bottles shall
expressly include | ||||||
11 | a charge for the bottles and cases, the retail
licensee shall, | ||||||
12 | on or before delivery of such beer, pay the seller in
cash a | ||||||
13 | deposit in an amount not less than the deposit required to be
| ||||||
14 | paid by the distributor to the brewer; but where the brewer | ||||||
15 | sells direct
to the retailer, the deposit shall be an amount no | ||||||
16 | less than that
required by the brewer from his own | ||||||
17 | distributors; and provided further,
that in no instance shall | ||||||
18 | this deposit be less than 50 cents for each
case of beer in | ||||||
19 | pint or smaller bottles and 60 cents for each case of
beer in | ||||||
20 | quart or half-gallon bottles; and provided further, that the
| ||||||
21 | purchase price of all beer sold to an importing distributor or
| ||||||
22 | distributor shall be paid by such importing distributor or | ||||||
23 | distributor
in cash on or before the 15th day (Sundays and | ||||||
24 | holidays excepted) after
delivery of such beer to such | ||||||
25 | purchaser; and unless the purchase price
payable by such | ||||||
26 | importing distributor or distributor for beer sold in
|
| |||||||
| |||||||
1 | returnable bottles and cases shall expressly include a charge | ||||||
2 | for the
bottles and cases, such importing distributor or | ||||||
3 | distributor shall, on
or before the 15th day (Sundays and | ||||||
4 | holidays excepted) after delivery of
such beer to such | ||||||
5 | purchaser, pay the seller in cash a required amount as
a | ||||||
6 | deposit to assure the return of such bottles and cases. | ||||||
7 | Nothing herein
contained shall prohibit any licensee from | ||||||
8 | crediting or refunding to a
purchaser the actual amount of | ||||||
9 | money paid for bottles, cases, kegs or
barrels returned by the | ||||||
10 | purchaser to the seller or paid by the purchaser
as a deposit | ||||||
11 | on bottles, cases, kegs or barrels, when such containers or
| ||||||
12 | packages are returned to the seller. Nothing herein contained | ||||||
13 | shall
prohibit any manufacturer, importing distributor or | ||||||
14 | distributor from
extending usual and customary credit for | ||||||
15 | alcoholic liquor sold to
customers or purchasers who live in | ||||||
16 | or maintain places of business
outside of this State when such | ||||||
17 | alcoholic liquor is actually transported
and delivered to such | ||||||
18 | points outside of this State.
| ||||||
19 | A manufacturer, distributor, or importing distributor may | ||||||
20 | furnish free social media advertising to a retail licensee if | ||||||
21 | the social media advertisement does not contain the retail | ||||||
22 | price of any alcoholic liquor and the social media | ||||||
23 | advertisement complies with any applicable rules or | ||||||
24 | regulations issued by the Alcohol and Tobacco Tax and Trade | ||||||
25 | Bureau of the United States Department of the Treasury. A | ||||||
26 | manufacturer, distributor, or importing distributor may list |
| |||||||
| |||||||
1 | the names of one or more unaffiliated retailers in the | ||||||
2 | advertisement of alcoholic liquor through social media. | ||||||
3 | Nothing in this Section shall prohibit a retailer from | ||||||
4 | communicating with a manufacturer, distributor, or importing | ||||||
5 | distributor on social media or sharing media on the social | ||||||
6 | media of a manufacturer, distributor, or importing | ||||||
7 | distributor. A retailer may request free social media | ||||||
8 | advertising from a manufacturer, distributor, or importing | ||||||
9 | distributor. Nothing in this Section shall prohibit a | ||||||
10 | manufacturer, distributor, or importing distributor from | ||||||
11 | sharing, reposting, or otherwise forwarding a social media | ||||||
12 | post by a retail licensee, so long as the sharing, reposting, | ||||||
13 | or forwarding of the social media post does not contain the | ||||||
14 | retail price of any alcoholic liquor. No manufacturer, | ||||||
15 | distributor, or importing distributor shall pay or reimburse a | ||||||
16 | retailer, directly or indirectly, for any social media | ||||||
17 | advertising services, except as specifically permitted in this | ||||||
18 | Act. No retailer shall accept any payment or reimbursement, | ||||||
19 | directly or indirectly, for any social media advertising | ||||||
20 | services offered by a manufacturer, distributor, or importing | ||||||
21 | distributor, except as specifically permitted in this Act. For | ||||||
22 | the purposes of this Section, "social media" means a service, | ||||||
23 | platform, or site where users communicate with one another and | ||||||
24 | share media, such as pictures, videos, music, and blogs, with | ||||||
25 | other users free of charge. | ||||||
26 | No right of action shall exist for the collection of any |
| |||||||
| |||||||
1 | claim based
upon credit extended to a distributor, importing | ||||||
2 | distributor or retail
licensee contrary to the provisions of | ||||||
3 | this Section.
| ||||||
4 | Every manufacturer, importing distributor and distributor | ||||||
5 | shall
submit or cause to be submitted, to the State | ||||||
6 | Commission, in triplicate,
not later than Thursday of each | ||||||
7 | calendar week, a verified written list
of the names and | ||||||
8 | respective addresses of each retail licensee purchasing
| ||||||
9 | spirits or wine from such manufacturer, importing distributor | ||||||
10 | or
distributor who, on the first business day of that calendar | ||||||
11 | week, was
delinquent beyond the above mentioned permissible | ||||||
12 | merchandising credit
period of 30 days; or, if such is the | ||||||
13 | fact, a verified written statement
that no retail licensee | ||||||
14 | purchasing spirits or wine was then delinquent
beyond such | ||||||
15 | permissible merchandising credit period of 30 days.
| ||||||
16 | Every manufacturer, importing distributor and distributor | ||||||
17 | shall
submit or cause to be submitted, to the State | ||||||
18 | Commission, in triplicate,
a verified written list of the | ||||||
19 | names and respective addresses of each
previously reported | ||||||
20 | delinquent retail licensee who has cured such
delinquency by | ||||||
21 | payment, which list shall be submitted not later than the
| ||||||
22 | close of the second full business day following the day such | ||||||
23 | delinquency
was so cured.
| ||||||
24 | The written list of delinquent retail licensees shall be | ||||||
25 | developed, administered, and maintained only by the State | ||||||
26 | Commission. The State Commission shall notify each retail |
| |||||||
| |||||||
1 | licensee that it has been placed on the delinquency list. | ||||||
2 | Determinations of delinquency or nondelinquency shall be made | ||||||
3 | only by the State Commission. | ||||||
4 | Such written verified reports required to be submitted by | ||||||
5 | this
Section shall be posted by the State Commission in each of | ||||||
6 | its offices
in places available for public inspection not | ||||||
7 | later than the day
following receipt thereof by the State | ||||||
8 | Commission. The reports so posted shall
constitute notice to | ||||||
9 | every manufacturer, importing distributor and
distributor of | ||||||
10 | the information contained therein. Actual notice to
| ||||||
11 | manufacturers, importing distributors and distributors of the
| ||||||
12 | information contained in any such posted reports, however | ||||||
13 | received,
shall also constitute notice of such information.
| ||||||
14 | The 30-day 30 day merchandising credit period allowed by | ||||||
15 | this Section shall
commence with the day immediately following | ||||||
16 | the date of invoice and
shall include all successive days | ||||||
17 | including Sundays and holidays to and
including the 30th | ||||||
18 | successive day.
| ||||||
19 | In addition to other methods allowed by law, payment by | ||||||
20 | check or credit card during
the period for which merchandising | ||||||
21 | credit may be extended under the
provisions of this Section | ||||||
22 | shall be considered payment. All checks
received in payment | ||||||
23 | for alcoholic liquor shall be promptly deposited for
| ||||||
24 | collection. A post dated check or a check dishonored on | ||||||
25 | presentation for
payment shall not be deemed payment.
| ||||||
26 | A credit card payment in dispute by a retailer shall not be |
| |||||||
| |||||||
1 | deemed payment, and the debt uncured for merchandising credit | ||||||
2 | shall be reported as delinquent. Nothing in this Section shall | ||||||
3 | prevent a distributor, self-distributing manufacturer, or | ||||||
4 | importing distributor from assessing a usual and customary | ||||||
5 | transaction fee representative of the actual finance charges | ||||||
6 | incurred for processing a credit card payment. This | ||||||
7 | transaction fee shall be disclosed on the invoice. It shall be | ||||||
8 | considered unlawful for a distributor, importing distributor, | ||||||
9 | or self-distributing manufacturer to waive finance charges for | ||||||
10 | retailers. | ||||||
11 | A retail licensee shall not be deemed to be delinquent in | ||||||
12 | payment for
any alleged sale to him of alcoholic liquor when | ||||||
13 | there exists a bona fide
dispute between such retailer and a | ||||||
14 | manufacturer, importing distributor
or distributor with | ||||||
15 | respect to the amount of indebtedness existing
because of such | ||||||
16 | alleged sale. A retail licensee shall not be deemed to be | ||||||
17 | delinquent under this provision and 11 Ill. Adm. Code 100.90 | ||||||
18 | until 30 days after the date on which the region in which the | ||||||
19 | retail licensee is located enters Phase 4 of the Governor's | ||||||
20 | Restore Illinois Plan as issued on May 5, 2020. | ||||||
21 | A delinquent retail licensee who engages in the retail | ||||||
22 | liquor
business at 2 or more locations shall be deemed to be | ||||||
23 | delinquent with
respect to each such location.
| ||||||
24 | The license of any person who violates any provision of | ||||||
25 | this Section
shall be subject to suspension or revocation in | ||||||
26 | the manner provided by
this Act.
|
| |||||||
| |||||||
1 | If any part or provision of this Article or the | ||||||
2 | application thereof
to any person or circumstances shall be | ||||||
3 | adjudged invalid by a court of
competent jurisdiction, such | ||||||
4 | judgment shall be confined by its operation
to the controversy | ||||||
5 | in which it was mentioned and shall not affect or
invalidate | ||||||
6 | the remainder of this Article or the application thereof to
| ||||||
7 | any other person or circumstance and to this and the | ||||||
8 | provisions of this
Article are declared severable.
| ||||||
9 | (Source: P.A. 101-631, eff. 6-2-20; 102-8, eff. 6-2-21; | ||||||
10 | 102-442, eff. 1-1-22; revised 9-21-21.)
| ||||||
11 | (235 ILCS 5/6-37) | ||||||
12 | Sec. 6-37. (Repealed). | ||||||
13 | (Source: P.A. 102-8, eff. 6-2-21. Repealed internally, eff. | ||||||
14 | 7-11-21.)
| ||||||
15 | (235 ILCS 5/6-37.5)
| ||||||
16 | Sec. 6-37.5 6-37 . Transfer of wine or spirits by a retail | ||||||
17 | licensee with multiple licenses. | ||||||
18 | (a) No original package of wine or spirits may be | ||||||
19 | transferred from one retail licensee to any other retail | ||||||
20 | licensee without prior permission from the State Commission; | ||||||
21 | however, if the same retailer owns more than one licensed | ||||||
22 | retail location, an off-premise retailer may transfer up to 3% | ||||||
23 | of its average monthly purchases by volume and an on-premise | ||||||
24 | retailer may transfer up to 5% of its average monthly |
| |||||||
| |||||||
1 | purchases by volume of original package of wine or spirits | ||||||
2 | from one or more of such retailer's licensed locations to | ||||||
3 | another of that retailer's licensed locations each month | ||||||
4 | without prior permission from the State Commission, subject to | ||||||
5 | the following conditions: | ||||||
6 | (1) notice is provided to the distributor responsible | ||||||
7 | for the geographic area of the brand, size, and quantity | ||||||
8 | of the wine or spirits to be transferred within the | ||||||
9 | geographic area; and | ||||||
10 | (2) the transfer is made by common carrier, a licensed | ||||||
11 | distributor's or importing distributor's vehicle, or a | ||||||
12 | vehicle owned and operated by the licensee. | ||||||
13 | (b) All transfers must be properly documented on a form | ||||||
14 | provided by the State Commission that includes the following | ||||||
15 | information: | ||||||
16 | (1) the license number of the retail licensee's | ||||||
17 | location from which the transfer is to be made and the | ||||||
18 | license number of the retail licensee's location to which | ||||||
19 | the transfer is to be made; | ||||||
20 | (2) the brand, size, and quantity of the wine or | ||||||
21 | spirits to be transferred; and | ||||||
22 | (3) the date the transfer is made. | ||||||
23 | (c) A retail licensee location that transfers or receives | ||||||
24 | an original package of wine or spirits as authorized by this | ||||||
25 | Section shall not be deemed to be engaged in business as a | ||||||
26 | wholesaler or distributor based upon the transfer authorized |
| |||||||
| |||||||
1 | by this Section. | ||||||
2 | (d) A transfer authorized by this Section shall not be | ||||||
3 | deemed a sale. | ||||||
4 | (e) A retailer that is delinquent in payment pursuant to | ||||||
5 | Section 6-5 shall be prohibited from transferring wine or | ||||||
6 | spirits to a commonly owned retailer pursuant to this Section | ||||||
7 | until the indebtedness is cured. | ||||||
8 | (f) As used in this Section: | ||||||
9 | "Average monthly purchases" is calculated using a 12-month | ||||||
10 | rolling average of the total volume purchased over the 12 most | ||||||
11 | recent months previous to the month in which the transfer is | ||||||
12 | made and dividing that total by 12. | ||||||
13 | "Month" means a calendar month.
| ||||||
14 | (Source: P.A. 102-442, eff. 8-20-21; revised 11-10-21.)
| ||||||
15 | Section 505. The Illinois Public Aid Code is amended by | ||||||
16 | changing Sections 5-2, 5-4.2, 5-5, 5-5f, 5-16.8, 5-30.1, | ||||||
17 | 9A-11, 10-1, and 12-4.35 and by setting forth and renumbering | ||||||
18 | multiple versions of Sections 5-5.12d, 5-41, and 12-4.54 as | ||||||
19 | follows:
| ||||||
20 | (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
| ||||||
21 | Sec. 5-2. Classes of persons eligible. Medical assistance | ||||||
22 | under this
Article shall be available to any of the following | ||||||
23 | classes of persons in
respect to whom a plan for coverage has | ||||||
24 | been submitted to the Governor
by the Illinois Department and |
| |||||||
| |||||||
1 | approved by him. If changes made in this Section 5-2 require | ||||||
2 | federal approval, they shall not take effect until such | ||||||
3 | approval has been received:
| ||||||
4 | 1. Recipients of basic maintenance grants under | ||||||
5 | Articles III and IV.
| ||||||
6 | 2. Beginning January 1, 2014, persons otherwise | ||||||
7 | eligible for basic maintenance under Article
III, | ||||||
8 | excluding any eligibility requirements that are | ||||||
9 | inconsistent with any federal law or federal regulation, | ||||||
10 | as interpreted by the U.S. Department of Health and Human | ||||||
11 | Services, but who fail to qualify thereunder on the basis | ||||||
12 | of need, and
who have insufficient income and resources to | ||||||
13 | meet the costs of
necessary medical care, including, but | ||||||
14 | not limited to, the following:
| ||||||
15 | (a) All persons otherwise eligible for basic | ||||||
16 | maintenance under Article
III but who fail to qualify | ||||||
17 | under that Article on the basis of need and who
meet | ||||||
18 | either of the following requirements:
| ||||||
19 | (i) their income, as determined by the | ||||||
20 | Illinois Department in
accordance with any federal | ||||||
21 | requirements, is equal to or less than 100% of the | ||||||
22 | federal poverty level; or
| ||||||
23 | (ii) their income, after the deduction of | ||||||
24 | costs incurred for medical
care and for other | ||||||
25 | types of remedial care, is equal to or less than | ||||||
26 | 100% of the federal poverty level.
|
| |||||||
| |||||||
1 | (b) (Blank).
| ||||||
2 | 3. (Blank).
| ||||||
3 | 4. Persons not eligible under any of the preceding | ||||||
4 | paragraphs who fall
sick, are injured, or die, not having | ||||||
5 | sufficient money, property or other
resources to meet the | ||||||
6 | costs of necessary medical care or funeral and burial
| ||||||
7 | expenses.
| ||||||
8 | 5.(a) Beginning January 1, 2020, individuals during | ||||||
9 | pregnancy and during the
12-month period beginning on the | ||||||
10 | last day of the pregnancy, together with
their infants,
| ||||||
11 | whose income is at or below 200% of the federal poverty | ||||||
12 | level. Until September 30, 2019, or sooner if the | ||||||
13 | maintenance of effort requirements under the Patient | ||||||
14 | Protection and Affordable Care Act are eliminated or may | ||||||
15 | be waived before then, individuals during pregnancy and | ||||||
16 | during the 12-month period beginning on the last day of | ||||||
17 | the pregnancy, whose countable monthly income, after the | ||||||
18 | deduction of costs incurred for medical care and for other | ||||||
19 | types of remedial care as specified in administrative | ||||||
20 | rule, is equal to or less than the Medical Assistance-No | ||||||
21 | Grant(C) (MANG(C)) Income Standard in effect on April 1, | ||||||
22 | 2013 as set forth in administrative rule.
| ||||||
23 | (b) The plan for coverage shall provide ambulatory | ||||||
24 | prenatal care to pregnant individuals during a
presumptive | ||||||
25 | eligibility period and establish an income eligibility | ||||||
26 | standard
that is equal to 200% of the federal poverty |
| |||||||
| |||||||
1 | level, provided that costs incurred
for medical care are | ||||||
2 | not taken into account in determining such income
| ||||||
3 | eligibility.
| ||||||
4 | (c) The Illinois Department may conduct a | ||||||
5 | demonstration in at least one
county that will provide | ||||||
6 | medical assistance to pregnant individuals together
with | ||||||
7 | their infants and children up to one year of age,
where the | ||||||
8 | income
eligibility standard is set up to 185% of the | ||||||
9 | nonfarm income official
poverty line, as defined by the | ||||||
10 | federal Office of Management and Budget.
The Illinois | ||||||
11 | Department shall seek and obtain necessary authorization
| ||||||
12 | provided under federal law to implement such a | ||||||
13 | demonstration. Such
demonstration may establish resource | ||||||
14 | standards that are not more
restrictive than those | ||||||
15 | established under Article IV of this Code.
| ||||||
16 | 6. (a) Subject to federal approval, children younger | ||||||
17 | than age 19 when countable income is at or below 313% of | ||||||
18 | the federal poverty level, as determined by the Department | ||||||
19 | and in accordance with all applicable federal | ||||||
20 | requirements. The Department is authorized to adopt | ||||||
21 | emergency rules to implement the changes made to this | ||||||
22 | paragraph by Public Act 102-43 this amendatory Act of the | ||||||
23 | 102nd General Assembly . Until September 30, 2019, or | ||||||
24 | sooner if the maintenance of effort requirements under the | ||||||
25 | Patient Protection and Affordable Care Act are eliminated | ||||||
26 | or may be waived before then, children younger than age 19 |
| |||||||
| |||||||
1 | whose countable monthly income, after the deduction of | ||||||
2 | costs incurred for medical care and for other types of | ||||||
3 | remedial care as specified in administrative rule, is | ||||||
4 | equal to or less than the Medical Assistance-No Grant(C) | ||||||
5 | (MANG(C)) Income Standard in effect on April 1, 2013 as | ||||||
6 | set forth in administrative rule. | ||||||
7 | (b) Children and youth who are under temporary custody | ||||||
8 | or guardianship of the Department of Children and Family | ||||||
9 | Services or who receive financial assistance in support of | ||||||
10 | an adoption or guardianship placement from the Department | ||||||
11 | of Children and Family Services.
| ||||||
12 | 7. (Blank).
| ||||||
13 | 8. As required under federal law, persons who are | ||||||
14 | eligible for Transitional Medical Assistance as a result | ||||||
15 | of an increase in earnings or child or spousal support | ||||||
16 | received. The plan for coverage for this class of persons | ||||||
17 | shall:
| ||||||
18 | (a) extend the medical assistance coverage to the | ||||||
19 | extent required by federal law; and
| ||||||
20 | (b) offer persons who have initially received 6 | ||||||
21 | months of the
coverage provided in paragraph (a) | ||||||
22 | above, the option of receiving an
additional 6 months | ||||||
23 | of coverage, subject to the following:
| ||||||
24 | (i) such coverage shall be pursuant to | ||||||
25 | provisions of the federal
Social Security Act;
| ||||||
26 | (ii) such coverage shall include all services |
| |||||||
| |||||||
1 | covered under Illinois' State Medicaid Plan;
| ||||||
2 | (iii) no premium shall be charged for such | ||||||
3 | coverage; and
| ||||||
4 | (iv) such coverage shall be suspended in the | ||||||
5 | event of a person's
failure without good cause to | ||||||
6 | file in a timely fashion reports required for
this | ||||||
7 | coverage under the Social Security Act and | ||||||
8 | coverage shall be reinstated
upon the filing of | ||||||
9 | such reports if the person remains otherwise | ||||||
10 | eligible.
| ||||||
11 | 9. Persons with acquired immunodeficiency syndrome | ||||||
12 | (AIDS) or with
AIDS-related conditions with respect to | ||||||
13 | whom there has been a determination
that but for home or | ||||||
14 | community-based services such individuals would
require | ||||||
15 | the level of care provided in an inpatient hospital, | ||||||
16 | skilled
nursing facility or intermediate care facility the | ||||||
17 | cost of which is
reimbursed under this Article. Assistance | ||||||
18 | shall be provided to such
persons to the maximum extent | ||||||
19 | permitted under Title
XIX of the Federal Social Security | ||||||
20 | Act.
| ||||||
21 | 10. Participants in the long-term care insurance | ||||||
22 | partnership program
established under the Illinois | ||||||
23 | Long-Term Care Partnership Program Act who meet the
| ||||||
24 | qualifications for protection of resources described in | ||||||
25 | Section 15 of that
Act.
| ||||||
26 | 11. Persons with disabilities who are employed and |
| |||||||
| |||||||
1 | eligible for Medicaid,
pursuant to Section | ||||||
2 | 1902(a)(10)(A)(ii)(xv) of the Social Security Act, and, | ||||||
3 | subject to federal approval, persons with a medically | ||||||
4 | improved disability who are employed and eligible for | ||||||
5 | Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of | ||||||
6 | the Social Security Act, as
provided by the Illinois | ||||||
7 | Department by rule. In establishing eligibility standards | ||||||
8 | under this paragraph 11, the Department shall, subject to | ||||||
9 | federal approval: | ||||||
10 | (a) set the income eligibility standard at not | ||||||
11 | lower than 350% of the federal poverty level; | ||||||
12 | (b) exempt retirement accounts that the person | ||||||
13 | cannot access without penalty before the age
of 59 | ||||||
14 | 1/2, and medical savings accounts established pursuant | ||||||
15 | to 26 U.S.C. 220; | ||||||
16 | (c) allow non-exempt assets up to $25,000 as to | ||||||
17 | those assets accumulated during periods of eligibility | ||||||
18 | under this paragraph 11; and
| ||||||
19 | (d) continue to apply subparagraphs (b) and (c) in | ||||||
20 | determining the eligibility of the person under this | ||||||
21 | Article even if the person loses eligibility under | ||||||
22 | this paragraph 11.
| ||||||
23 | 12. Subject to federal approval, persons who are | ||||||
24 | eligible for medical
assistance coverage under applicable | ||||||
25 | provisions of the federal Social Security
Act and the | ||||||
26 | federal Breast and Cervical Cancer Prevention and |
| |||||||
| |||||||
1 | Treatment Act of
2000. Those eligible persons are defined | ||||||
2 | to include, but not be limited to,
the following persons:
| ||||||
3 | (1) persons who have been screened for breast or | ||||||
4 | cervical cancer under
the U.S. Centers for Disease | ||||||
5 | Control and Prevention Breast and Cervical Cancer
| ||||||
6 | Program established under Title XV of the federal | ||||||
7 | Public Health Service Act in
accordance with the | ||||||
8 | requirements of Section 1504 of that Act as | ||||||
9 | administered by
the Illinois Department of Public | ||||||
10 | Health; and
| ||||||
11 | (2) persons whose screenings under the above | ||||||
12 | program were funded in whole
or in part by funds | ||||||
13 | appropriated to the Illinois Department of Public | ||||||
14 | Health
for breast or cervical cancer screening.
| ||||||
15 | "Medical assistance" under this paragraph 12 shall be | ||||||
16 | identical to the benefits
provided under the State's | ||||||
17 | approved plan under Title XIX of the Social Security
Act. | ||||||
18 | The Department must request federal approval of the | ||||||
19 | coverage under this
paragraph 12 within 30 days after July | ||||||
20 | 3, 2001 (the effective date of Public Act 92-47).
| ||||||
21 | In addition to the persons who are eligible for | ||||||
22 | medical assistance pursuant to subparagraphs (1) and (2) | ||||||
23 | of this paragraph 12, and to be paid from funds | ||||||
24 | appropriated to the Department for its medical programs, | ||||||
25 | any uninsured person as defined by the Department in rules | ||||||
26 | residing in Illinois who is younger than 65 years of age, |
| |||||||
| |||||||
1 | who has been screened for breast and cervical cancer in | ||||||
2 | accordance with standards and procedures adopted by the | ||||||
3 | Department of Public Health for screening, and who is | ||||||
4 | referred to the Department by the Department of Public | ||||||
5 | Health as being in need of treatment for breast or | ||||||
6 | cervical cancer is eligible for medical assistance | ||||||
7 | benefits that are consistent with the benefits provided to | ||||||
8 | those persons described in subparagraphs (1) and (2). | ||||||
9 | Medical assistance coverage for the persons who are | ||||||
10 | eligible under the preceding sentence is not dependent on | ||||||
11 | federal approval, but federal moneys may be used to pay | ||||||
12 | for services provided under that coverage upon federal | ||||||
13 | approval. | ||||||
14 | 13. Subject to appropriation and to federal approval, | ||||||
15 | persons living with HIV/AIDS who are not otherwise | ||||||
16 | eligible under this Article and who qualify for services | ||||||
17 | covered under Section 5-5.04 as provided by the Illinois | ||||||
18 | Department by rule.
| ||||||
19 | 14. Subject to the availability of funds for this | ||||||
20 | purpose, the Department may provide coverage under this | ||||||
21 | Article to persons who reside in Illinois who are not | ||||||
22 | eligible under any of the preceding paragraphs and who | ||||||
23 | meet the income guidelines of paragraph 2(a) of this | ||||||
24 | Section and (i) have an application for asylum pending | ||||||
25 | before the federal Department of Homeland Security or on | ||||||
26 | appeal before a court of competent jurisdiction and are |
| |||||||
| |||||||
1 | represented either by counsel or by an advocate accredited | ||||||
2 | by the federal Department of Homeland Security and | ||||||
3 | employed by a not-for-profit organization in regard to | ||||||
4 | that application or appeal, or (ii) are receiving services | ||||||
5 | through a federally funded torture treatment center. | ||||||
6 | Medical coverage under this paragraph 14 may be provided | ||||||
7 | for up to 24 continuous months from the initial | ||||||
8 | eligibility date so long as an individual continues to | ||||||
9 | satisfy the criteria of this paragraph 14. If an | ||||||
10 | individual has an appeal pending regarding an application | ||||||
11 | for asylum before the Department of Homeland Security, | ||||||
12 | eligibility under this paragraph 14 may be extended until | ||||||
13 | a final decision is rendered on the appeal. The Department | ||||||
14 | may adopt rules governing the implementation of this | ||||||
15 | paragraph 14.
| ||||||
16 | 15. Family Care Eligibility. | ||||||
17 | (a) On and after July 1, 2012, a parent or other | ||||||
18 | caretaker relative who is 19 years of age or older when | ||||||
19 | countable income is at or below 133% of the federal | ||||||
20 | poverty level. A person may not spend down to become | ||||||
21 | eligible under this paragraph 15. | ||||||
22 | (b) Eligibility shall be reviewed annually. | ||||||
23 | (c) (Blank). | ||||||
24 | (d) (Blank). | ||||||
25 | (e) (Blank). | ||||||
26 | (f) (Blank). |
| |||||||
| |||||||
1 | (g) (Blank). | ||||||
2 | (h) (Blank). | ||||||
3 | (i) Following termination of an individual's | ||||||
4 | coverage under this paragraph 15, the individual must | ||||||
5 | be determined eligible before the person can be | ||||||
6 | re-enrolled. | ||||||
7 | 16. Subject to appropriation, uninsured persons who | ||||||
8 | are not otherwise eligible under this Section who have | ||||||
9 | been certified and referred by the Department of Public | ||||||
10 | Health as having been screened and found to need | ||||||
11 | diagnostic evaluation or treatment, or both diagnostic | ||||||
12 | evaluation and treatment, for prostate or testicular | ||||||
13 | cancer. For the purposes of this paragraph 16, uninsured | ||||||
14 | persons are those who do not have creditable coverage, as | ||||||
15 | defined under the Health Insurance Portability and | ||||||
16 | Accountability Act, or have otherwise exhausted any | ||||||
17 | insurance benefits they may have had, for prostate or | ||||||
18 | testicular cancer diagnostic evaluation or treatment, or | ||||||
19 | both diagnostic evaluation and treatment.
To be eligible, | ||||||
20 | a person must furnish a Social Security number.
A person's | ||||||
21 | assets are exempt from consideration in determining | ||||||
22 | eligibility under this paragraph 16.
Such persons shall be | ||||||
23 | eligible for medical assistance under this paragraph 16 | ||||||
24 | for so long as they need treatment for the cancer. A person | ||||||
25 | shall be considered to need treatment if, in the opinion | ||||||
26 | of the person's treating physician, the person requires |
| |||||||
| |||||||
1 | therapy directed toward cure or palliation of prostate or | ||||||
2 | testicular cancer, including recurrent metastatic cancer | ||||||
3 | that is a known or presumed complication of prostate or | ||||||
4 | testicular cancer and complications resulting from the | ||||||
5 | treatment modalities themselves. Persons who require only | ||||||
6 | routine monitoring services are not considered to need | ||||||
7 | treatment.
"Medical assistance" under this paragraph 16 | ||||||
8 | shall be identical to the benefits provided under the | ||||||
9 | State's approved plan under Title XIX of the Social | ||||||
10 | Security Act.
Notwithstanding any other provision of law, | ||||||
11 | the Department (i) does not have a claim against the | ||||||
12 | estate of a deceased recipient of services under this | ||||||
13 | paragraph 16 and (ii) does not have a lien against any | ||||||
14 | homestead property or other legal or equitable real | ||||||
15 | property interest owned by a recipient of services under | ||||||
16 | this paragraph 16. | ||||||
17 | 17. Persons who, pursuant to a waiver approved by the | ||||||
18 | Secretary of the U.S. Department of Health and Human | ||||||
19 | Services, are eligible for medical assistance under Title | ||||||
20 | XIX or XXI of the federal Social Security Act. | ||||||
21 | Notwithstanding any other provision of this Code and | ||||||
22 | consistent with the terms of the approved waiver, the | ||||||
23 | Illinois Department, may by rule: | ||||||
24 | (a) Limit the geographic areas in which the waiver | ||||||
25 | program operates. | ||||||
26 | (b) Determine the scope, quantity, duration, and |
| |||||||
| |||||||
1 | quality, and the rate and method of reimbursement, of | ||||||
2 | the medical services to be provided, which may differ | ||||||
3 | from those for other classes of persons eligible for | ||||||
4 | assistance under this Article. | ||||||
5 | (c) Restrict the persons' freedom in choice of | ||||||
6 | providers. | ||||||
7 | 18. Beginning January 1, 2014, persons aged 19 or | ||||||
8 | older, but younger than 65, who are not otherwise eligible | ||||||
9 | for medical assistance under this Section 5-2, who qualify | ||||||
10 | for medical assistance pursuant to 42 U.S.C. | ||||||
11 | 1396a(a)(10)(A)(i)(VIII) and applicable federal | ||||||
12 | regulations, and who have income at or below 133% of the | ||||||
13 | federal poverty level plus 5% for the applicable family | ||||||
14 | size as determined pursuant to 42 U.S.C. 1396a(e)(14) and | ||||||
15 | applicable federal regulations. Persons eligible for | ||||||
16 | medical assistance under this paragraph 18 shall receive | ||||||
17 | coverage for the Health Benefits Service Package as that | ||||||
18 | term is defined in subsection (m) of Section 5-1.1 of this | ||||||
19 | Code. If Illinois' federal medical assistance percentage | ||||||
20 | (FMAP) is reduced below 90% for persons eligible for | ||||||
21 | medical
assistance under this paragraph 18, eligibility | ||||||
22 | under this paragraph 18 shall cease no later than the end | ||||||
23 | of the third month following the month in which the | ||||||
24 | reduction in FMAP takes effect. | ||||||
25 | 19. Beginning January 1, 2014, as required under 42 | ||||||
26 | U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18 |
| |||||||
| |||||||
1 | and younger than age 26 who are not otherwise eligible for | ||||||
2 | medical assistance under paragraphs (1) through (17) of | ||||||
3 | this Section who (i) were in foster care under the | ||||||
4 | responsibility of the State on the date of attaining age | ||||||
5 | 18 or on the date of attaining age 21 when a court has | ||||||
6 | continued wardship for good cause as provided in Section | ||||||
7 | 2-31 of the Juvenile Court Act of 1987 and (ii) received | ||||||
8 | medical assistance under the Illinois Title XIX State Plan | ||||||
9 | or waiver of such plan while in foster care. | ||||||
10 | 20. Beginning January 1, 2018, persons who are | ||||||
11 | foreign-born victims of human trafficking, torture, or | ||||||
12 | other serious crimes as defined in Section 2-19 of this | ||||||
13 | Code and their derivative family members if such persons: | ||||||
14 | (i) reside in Illinois; (ii) are not eligible under any of | ||||||
15 | the preceding paragraphs; (iii) meet the income guidelines | ||||||
16 | of subparagraph (a) of paragraph 2; and (iv) meet the | ||||||
17 | nonfinancial eligibility requirements of Sections 16-2, | ||||||
18 | 16-3, and 16-5 of this Code. The Department may extend | ||||||
19 | medical assistance for persons who are foreign-born | ||||||
20 | victims of human trafficking, torture, or other serious | ||||||
21 | crimes whose medical assistance would be terminated | ||||||
22 | pursuant to subsection (b) of Section 16-5 if the | ||||||
23 | Department determines that the person, during the year of | ||||||
24 | initial eligibility (1) experienced a health crisis, (2) | ||||||
25 | has been unable, after reasonable attempts, to obtain | ||||||
26 | necessary information from a third party, or (3) has other |
| |||||||
| |||||||
1 | extenuating circumstances that prevented the person from | ||||||
2 | completing his or her application for status. The | ||||||
3 | Department may adopt any rules necessary to implement the | ||||||
4 | provisions of this paragraph. | ||||||
5 | 21. Persons who are not otherwise eligible for medical | ||||||
6 | assistance under this Section who may qualify for medical | ||||||
7 | assistance pursuant to 42 U.S.C. | ||||||
8 | 1396a(a)(10)(A)(ii)(XXIII) and 42 U.S.C. 1396(ss) for the | ||||||
9 | duration of any federal or State declared emergency due to | ||||||
10 | COVID-19. Medical assistance to persons eligible for | ||||||
11 | medical assistance solely pursuant to this paragraph 21 | ||||||
12 | shall be limited to any in vitro diagnostic product (and | ||||||
13 | the administration of such product) described in 42 U.S.C. | ||||||
14 | 1396d(a)(3)(B) on or after March 18, 2020, any visit | ||||||
15 | described in 42 U.S.C. 1396o(a)(2)(G), or any other | ||||||
16 | medical assistance that may be federally authorized for | ||||||
17 | this class of persons. The Department may also cover | ||||||
18 | treatment of COVID-19 for this class of persons, or any | ||||||
19 | similar category of uninsured individuals, to the extent | ||||||
20 | authorized under a federally approved 1115 Waiver or other | ||||||
21 | federal authority. Notwithstanding the provisions of | ||||||
22 | Section 1-11 of this Code, due to the nature of the | ||||||
23 | COVID-19 public health emergency, the Department may cover | ||||||
24 | and provide the medical assistance described in this | ||||||
25 | paragraph 21 to noncitizens who would otherwise meet the | ||||||
26 | eligibility requirements for the class of persons |
| |||||||
| |||||||
1 | described in this paragraph 21 for the duration of the | ||||||
2 | State emergency period. | ||||||
3 | In implementing the provisions of Public Act 96-20, the | ||||||
4 | Department is authorized to adopt only those rules necessary, | ||||||
5 | including emergency rules. Nothing in Public Act 96-20 permits | ||||||
6 | the Department to adopt rules or issue a decision that expands | ||||||
7 | eligibility for the FamilyCare Program to a person whose | ||||||
8 | income exceeds 185% of the Federal Poverty Level as determined | ||||||
9 | from time to time by the U.S. Department of Health and Human | ||||||
10 | Services, unless the Department is provided with express | ||||||
11 | statutory authority.
| ||||||
12 | The eligibility of any such person for medical assistance | ||||||
13 | under this
Article is not affected by the payment of any grant | ||||||
14 | under the Senior
Citizens and Persons with Disabilities | ||||||
15 | Property Tax Relief Act or any distributions or items of | ||||||
16 | income described under
subparagraph (X) of
paragraph (2) of | ||||||
17 | subsection (a) of Section 203 of the Illinois Income Tax
Act. | ||||||
18 | The Department shall by rule establish the amounts of
| ||||||
19 | assets to be disregarded in determining eligibility for | ||||||
20 | medical assistance,
which shall at a minimum equal the amounts | ||||||
21 | to be disregarded under the
Federal Supplemental Security | ||||||
22 | Income Program. The amount of assets of a
single person to be | ||||||
23 | disregarded
shall not be less than $2,000, and the amount of | ||||||
24 | assets of a married couple
to be disregarded shall not be less | ||||||
25 | than $3,000.
| ||||||
26 | To the extent permitted under federal law, any person |
| |||||||
| |||||||
1 | found guilty of a
second violation of Article VIIIA
shall be | ||||||
2 | ineligible for medical assistance under this Article, as | ||||||
3 | provided
in Section 8A-8.
| ||||||
4 | The eligibility of any person for medical assistance under | ||||||
5 | this Article
shall not be affected by the receipt by the person | ||||||
6 | of donations or benefits
from fundraisers held for the person | ||||||
7 | in cases of serious illness,
as long as neither the person nor | ||||||
8 | members of the person's family
have actual control over the | ||||||
9 | donations or benefits or the disbursement
of the donations or | ||||||
10 | benefits.
| ||||||
11 | Notwithstanding any other provision of this Code, if the | ||||||
12 | United States Supreme Court holds Title II, Subtitle A, | ||||||
13 | Section 2001(a) of Public Law 111-148 to be unconstitutional, | ||||||
14 | or if a holding of Public Law 111-148 makes Medicaid | ||||||
15 | eligibility allowed under Section 2001(a) inoperable, the | ||||||
16 | State or a unit of local government shall be prohibited from | ||||||
17 | enrolling individuals in the Medical Assistance Program as the | ||||||
18 | result of federal approval of a State Medicaid waiver on or | ||||||
19 | after June 14, 2012 (the effective date of Public Act 97-687), | ||||||
20 | and any individuals enrolled in the Medical Assistance Program | ||||||
21 | pursuant to eligibility permitted as a result of such a State | ||||||
22 | Medicaid waiver shall become immediately ineligible. | ||||||
23 | Notwithstanding any other provision of this Code, if an | ||||||
24 | Act of Congress that becomes a Public Law eliminates Section | ||||||
25 | 2001(a) of Public Law 111-148, the State or a unit of local | ||||||
26 | government shall be prohibited from enrolling individuals in |
| |||||||
| |||||||
1 | the Medical Assistance Program as the result of federal | ||||||
2 | approval of a State Medicaid waiver on or after June 14, 2012 | ||||||
3 | (the effective date of Public Act 97-687), and any individuals | ||||||
4 | enrolled in the Medical Assistance Program pursuant to | ||||||
5 | eligibility permitted as a result of such a State Medicaid | ||||||
6 | waiver shall become immediately ineligible. | ||||||
7 | Effective October 1, 2013, the determination of | ||||||
8 | eligibility of persons who qualify under paragraphs 5, 6, 8, | ||||||
9 | 15, 17, and 18 of this Section shall comply with the | ||||||
10 | requirements of 42 U.S.C. 1396a(e)(14) and applicable federal | ||||||
11 | regulations. | ||||||
12 | The Department of Healthcare and Family Services, the | ||||||
13 | Department of Human Services, and the Illinois health | ||||||
14 | insurance marketplace shall work cooperatively to assist | ||||||
15 | persons who would otherwise lose health benefits as a result | ||||||
16 | of changes made under Public Act 98-104 to transition to other | ||||||
17 | health insurance coverage. | ||||||
18 | (Source: P.A. 101-10, eff. 6-5-19; 101-649, eff. 7-7-20; | ||||||
19 | 102-43, eff. 7-6-21; 102-558, eff. 8-20-21; 102-665, eff. | ||||||
20 | 10-8-21; revised 11-18-21.)
| ||||||
21 | (305 ILCS 5/5-4.2)
| ||||||
22 | Sec. 5-4.2. Ambulance services payments. | ||||||
23 | (a) For
ambulance
services provided to a recipient of aid | ||||||
24 | under this Article on or after
January 1, 1993, the Illinois | ||||||
25 | Department shall reimburse ambulance service
providers at |
| |||||||
| |||||||
1 | rates calculated in accordance with this Section. It is the | ||||||
2 | intent
of the General Assembly to provide adequate | ||||||
3 | reimbursement for ambulance
services so as to ensure adequate | ||||||
4 | access to services for recipients of aid
under this Article | ||||||
5 | and to provide appropriate incentives to ambulance service
| ||||||
6 | providers to provide services in an efficient and | ||||||
7 | cost-effective manner. Thus,
it is the intent of the General | ||||||
8 | Assembly that the Illinois Department implement
a | ||||||
9 | reimbursement system for ambulance services that, to the | ||||||
10 | extent practicable
and subject to the availability of funds | ||||||
11 | appropriated by the General Assembly
for this purpose, is | ||||||
12 | consistent with the payment principles of Medicare. To
ensure | ||||||
13 | uniformity between the payment principles of Medicare and | ||||||
14 | Medicaid, the
Illinois Department shall follow, to the extent | ||||||
15 | necessary and practicable and
subject to the availability of | ||||||
16 | funds appropriated by the General Assembly for
this purpose, | ||||||
17 | the statutes, laws, regulations, policies, procedures,
| ||||||
18 | principles, definitions, guidelines, and manuals used to | ||||||
19 | determine the amounts
paid to ambulance service providers | ||||||
20 | under Title XVIII of the Social Security
Act (Medicare).
| ||||||
21 | (b) For ambulance services provided to a recipient of aid | ||||||
22 | under this Article
on or after January 1, 1996, the Illinois | ||||||
23 | Department shall reimburse ambulance
service providers based | ||||||
24 | upon the actual distance traveled if a natural
disaster, | ||||||
25 | weather conditions, road repairs, or traffic congestion | ||||||
26 | necessitates
the use of a
route other than the most direct |
| |||||||
| |||||||
1 | route.
| ||||||
2 | (c) For purposes of this Section, "ambulance services" | ||||||
3 | includes medical
transportation services provided by means of | ||||||
4 | an ambulance, medi-car, service
car, or
taxi.
| ||||||
5 | (c-1) For purposes of this Section, "ground ambulance | ||||||
6 | service" means medical transportation services that are | ||||||
7 | described as ground ambulance services by the Centers for | ||||||
8 | Medicare and Medicaid Services and provided in a vehicle that | ||||||
9 | is licensed as an ambulance by the Illinois Department of | ||||||
10 | Public Health pursuant to the Emergency Medical Services (EMS) | ||||||
11 | Systems Act. | ||||||
12 | (c-2) For purposes of this Section, "ground ambulance | ||||||
13 | service provider" means a vehicle service provider as | ||||||
14 | described in the Emergency Medical Services (EMS) Systems Act | ||||||
15 | that operates licensed ambulances for the purpose of providing | ||||||
16 | emergency ambulance services, or non-emergency ambulance | ||||||
17 | services, or both. For purposes of this Section, this includes | ||||||
18 | both ambulance providers and ambulance suppliers as described | ||||||
19 | by the Centers for Medicare and Medicaid Services. | ||||||
20 | (c-3) For purposes of this Section, "medi-car" means | ||||||
21 | transportation services provided to a patient who is confined | ||||||
22 | to a wheelchair and requires the use of a hydraulic or electric | ||||||
23 | lift or ramp and wheelchair lockdown when the patient's | ||||||
24 | condition does not require medical observation, medical | ||||||
25 | supervision, medical equipment, the administration of | ||||||
26 | medications, or the administration of oxygen. |
| |||||||
| |||||||
1 | (c-4) For purposes of this Section, "service car" means | ||||||
2 | transportation services provided to a patient by a passenger | ||||||
3 | vehicle where that patient does not require the specialized | ||||||
4 | modes described in subsection (c-1) or (c-3). | ||||||
5 | (d) This Section does not prohibit separate billing by | ||||||
6 | ambulance service
providers for oxygen furnished while | ||||||
7 | providing advanced life support
services.
| ||||||
8 | (e) Beginning with services rendered on or after July 1, | ||||||
9 | 2008, all providers of non-emergency medi-car and service car | ||||||
10 | transportation must certify that the driver and employee | ||||||
11 | attendant, as applicable, have completed a safety program | ||||||
12 | approved by the Department to protect both the patient and the | ||||||
13 | driver, prior to transporting a patient.
The provider must | ||||||
14 | maintain this certification in its records. The provider shall | ||||||
15 | produce such documentation upon demand by the Department or | ||||||
16 | its representative. Failure to produce documentation of such | ||||||
17 | training shall result in recovery of any payments made by the | ||||||
18 | Department for services rendered by a non-certified driver or | ||||||
19 | employee attendant. Medi-car and service car providers must | ||||||
20 | maintain legible documentation in their records of the driver | ||||||
21 | and, as applicable, employee attendant that actually | ||||||
22 | transported the patient. Providers must recertify all drivers | ||||||
23 | and employee attendants every 3 years.
If they meet the | ||||||
24 | established training components set forth by the Department, | ||||||
25 | providers of non-emergency medi-car and service car | ||||||
26 | transportation that are either directly or through an |
| |||||||
| |||||||
1 | affiliated company licensed by the Department of Public Health | ||||||
2 | shall be approved by the Department to have in-house safety | ||||||
3 | programs for training their own staff. | ||||||
4 | Notwithstanding the requirements above, any public | ||||||
5 | transportation provider of medi-car and service car | ||||||
6 | transportation that receives federal funding under 49 U.S.C. | ||||||
7 | 5307 and 5311 need not certify its drivers and employee | ||||||
8 | attendants under this Section, since safety training is | ||||||
9 | already federally mandated.
| ||||||
10 | (f) With respect to any policy or program administered by | ||||||
11 | the Department or its agent regarding approval of | ||||||
12 | non-emergency medical transportation by ground ambulance | ||||||
13 | service providers, including, but not limited to, the | ||||||
14 | Non-Emergency Transportation Services Prior Approval Program | ||||||
15 | (NETSPAP), the Department shall establish by rule a process by | ||||||
16 | which ground ambulance service providers of non-emergency | ||||||
17 | medical transportation may appeal any decision by the | ||||||
18 | Department or its agent for which no denial was received prior | ||||||
19 | to the time of transport that either (i) denies a request for | ||||||
20 | approval for payment of non-emergency transportation by means | ||||||
21 | of ground ambulance service or (ii) grants a request for | ||||||
22 | approval of non-emergency transportation by means of ground | ||||||
23 | ambulance service at a level of service that entitles the | ||||||
24 | ground ambulance service provider to a lower level of | ||||||
25 | compensation from the Department than the ground ambulance | ||||||
26 | service provider would have received as compensation for the |
| |||||||
| |||||||
1 | level of service requested. The rule shall be filed by | ||||||
2 | December 15, 2012 and shall provide that, for any decision | ||||||
3 | rendered by the Department or its agent on or after the date | ||||||
4 | the rule takes effect, the ground ambulance service provider | ||||||
5 | shall have 60 days from the date the decision is received to | ||||||
6 | file an appeal. The rule established by the Department shall | ||||||
7 | be, insofar as is practical, consistent with the Illinois | ||||||
8 | Administrative Procedure Act. The Director's decision on an | ||||||
9 | appeal under this Section shall be a final administrative | ||||||
10 | decision subject to review under the Administrative Review | ||||||
11 | Law. | ||||||
12 | (f-5) Beginning 90 days after July 20, 2012 (the effective | ||||||
13 | date of Public Act 97-842), (i) no denial of a request for | ||||||
14 | approval for payment of non-emergency transportation by means | ||||||
15 | of ground ambulance service, and (ii) no approval of | ||||||
16 | non-emergency transportation by means of ground ambulance | ||||||
17 | service at a level of service that entitles the ground | ||||||
18 | ambulance service provider to a lower level of compensation | ||||||
19 | from the Department than would have been received at the level | ||||||
20 | of service submitted by the ground ambulance service provider, | ||||||
21 | may be issued by the Department or its agent unless the | ||||||
22 | Department has submitted the criteria for determining the | ||||||
23 | appropriateness of the transport for first notice publication | ||||||
24 | in the Illinois Register pursuant to Section 5-40 of the | ||||||
25 | Illinois Administrative Procedure Act. | ||||||
26 | (f-7) For non-emergency ground ambulance claims properly |
| |||||||
| |||||||
1 | denied under Department policy at the time the claim is filed | ||||||
2 | due to failure to submit a valid Medical Certification for | ||||||
3 | Non-Emergency Ambulance on and after December 15, 2012 and | ||||||
4 | prior to January 1, 2021, the Department shall allot | ||||||
5 | $2,000,000 to a pool to reimburse such claims if the provider | ||||||
6 | proves medical necessity for the service by other means. | ||||||
7 | Providers must submit any such denied claims for which they | ||||||
8 | seek compensation to the Department no later than December 31, | ||||||
9 | 2021 along with documentation of medical necessity. No later | ||||||
10 | than May 31, 2022, the Department shall determine for which | ||||||
11 | claims medical necessity was established. Such claims for | ||||||
12 | which medical necessity was established shall be paid at the | ||||||
13 | rate in effect at the time of the service, provided the | ||||||
14 | $2,000,000 is sufficient to pay at those rates. If the pool is | ||||||
15 | not sufficient, claims shall be paid at a uniform percentage | ||||||
16 | of the applicable rate such that the pool of $2,000,000 is | ||||||
17 | exhausted. The appeal process described in subsection (f) | ||||||
18 | shall not be applicable to the Department's determinations | ||||||
19 | made in accordance with this subsection. | ||||||
20 | (g) Whenever a patient covered by a medical assistance | ||||||
21 | program under this Code or by another medical program | ||||||
22 | administered by the Department, including a patient covered | ||||||
23 | under the State's Medicaid managed care program, is being | ||||||
24 | transported from a facility and requires non-emergency | ||||||
25 | transportation including ground ambulance, medi-car, or | ||||||
26 | service car transportation, a Physician Certification |
| |||||||
| |||||||
1 | Statement as described in this Section shall be required for | ||||||
2 | each patient. Facilities shall develop procedures for a | ||||||
3 | licensed medical professional to provide a written and signed | ||||||
4 | Physician Certification Statement. The Physician Certification | ||||||
5 | Statement shall specify the level of transportation services | ||||||
6 | needed and complete a medical certification establishing the | ||||||
7 | criteria for approval of non-emergency ambulance | ||||||
8 | transportation, as published by the Department of Healthcare | ||||||
9 | and Family Services, that is met by the patient. This | ||||||
10 | certification shall be completed prior to ordering the | ||||||
11 | transportation service and prior to patient discharge. The | ||||||
12 | Physician Certification Statement is not required prior to | ||||||
13 | transport if a delay in transport can be expected to | ||||||
14 | negatively affect the patient outcome. If the ground ambulance | ||||||
15 | provider, medi-car provider, or service car provider is unable | ||||||
16 | to obtain the required Physician Certification Statement | ||||||
17 | within 10 calendar days following the date of the service, the | ||||||
18 | ground ambulance provider, medi-car provider, or service car | ||||||
19 | provider must document its attempt to obtain the requested | ||||||
20 | certification and may then submit the claim for payment. | ||||||
21 | Acceptable documentation includes a signed return receipt from | ||||||
22 | the U.S. Postal Service, facsimile receipt, email receipt, or | ||||||
23 | other similar service that evidences that the ground ambulance | ||||||
24 | provider, medi-car provider, or service car provider attempted | ||||||
25 | to obtain the required Physician Certification Statement. | ||||||
26 | The medical certification specifying the level and type of |
| |||||||
| |||||||
1 | non-emergency transportation needed shall be in the form of | ||||||
2 | the Physician Certification Statement on a standardized form | ||||||
3 | prescribed by the Department of Healthcare and Family | ||||||
4 | Services. Within 75 days after July 27, 2018 (the effective | ||||||
5 | date of Public Act 100-646), the Department of Healthcare and | ||||||
6 | Family Services shall develop a standardized form of the | ||||||
7 | Physician Certification Statement specifying the level and | ||||||
8 | type of transportation services needed in consultation with | ||||||
9 | the Department of Public Health, Medicaid managed care | ||||||
10 | organizations, a statewide association representing ambulance | ||||||
11 | providers, a statewide association representing hospitals, 3 | ||||||
12 | statewide associations representing nursing homes, and other | ||||||
13 | stakeholders. The Physician Certification Statement shall | ||||||
14 | include, but is not limited to, the criteria necessary to | ||||||
15 | demonstrate medical necessity for the level of transport | ||||||
16 | needed as required by (i) the Department of Healthcare and | ||||||
17 | Family Services and (ii) the federal Centers for Medicare and | ||||||
18 | Medicaid Services as outlined in the Centers for Medicare and | ||||||
19 | Medicaid Services' Medicare Benefit Policy Manual, Pub. | ||||||
20 | 100-02, Chap. 10, Sec. 10.2.1, et seq. The use of the Physician | ||||||
21 | Certification Statement shall satisfy the obligations of | ||||||
22 | hospitals under Section 6.22 of the Hospital Licensing Act and | ||||||
23 | nursing homes under Section 2-217 of the Nursing Home Care | ||||||
24 | Act. Implementation and acceptance of the Physician | ||||||
25 | Certification Statement shall take place no later than 90 days | ||||||
26 | after the issuance of the Physician Certification Statement by |
| |||||||
| |||||||
1 | the Department of Healthcare and Family Services. | ||||||
2 | Pursuant to subsection (E) of Section 12-4.25 of this | ||||||
3 | Code, the Department is entitled to recover overpayments paid | ||||||
4 | to a provider or vendor, including, but not limited to, from | ||||||
5 | the discharging physician, the discharging facility, and the | ||||||
6 | ground ambulance service provider, in instances where a | ||||||
7 | non-emergency ground ambulance service is rendered as the | ||||||
8 | result of improper or false certification. | ||||||
9 | Beginning October 1, 2018, the Department of Healthcare | ||||||
10 | and Family Services shall collect data from Medicaid managed | ||||||
11 | care organizations and transportation brokers, including the | ||||||
12 | Department's NETSPAP broker, regarding denials and appeals | ||||||
13 | related to the missing or incomplete Physician Certification | ||||||
14 | Statement forms and overall compliance with this subsection. | ||||||
15 | The Department of Healthcare and Family Services shall publish | ||||||
16 | quarterly results on its website within 15 days following the | ||||||
17 | end of each quarter. | ||||||
18 | (h) On and after July 1, 2012, the Department shall reduce | ||||||
19 | any rate of reimbursement for services or other payments or | ||||||
20 | alter any methodologies authorized by this Code to reduce any | ||||||
21 | rate of reimbursement for services or other payments in | ||||||
22 | accordance with Section 5-5e. | ||||||
23 | (i) On and after July 1, 2018, the Department shall | ||||||
24 | increase the base rate of reimbursement for both base charges | ||||||
25 | and mileage charges for ground ambulance service providers for | ||||||
26 | medical transportation services provided by means of a ground |
| |||||||
| |||||||
1 | ambulance to a level not lower than 112% of the base rate in | ||||||
2 | effect as of June 30, 2018. | ||||||
3 | (Source: P.A. 101-81, eff. 7-12-19; 101-649, eff. 7-7-20; | ||||||
4 | 102-364, eff. 1-1-22; 102-650, eff. 8-27-21; revised 11-8-21.)
| ||||||
5 | (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
| ||||||
6 | Sec. 5-5. Medical services. The Illinois Department, by | ||||||
7 | rule, shall
determine the quantity and quality of and the rate | ||||||
8 | of reimbursement for the
medical assistance for which
payment | ||||||
9 | will be authorized, and the medical services to be provided,
| ||||||
10 | which may include all or part of the following: (1) inpatient | ||||||
11 | hospital
services; (2) outpatient hospital services; (3) other | ||||||
12 | laboratory and
X-ray services; (4) skilled nursing home | ||||||
13 | services; (5) physicians'
services whether furnished in the | ||||||
14 | office, the patient's home, a
hospital, a skilled nursing | ||||||
15 | home, or elsewhere; (6) medical care, or any
other type of | ||||||
16 | remedial care furnished by licensed practitioners; (7)
home | ||||||
17 | health care services; (8) private duty nursing service; (9) | ||||||
18 | clinic
services; (10) dental services, including prevention | ||||||
19 | and treatment of periodontal disease and dental caries disease | ||||||
20 | for pregnant individuals, provided by an individual licensed | ||||||
21 | to practice dentistry or dental surgery; for purposes of this | ||||||
22 | item (10), "dental services" means diagnostic, preventive, or | ||||||
23 | corrective procedures provided by or under the supervision of | ||||||
24 | a dentist in the practice of his or her profession; (11) | ||||||
25 | physical therapy and related
services; (12) prescribed drugs, |
| |||||||
| |||||||
1 | dentures, and prosthetic devices; and
eyeglasses prescribed by | ||||||
2 | a physician skilled in the diseases of the eye,
or by an | ||||||
3 | optometrist, whichever the person may select; (13) other
| ||||||
4 | diagnostic, screening, preventive, and rehabilitative | ||||||
5 | services, including to ensure that the individual's need for | ||||||
6 | intervention or treatment of mental disorders or substance use | ||||||
7 | disorders or co-occurring mental health and substance use | ||||||
8 | disorders is determined using a uniform screening, assessment, | ||||||
9 | and evaluation process inclusive of criteria, for children and | ||||||
10 | adults; for purposes of this item (13), a uniform screening, | ||||||
11 | assessment, and evaluation process refers to a process that | ||||||
12 | includes an appropriate evaluation and, as warranted, a | ||||||
13 | referral; "uniform" does not mean the use of a singular | ||||||
14 | instrument, tool, or process that all must utilize; (14)
| ||||||
15 | transportation and such other expenses as may be necessary; | ||||||
16 | (15) medical
treatment of sexual assault survivors, as defined | ||||||
17 | in
Section 1a of the Sexual Assault Survivors Emergency | ||||||
18 | Treatment Act, for
injuries sustained as a result of the | ||||||
19 | sexual assault, including
examinations and laboratory tests to | ||||||
20 | discover evidence which may be used in
criminal proceedings | ||||||
21 | arising from the sexual assault; (16) the
diagnosis and | ||||||
22 | treatment of sickle cell anemia; (16.5) services performed by | ||||||
23 | a chiropractic physician licensed under the Medical Practice | ||||||
24 | Act of 1987 and acting within the scope of his or her license, | ||||||
25 | including, but not limited to, chiropractic manipulative | ||||||
26 | treatment; and (17)
any other medical care, and any other type |
| |||||||
| |||||||
1 | of remedial care recognized
under the laws of this State. The | ||||||
2 | term "any other type of remedial care" shall
include nursing | ||||||
3 | care and nursing home service for persons who rely on
| ||||||
4 | treatment by spiritual means alone through prayer for healing.
| ||||||
5 | Notwithstanding any other provision of this Section, a | ||||||
6 | comprehensive
tobacco use cessation program that includes | ||||||
7 | purchasing prescription drugs or
prescription medical devices | ||||||
8 | approved by the Food and Drug Administration shall
be covered | ||||||
9 | under the medical assistance
program under this Article for | ||||||
10 | persons who are otherwise eligible for
assistance under this | ||||||
11 | Article.
| ||||||
12 | Notwithstanding any other provision of this Code, | ||||||
13 | reproductive health care that is otherwise legal in Illinois | ||||||
14 | shall be covered under the medical assistance program for | ||||||
15 | persons who are otherwise eligible for medical assistance | ||||||
16 | under this Article. | ||||||
17 | Notwithstanding any other provision of this Section, all | ||||||
18 | tobacco cessation medications approved by the United States | ||||||
19 | Food and Drug Administration and all individual and group | ||||||
20 | tobacco cessation counseling services and telephone-based | ||||||
21 | counseling services and tobacco cessation medications provided | ||||||
22 | through the Illinois Tobacco Quitline shall be covered under | ||||||
23 | the medical assistance program for persons who are otherwise | ||||||
24 | eligible for assistance under this Article. The Department | ||||||
25 | shall comply with all federal requirements necessary to obtain | ||||||
26 | federal financial participation, as specified in 42 CFR |
| |||||||
| |||||||
1 | 433.15(b)(7), for telephone-based counseling services provided | ||||||
2 | through the Illinois Tobacco Quitline, including, but not | ||||||
3 | limited to: (i) entering into a memorandum of understanding or | ||||||
4 | interagency agreement with the Department of Public Health, as | ||||||
5 | administrator of the Illinois Tobacco Quitline; and (ii) | ||||||
6 | developing a cost allocation plan for Medicaid-allowable | ||||||
7 | Illinois Tobacco Quitline services in accordance with 45 CFR | ||||||
8 | 95.507. The Department shall submit the memorandum of | ||||||
9 | understanding or interagency agreement, the cost allocation | ||||||
10 | plan, and all other necessary documentation to the Centers for | ||||||
11 | Medicare and Medicaid Services for review and approval. | ||||||
12 | Coverage under this paragraph shall be contingent upon federal | ||||||
13 | approval. | ||||||
14 | Notwithstanding any other provision of this Code, the | ||||||
15 | Illinois
Department may not require, as a condition of payment | ||||||
16 | for any laboratory
test authorized under this Article, that a | ||||||
17 | physician's handwritten signature
appear on the laboratory | ||||||
18 | test order form. The Illinois Department may,
however, impose | ||||||
19 | other appropriate requirements regarding laboratory test
order | ||||||
20 | documentation.
| ||||||
21 | Upon receipt of federal approval of an amendment to the | ||||||
22 | Illinois Title XIX State Plan for this purpose, the Department | ||||||
23 | shall authorize the Chicago Public Schools (CPS) to procure a | ||||||
24 | vendor or vendors to manufacture eyeglasses for individuals | ||||||
25 | enrolled in a school within the CPS system. CPS shall ensure | ||||||
26 | that its vendor or vendors are enrolled as providers in the |
| |||||||
| |||||||
1 | medical assistance program and in any capitated Medicaid | ||||||
2 | managed care entity (MCE) serving individuals enrolled in a | ||||||
3 | school within the CPS system. Under any contract procured | ||||||
4 | under this provision, the vendor or vendors must serve only | ||||||
5 | individuals enrolled in a school within the CPS system. Claims | ||||||
6 | for services provided by CPS's vendor or vendors to recipients | ||||||
7 | of benefits in the medical assistance program under this Code, | ||||||
8 | the Children's Health Insurance Program, or the Covering ALL | ||||||
9 | KIDS Health Insurance Program shall be submitted to the | ||||||
10 | Department or the MCE in which the individual is enrolled for | ||||||
11 | payment and shall be reimbursed at the Department's or the | ||||||
12 | MCE's established rates or rate methodologies for eyeglasses. | ||||||
13 | On and after July 1, 2012, the Department of Healthcare | ||||||
14 | and Family Services may provide the following services to
| ||||||
15 | persons
eligible for assistance under this Article who are | ||||||
16 | participating in
education, training or employment programs | ||||||
17 | operated by the Department of Human
Services as successor to | ||||||
18 | the Department of Public Aid:
| ||||||
19 | (1) dental services provided by or under the | ||||||
20 | supervision of a dentist; and
| ||||||
21 | (2) eyeglasses prescribed by a physician skilled in | ||||||
22 | the diseases of the
eye, or by an optometrist, whichever | ||||||
23 | the person may select.
| ||||||
24 | On and after July 1, 2018, the Department of Healthcare | ||||||
25 | and Family Services shall provide dental services to any adult | ||||||
26 | who is otherwise eligible for assistance under the medical |
| |||||||
| |||||||
1 | assistance program. As used in this paragraph, "dental | ||||||
2 | services" means diagnostic, preventative, restorative, or | ||||||
3 | corrective procedures, including procedures and services for | ||||||
4 | the prevention and treatment of periodontal disease and dental | ||||||
5 | caries disease, provided by an individual who is licensed to | ||||||
6 | practice dentistry or dental surgery or who is under the | ||||||
7 | supervision of a dentist in the practice of his or her | ||||||
8 | profession. | ||||||
9 | On and after July 1, 2018, targeted dental services, as | ||||||
10 | set forth in Exhibit D of the Consent Decree entered by the | ||||||
11 | United States District Court for the Northern District of | ||||||
12 | Illinois, Eastern Division, in the matter of Memisovski v. | ||||||
13 | Maram, Case No. 92 C 1982, that are provided to adults under | ||||||
14 | the medical assistance program shall be established at no less | ||||||
15 | than the rates set forth in the "New Rate" column in Exhibit D | ||||||
16 | of the Consent Decree for targeted dental services that are | ||||||
17 | provided to persons under the age of 18 under the medical | ||||||
18 | assistance program. | ||||||
19 | Notwithstanding any other provision of this Code and | ||||||
20 | subject to federal approval, the Department may adopt rules to | ||||||
21 | allow a dentist who is volunteering his or her service at no | ||||||
22 | cost to render dental services through an enrolled | ||||||
23 | not-for-profit health clinic without the dentist personally | ||||||
24 | enrolling as a participating provider in the medical | ||||||
25 | assistance program. A not-for-profit health clinic shall | ||||||
26 | include a public health clinic or Federally Qualified Health |
| |||||||
| |||||||
1 | Center or other enrolled provider, as determined by the | ||||||
2 | Department, through which dental services covered under this | ||||||
3 | Section are performed. The Department shall establish a | ||||||
4 | process for payment of claims for reimbursement for covered | ||||||
5 | dental services rendered under this provision. | ||||||
6 | On and after January 1, 2022, the Department of Healthcare | ||||||
7 | and Family Services shall administer and regulate a | ||||||
8 | school-based dental program that allows for the out-of-office | ||||||
9 | delivery of preventative dental services in a school setting | ||||||
10 | to children under 19 years of age. The Department shall | ||||||
11 | establish, by rule, guidelines for participation by providers | ||||||
12 | and set requirements for follow-up referral care based on the | ||||||
13 | requirements established in the Dental Office Reference Manual | ||||||
14 | published by the Department that establishes the requirements | ||||||
15 | for dentists participating in the All Kids Dental School | ||||||
16 | Program. Every effort shall be made by the Department when | ||||||
17 | developing the program requirements to consider the different | ||||||
18 | geographic differences of both urban and rural areas of the | ||||||
19 | State for initial treatment and necessary follow-up care. No | ||||||
20 | provider shall be charged a fee by any unit of local government | ||||||
21 | to participate in the school-based dental program administered | ||||||
22 | by the Department. Nothing in this paragraph shall be | ||||||
23 | construed to limit or preempt a home rule unit's or school | ||||||
24 | district's authority to establish, change, or administer a | ||||||
25 | school-based dental program in addition to, or independent of, | ||||||
26 | the school-based dental program administered by the |
| |||||||
| |||||||
1 | Department. | ||||||
2 | The Illinois Department, by rule, may distinguish and | ||||||
3 | classify the
medical services to be provided only in | ||||||
4 | accordance with the classes of
persons designated in Section | ||||||
5 | 5-2.
| ||||||
6 | The Department of Healthcare and Family Services must | ||||||
7 | provide coverage and reimbursement for amino acid-based | ||||||
8 | elemental formulas, regardless of delivery method, for the | ||||||
9 | diagnosis and treatment of (i) eosinophilic disorders and (ii) | ||||||
10 | short bowel syndrome when the prescribing physician has issued | ||||||
11 | a written order stating that the amino acid-based elemental | ||||||
12 | formula is medically necessary.
| ||||||
13 | The Illinois Department shall authorize the provision of, | ||||||
14 | and shall
authorize payment for, screening by low-dose | ||||||
15 | mammography for the presence of
occult breast cancer for | ||||||
16 | individuals 35 years of age or older who are eligible
for | ||||||
17 | medical assistance under this Article, as follows: | ||||||
18 | (A) A baseline
mammogram for individuals 35 to 39 | ||||||
19 | years of age.
| ||||||
20 | (B) An annual mammogram for individuals 40 years of | ||||||
21 | age or older. | ||||||
22 | (C) A mammogram at the age and intervals considered | ||||||
23 | medically necessary by the individual's health care | ||||||
24 | provider for individuals under 40 years of age and having | ||||||
25 | a family history of breast cancer, prior personal history | ||||||
26 | of breast cancer, positive genetic testing, or other risk |
| |||||||
| |||||||
1 | factors. | ||||||
2 | (D) A comprehensive ultrasound screening and MRI of an | ||||||
3 | entire breast or breasts if a mammogram demonstrates | ||||||
4 | heterogeneous or dense breast tissue or when medically | ||||||
5 | necessary as determined by a physician licensed to | ||||||
6 | practice medicine in all of its branches. | ||||||
7 | (E) A screening MRI when medically necessary, as | ||||||
8 | determined by a physician licensed to practice medicine in | ||||||
9 | all of its branches. | ||||||
10 | (F) A diagnostic mammogram when medically necessary, | ||||||
11 | as determined by a physician licensed to practice medicine | ||||||
12 | in all its branches, advanced practice registered nurse, | ||||||
13 | or physician assistant. | ||||||
14 | The Department shall not impose a deductible, coinsurance, | ||||||
15 | copayment, or any other cost-sharing requirement on the | ||||||
16 | coverage provided under this paragraph; except that this | ||||||
17 | sentence does not apply to coverage of diagnostic mammograms | ||||||
18 | to the extent such coverage would disqualify a high-deductible | ||||||
19 | health plan from eligibility for a health savings account | ||||||
20 | pursuant to Section 223 of the Internal Revenue Code (26 | ||||||
21 | U.S.C. 223). | ||||||
22 | All screenings
shall
include a physical breast exam, | ||||||
23 | instruction on self-examination and
information regarding the | ||||||
24 | frequency of self-examination and its value as a
preventative | ||||||
25 | tool. | ||||||
26 | For purposes of this Section: |
| |||||||
| |||||||
1 | "Diagnostic
mammogram" means a mammogram obtained using | ||||||
2 | diagnostic mammography. | ||||||
3 | "Diagnostic
mammography" means a method of screening that | ||||||
4 | is designed to
evaluate an abnormality in a breast, including | ||||||
5 | an abnormality seen
or suspected on a screening mammogram or a | ||||||
6 | subjective or objective
abnormality otherwise detected in the | ||||||
7 | breast. | ||||||
8 | "Low-dose mammography" means
the x-ray examination of the | ||||||
9 | breast using equipment dedicated specifically
for mammography, | ||||||
10 | including the x-ray tube, filter, compression device,
and | ||||||
11 | image receptor, with an average radiation exposure delivery
of | ||||||
12 | less than one rad per breast for 2 views of an average size | ||||||
13 | breast.
The term also includes digital mammography and | ||||||
14 | includes breast tomosynthesis. | ||||||
15 | "Breast tomosynthesis" means a radiologic procedure that | ||||||
16 | involves the acquisition of projection images over the | ||||||
17 | stationary breast to produce cross-sectional digital | ||||||
18 | three-dimensional images of the breast. | ||||||
19 | If, at any time, the Secretary of the United States | ||||||
20 | Department of Health and Human Services, or its successor | ||||||
21 | agency, promulgates rules or regulations to be published in | ||||||
22 | the Federal Register or publishes a comment in the Federal | ||||||
23 | Register or issues an opinion, guidance, or other action that | ||||||
24 | would require the State, pursuant to any provision of the | ||||||
25 | Patient Protection and Affordable Care Act (Public Law | ||||||
26 | 111-148), including, but not limited to, 42 U.S.C. |
| |||||||
| |||||||
1 | 18031(d)(3)(B) or any successor provision, to defray the cost | ||||||
2 | of any coverage for breast tomosynthesis outlined in this | ||||||
3 | paragraph, then the requirement that an insurer cover breast | ||||||
4 | tomosynthesis is inoperative other than any such coverage | ||||||
5 | authorized under Section 1902 of the Social Security Act, 42 | ||||||
6 | U.S.C. 1396a, and the State shall not assume any obligation | ||||||
7 | for the cost of coverage for breast tomosynthesis set forth in | ||||||
8 | this paragraph.
| ||||||
9 | On and after January 1, 2016, the Department shall ensure | ||||||
10 | that all networks of care for adult clients of the Department | ||||||
11 | include access to at least one breast imaging Center of | ||||||
12 | Imaging Excellence as certified by the American College of | ||||||
13 | Radiology. | ||||||
14 | On and after January 1, 2012, providers participating in a | ||||||
15 | quality improvement program approved by the Department shall | ||||||
16 | be reimbursed for screening and diagnostic mammography at the | ||||||
17 | same rate as the Medicare program's rates, including the | ||||||
18 | increased reimbursement for digital mammography. | ||||||
19 | The Department shall convene an expert panel including | ||||||
20 | representatives of hospitals, free-standing mammography | ||||||
21 | facilities, and doctors, including radiologists, to establish | ||||||
22 | quality standards for mammography. | ||||||
23 | On and after January 1, 2017, providers participating in a | ||||||
24 | breast cancer treatment quality improvement program approved | ||||||
25 | by the Department shall be reimbursed for breast cancer | ||||||
26 | treatment at a rate that is no lower than 95% of the Medicare |
| |||||||
| |||||||
1 | program's rates for the data elements included in the breast | ||||||
2 | cancer treatment quality program. | ||||||
3 | The Department shall convene an expert panel, including | ||||||
4 | representatives of hospitals, free-standing breast cancer | ||||||
5 | treatment centers, breast cancer quality organizations, and | ||||||
6 | doctors, including breast surgeons, reconstructive breast | ||||||
7 | surgeons, oncologists, and primary care providers to establish | ||||||
8 | quality standards for breast cancer treatment. | ||||||
9 | Subject to federal approval, the Department shall | ||||||
10 | establish a rate methodology for mammography at federally | ||||||
11 | qualified health centers and other encounter-rate clinics. | ||||||
12 | These clinics or centers may also collaborate with other | ||||||
13 | hospital-based mammography facilities. By January 1, 2016, the | ||||||
14 | Department shall report to the General Assembly on the status | ||||||
15 | of the provision set forth in this paragraph. | ||||||
16 | The Department shall establish a methodology to remind | ||||||
17 | individuals who are age-appropriate for screening mammography, | ||||||
18 | but who have not received a mammogram within the previous 18 | ||||||
19 | months, of the importance and benefit of screening | ||||||
20 | mammography. The Department shall work with experts in breast | ||||||
21 | cancer outreach and patient navigation to optimize these | ||||||
22 | reminders and shall establish a methodology for evaluating | ||||||
23 | their effectiveness and modifying the methodology based on the | ||||||
24 | evaluation. | ||||||
25 | The Department shall establish a performance goal for | ||||||
26 | primary care providers with respect to their female patients |
| |||||||
| |||||||
1 | over age 40 receiving an annual mammogram. This performance | ||||||
2 | goal shall be used to provide additional reimbursement in the | ||||||
3 | form of a quality performance bonus to primary care providers | ||||||
4 | who meet that goal. | ||||||
5 | The Department shall devise a means of case-managing or | ||||||
6 | patient navigation for beneficiaries diagnosed with breast | ||||||
7 | cancer. This program shall initially operate as a pilot | ||||||
8 | program in areas of the State with the highest incidence of | ||||||
9 | mortality related to breast cancer. At least one pilot program | ||||||
10 | site shall be in the metropolitan Chicago area and at least one | ||||||
11 | site shall be outside the metropolitan Chicago area. On or | ||||||
12 | after July 1, 2016, the pilot program shall be expanded to | ||||||
13 | include one site in western Illinois, one site in southern | ||||||
14 | Illinois, one site in central Illinois, and 4 sites within | ||||||
15 | metropolitan Chicago. An evaluation of the pilot program shall | ||||||
16 | be carried out measuring health outcomes and cost of care for | ||||||
17 | those served by the pilot program compared to similarly | ||||||
18 | situated patients who are not served by the pilot program. | ||||||
19 | The Department shall require all networks of care to | ||||||
20 | develop a means either internally or by contract with experts | ||||||
21 | in navigation and community outreach to navigate cancer | ||||||
22 | patients to comprehensive care in a timely fashion. The | ||||||
23 | Department shall require all networks of care to include | ||||||
24 | access for patients diagnosed with cancer to at least one | ||||||
25 | academic commission on cancer-accredited cancer program as an | ||||||
26 | in-network covered benefit. |
| |||||||
| |||||||
1 | On or after July 1, 2022, individuals who are otherwise | ||||||
2 | eligible for medical assistance under this Article shall | ||||||
3 | receive coverage for perinatal depression screenings for the | ||||||
4 | 12-month period beginning on the last day of their pregnancy. | ||||||
5 | Medical assistance coverage under this paragraph shall be | ||||||
6 | conditioned on the use of a screening instrument approved by | ||||||
7 | the Department. | ||||||
8 | Any medical or health care provider shall immediately | ||||||
9 | recommend, to
any pregnant individual who is being provided | ||||||
10 | prenatal services and is suspected
of having a substance use | ||||||
11 | disorder as defined in the Substance Use Disorder Act, | ||||||
12 | referral to a local substance use disorder treatment program | ||||||
13 | licensed by the Department of Human Services or to a licensed
| ||||||
14 | hospital which provides substance abuse treatment services. | ||||||
15 | The Department of Healthcare and Family Services
shall assure | ||||||
16 | coverage for the cost of treatment of the drug abuse or
| ||||||
17 | addiction for pregnant recipients in accordance with the | ||||||
18 | Illinois Medicaid
Program in conjunction with the Department | ||||||
19 | of Human Services.
| ||||||
20 | All medical providers providing medical assistance to | ||||||
21 | pregnant individuals
under this Code shall receive information | ||||||
22 | from the Department on the
availability of services under any
| ||||||
23 | program providing case management services for addicted | ||||||
24 | individuals,
including information on appropriate referrals | ||||||
25 | for other social services
that may be needed by addicted | ||||||
26 | individuals in addition to treatment for addiction.
|
| |||||||
| |||||||
1 | The Illinois Department, in cooperation with the | ||||||
2 | Departments of Human
Services (as successor to the Department | ||||||
3 | of Alcoholism and Substance
Abuse) and Public Health, through | ||||||
4 | a public awareness campaign, may
provide information | ||||||
5 | concerning treatment for alcoholism and drug abuse and
| ||||||
6 | addiction, prenatal health care, and other pertinent programs | ||||||
7 | directed at
reducing the number of drug-affected infants born | ||||||
8 | to recipients of medical
assistance.
| ||||||
9 | Neither the Department of Healthcare and Family Services | ||||||
10 | nor the Department of Human
Services shall sanction the | ||||||
11 | recipient solely on the basis of the recipient's
substance | ||||||
12 | abuse.
| ||||||
13 | The Illinois Department shall establish such regulations | ||||||
14 | governing
the dispensing of health services under this Article | ||||||
15 | as it shall deem
appropriate. The Department
should
seek the | ||||||
16 | advice of formal professional advisory committees appointed by
| ||||||
17 | the Director of the Illinois Department for the purpose of | ||||||
18 | providing regular
advice on policy and administrative matters, | ||||||
19 | information dissemination and
educational activities for | ||||||
20 | medical and health care providers, and
consistency in | ||||||
21 | procedures to the Illinois Department.
| ||||||
22 | The Illinois Department may develop and contract with | ||||||
23 | Partnerships of
medical providers to arrange medical services | ||||||
24 | for persons eligible under
Section 5-2 of this Code. | ||||||
25 | Implementation of this Section may be by
demonstration | ||||||
26 | projects in certain geographic areas. The Partnership shall
be |
| |||||||
| |||||||
1 | represented by a sponsor organization. The Department, by | ||||||
2 | rule, shall
develop qualifications for sponsors of | ||||||
3 | Partnerships. Nothing in this
Section shall be construed to | ||||||
4 | require that the sponsor organization be a
medical | ||||||
5 | organization.
| ||||||
6 | The sponsor must negotiate formal written contracts with | ||||||
7 | medical
providers for physician services, inpatient and | ||||||
8 | outpatient hospital care,
home health services, treatment for | ||||||
9 | alcoholism and substance abuse, and
other services determined | ||||||
10 | necessary by the Illinois Department by rule for
delivery by | ||||||
11 | Partnerships. Physician services must include prenatal and
| ||||||
12 | obstetrical care. The Illinois Department shall reimburse | ||||||
13 | medical services
delivered by Partnership providers to clients | ||||||
14 | in target areas according to
provisions of this Article and | ||||||
15 | the Illinois Health Finance Reform Act,
except that:
| ||||||
16 | (1) Physicians participating in a Partnership and | ||||||
17 | providing certain
services, which shall be determined by | ||||||
18 | the Illinois Department, to persons
in areas covered by | ||||||
19 | the Partnership may receive an additional surcharge
for | ||||||
20 | such services.
| ||||||
21 | (2) The Department may elect to consider and negotiate | ||||||
22 | financial
incentives to encourage the development of | ||||||
23 | Partnerships and the efficient
delivery of medical care.
| ||||||
24 | (3) Persons receiving medical services through | ||||||
25 | Partnerships may receive
medical and case management | ||||||
26 | services above the level usually offered
through the |
| |||||||
| |||||||
1 | medical assistance program.
| ||||||
2 | Medical providers shall be required to meet certain | ||||||
3 | qualifications to
participate in Partnerships to ensure the | ||||||
4 | delivery of high quality medical
services. These | ||||||
5 | qualifications shall be determined by rule of the Illinois
| ||||||
6 | Department and may be higher than qualifications for | ||||||
7 | participation in the
medical assistance program. Partnership | ||||||
8 | sponsors may prescribe reasonable
additional qualifications | ||||||
9 | for participation by medical providers, only with
the prior | ||||||
10 | written approval of the Illinois Department.
| ||||||
11 | Nothing in this Section shall limit the free choice of | ||||||
12 | practitioners,
hospitals, and other providers of medical | ||||||
13 | services by clients.
In order to ensure patient freedom of | ||||||
14 | choice, the Illinois Department shall
immediately promulgate | ||||||
15 | all rules and take all other necessary actions so that
| ||||||
16 | provided services may be accessed from therapeutically | ||||||
17 | certified optometrists
to the full extent of the Illinois | ||||||
18 | Optometric Practice Act of 1987 without
discriminating between | ||||||
19 | service providers.
| ||||||
20 | The Department shall apply for a waiver from the United | ||||||
21 | States Health
Care Financing Administration to allow for the | ||||||
22 | implementation of
Partnerships under this Section.
| ||||||
23 | The Illinois Department shall require health care | ||||||
24 | providers to maintain
records that document the medical care | ||||||
25 | and services provided to recipients
of Medical Assistance | ||||||
26 | under this Article. Such records must be retained for a period |
| |||||||
| |||||||
1 | of not less than 6 years from the date of service or as | ||||||
2 | provided by applicable State law, whichever period is longer, | ||||||
3 | except that if an audit is initiated within the required | ||||||
4 | retention period then the records must be retained until the | ||||||
5 | audit is completed and every exception is resolved. The | ||||||
6 | Illinois Department shall
require health care providers to | ||||||
7 | make available, when authorized by the
patient, in writing, | ||||||
8 | the medical records in a timely fashion to other
health care | ||||||
9 | providers who are treating or serving persons eligible for
| ||||||
10 | Medical Assistance under this Article. All dispensers of | ||||||
11 | medical services
shall be required to maintain and retain | ||||||
12 | business and professional records
sufficient to fully and | ||||||
13 | accurately document the nature, scope, details and
receipt of | ||||||
14 | the health care provided to persons eligible for medical
| ||||||
15 | assistance under this Code, in accordance with regulations | ||||||
16 | promulgated by
the Illinois Department. The rules and | ||||||
17 | regulations shall require that proof
of the receipt of | ||||||
18 | prescription drugs, dentures, prosthetic devices and
| ||||||
19 | eyeglasses by eligible persons under this Section accompany | ||||||
20 | each claim
for reimbursement submitted by the dispenser of | ||||||
21 | such medical services.
No such claims for reimbursement shall | ||||||
22 | be approved for payment by the Illinois
Department without | ||||||
23 | such proof of receipt, unless the Illinois Department
shall | ||||||
24 | have put into effect and shall be operating a system of | ||||||
25 | post-payment
audit and review which shall, on a sampling | ||||||
26 | basis, be deemed adequate by
the Illinois Department to assure |
| |||||||
| |||||||
1 | that such drugs, dentures, prosthetic
devices and eyeglasses | ||||||
2 | for which payment is being made are actually being
received by | ||||||
3 | eligible recipients. Within 90 days after September 16, 1984 | ||||||
4 | (the effective date of Public Act 83-1439), the Illinois | ||||||
5 | Department shall establish a
current list of acquisition costs | ||||||
6 | for all prosthetic devices and any
other items recognized as | ||||||
7 | medical equipment and supplies reimbursable under
this Article | ||||||
8 | and shall update such list on a quarterly basis, except that
| ||||||
9 | the acquisition costs of all prescription drugs shall be | ||||||
10 | updated no
less frequently than every 30 days as required by | ||||||
11 | Section 5-5.12.
| ||||||
12 | Notwithstanding any other law to the contrary, the | ||||||
13 | Illinois Department shall, within 365 days after July 22, 2013 | ||||||
14 | (the effective date of Public Act 98-104), establish | ||||||
15 | procedures to permit skilled care facilities licensed under | ||||||
16 | the Nursing Home Care Act to submit monthly billing claims for | ||||||
17 | reimbursement purposes. Following development of these | ||||||
18 | procedures, the Department shall, by July 1, 2016, test the | ||||||
19 | viability of the new system and implement any necessary | ||||||
20 | operational or structural changes to its information | ||||||
21 | technology platforms in order to allow for the direct | ||||||
22 | acceptance and payment of nursing home claims. | ||||||
23 | Notwithstanding any other law to the contrary, the | ||||||
24 | Illinois Department shall, within 365 days after August 15, | ||||||
25 | 2014 (the effective date of Public Act 98-963), establish | ||||||
26 | procedures to permit ID/DD facilities licensed under the ID/DD |
| |||||||
| |||||||
1 | Community Care Act and MC/DD facilities licensed under the | ||||||
2 | MC/DD Act to submit monthly billing claims for reimbursement | ||||||
3 | purposes. Following development of these procedures, the | ||||||
4 | Department shall have an additional 365 days to test the | ||||||
5 | viability of the new system and to ensure that any necessary | ||||||
6 | operational or structural changes to its information | ||||||
7 | technology platforms are implemented. | ||||||
8 | The Illinois Department shall require all dispensers of | ||||||
9 | medical
services, other than an individual practitioner or | ||||||
10 | group of practitioners,
desiring to participate in the Medical | ||||||
11 | Assistance program
established under this Article to disclose | ||||||
12 | all financial, beneficial,
ownership, equity, surety or other | ||||||
13 | interests in any and all firms,
corporations, partnerships, | ||||||
14 | associations, business enterprises, joint
ventures, agencies, | ||||||
15 | institutions or other legal entities providing any
form of | ||||||
16 | health care services in this State under this Article.
| ||||||
17 | The Illinois Department may require that all dispensers of | ||||||
18 | medical
services desiring to participate in the medical | ||||||
19 | assistance program
established under this Article disclose, | ||||||
20 | under such terms and conditions as
the Illinois Department may | ||||||
21 | by rule establish, all inquiries from clients
and attorneys | ||||||
22 | regarding medical bills paid by the Illinois Department, which
| ||||||
23 | inquiries could indicate potential existence of claims or | ||||||
24 | liens for the
Illinois Department.
| ||||||
25 | Enrollment of a vendor
shall be
subject to a provisional | ||||||
26 | period and shall be conditional for one year. During the |
| |||||||
| |||||||
1 | period of conditional enrollment, the Department may
terminate | ||||||
2 | the vendor's eligibility to participate in, or may disenroll | ||||||
3 | the vendor from, the medical assistance
program without cause. | ||||||
4 | Unless otherwise specified, such termination of eligibility or | ||||||
5 | disenrollment is not subject to the
Department's hearing | ||||||
6 | process.
However, a disenrolled vendor may reapply without | ||||||
7 | penalty.
| ||||||
8 | The Department has the discretion to limit the conditional | ||||||
9 | enrollment period for vendors based upon category of risk of | ||||||
10 | the vendor. | ||||||
11 | Prior to enrollment and during the conditional enrollment | ||||||
12 | period in the medical assistance program, all vendors shall be | ||||||
13 | subject to enhanced oversight, screening, and review based on | ||||||
14 | the risk of fraud, waste, and abuse that is posed by the | ||||||
15 | category of risk of the vendor. The Illinois Department shall | ||||||
16 | establish the procedures for oversight, screening, and review, | ||||||
17 | which may include, but need not be limited to: criminal and | ||||||
18 | financial background checks; fingerprinting; license, | ||||||
19 | certification, and authorization verifications; unscheduled or | ||||||
20 | unannounced site visits; database checks; prepayment audit | ||||||
21 | reviews; audits; payment caps; payment suspensions; and other | ||||||
22 | screening as required by federal or State law. | ||||||
23 | The Department shall define or specify the following: (i) | ||||||
24 | by provider notice, the "category of risk of the vendor" for | ||||||
25 | each type of vendor, which shall take into account the level of | ||||||
26 | screening applicable to a particular category of vendor under |
| |||||||
| |||||||
1 | federal law and regulations; (ii) by rule or provider notice, | ||||||
2 | the maximum length of the conditional enrollment period for | ||||||
3 | each category of risk of the vendor; and (iii) by rule, the | ||||||
4 | hearing rights, if any, afforded to a vendor in each category | ||||||
5 | of risk of the vendor that is terminated or disenrolled during | ||||||
6 | the conditional enrollment period. | ||||||
7 | To be eligible for payment consideration, a vendor's | ||||||
8 | payment claim or bill, either as an initial claim or as a | ||||||
9 | resubmitted claim following prior rejection, must be received | ||||||
10 | by the Illinois Department, or its fiscal intermediary, no | ||||||
11 | later than 180 days after the latest date on the claim on which | ||||||
12 | medical goods or services were provided, with the following | ||||||
13 | exceptions: | ||||||
14 | (1) In the case of a provider whose enrollment is in | ||||||
15 | process by the Illinois Department, the 180-day period | ||||||
16 | shall not begin until the date on the written notice from | ||||||
17 | the Illinois Department that the provider enrollment is | ||||||
18 | complete. | ||||||
19 | (2) In the case of errors attributable to the Illinois | ||||||
20 | Department or any of its claims processing intermediaries | ||||||
21 | which result in an inability to receive, process, or | ||||||
22 | adjudicate a claim, the 180-day period shall not begin | ||||||
23 | until the provider has been notified of the error. | ||||||
24 | (3) In the case of a provider for whom the Illinois | ||||||
25 | Department initiates the monthly billing process. | ||||||
26 | (4) In the case of a provider operated by a unit of |
| |||||||
| |||||||
1 | local government with a population exceeding 3,000,000 | ||||||
2 | when local government funds finance federal participation | ||||||
3 | for claims payments. | ||||||
4 | For claims for services rendered during a period for which | ||||||
5 | a recipient received retroactive eligibility, claims must be | ||||||
6 | filed within 180 days after the Department determines the | ||||||
7 | applicant is eligible. For claims for which the Illinois | ||||||
8 | Department is not the primary payer, claims must be submitted | ||||||
9 | to the Illinois Department within 180 days after the final | ||||||
10 | adjudication by the primary payer. | ||||||
11 | In the case of long term care facilities, within 120 | ||||||
12 | calendar days of receipt by the facility of required | ||||||
13 | prescreening information, new admissions with associated | ||||||
14 | admission documents shall be submitted through the Medical | ||||||
15 | Electronic Data Interchange (MEDI) or the Recipient | ||||||
16 | Eligibility Verification (REV) System or shall be submitted | ||||||
17 | directly to the Department of Human Services using required | ||||||
18 | admission forms. Effective September
1, 2014, admission | ||||||
19 | documents, including all prescreening
information, must be | ||||||
20 | submitted through MEDI or REV. Confirmation numbers assigned | ||||||
21 | to an accepted transaction shall be retained by a facility to | ||||||
22 | verify timely submittal. Once an admission transaction has | ||||||
23 | been completed, all resubmitted claims following prior | ||||||
24 | rejection are subject to receipt no later than 180 days after | ||||||
25 | the admission transaction has been completed. | ||||||
26 | Claims that are not submitted and received in compliance |
| |||||||
| |||||||
1 | with the foregoing requirements shall not be eligible for | ||||||
2 | payment under the medical assistance program, and the State | ||||||
3 | shall have no liability for payment of those claims. | ||||||
4 | To the extent consistent with applicable information and | ||||||
5 | privacy, security, and disclosure laws, State and federal | ||||||
6 | agencies and departments shall provide the Illinois Department | ||||||
7 | access to confidential and other information and data | ||||||
8 | necessary to perform eligibility and payment verifications and | ||||||
9 | other Illinois Department functions. This includes, but is not | ||||||
10 | limited to: information pertaining to licensure; | ||||||
11 | certification; earnings; immigration status; citizenship; wage | ||||||
12 | reporting; unearned and earned income; pension income; | ||||||
13 | employment; supplemental security income; social security | ||||||
14 | numbers; National Provider Identifier (NPI) numbers; the | ||||||
15 | National Practitioner Data Bank (NPDB); program and agency | ||||||
16 | exclusions; taxpayer identification numbers; tax delinquency; | ||||||
17 | corporate information; and death records. | ||||||
18 | The Illinois Department shall enter into agreements with | ||||||
19 | State agencies and departments, and is authorized to enter | ||||||
20 | into agreements with federal agencies and departments, under | ||||||
21 | which such agencies and departments shall share data necessary | ||||||
22 | for medical assistance program integrity functions and | ||||||
23 | oversight. The Illinois Department shall develop, in | ||||||
24 | cooperation with other State departments and agencies, and in | ||||||
25 | compliance with applicable federal laws and regulations, | ||||||
26 | appropriate and effective methods to share such data. At a |
| |||||||
| |||||||
1 | minimum, and to the extent necessary to provide data sharing, | ||||||
2 | the Illinois Department shall enter into agreements with State | ||||||
3 | agencies and departments, and is authorized to enter into | ||||||
4 | agreements with federal agencies and departments, including, | ||||||
5 | but not limited to: the Secretary of State; the Department of | ||||||
6 | Revenue; the Department of Public Health; the Department of | ||||||
7 | Human Services; and the Department of Financial and | ||||||
8 | Professional Regulation. | ||||||
9 | Beginning in fiscal year 2013, the Illinois Department | ||||||
10 | shall set forth a request for information to identify the | ||||||
11 | benefits of a pre-payment, post-adjudication, and post-edit | ||||||
12 | claims system with the goals of streamlining claims processing | ||||||
13 | and provider reimbursement, reducing the number of pending or | ||||||
14 | rejected claims, and helping to ensure a more transparent | ||||||
15 | adjudication process through the utilization of: (i) provider | ||||||
16 | data verification and provider screening technology; and (ii) | ||||||
17 | clinical code editing; and (iii) pre-pay, pre- or | ||||||
18 | post-adjudicated predictive modeling with an integrated case | ||||||
19 | management system with link analysis. Such a request for | ||||||
20 | information shall not be considered as a request for proposal | ||||||
21 | or as an obligation on the part of the Illinois Department to | ||||||
22 | take any action or acquire any products or services. | ||||||
23 | The Illinois Department shall establish policies, | ||||||
24 | procedures,
standards and criteria by rule for the | ||||||
25 | acquisition, repair and replacement
of orthotic and prosthetic | ||||||
26 | devices and durable medical equipment. Such
rules shall |
| |||||||
| |||||||
1 | provide, but not be limited to, the following services: (1)
| ||||||
2 | immediate repair or replacement of such devices by recipients; | ||||||
3 | and (2) rental, lease, purchase or lease-purchase of
durable | ||||||
4 | medical equipment in a cost-effective manner, taking into
| ||||||
5 | consideration the recipient's medical prognosis, the extent of | ||||||
6 | the
recipient's needs, and the requirements and costs for | ||||||
7 | maintaining such
equipment. Subject to prior approval, such | ||||||
8 | rules shall enable a recipient to temporarily acquire and
use | ||||||
9 | alternative or substitute devices or equipment pending repairs | ||||||
10 | or
replacements of any device or equipment previously | ||||||
11 | authorized for such
recipient by the Department. | ||||||
12 | Notwithstanding any provision of Section 5-5f to the contrary, | ||||||
13 | the Department may, by rule, exempt certain replacement | ||||||
14 | wheelchair parts from prior approval and, for wheelchairs, | ||||||
15 | wheelchair parts, wheelchair accessories, and related seating | ||||||
16 | and positioning items, determine the wholesale price by | ||||||
17 | methods other than actual acquisition costs. | ||||||
18 | The Department shall require, by rule, all providers of | ||||||
19 | durable medical equipment to be accredited by an accreditation | ||||||
20 | organization approved by the federal Centers for Medicare and | ||||||
21 | Medicaid Services and recognized by the Department in order to | ||||||
22 | bill the Department for providing durable medical equipment to | ||||||
23 | recipients. No later than 15 months after the effective date | ||||||
24 | of the rule adopted pursuant to this paragraph, all providers | ||||||
25 | must meet the accreditation requirement.
| ||||||
26 | In order to promote environmental responsibility, meet the |
| |||||||
| |||||||
1 | needs of recipients and enrollees, and achieve significant | ||||||
2 | cost savings, the Department, or a managed care organization | ||||||
3 | under contract with the Department, may provide recipients or | ||||||
4 | managed care enrollees who have a prescription or Certificate | ||||||
5 | of Medical Necessity access to refurbished durable medical | ||||||
6 | equipment under this Section (excluding prosthetic and | ||||||
7 | orthotic devices as defined in the Orthotics, Prosthetics, and | ||||||
8 | Pedorthics Practice Act and complex rehabilitation technology | ||||||
9 | products and associated services) through the State's | ||||||
10 | assistive technology program's reutilization program, using | ||||||
11 | staff with the Assistive Technology Professional (ATP) | ||||||
12 | Certification if the refurbished durable medical equipment: | ||||||
13 | (i) is available; (ii) is less expensive, including shipping | ||||||
14 | costs, than new durable medical equipment of the same type; | ||||||
15 | (iii) is able to withstand at least 3 years of use; (iv) is | ||||||
16 | cleaned, disinfected, sterilized, and safe in accordance with | ||||||
17 | federal Food and Drug Administration regulations and guidance | ||||||
18 | governing the reprocessing of medical devices in health care | ||||||
19 | settings; and (v) equally meets the needs of the recipient or | ||||||
20 | enrollee. The reutilization program shall confirm that the | ||||||
21 | recipient or enrollee is not already in receipt of the same or | ||||||
22 | similar equipment from another service provider, and that the | ||||||
23 | refurbished durable medical equipment equally meets the needs | ||||||
24 | of the recipient or enrollee. Nothing in this paragraph shall | ||||||
25 | be construed to limit recipient or enrollee choice to obtain | ||||||
26 | new durable medical equipment or place any additional prior |
| |||||||
| |||||||
1 | authorization conditions on enrollees of managed care | ||||||
2 | organizations. | ||||||
3 | The Department shall execute, relative to the nursing home | ||||||
4 | prescreening
project, written inter-agency agreements with the | ||||||
5 | Department of Human
Services and the Department on Aging, to | ||||||
6 | effect the following: (i) intake
procedures and common | ||||||
7 | eligibility criteria for those persons who are receiving
| ||||||
8 | non-institutional services; and (ii) the establishment and | ||||||
9 | development of
non-institutional services in areas of the | ||||||
10 | State where they are not currently
available or are | ||||||
11 | undeveloped; and (iii) notwithstanding any other provision of | ||||||
12 | law, subject to federal approval, on and after July 1, 2012, an | ||||||
13 | increase in the determination of need (DON) scores from 29 to | ||||||
14 | 37 for applicants for institutional and home and | ||||||
15 | community-based long term care; if and only if federal | ||||||
16 | approval is not granted, the Department may, in conjunction | ||||||
17 | with other affected agencies, implement utilization controls | ||||||
18 | or changes in benefit packages to effectuate a similar savings | ||||||
19 | amount for this population; and (iv) no later than July 1, | ||||||
20 | 2013, minimum level of care eligibility criteria for | ||||||
21 | institutional and home and community-based long term care; and | ||||||
22 | (v) no later than October 1, 2013, establish procedures to | ||||||
23 | permit long term care providers access to eligibility scores | ||||||
24 | for individuals with an admission date who are seeking or | ||||||
25 | receiving services from the long term care provider. In order | ||||||
26 | to select the minimum level of care eligibility criteria, the |
| |||||||
| |||||||
1 | Governor shall establish a workgroup that includes affected | ||||||
2 | agency representatives and stakeholders representing the | ||||||
3 | institutional and home and community-based long term care | ||||||
4 | interests. This Section shall not restrict the Department from | ||||||
5 | implementing lower level of care eligibility criteria for | ||||||
6 | community-based services in circumstances where federal | ||||||
7 | approval has been granted.
| ||||||
8 | The Illinois Department shall develop and operate, in | ||||||
9 | cooperation
with other State Departments and agencies and in | ||||||
10 | compliance with
applicable federal laws and regulations, | ||||||
11 | appropriate and effective
systems of health care evaluation | ||||||
12 | and programs for monitoring of
utilization of health care | ||||||
13 | services and facilities, as it affects
persons eligible for | ||||||
14 | medical assistance under this Code.
| ||||||
15 | The Illinois Department shall report annually to the | ||||||
16 | General Assembly,
no later than the second Friday in April of | ||||||
17 | 1979 and each year
thereafter, in regard to:
| ||||||
18 | (a) actual statistics and trends in utilization of | ||||||
19 | medical services by
public aid recipients;
| ||||||
20 | (b) actual statistics and trends in the provision of | ||||||
21 | the various medical
services by medical vendors;
| ||||||
22 | (c) current rate structures and proposed changes in | ||||||
23 | those rate structures
for the various medical vendors; and
| ||||||
24 | (d) efforts at utilization review and control by the | ||||||
25 | Illinois Department.
| ||||||
26 | The period covered by each report shall be the 3 years |
| |||||||
| |||||||
1 | ending on the June
30 prior to the report. The report shall | ||||||
2 | include suggested legislation
for consideration by the General | ||||||
3 | Assembly. The requirement for reporting to the General | ||||||
4 | Assembly shall be satisfied
by filing copies of the report as | ||||||
5 | required by Section 3.1 of the General Assembly Organization | ||||||
6 | Act, and filing such additional
copies
with the State | ||||||
7 | Government Report Distribution Center for the General
Assembly | ||||||
8 | as is required under paragraph (t) of Section 7 of the State
| ||||||
9 | Library Act.
| ||||||
10 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
11 | any, is conditioned on the rules being adopted in accordance | ||||||
12 | with all provisions of the Illinois Administrative Procedure | ||||||
13 | Act and all rules and procedures of the Joint Committee on | ||||||
14 | Administrative Rules; any purported rule not so adopted, for | ||||||
15 | whatever reason, is unauthorized. | ||||||
16 | On and after July 1, 2012, the Department shall reduce any | ||||||
17 | rate of reimbursement for services or other payments or alter | ||||||
18 | any methodologies authorized by this Code to reduce any rate | ||||||
19 | of reimbursement for services or other payments in accordance | ||||||
20 | with Section 5-5e. | ||||||
21 | Because kidney transplantation can be an appropriate, | ||||||
22 | cost-effective
alternative to renal dialysis when medically | ||||||
23 | necessary and notwithstanding the provisions of Section 1-11 | ||||||
24 | of this Code, beginning October 1, 2014, the Department shall | ||||||
25 | cover kidney transplantation for noncitizens with end-stage | ||||||
26 | renal disease who are not eligible for comprehensive medical |
| |||||||
| |||||||
1 | benefits, who meet the residency requirements of Section 5-3 | ||||||
2 | of this Code, and who would otherwise meet the financial | ||||||
3 | requirements of the appropriate class of eligible persons | ||||||
4 | under Section 5-2 of this Code. To qualify for coverage of | ||||||
5 | kidney transplantation, such person must be receiving | ||||||
6 | emergency renal dialysis services covered by the Department. | ||||||
7 | Providers under this Section shall be prior approved and | ||||||
8 | certified by the Department to perform kidney transplantation | ||||||
9 | and the services under this Section shall be limited to | ||||||
10 | services associated with kidney transplantation. | ||||||
11 | Notwithstanding any other provision of this Code to the | ||||||
12 | contrary, on or after July 1, 2015, all FDA approved forms of | ||||||
13 | medication assisted treatment prescribed for the treatment of | ||||||
14 | alcohol dependence or treatment of opioid dependence shall be | ||||||
15 | covered under both fee for service and managed care medical | ||||||
16 | assistance programs for persons who are otherwise eligible for | ||||||
17 | medical assistance under this Article and shall not be subject | ||||||
18 | to any (1) utilization control, other than those established | ||||||
19 | under the American Society of Addiction Medicine patient | ||||||
20 | placement criteria,
(2) prior authorization mandate, or (3) | ||||||
21 | lifetime restriction limit
mandate. | ||||||
22 | On or after July 1, 2015, opioid antagonists prescribed | ||||||
23 | for the treatment of an opioid overdose, including the | ||||||
24 | medication product, administration devices, and any pharmacy | ||||||
25 | fees or hospital fees related to the dispensing, distribution, | ||||||
26 | and administration of the opioid antagonist, shall be covered |
| |||||||
| |||||||
1 | under the medical assistance program for persons who are | ||||||
2 | otherwise eligible for medical assistance under this Article. | ||||||
3 | As used in this Section, "opioid antagonist" means a drug that | ||||||
4 | binds to opioid receptors and blocks or inhibits the effect of | ||||||
5 | opioids acting on those receptors, including, but not limited | ||||||
6 | to, naloxone hydrochloride or any other similarly acting drug | ||||||
7 | approved by the U.S. Food and Drug Administration. | ||||||
8 | Upon federal approval, the Department shall provide | ||||||
9 | coverage and reimbursement for all drugs that are approved for | ||||||
10 | marketing by the federal Food and Drug Administration and that | ||||||
11 | are recommended by the federal Public Health Service or the | ||||||
12 | United States Centers for Disease Control and Prevention for | ||||||
13 | pre-exposure prophylaxis and related pre-exposure prophylaxis | ||||||
14 | services, including, but not limited to, HIV and sexually | ||||||
15 | transmitted infection screening, treatment for sexually | ||||||
16 | transmitted infections, medical monitoring, assorted labs, and | ||||||
17 | counseling to reduce the likelihood of HIV infection among | ||||||
18 | individuals who are not infected with HIV but who are at high | ||||||
19 | risk of HIV infection. | ||||||
20 | A federally qualified health center, as defined in Section | ||||||
21 | 1905(l)(2)(B) of the federal
Social Security Act, shall be | ||||||
22 | reimbursed by the Department in accordance with the federally | ||||||
23 | qualified health center's encounter rate for services provided | ||||||
24 | to medical assistance recipients that are performed by a | ||||||
25 | dental hygienist, as defined under the Illinois Dental | ||||||
26 | Practice Act, working under the general supervision of a |
| |||||||
| |||||||
1 | dentist and employed by a federally qualified health center. | ||||||
2 | Within 90 days after October 8, 2021 ( the effective date | ||||||
3 | of Public Act 102-665) this amendatory Act of the 102nd | ||||||
4 | General Assembly , the Department shall seek federal approval | ||||||
5 | of a State Plan amendment to expand coverage for family | ||||||
6 | planning services that includes presumptive eligibility to | ||||||
7 | individuals whose income is at or below 208% of the federal | ||||||
8 | poverty level. Coverage under this Section shall be effective | ||||||
9 | beginning no later than December 1, 2022. | ||||||
10 | Subject to approval by the federal Centers for Medicare | ||||||
11 | and Medicaid Services of a Title XIX State Plan amendment | ||||||
12 | electing the Program of All-Inclusive Care for the Elderly | ||||||
13 | (PACE) as a State Medicaid option, as provided for by Subtitle | ||||||
14 | I (commencing with Section 4801) of Title IV of the Balanced | ||||||
15 | Budget Act of 1997 (Public Law 105-33) and Part 460 | ||||||
16 | (commencing with Section 460.2) of Subchapter E of Title 42 of | ||||||
17 | the Code of Federal Regulations, PACE program services shall | ||||||
18 | become a covered benefit of the medical assistance program, | ||||||
19 | subject to criteria established in accordance with all | ||||||
20 | applicable laws. | ||||||
21 | Notwithstanding any other provision of this Code, | ||||||
22 | community-based pediatric palliative care from a trained | ||||||
23 | interdisciplinary team shall be covered under the medical | ||||||
24 | assistance program as provided in Section 15 of the Pediatric | ||||||
25 | Palliative
Care Act. | ||||||
26 | (Source: P.A. 101-209, eff. 8-5-19; 101-580, eff. 1-1-20; |
| |||||||
| |||||||
1 | 102-43, Article 30, Section 30-5, eff. 7-6-21; 102-43, Article | ||||||
2 | 35, Section 35-5, eff. 7-6-21; 102-43, Article 55, Section | ||||||
3 | 55-5, eff. 7-6-21; 102-95, eff. 1-1-22; 102-123, eff. 1-1-22; | ||||||
4 | 102-558, eff. 8-20-21; 102-598, eff. 1-1-22; 102-655, eff. | ||||||
5 | 1-1-22; 102-665, eff. 10-8-21; revised 11-18-21.) | ||||||
6 | (305 ILCS 5/5-5.12d) | ||||||
7 | Sec. 5-5.12d. Coverage for patient care services for | ||||||
8 | hormonal contraceptives provided by a pharmacist. | ||||||
9 | (a) Subject to approval by the federal Centers for | ||||||
10 | Medicare and Medicaid Services, the medical assistance | ||||||
11 | program, including both the fee-for-service and managed care | ||||||
12 | medical assistance programs established under this Article, | ||||||
13 | shall cover patient care services provided by a pharmacist for | ||||||
14 | hormonal contraceptives assessment and consultation. | ||||||
15 | (b) The Department shall establish a fee schedule for | ||||||
16 | patient care services provided by a pharmacist for hormonal | ||||||
17 | contraceptives assessment and consultation. | ||||||
18 | (c) The rate of reimbursement for patient care services | ||||||
19 | provided by a pharmacist for hormonal contraceptives | ||||||
20 | assessment and consultation shall be at 85% of the fee | ||||||
21 | schedule for physician services by the medical assistance | ||||||
22 | program. | ||||||
23 | (d) A pharmacist must be enrolled in the medical | ||||||
24 | assistance program as an ordering and referring provider prior | ||||||
25 | to providing hormonal contraceptives assessment and |
| |||||||
| |||||||
1 | consultation that is submitted by a pharmacy or pharmacist | ||||||
2 | provider for reimbursement pursuant to this Section. | ||||||
3 | (e) The Department shall apply for any necessary federal | ||||||
4 | waivers or approvals to implement this Section by January 1, | ||||||
5 | 2022. | ||||||
6 | (f) This Section does not restrict or prohibit any | ||||||
7 | services currently provided by pharmacists as authorized by | ||||||
8 | law, including, but not limited to, pharmacist services | ||||||
9 | provided under this Code or authorized under the Illinois | ||||||
10 | Title XIX State Plan. | ||||||
11 | (g) The Department shall submit to the Joint Committee on | ||||||
12 | Administrative Rules administrative rules for this Section as | ||||||
13 | soon as practicable but no later than 6 months after federal | ||||||
14 | approval is received.
| ||||||
15 | (Source: P.A. 102-103, eff. 1-1-22.)
| ||||||
16 | (305 ILCS 5/5-5.12e)
| ||||||
17 | Sec. 5-5.12e 5-5.12d . Managed care organization prior | ||||||
18 | authorization of health care services. | ||||||
19 | (a) As used in this Section, "health care service" has the | ||||||
20 | meaning given to that term in the Prior Authorization Reform | ||||||
21 | Act. | ||||||
22 | (b) Notwithstanding any other provision of law to the | ||||||
23 | contrary, all managed care organizations shall comply with the | ||||||
24 | requirements of the Prior Authorization Reform Act.
| ||||||
25 | (Source: P.A. 102-409, eff. 1-1-22; revised 11-10-21.)
|
| |||||||
| |||||||
1 | (305 ILCS 5/5-5f)
| ||||||
2 | Sec. 5-5f. Elimination and limitations of medical | ||||||
3 | assistance services. Notwithstanding any other provision of | ||||||
4 | this Code to the contrary, on and after July 1, 2012: | ||||||
5 | (a) The following service shall no longer be a covered | ||||||
6 | service available under this Code: group psychotherapy for | ||||||
7 | residents of any facility licensed under the Nursing Home | ||||||
8 | Care Act or the Specialized Mental Health Rehabilitation | ||||||
9 | Act of 2013. | ||||||
10 | (b) The Department shall place the following | ||||||
11 | limitations on services: (i) the Department shall limit | ||||||
12 | adult eyeglasses to one pair every 2 years; however, the | ||||||
13 | limitation does not apply to an individual who needs | ||||||
14 | different eyeglasses following a surgical procedure such | ||||||
15 | as cataract surgery; (ii) the Department shall set an | ||||||
16 | annual limit of a maximum of 20 visits for each of the | ||||||
17 | following services: adult speech, hearing, and language | ||||||
18 | therapy services, adult occupational therapy services, and | ||||||
19 | physical therapy services; on or after October 1, 2014, | ||||||
20 | the annual maximum limit of 20 visits shall expire but the | ||||||
21 | Department may require prior approval for all individuals | ||||||
22 | for speech, hearing, and language therapy services, | ||||||
23 | occupational therapy services, and physical therapy | ||||||
24 | services; (iii) the Department shall limit adult podiatry | ||||||
25 | services to individuals with diabetes; on or after October |
| |||||||
| |||||||
1 | 1, 2014, podiatry services shall not be limited to | ||||||
2 | individuals with diabetes; (iv) the Department shall pay | ||||||
3 | for caesarean sections at the normal vaginal delivery rate | ||||||
4 | unless a caesarean section was medically necessary; (v) | ||||||
5 | the Department shall limit adult dental services to | ||||||
6 | emergencies; beginning July 1, 2013, the Department shall | ||||||
7 | ensure that the following conditions are recognized as | ||||||
8 | emergencies: (A) dental services necessary for an | ||||||
9 | individual in order for the individual to be cleared for a | ||||||
10 | medical procedure, such as a transplant;
(B) extractions | ||||||
11 | and dentures necessary for a diabetic to receive proper | ||||||
12 | nutrition;
(C) extractions and dentures necessary as a | ||||||
13 | result of cancer treatment; and (D) dental services | ||||||
14 | necessary for the health of a pregnant woman prior to | ||||||
15 | delivery of her baby; on or after July 1, 2014, adult | ||||||
16 | dental services shall no longer be limited to emergencies, | ||||||
17 | and dental services necessary for the health of a pregnant | ||||||
18 | woman prior to delivery of her baby shall continue to be | ||||||
19 | covered; and (vi) effective July 1, 2012 through June 30, | ||||||
20 | 2021, the Department shall place limitations and require | ||||||
21 | concurrent review on every inpatient detoxification stay | ||||||
22 | to prevent repeat admissions to any hospital for | ||||||
23 | detoxification within 60 days of a previous inpatient | ||||||
24 | detoxification stay. The Department shall convene a | ||||||
25 | workgroup of hospitals, substance abuse providers, care | ||||||
26 | coordination entities, managed care plans, and other |
| |||||||
| |||||||
1 | stakeholders to develop recommendations for quality | ||||||
2 | standards, diversion to other settings, and admission | ||||||
3 | criteria for patients who need inpatient detoxification, | ||||||
4 | which shall be published on the Department's website no | ||||||
5 | later than September 1, 2013. | ||||||
6 | (c) The Department shall require prior approval of the | ||||||
7 | following services: wheelchair repairs costing more than | ||||||
8 | $750, coronary artery bypass graft, and bariatric surgery | ||||||
9 | consistent with Medicare standards concerning patient | ||||||
10 | responsibility. Wheelchair repair prior approval requests | ||||||
11 | shall be adjudicated within one business day of receipt of | ||||||
12 | complete supporting documentation. Providers may not break | ||||||
13 | wheelchair repairs into separate claims for purposes of | ||||||
14 | staying under the $750 threshold for requiring prior | ||||||
15 | approval. The wholesale price of manual and power | ||||||
16 | wheelchairs, durable medical equipment and supplies, and | ||||||
17 | complex rehabilitation technology products and services | ||||||
18 | shall be defined as actual acquisition cost including all | ||||||
19 | discounts. | ||||||
20 | (d) The Department shall establish benchmarks for | ||||||
21 | hospitals to measure and align payments to reduce | ||||||
22 | potentially preventable hospital readmissions, inpatient | ||||||
23 | complications, and unnecessary emergency room visits. In | ||||||
24 | doing so, the Department shall consider items, including, | ||||||
25 | but not limited to, historic and current acuity of care | ||||||
26 | and historic and current trends in readmission. The |
| |||||||
| |||||||
1 | Department shall publish provider-specific historical | ||||||
2 | readmission data and anticipated potentially preventable | ||||||
3 | targets 60 days prior to the start of the program. In the | ||||||
4 | instance of readmissions, the Department shall adopt | ||||||
5 | policies and rates of reimbursement for services and other | ||||||
6 | payments provided under this Code to ensure that, by June | ||||||
7 | 30, 2013, expenditures to hospitals are reduced by, at a | ||||||
8 | minimum, $40,000,000. | ||||||
9 | (e) The Department shall establish utilization | ||||||
10 | controls for the hospice program such that it shall not | ||||||
11 | pay for other care services when an individual is in | ||||||
12 | hospice. | ||||||
13 | (f) For home health services, the Department shall | ||||||
14 | require Medicare certification of providers participating | ||||||
15 | in the program and implement the Medicare face-to-face | ||||||
16 | encounter rule. The Department shall require providers to | ||||||
17 | implement auditable electronic service verification based | ||||||
18 | on global positioning systems or other cost-effective | ||||||
19 | technology. | ||||||
20 | (g) For the Home Services Program operated by the | ||||||
21 | Department of Human Services and the Community Care | ||||||
22 | Program operated by the Department on Aging, the | ||||||
23 | Department of Human Services, in cooperation with the | ||||||
24 | Department on Aging, shall implement an electronic service | ||||||
25 | verification based on global positioning systems or other | ||||||
26 | cost-effective technology. |
| |||||||
| |||||||
1 | (h) Effective with inpatient hospital admissions on or | ||||||
2 | after July 1, 2012, the Department shall reduce the | ||||||
3 | payment for a claim that indicates the occurrence of a | ||||||
4 | provider-preventable condition during the admission as | ||||||
5 | specified by the Department in rules. The Department shall | ||||||
6 | not pay for services related to an other | ||||||
7 | provider-preventable condition. | ||||||
8 | As used in this subsection (h): | ||||||
9 | "Provider-preventable condition" means a health care | ||||||
10 | acquired condition as defined under the federal Medicaid | ||||||
11 | regulation found at 42 CFR 447.26 or an other | ||||||
12 | provider-preventable condition. | ||||||
13 | "Other provider-preventable condition" means a wrong | ||||||
14 | surgical or other invasive procedure performed on a | ||||||
15 | patient, a surgical or other invasive procedure performed | ||||||
16 | on the wrong body part, or a surgical procedure or other | ||||||
17 | invasive procedure performed on the wrong patient. | ||||||
18 | (i) The Department shall implement cost savings | ||||||
19 | initiatives for advanced imaging services, cardiac imaging | ||||||
20 | services, pain management services, and back surgery. Such | ||||||
21 | initiatives shall be designed to achieve annual costs | ||||||
22 | savings.
| ||||||
23 | (j) The Department shall ensure that beneficiaries | ||||||
24 | with a diagnosis of epilepsy or seizure disorder in | ||||||
25 | Department records will not require prior approval for | ||||||
26 | anticonvulsants. |
| |||||||
| |||||||
1 | (Source: P.A. 101-209, eff. 8-5-19; 102-43, Article 5, Section | ||||||
2 | 5-5, eff. 7-6-21; 102-43, Article 30, Section 30-5, eff. | ||||||
3 | 7-6-21; 102-43, Article 80, Section 80-5, eff. 7-6-21; revised | ||||||
4 | 7-15-21.)
| ||||||
5 | (305 ILCS 5/5-16.8)
| ||||||
6 | Sec. 5-16.8. Required health benefits. The medical | ||||||
7 | assistance program
shall
(i) provide the post-mastectomy care | ||||||
8 | benefits required to be covered by a policy of
accident and | ||||||
9 | health insurance under Section 356t and the coverage required
| ||||||
10 | under Sections 356g.5, 356q, 356u, 356w, 356x, 356z.6, | ||||||
11 | 356z.26, 356z.29, 356z.32, 356z.33, 356z.34, 356z.35, 356z.46, | ||||||
12 | 356z.47, and 356z.51 and 356z.43 of the Illinois
Insurance | ||||||
13 | Code, (ii) be subject to the provisions of Sections 356z.19, | ||||||
14 | 356z.43, 356z.44, 356z.49, 364.01, 370c, and 370c.1 of the | ||||||
15 | Illinois
Insurance Code, and (iii) be subject to the | ||||||
16 | provisions of subsection (d-5) of Section 10 of the Network | ||||||
17 | Adequacy and Transparency Act.
| ||||||
18 | The Department, by rule, shall adopt a model similar to | ||||||
19 | the requirements of Section 356z.39 of the Illinois Insurance | ||||||
20 | Code. | ||||||
21 | On and after July 1, 2012, the Department shall reduce any | ||||||
22 | rate of reimbursement for services or other payments or alter | ||||||
23 | any methodologies authorized by this Code to reduce any rate | ||||||
24 | of reimbursement for services or other payments in accordance | ||||||
25 | with Section 5-5e. |
| |||||||
| |||||||
1 | To ensure full access to the benefits set forth in this | ||||||
2 | Section, on and after January 1, 2016, the Department shall | ||||||
3 | ensure that provider and hospital reimbursement for | ||||||
4 | post-mastectomy care benefits required under this Section are | ||||||
5 | no lower than the Medicare reimbursement rate. | ||||||
6 | (Source: P.A. 101-81, eff. 7-12-19; 101-218, eff. 1-1-20; | ||||||
7 | 101-281, eff. 1-1-20; 101-371, eff. 1-1-20; 101-574, eff. | ||||||
8 | 1-1-20; 101-649, eff. 7-7-20; 102-30, eff. 1-1-22; 102-144, | ||||||
9 | eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; | ||||||
10 | 102-530, eff. 1-1-22; 102-642, eff. 1-1-22; revised 10-27-21.)
| ||||||
11 | (305 ILCS 5/5-30.1) | ||||||
12 | Sec. 5-30.1. Managed care protections. | ||||||
13 | (a) As used in this Section: | ||||||
14 | "Managed care organization" or "MCO" means any entity | ||||||
15 | which contracts with the Department to provide services where | ||||||
16 | payment for medical services is made on a capitated basis. | ||||||
17 | "Emergency services" include: | ||||||
18 | (1) emergency services, as defined by Section 10 of | ||||||
19 | the Managed Care Reform and Patient Rights Act; | ||||||
20 | (2) emergency medical screening examinations, as | ||||||
21 | defined by Section 10 of the Managed Care Reform and | ||||||
22 | Patient Rights Act; | ||||||
23 | (3) post-stabilization medical services, as defined by | ||||||
24 | Section 10 of the Managed Care Reform and Patient Rights | ||||||
25 | Act; and |
| |||||||
| |||||||
1 | (4) emergency medical conditions, as defined by
| ||||||
2 | Section 10 of the Managed Care Reform and Patient Rights
| ||||||
3 | Act. | ||||||
4 | (b) As provided by Section 5-16.12, managed care | ||||||
5 | organizations are subject to the provisions of the Managed | ||||||
6 | Care Reform and Patient Rights Act. | ||||||
7 | (c) An MCO shall pay any provider of emergency services | ||||||
8 | that does not have in effect a contract with the contracted | ||||||
9 | Medicaid MCO. The default rate of reimbursement shall be the | ||||||
10 | rate paid under Illinois Medicaid fee-for-service program | ||||||
11 | methodology, including all policy adjusters, including but not | ||||||
12 | limited to Medicaid High Volume Adjustments, Medicaid | ||||||
13 | Percentage Adjustments, Outpatient High Volume Adjustments, | ||||||
14 | and all outlier add-on adjustments to the extent such | ||||||
15 | adjustments are incorporated in the development of the | ||||||
16 | applicable MCO capitated rates. | ||||||
17 | (d) An MCO shall pay for all post-stabilization services | ||||||
18 | as a covered service in any of the following situations: | ||||||
19 | (1) the MCO authorized such services; | ||||||
20 | (2) such services were administered to maintain the | ||||||
21 | enrollee's stabilized condition within one hour after a | ||||||
22 | request to the MCO for authorization of further | ||||||
23 | post-stabilization services; | ||||||
24 | (3) the MCO did not respond to a request to authorize | ||||||
25 | such services within one hour; | ||||||
26 | (4) the MCO could not be contacted; or |
| |||||||
| |||||||
1 | (5) the MCO and the treating provider, if the treating | ||||||
2 | provider is a non-affiliated provider, could not reach an | ||||||
3 | agreement concerning the enrollee's care and an affiliated | ||||||
4 | provider was unavailable for a consultation, in which case | ||||||
5 | the MCO
must pay for such services rendered by the | ||||||
6 | treating non-affiliated provider until an affiliated | ||||||
7 | provider was reached and either concurred with the | ||||||
8 | treating non-affiliated provider's plan of care or assumed | ||||||
9 | responsibility for the enrollee's care. Such payment shall | ||||||
10 | be made at the default rate of reimbursement paid under | ||||||
11 | Illinois Medicaid fee-for-service program methodology, | ||||||
12 | including all policy adjusters, including but not limited | ||||||
13 | to Medicaid High Volume Adjustments, Medicaid Percentage | ||||||
14 | Adjustments, Outpatient High Volume Adjustments and all | ||||||
15 | outlier add-on adjustments to the extent that such | ||||||
16 | adjustments are incorporated in the development of the | ||||||
17 | applicable MCO capitated rates. | ||||||
18 | (e) The following requirements apply to MCOs in | ||||||
19 | determining payment for all emergency services: | ||||||
20 | (1) MCOs shall not impose any requirements for prior | ||||||
21 | approval of emergency services. | ||||||
22 | (2) The MCO shall cover emergency services provided to | ||||||
23 | enrollees who are temporarily away from their residence | ||||||
24 | and outside the contracting area to the extent that the | ||||||
25 | enrollees would be entitled to the emergency services if | ||||||
26 | they still were within the contracting area. |
| |||||||
| |||||||
1 | (3) The MCO shall have no obligation to cover medical | ||||||
2 | services provided on an emergency basis that are not | ||||||
3 | covered services under the contract. | ||||||
4 | (4) The MCO shall not condition coverage for emergency | ||||||
5 | services on the treating provider notifying the MCO of the | ||||||
6 | enrollee's screening and treatment within 10 days after | ||||||
7 | presentation for emergency services. | ||||||
8 | (5) The determination of the attending emergency | ||||||
9 | physician, or the provider actually treating the enrollee, | ||||||
10 | of whether an enrollee is sufficiently stabilized for | ||||||
11 | discharge or transfer to another facility, shall be | ||||||
12 | binding on the MCO. The MCO shall cover emergency services | ||||||
13 | for all enrollees whether the emergency services are | ||||||
14 | provided by an affiliated or non-affiliated provider. | ||||||
15 | (6) The MCO's financial responsibility for | ||||||
16 | post-stabilization care services it has not pre-approved | ||||||
17 | ends when: | ||||||
18 | (A) a plan physician with privileges at the | ||||||
19 | treating hospital assumes responsibility for the | ||||||
20 | enrollee's care; | ||||||
21 | (B) a plan physician assumes responsibility for | ||||||
22 | the enrollee's care through transfer; | ||||||
23 | (C) a contracting entity representative and the | ||||||
24 | treating physician reach an agreement concerning the | ||||||
25 | enrollee's care; or | ||||||
26 | (D) the enrollee is discharged. |
| |||||||
| |||||||
1 | (f) Network adequacy and transparency. | ||||||
2 | (1) The Department shall: | ||||||
3 | (A) ensure that an adequate provider network is in | ||||||
4 | place, taking into consideration health professional | ||||||
5 | shortage areas and medically underserved areas; | ||||||
6 | (B) publicly release an explanation of its process | ||||||
7 | for analyzing network adequacy; | ||||||
8 | (C) periodically ensure that an MCO continues to | ||||||
9 | have an adequate network in place; | ||||||
10 | (D) require MCOs, including Medicaid Managed Care | ||||||
11 | Entities as defined in Section 5-30.2, to meet | ||||||
12 | provider directory requirements under Section 5-30.3; | ||||||
13 | and | ||||||
14 | (E) require MCOs to ensure that any | ||||||
15 | Medicaid-certified provider
under contract with an MCO | ||||||
16 | and previously submitted on a roster on the date of | ||||||
17 | service is
paid for any medically necessary, | ||||||
18 | Medicaid-covered, and authorized service rendered to
| ||||||
19 | any of the MCO's enrollees, regardless of inclusion on
| ||||||
20 | the MCO's published and publicly available directory | ||||||
21 | of
available providers ; and . | ||||||
22 | (F) (E) require MCOs, including Medicaid Managed | ||||||
23 | Care Entities as defined in Section 5-30.2, to meet | ||||||
24 | each of the requirements under subsection (d-5) of | ||||||
25 | Section 10 of the Network Adequacy and Transparency | ||||||
26 | Act; with necessary exceptions to the MCO's network to |
| |||||||
| |||||||
1 | ensure that admission and treatment with a provider or | ||||||
2 | at a treatment facility in accordance with the network | ||||||
3 | adequacy standards in paragraph (3) of subsection | ||||||
4 | (d-5) of Section 10 of the Network Adequacy and | ||||||
5 | Transparency Act is limited to providers or facilities | ||||||
6 | that are Medicaid certified. | ||||||
7 | (2) Each MCO shall confirm its receipt of information | ||||||
8 | submitted specific to physician or dentist additions or | ||||||
9 | physician or dentist deletions from the MCO's provider | ||||||
10 | network within 3 days after receiving all required | ||||||
11 | information from contracted physicians or dentists, and | ||||||
12 | electronic physician and dental directories must be | ||||||
13 | updated consistent with current rules as published by the | ||||||
14 | Centers for Medicare and Medicaid Services or its | ||||||
15 | successor agency. | ||||||
16 | (g) Timely payment of claims. | ||||||
17 | (1) The MCO shall pay a claim within 30 days of | ||||||
18 | receiving a claim that contains all the essential | ||||||
19 | information needed to adjudicate the claim. | ||||||
20 | (2) The MCO shall notify the billing party of its | ||||||
21 | inability to adjudicate a claim within 30 days of | ||||||
22 | receiving that claim. | ||||||
23 | (3) The MCO shall pay a penalty that is at least equal | ||||||
24 | to the timely payment interest penalty imposed under | ||||||
25 | Section 368a of the Illinois Insurance Code for any claims | ||||||
26 | not timely paid. |
| |||||||
| |||||||
1 | (A) When an MCO is required to pay a timely payment | ||||||
2 | interest penalty to a provider, the MCO must calculate | ||||||
3 | and pay the timely payment interest penalty that is | ||||||
4 | due to the provider within 30 days after the payment of | ||||||
5 | the claim. In no event shall a provider be required to | ||||||
6 | request or apply for payment of any owed timely | ||||||
7 | payment interest penalties. | ||||||
8 | (B) Such payments shall be reported separately | ||||||
9 | from the claim payment for services rendered to the | ||||||
10 | MCO's enrollee and clearly identified as interest | ||||||
11 | payments. | ||||||
12 | (4)(A) The Department shall require MCOs to expedite | ||||||
13 | payments to providers identified on the Department's | ||||||
14 | expedited provider list, determined in accordance with 89 | ||||||
15 | Ill. Adm. Code 140.71(b), on a schedule at least as | ||||||
16 | frequently as the providers are paid under the | ||||||
17 | Department's fee-for-service expedited provider schedule. | ||||||
18 | (B) Compliance with the expedited provider requirement | ||||||
19 | may be satisfied by an MCO through the use of a Periodic | ||||||
20 | Interim Payment (PIP) program that has been mutually | ||||||
21 | agreed to and documented between the MCO and the provider, | ||||||
22 | if the PIP program ensures that any expedited provider | ||||||
23 | receives regular and periodic payments based on prior | ||||||
24 | period payment experience from that MCO. Total payments | ||||||
25 | under the PIP program may be reconciled against future PIP | ||||||
26 | payments on a schedule mutually agreed to between the MCO |
| |||||||
| |||||||
1 | and the provider. | ||||||
2 | (C) The Department shall share at least monthly its | ||||||
3 | expedited provider list and the frequency with which it | ||||||
4 | pays providers on the expedited list. | ||||||
5 | (g-5) Recognizing that the rapid transformation of the | ||||||
6 | Illinois Medicaid program may have unintended operational | ||||||
7 | challenges for both payers and providers: | ||||||
8 | (1) in no instance shall a medically necessary covered | ||||||
9 | service rendered in good faith, based upon eligibility | ||||||
10 | information documented by the provider, be denied coverage | ||||||
11 | or diminished in payment amount if the eligibility or | ||||||
12 | coverage information available at the time the service was | ||||||
13 | rendered is later found to be inaccurate in the assignment | ||||||
14 | of coverage responsibility between MCOs or the | ||||||
15 | fee-for-service system, except for instances when an | ||||||
16 | individual is deemed to have not been eligible for | ||||||
17 | coverage under the Illinois Medicaid program; and | ||||||
18 | (2) the Department shall, by December 31, 2016, adopt | ||||||
19 | rules establishing policies that shall be included in the | ||||||
20 | Medicaid managed care policy and procedures manual | ||||||
21 | addressing payment resolutions in situations in which a | ||||||
22 | provider renders services based upon information obtained | ||||||
23 | after verifying a patient's eligibility and coverage plan | ||||||
24 | through either the Department's current enrollment system | ||||||
25 | or a system operated by the coverage plan identified by | ||||||
26 | the patient presenting for services: |
| |||||||
| |||||||
1 | (A) such medically necessary covered services | ||||||
2 | shall be considered rendered in good faith; | ||||||
3 | (B) such policies and procedures shall be | ||||||
4 | developed in consultation with industry | ||||||
5 | representatives of the Medicaid managed care health | ||||||
6 | plans and representatives of provider associations | ||||||
7 | representing the majority of providers within the | ||||||
8 | identified provider industry; and | ||||||
9 | (C) such rules shall be published for a review and | ||||||
10 | comment period of no less than 30 days on the | ||||||
11 | Department's website with final rules remaining | ||||||
12 | available on the Department's website. | ||||||
13 | The rules on payment resolutions shall include, but | ||||||
14 | not be limited to: | ||||||
15 | (A) the extension of the timely filing period; | ||||||
16 | (B) retroactive prior authorizations; and | ||||||
17 | (C) guaranteed minimum payment rate of no less | ||||||
18 | than the current, as of the date of service, | ||||||
19 | fee-for-service rate, plus all applicable add-ons, | ||||||
20 | when the resulting service relationship is out of | ||||||
21 | network. | ||||||
22 | The rules shall be applicable for both MCO coverage | ||||||
23 | and fee-for-service coverage. | ||||||
24 | If the fee-for-service system is ultimately determined to | ||||||
25 | have been responsible for coverage on the date of service, the | ||||||
26 | Department shall provide for an extended period for claims |
| |||||||
| |||||||
1 | submission outside the standard timely filing requirements. | ||||||
2 | (g-6) MCO Performance Metrics Report. | ||||||
3 | (1) The Department shall publish, on at least a | ||||||
4 | quarterly basis, each MCO's operational performance, | ||||||
5 | including, but not limited to, the following categories of | ||||||
6 | metrics: | ||||||
7 | (A) claims payment, including timeliness and | ||||||
8 | accuracy; | ||||||
9 | (B) prior authorizations; | ||||||
10 | (C) grievance and appeals; | ||||||
11 | (D) utilization statistics; | ||||||
12 | (E) provider disputes; | ||||||
13 | (F) provider credentialing; and | ||||||
14 | (G) member and provider customer service. | ||||||
15 | (2) The Department shall ensure that the metrics | ||||||
16 | report is accessible to providers online by January 1, | ||||||
17 | 2017. | ||||||
18 | (3) The metrics shall be developed in consultation | ||||||
19 | with industry representatives of the Medicaid managed care | ||||||
20 | health plans and representatives of associations | ||||||
21 | representing the majority of providers within the | ||||||
22 | identified industry. | ||||||
23 | (4) Metrics shall be defined and incorporated into the | ||||||
24 | applicable Managed Care Policy Manual issued by the | ||||||
25 | Department. | ||||||
26 | (g-7) MCO claims processing and performance analysis. In |
| |||||||
| |||||||
1 | order to monitor MCO payments to hospital providers, pursuant | ||||||
2 | to Public Act 100-580 this amendatory Act of the 100th General | ||||||
3 | Assembly , the Department shall post an analysis of MCO claims | ||||||
4 | processing and payment performance on its website every 6 | ||||||
5 | months. Such analysis shall include a review and evaluation of | ||||||
6 | a representative sample of hospital claims that are rejected | ||||||
7 | and denied for clean and unclean claims and the top 5 reasons | ||||||
8 | for such actions and timeliness of claims adjudication, which | ||||||
9 | identifies the percentage of claims adjudicated within 30, 60, | ||||||
10 | 90, and over 90 days, and the dollar amounts associated with | ||||||
11 | those claims. | ||||||
12 | (g-8) Dispute resolution process. The Department shall | ||||||
13 | maintain a provider complaint portal through which a provider | ||||||
14 | can submit to the Department unresolved disputes with an MCO. | ||||||
15 | An unresolved dispute means an MCO's decision that denies in | ||||||
16 | whole or in part a claim for reimbursement to a provider for | ||||||
17 | health care services rendered by the provider to an enrollee | ||||||
18 | of the MCO with which the provider disagrees. Disputes shall | ||||||
19 | not be submitted to the portal until the provider has availed | ||||||
20 | itself of the MCO's internal dispute resolution process. | ||||||
21 | Disputes that are submitted to the MCO internal dispute | ||||||
22 | resolution process may be submitted to the Department of | ||||||
23 | Healthcare and Family Services' complaint portal no sooner | ||||||
24 | than 30 days after submitting to the MCO's internal process | ||||||
25 | and not later than 30 days after the unsatisfactory resolution | ||||||
26 | of the internal MCO process or 60 days after submitting the |
| |||||||
| |||||||
1 | dispute to the MCO internal process. Multiple claim disputes | ||||||
2 | involving the same MCO may be submitted in one complaint, | ||||||
3 | regardless of whether the claims are for different enrollees, | ||||||
4 | when the specific reason for non-payment of the claims | ||||||
5 | involves a common question of fact or policy. Within 10 | ||||||
6 | business days of receipt of a complaint, the Department shall | ||||||
7 | present such disputes to the appropriate MCO, which shall then | ||||||
8 | have 30 days to issue its written proposal to resolve the | ||||||
9 | dispute. The Department may grant one 30-day extension of this | ||||||
10 | time frame to one of the parties to resolve the dispute. If the | ||||||
11 | dispute remains unresolved at the end of this time frame or the | ||||||
12 | provider is not satisfied with the MCO's written proposal to | ||||||
13 | resolve the dispute, the provider may, within 30 days, request | ||||||
14 | the Department to review the dispute and make a final | ||||||
15 | determination. Within 30 days of the request for Department | ||||||
16 | review of the dispute, both the provider and the MCO shall | ||||||
17 | present all relevant information to the Department for | ||||||
18 | resolution and make individuals with knowledge of the issues | ||||||
19 | available to the Department for further inquiry if needed. | ||||||
20 | Within 30 days of receiving the relevant information on the | ||||||
21 | dispute, or the lapse of the period for submitting such | ||||||
22 | information, the Department shall issue a written decision on | ||||||
23 | the dispute based on contractual terms between the provider | ||||||
24 | and the MCO, contractual terms between the MCO and the | ||||||
25 | Department of Healthcare and Family Services and applicable | ||||||
26 | Medicaid policy. The decision of the Department shall be |
| |||||||
| |||||||
1 | final. By January 1, 2020, the Department shall establish by | ||||||
2 | rule further details of this dispute resolution process. | ||||||
3 | Disputes between MCOs and providers presented to the | ||||||
4 | Department for resolution are not contested cases, as defined | ||||||
5 | in Section 1-30 of the Illinois Administrative Procedure Act, | ||||||
6 | conferring any right to an administrative hearing. | ||||||
7 | (g-9)(1) The Department shall publish annually on its | ||||||
8 | website a report on the calculation of each managed care | ||||||
9 | organization's medical loss ratio showing the following: | ||||||
10 | (A) Premium revenue, with appropriate adjustments. | ||||||
11 | (B) Benefit expense, setting forth the aggregate | ||||||
12 | amount spent for the following: | ||||||
13 | (i) Direct paid claims. | ||||||
14 | (ii) Subcapitation payments. | ||||||
15 | (iii)
Other claim payments. | ||||||
16 | (iv)
Direct reserves. | ||||||
17 | (v)
Gross recoveries. | ||||||
18 | (vi)
Expenses for activities that improve health | ||||||
19 | care quality as allowed by the Department. | ||||||
20 | (2) The medical loss ratio shall be calculated consistent | ||||||
21 | with federal law and regulation following a claims runout | ||||||
22 | period determined by the Department. | ||||||
23 | (g-10)(1) "Liability effective date" means the date on | ||||||
24 | which an MCO becomes responsible for payment for medically | ||||||
25 | necessary and covered services rendered by a provider to one | ||||||
26 | of its enrollees in accordance with the contract terms between |
| |||||||
| |||||||
1 | the MCO and the provider. The liability effective date shall | ||||||
2 | be the later of: | ||||||
3 | (A) The execution date of a network participation | ||||||
4 | contract agreement. | ||||||
5 | (B) The date the provider or its representative | ||||||
6 | submits to the MCO the complete and accurate standardized | ||||||
7 | roster form for the provider in the format approved by the | ||||||
8 | Department. | ||||||
9 | (C) The provider effective date contained within the | ||||||
10 | Department's provider enrollment subsystem within the | ||||||
11 | Illinois Medicaid Program Advanced Cloud Technology | ||||||
12 | (IMPACT) System. | ||||||
13 | (2) The standardized roster form may be submitted to the | ||||||
14 | MCO at the same time that the provider submits an enrollment | ||||||
15 | application to the Department through IMPACT. | ||||||
16 | (3) By October 1, 2019, the Department shall require all | ||||||
17 | MCOs to update their provider directory with information for | ||||||
18 | new practitioners of existing contracted providers within 30 | ||||||
19 | days of receipt of a complete and accurate standardized roster | ||||||
20 | template in the format approved by the Department provided | ||||||
21 | that the provider is effective in the Department's provider | ||||||
22 | enrollment subsystem within the IMPACT system. Such provider | ||||||
23 | directory shall be readily accessible for purposes of | ||||||
24 | selecting an approved health care provider and comply with all | ||||||
25 | other federal and State requirements. | ||||||
26 | (g-11) The Department shall work with relevant |
| |||||||
| |||||||
1 | stakeholders on the development of operational guidelines to | ||||||
2 | enhance and improve operational performance of Illinois' | ||||||
3 | Medicaid managed care program, including, but not limited to, | ||||||
4 | improving provider billing practices, reducing claim | ||||||
5 | rejections and inappropriate payment denials, and | ||||||
6 | standardizing processes, procedures, definitions, and response | ||||||
7 | timelines, with the goal of reducing provider and MCO | ||||||
8 | administrative burdens and conflict. The Department shall | ||||||
9 | include a report on the progress of these program improvements | ||||||
10 | and other topics in its Fiscal Year 2020 annual report to the | ||||||
11 | General Assembly. | ||||||
12 | (g-12) Notwithstanding any other provision of law, if the
| ||||||
13 | Department or an MCO requires submission of a claim for | ||||||
14 | payment
in a non-electronic format, a provider shall always be | ||||||
15 | afforded
a period of no less than 90 business days, as a | ||||||
16 | correction
period, following any notification of rejection by | ||||||
17 | either the
Department or the MCO to correct errors or | ||||||
18 | omissions in the
original submission. | ||||||
19 | Under no circumstances, either by an MCO or under the
| ||||||
20 | State's fee-for-service system, shall a provider be denied
| ||||||
21 | payment for failure to comply with any timely submission
| ||||||
22 | requirements under this Code or under any existing contract,
| ||||||
23 | unless the non-electronic format claim submission occurs after
| ||||||
24 | the initial 180 days following the latest date of service on
| ||||||
25 | the claim, or after the 90 business days correction period
| ||||||
26 | following notification to the provider of rejection or denial
|
| |||||||
| |||||||
1 | of payment. | ||||||
2 | (h) The Department shall not expand mandatory MCO | ||||||
3 | enrollment into new counties beyond those counties already | ||||||
4 | designated by the Department as of June 1, 2014 for the | ||||||
5 | individuals whose eligibility for medical assistance is not | ||||||
6 | the seniors or people with disabilities population until the | ||||||
7 | Department provides an opportunity for accountable care | ||||||
8 | entities and MCOs to participate in such newly designated | ||||||
9 | counties. | ||||||
10 | (i) The requirements of this Section apply to contracts | ||||||
11 | with accountable care entities and MCOs entered into, amended, | ||||||
12 | or renewed after June 16, 2014 (the effective date of Public | ||||||
13 | Act 98-651).
| ||||||
14 | (j) Health care information released to managed care | ||||||
15 | organizations. A health care provider shall release to a | ||||||
16 | Medicaid managed care organization, upon request, and subject | ||||||
17 | to the Health Insurance Portability and Accountability Act of | ||||||
18 | 1996 and any other law applicable to the release of health | ||||||
19 | information, the health care information of the MCO's | ||||||
20 | enrollee, if the enrollee has completed and signed a general | ||||||
21 | release form that grants to the health care provider | ||||||
22 | permission to release the recipient's health care information | ||||||
23 | to the recipient's insurance carrier. | ||||||
24 | (k) The Department of Healthcare and Family Services, | ||||||
25 | managed care organizations, a statewide organization | ||||||
26 | representing hospitals, and a statewide organization |
| |||||||
| |||||||
1 | representing safety-net hospitals shall explore ways to | ||||||
2 | support billing departments in safety-net hospitals. | ||||||
3 | (l) The requirements of this Section added by Public Act | ||||||
4 | 102-4 this
amendatory Act of the 102nd General Assembly shall | ||||||
5 | apply to
services provided on or after the first day of the | ||||||
6 | month that
begins 60 days after April 27, 2021 ( the effective | ||||||
7 | date of Public Act 102-4) this amendatory Act
of the 102nd | ||||||
8 | General Assembly . | ||||||
9 | (Source: P.A. 101-209, eff. 8-5-19; 102-4, eff. 4-27-21; | ||||||
10 | 102-43, eff. 7-6-21; 102-144, eff. 1-1-22; 102-454, eff. | ||||||
11 | 8-20-21; revised 10-5-21.) | ||||||
12 | (305 ILCS 5/5-41) | ||||||
13 | Sec. 5-41. Inpatient hospitalization for opioid-related | ||||||
14 | overdose or withdrawal patients. Due to the disproportionately | ||||||
15 | high opioid-related fatality rates among African Americans in | ||||||
16 | under-resourced communities in Illinois, the lack of community | ||||||
17 | resources, the comorbidities experienced by these patients, | ||||||
18 | and the high rate of hospital inpatient recidivism associated | ||||||
19 | with this population when improperly treated, the Department | ||||||
20 | shall ensure that patients, whether enrolled under the Medical | ||||||
21 | Assistance Fee For Service program or enrolled with a Medicaid | ||||||
22 | Managed Care Organization, experiencing opioid-related | ||||||
23 | overdose or withdrawal are admitted on an inpatient status and | ||||||
24 | the provider shall be reimbursed accordingly, when deemed | ||||||
25 | medically necessary, as determined by either the patient's |
| |||||||
| |||||||
1 | primary care physician, or the physician or other practitioner | ||||||
2 | responsible for the patient's care at the hospital to which | ||||||
3 | the patient presents, using criteria established by the | ||||||
4 | American Society of Addiction Medicine. If it is determined by | ||||||
5 | the physician or other practitioner responsible for the | ||||||
6 | patient's care at the hospital to which the patient presents, | ||||||
7 | that a patient does not meet medical necessity criteria for | ||||||
8 | the admission, then the patient may be treated via observation | ||||||
9 | and the provider shall seek reimbursement accordingly. Nothing | ||||||
10 | in this Section shall diminish the requirements of a provider | ||||||
11 | to document medical necessity in the patient's record.
| ||||||
12 | (Source: P.A. 102-43, eff. 7-6-21.)
| ||||||
13 | (305 ILCS 5/5-44)
| ||||||
14 | Sec. 5-44 5-41 . Screening, Brief Intervention, and | ||||||
15 | Referral to Treatment. As used in this Section, "SBIRT" means | ||||||
16 | a comprehensive, integrated, public health approach to the | ||||||
17 | delivery of early intervention and treatment
services for | ||||||
18 | persons who are at risk of developing substance use disorders | ||||||
19 | or have substance use disorders including, but not limited to, | ||||||
20 | an addiction to alcohol, opioids,
tobacco, or cannabis.
SBIRT | ||||||
21 | services include all of the following: | ||||||
22 | (1) Screening to quickly assess the severity of | ||||||
23 | substance use and to identify the appropriate level of | ||||||
24 | treatment. | ||||||
25 | (2) Brief intervention focused on increasing insight |
| |||||||
| |||||||
1 | and awareness regarding substance use and motivation | ||||||
2 | toward behavioral change. | ||||||
3 | (3) Referral to treatment provided to those identified | ||||||
4 | as needing more extensive treatment with access to | ||||||
5 | specialty care. | ||||||
6 | SBIRT services may include, but are not limited to, the | ||||||
7 | following settings and programs: primary care centers, | ||||||
8 | hospital emergency rooms, hospital in-patient units,
trauma | ||||||
9 | centers, community behavioral health programs, and other | ||||||
10 | community settings that provide opportunities for early | ||||||
11 | intervention with at-risk substance users before more severe
| ||||||
12 | consequences occur. | ||||||
13 | The Department of Healthcare and Family Services shall | ||||||
14 | develop and seek federal approval of a SBIRT benefit for which
| ||||||
15 | qualified providers shall be reimbursed under the medical | ||||||
16 | assistance program. | ||||||
17 | In conjunction with the Department of Human Services' | ||||||
18 | Division of Substance Use Prevention and Recovery, the | ||||||
19 | Department of Healthcare and
Family Services may develop a | ||||||
20 | methodology and reimbursement rate for SBIRT services provided | ||||||
21 | by qualified providers in approved
settings. | ||||||
22 | For opioid specific SBIRT services provided in a hospital | ||||||
23 | emergency department, the Department of Healthcare and
Family | ||||||
24 | Services shall develop a bundled reimbursement
methodology and | ||||||
25 | rate for a package of opioid treatment services, which include | ||||||
26 | initiation of medication for the treatment of opioid use |
| |||||||
| |||||||
1 | disorder in
the emergency department setting, including | ||||||
2 | assessment, referral to ongoing care, and arranging access to | ||||||
3 | supportive services when necessary. This
package of opioid | ||||||
4 | related services shall be billed on a separate claim and shall | ||||||
5 | be reimbursed outside of the Enhanced Ambulatory Patient
| ||||||
6 | Grouping system.
| ||||||
7 | (Source: P.A. 102-598, eff. 1-1-22; revised 11-18-21.)
| ||||||
8 | (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
| ||||||
9 | Sec. 9A-11. Child care.
| ||||||
10 | (a) The General Assembly recognizes that families with | ||||||
11 | children need child
care in order to work. Child care is | ||||||
12 | expensive and families with low incomes,
including those who | ||||||
13 | are transitioning from welfare to work, often struggle to
pay | ||||||
14 | the costs of day care. The
General Assembly understands the | ||||||
15 | importance of helping low-income working
families become and | ||||||
16 | remain self-sufficient. The General Assembly also believes
| ||||||
17 | that it is the responsibility of families to share in the costs | ||||||
18 | of child care.
It is also the preference of the General | ||||||
19 | Assembly that all working poor
families should be treated | ||||||
20 | equally, regardless of their welfare status.
| ||||||
21 | (b) To the extent resources permit, the Illinois | ||||||
22 | Department shall provide
child care services to parents or | ||||||
23 | other relatives as defined by rule who are
working or | ||||||
24 | participating in employment or Department approved
education | ||||||
25 | or training programs. At a minimum, the Illinois Department |
| |||||||
| |||||||
1 | shall
cover the following categories of families:
| ||||||
2 | (1) recipients of TANF under Article IV participating | ||||||
3 | in work and training
activities as specified in the | ||||||
4 | personal plan for employment and
self-sufficiency;
| ||||||
5 | (2) families transitioning from TANF to work;
| ||||||
6 | (3) families at risk of becoming recipients of TANF;
| ||||||
7 | (4) families with special needs as defined by rule;
| ||||||
8 | (5) working families with very low incomes as defined | ||||||
9 | by rule;
| ||||||
10 | (6) families that are not recipients of TANF and that | ||||||
11 | need child care assistance to participate in education and | ||||||
12 | training activities; and | ||||||
13 | (7) families with children under the age of 5 who have | ||||||
14 | an open intact family services case with the Department of | ||||||
15 | Children and Family Services. Any family that receives | ||||||
16 | child care assistance in accordance with this paragraph | ||||||
17 | shall remain eligible for child care assistance 6 months | ||||||
18 | after the child's intact family services case is closed, | ||||||
19 | regardless of whether the child's parents or other | ||||||
20 | relatives as defined by rule are working or participating | ||||||
21 | in Department approved employment or education or training | ||||||
22 | programs. The Department of Human Services, in | ||||||
23 | consultation with the Department of Children and Family | ||||||
24 | Services, shall adopt rules to protect the privacy of | ||||||
25 | families who are the subject of an open intact family | ||||||
26 | services case when such families enroll in child care |
| |||||||
| |||||||
1 | services. Additional rules shall be adopted to offer | ||||||
2 | children who have an open intact family services case the | ||||||
3 | opportunity to receive an Early Intervention screening and | ||||||
4 | other services that their families may be eligible for as | ||||||
5 | provided by the Department of Human Services. | ||||||
6 | The Department shall specify by rule the conditions of | ||||||
7 | eligibility, the
application process, and the types, amounts, | ||||||
8 | and duration of services.
Eligibility for
child care benefits | ||||||
9 | and the amount of child care provided may vary based on
family | ||||||
10 | size, income,
and other factors as specified by rule.
| ||||||
11 | The Department shall update the Child Care Assistance | ||||||
12 | Program Eligibility Calculator posted on its website to | ||||||
13 | include a question on whether a family is applying for child | ||||||
14 | care assistance for the first time or is applying for a | ||||||
15 | redetermination of eligibility. | ||||||
16 | A family's eligibility for child care services shall be | ||||||
17 | redetermined no sooner than 12 months following the initial | ||||||
18 | determination or most recent redetermination. During the | ||||||
19 | 12-month periods, the family shall remain eligible for child | ||||||
20 | care services regardless of (i) a change in family income, | ||||||
21 | unless family income exceeds 85% of State median income, or | ||||||
22 | (ii) a temporary change in the ongoing status of the parents or | ||||||
23 | other relatives, as defined by rule, as working or attending a | ||||||
24 | job training or educational program. | ||||||
25 | In determining income eligibility for child care benefits, | ||||||
26 | the Department
annually, at the beginning of each fiscal year, |
| |||||||
| |||||||
1 | shall
establish, by rule, one income threshold for each family | ||||||
2 | size, in relation to
percentage of State median income for a | ||||||
3 | family of that size, that makes
families with incomes below | ||||||
4 | the specified threshold eligible for assistance
and families | ||||||
5 | with incomes above the specified threshold ineligible for
| ||||||
6 | assistance. Through and including fiscal year 2007, the | ||||||
7 | specified threshold must be no less than 50% of the
| ||||||
8 | then-current State median income for each family size. | ||||||
9 | Beginning in fiscal year 2008, the specified threshold must be | ||||||
10 | no less than 185% of the then-current federal poverty level | ||||||
11 | for each family size. Notwithstanding any other provision of | ||||||
12 | law or administrative rule to the contrary, beginning in | ||||||
13 | fiscal year 2019, the specified threshold for working families | ||||||
14 | with very low incomes as defined by rule must be no less than | ||||||
15 | 185% of the then-current federal poverty level for each family | ||||||
16 | size. Notwithstanding any other provision of law or | ||||||
17 | administrative rule to the contrary, beginning in State fiscal | ||||||
18 | year 2022, the specified
income threshold shall be no less | ||||||
19 | than 200% of the
then-current federal poverty level for each | ||||||
20 | family size.
| ||||||
21 | In determining eligibility for
assistance, the Department | ||||||
22 | shall not give preference to any category of
recipients
or | ||||||
23 | give preference to individuals based on their receipt of | ||||||
24 | benefits under this
Code.
| ||||||
25 | Nothing in this Section shall be
construed as conferring | ||||||
26 | entitlement status to eligible families.
|
| |||||||
| |||||||
1 | The Illinois
Department is authorized to lower income | ||||||
2 | eligibility ceilings, raise parent
co-payments, create waiting | ||||||
3 | lists, or take such other actions during a fiscal
year as are | ||||||
4 | necessary to ensure that child care benefits paid under this
| ||||||
5 | Article do not exceed the amounts appropriated for those child | ||||||
6 | care benefits.
These changes may be accomplished by emergency | ||||||
7 | rule under Section 5-45 of the
Illinois Administrative | ||||||
8 | Procedure Act, except that the limitation on the number
of | ||||||
9 | emergency rules that may be adopted in a 24-month period shall | ||||||
10 | not apply.
| ||||||
11 | The Illinois Department may contract with other State | ||||||
12 | agencies or child care
organizations for the administration of | ||||||
13 | child care services.
| ||||||
14 | (c) Payment shall be made for child care that otherwise | ||||||
15 | meets the
requirements of this Section and applicable | ||||||
16 | standards of State and local
law and regulation, including any | ||||||
17 | requirements the Illinois Department
promulgates by rule in | ||||||
18 | addition to the licensure
requirements
promulgated by the | ||||||
19 | Department of Children and Family Services and Fire
Prevention | ||||||
20 | and Safety requirements promulgated by the Office of the State
| ||||||
21 | Fire Marshal, and is provided in any of the following:
| ||||||
22 | (1) a child care center which is licensed or exempt | ||||||
23 | from licensure
pursuant to Section 2.09 of the Child Care | ||||||
24 | Act of 1969;
| ||||||
25 | (2) a licensed child care home or home exempt from | ||||||
26 | licensing;
|
| |||||||
| |||||||
1 | (3) a licensed group child care home;
| ||||||
2 | (4) other types of child care, including child care | ||||||
3 | provided
by relatives or persons living in the same home | ||||||
4 | as the child, as determined by
the Illinois Department by | ||||||
5 | rule.
| ||||||
6 | (c-5)
Solely for the purposes of coverage under the | ||||||
7 | Illinois Public Labor Relations Act, child and day care home | ||||||
8 | providers, including licensed and license exempt, | ||||||
9 | participating in the Department's child care assistance | ||||||
10 | program shall be considered to be public employees and the | ||||||
11 | State of Illinois shall be considered to be their employer as | ||||||
12 | of January 1, 2006 (the effective date of Public Act 94-320), | ||||||
13 | but not before. The State shall engage in collective | ||||||
14 | bargaining with an exclusive representative of child and day | ||||||
15 | care home providers participating in the child care assistance | ||||||
16 | program concerning their terms and conditions of employment | ||||||
17 | that are within the State's control. Nothing in this | ||||||
18 | subsection shall be understood to limit the right of families | ||||||
19 | receiving services defined in this Section to select child and | ||||||
20 | day care home providers or supervise them within the limits of | ||||||
21 | this Section. The State shall not be considered to be the | ||||||
22 | employer of child and day care home providers for any purposes | ||||||
23 | not specifically provided in Public Act 94-320, including, but | ||||||
24 | not limited to, purposes of vicarious liability in tort and | ||||||
25 | purposes of statutory retirement or health insurance benefits. | ||||||
26 | Child and day care home providers shall not be covered by the |
| |||||||
| |||||||
1 | State Employees Group Insurance Act of 1971. | ||||||
2 | In according child and day care home providers and their | ||||||
3 | selected representative rights under the Illinois Public Labor | ||||||
4 | Relations Act, the State intends that the State action | ||||||
5 | exemption to application of federal and State antitrust laws | ||||||
6 | be fully available to the extent that their activities are | ||||||
7 | authorized by Public Act 94-320.
| ||||||
8 | (d) The Illinois Department shall establish, by rule, a | ||||||
9 | co-payment scale that provides for cost sharing by families | ||||||
10 | that receive
child care services, including parents whose only | ||||||
11 | income is from
assistance under this Code. The co-payment | ||||||
12 | shall be based on family income and family size and may be | ||||||
13 | based on other factors as appropriate. Co-payments may be | ||||||
14 | waived for families whose incomes are at or below the federal | ||||||
15 | poverty level.
| ||||||
16 | (d-5) The Illinois Department, in consultation with its | ||||||
17 | Child Care and Development Advisory Council, shall develop a | ||||||
18 | plan to revise the child care assistance program's co-payment | ||||||
19 | scale. The plan shall be completed no later than February 1, | ||||||
20 | 2008, and shall include: | ||||||
21 | (1) findings as to the percentage of income that the | ||||||
22 | average American family spends on child care and the | ||||||
23 | relative amounts that low-income families and the average | ||||||
24 | American family spend on other necessities of life;
| ||||||
25 | (2) recommendations for revising the child care | ||||||
26 | co-payment scale to assure that families receiving child |
| |||||||
| |||||||
1 | care services from the Department are paying no more than | ||||||
2 | they can reasonably afford; | ||||||
3 | (3) recommendations for revising the child care | ||||||
4 | co-payment scale to provide at-risk children with complete | ||||||
5 | access to Preschool for All and Head Start; and | ||||||
6 | (4) recommendations for changes in child care program | ||||||
7 | policies that affect the affordability of child care.
| ||||||
8 | (e) (Blank).
| ||||||
9 | (f) The Illinois Department shall, by rule, set rates to | ||||||
10 | be paid for the
various types of child care. Child care may be | ||||||
11 | provided through one of the
following methods:
| ||||||
12 | (1) arranging the child care through eligible | ||||||
13 | providers by use of
purchase of service contracts or | ||||||
14 | vouchers;
| ||||||
15 | (2) arranging with other agencies and community | ||||||
16 | volunteer groups for
non-reimbursed child care;
| ||||||
17 | (3) (blank); or
| ||||||
18 | (4) adopting such other arrangements as the Department | ||||||
19 | determines
appropriate.
| ||||||
20 | (f-1) Within 30 days after June 4, 2018 (the effective | ||||||
21 | date of Public Act 100-587), the Department of Human Services | ||||||
22 | shall establish rates for child care providers that are no | ||||||
23 | less than the rates in effect on January 1, 2018 increased by | ||||||
24 | 4.26%. | ||||||
25 | (f-5) (Blank). | ||||||
26 | (g) Families eligible for assistance under this Section |
| |||||||
| |||||||
1 | shall be given the
following options:
| ||||||
2 | (1) receiving a child care certificate issued by the | ||||||
3 | Department or a
subcontractor of the Department that may | ||||||
4 | be used by the parents as payment for
child care and | ||||||
5 | development services only; or
| ||||||
6 | (2) if space is available, enrolling the child with a | ||||||
7 | child care provider
that has a purchase of service | ||||||
8 | contract with the Department or a subcontractor
of the | ||||||
9 | Department for the provision of child care and development | ||||||
10 | services.
The Department may identify particular priority | ||||||
11 | populations for whom they may
request special | ||||||
12 | consideration by a provider with purchase of service
| ||||||
13 | contracts, provided that the providers shall be permitted | ||||||
14 | to maintain a balance
of clients in terms of household | ||||||
15 | incomes and families and children with special
needs, as | ||||||
16 | defined by rule.
| ||||||
17 | (Source: P.A. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21; | ||||||
18 | 102-491, eff. 8-20-21; revised 11-8-21.)
| ||||||
19 | (305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
| ||||||
20 | Sec. 10-1. Declaration of public policy; persons eligible | ||||||
21 | for child support
enforcement services; fees for | ||||||
22 | non-applicants and
non-recipients. Declaration of Public | ||||||
23 | Policy - Persons Eligible for Child Support
Enforcement | ||||||
24 | Services - Fees for Non-Applicants and
Non-Recipients.) It is | ||||||
25 | the intent of this Code that the financial aid
and social |
| |||||||
| |||||||
1 | welfare services herein provided supplement rather than
| ||||||
2 | supplant the primary and continuing obligation of the family | ||||||
3 | unit for
self-support to the fullest extent permitted by the | ||||||
4 | resources available
to it. This primary and continuing | ||||||
5 | obligation applies whether the family
unit of parents and | ||||||
6 | children or of husband and wife remains intact and
resides in a | ||||||
7 | common household or whether the unit has been broken by
| ||||||
8 | absence of one or more members of the unit. The obligation of | ||||||
9 | the
family unit is particularly applicable when a member is in | ||||||
10 | necessitous
circumstances and lacks the means of a livelihood | ||||||
11 | compatible with health
and well-being.
| ||||||
12 | It is the purpose of this Article to provide for locating | ||||||
13 | an absent
parent or spouse, for determining his financial | ||||||
14 | circumstances, and for
enforcing his legal obligation of | ||||||
15 | support, if he is able to furnish
support, in whole or in part. | ||||||
16 | The Department of Healthcare and Family Services shall give
| ||||||
17 | priority to establishing, enforcing ,
and collecting the | ||||||
18 | current support obligation, and then to past due support
owed | ||||||
19 | to the family unit, except with respect to collections | ||||||
20 | effected
through the intercept programs provided for in this | ||||||
21 | Article. The establishment or enforcement actions provided in | ||||||
22 | this Article do not require a previous court order for | ||||||
23 | custody/allocation of parental responsibilities.
| ||||||
24 | The child support enforcement services provided hereunder
| ||||||
25 | shall be
furnished dependents of an absent parent or spouse | ||||||
26 | who are applicants
for or recipients of financial aid under |
| |||||||
| |||||||
1 | this Code. It is not,
however, a condition of eligibility for | ||||||
2 | financial aid that there be no
responsible relatives who are | ||||||
3 | reasonably able to provide support. Nor,
except as provided in | ||||||
4 | Sections 4-1.7 and 10-8, shall the existence of
such relatives | ||||||
5 | or their payment of support contributions disqualify a
needy | ||||||
6 | person for financial aid.
| ||||||
7 | By accepting financial aid under this Code, a spouse or a | ||||||
8 | parent or
other person having physical or legal custody of a | ||||||
9 | child shall be deemed to have made
assignment to the Illinois | ||||||
10 | Department for aid under Articles III, IV,
V , and VII or to a | ||||||
11 | local governmental unit for aid under Article VI of
any and all | ||||||
12 | rights, title, and interest in any support obligation, | ||||||
13 | including statutory interest thereon, up to
the amount of | ||||||
14 | financial aid provided. The rights to support assigned to
the | ||||||
15 | Department of Healthcare and Family Services (formerly
| ||||||
16 | Illinois Department of Public Aid) or local governmental unit | ||||||
17 | shall
constitute an
obligation owed the State or local | ||||||
18 | governmental unit by the person who
is responsible for | ||||||
19 | providing the support, and shall be collectible under
all | ||||||
20 | applicable processes.
| ||||||
21 | The Department of Healthcare and Family Services shall | ||||||
22 | also furnish the child support enforcement services | ||||||
23 | established under this Article in
behalf of persons who
are | ||||||
24 | not applicants for or recipients of financial aid
under this | ||||||
25 | Code in accordance with the requirements of Title IV, Part D of | ||||||
26 | the
Social Security Act. The Department may
establish a |
| |||||||
| |||||||
1 | schedule of reasonable fees, to be paid for the services
| ||||||
2 | provided and may deduct a collection fee, not to exceed 10% of | ||||||
3 | the amount
collected, from such collection.
The
Department of | ||||||
4 | Healthcare and Family Services shall cause to be published and
| ||||||
5 | distributed publications
reasonably calculated to inform the | ||||||
6 | public that individuals who are not
recipients of or | ||||||
7 | applicants for public aid under this Code are eligible
for the | ||||||
8 | child support enforcement services under this
Article X. Such
| ||||||
9 | publications
shall set forth an explanation, in plain | ||||||
10 | language, that the child
support enforcement services program | ||||||
11 | is independent of any public
aid program under the Code and | ||||||
12 | that the receiving of child
support
enforcement services in no | ||||||
13 | way implies that the person
receiving such services is | ||||||
14 | receiving
public aid.
| ||||||
15 | (Source: P.A. 102-541, eff. 8-20-21; revised 11-24-21.)
| ||||||
16 | (305 ILCS 5/12-4.35)
| ||||||
17 | Sec. 12-4.35. Medical services for certain noncitizens.
| ||||||
18 | (a) Notwithstanding
Section 1-11 of this Code or Section | ||||||
19 | 20(a) of the Children's Health Insurance
Program Act, the | ||||||
20 | Department of Healthcare and Family Services may provide | ||||||
21 | medical services to
noncitizens who have not yet attained 19 | ||||||
22 | years of age and who are not eligible
for medical assistance | ||||||
23 | under Article V of this Code or under the Children's
Health | ||||||
24 | Insurance Program created by the Children's Health Insurance | ||||||
25 | Program Act
due to their not meeting the otherwise applicable |
| |||||||
| |||||||
1 | provisions of Section 1-11
of this Code or Section 20(a) of the | ||||||
2 | Children's Health Insurance Program Act.
The medical services | ||||||
3 | available, standards for eligibility, and other conditions
of | ||||||
4 | participation under this Section shall be established by rule | ||||||
5 | by the
Department; however, any such rule shall be at least as | ||||||
6 | restrictive as the
rules for medical assistance under Article | ||||||
7 | V of this Code or the Children's
Health Insurance Program | ||||||
8 | created by the Children's Health Insurance Program
Act.
| ||||||
9 | (a-5) Notwithstanding Section 1-11 of this Code, the | ||||||
10 | Department of Healthcare and Family Services may provide | ||||||
11 | medical assistance in accordance with Article V of this Code | ||||||
12 | to noncitizens over the age of 65 years of age who are not | ||||||
13 | eligible for medical assistance under Article V of this Code | ||||||
14 | due to their not meeting the otherwise applicable provisions | ||||||
15 | of Section 1-11 of this Code, whose income is at or below 100% | ||||||
16 | of the federal poverty level after deducting the costs of | ||||||
17 | medical or other remedial care, and who would otherwise meet | ||||||
18 | the eligibility requirements in Section 5-2 of this Code. The | ||||||
19 | medical services available, standards for eligibility, and | ||||||
20 | other conditions of participation under this Section shall be | ||||||
21 | established by rule by the Department; however, any such rule | ||||||
22 | shall be at least as restrictive as the rules for medical | ||||||
23 | assistance under Article V of this Code. | ||||||
24 | (a-6) By May 30, 2022, notwithstanding Section 1-11 of | ||||||
25 | this Code, the Department of Healthcare and Family Services | ||||||
26 | may provide medical services to noncitizens 55 years of age |
| |||||||
| |||||||
1 | through 64 years of age who (i) are not eligible for medical | ||||||
2 | assistance under Article V of this Code due to their not | ||||||
3 | meeting the otherwise applicable provisions of Section 1-11 of | ||||||
4 | this Code and (ii) have income at or below 133% of the federal | ||||||
5 | poverty level plus 5% for the applicable family size as | ||||||
6 | determined under applicable federal law and regulations. | ||||||
7 | Persons eligible for medical services under Public Act 102-16 | ||||||
8 | this amendatory Act of the 102nd General Assembly shall | ||||||
9 | receive benefits identical to the benefits provided under the | ||||||
10 | Health Benefits Service Package as that term is defined in | ||||||
11 | subsection (m) of Section 5-1.1 of this Code. | ||||||
12 | (a-10) Notwithstanding the provisions of Section 1-11, the | ||||||
13 | Department shall cover immunosuppressive drugs and related | ||||||
14 | services associated with post-kidney transplant management, | ||||||
15 | excluding long-term care costs, for noncitizens who: (i) are | ||||||
16 | not eligible for comprehensive medical benefits; (ii) meet the | ||||||
17 | residency requirements of Section 5-3; and (iii) would meet | ||||||
18 | the financial eligibility requirements of Section 5-2. | ||||||
19 | (b) The Department is authorized to take any action that | ||||||
20 | would not otherwise be prohibited by applicable law, | ||||||
21 | including , without
limitation , cessation or limitation of | ||||||
22 | enrollment, reduction of available medical services,
and | ||||||
23 | changing standards for eligibility, that is deemed necessary | ||||||
24 | by the
Department during a State fiscal year to assure that | ||||||
25 | payments under this
Section do not exceed available funds.
| ||||||
26 | (c) (Blank).
|
| |||||||
| |||||||
1 | (d) (Blank).
| ||||||
2 | (Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; | ||||||
3 | 102-43, Article 25, Section 25-15, eff. 7-6-21; 102-43, | ||||||
4 | Article 45, Section 45-5, eff. 7-6-21; revised 7-15-21.)
| ||||||
5 | (305 ILCS 5/12-4.54) | ||||||
6 | Sec. 12-4.54. SNAP, WIC; diapers, menstrual hygiene | ||||||
7 | products. If the United States Department of Agriculture's | ||||||
8 | Food and Nutrition Service creates and makes available to the | ||||||
9 | states a waiver permitting recipients of benefits provided | ||||||
10 | under the Supplemental Nutrition Assistance Program or the | ||||||
11 | Special Supplemental Nutrition Program for Women, Infants, and | ||||||
12 | Children to use their benefits to purchase diapers or | ||||||
13 | menstrual hygiene products such as tampons, sanitary napkins, | ||||||
14 | and feminine wipes, then the Department of Human Services | ||||||
15 | shall apply for the waiver. If the United States Department of | ||||||
16 | Agriculture approves the Department of Human Services' waiver | ||||||
17 | application, then the Department of Human Services shall adopt | ||||||
18 | rules and make other changes as necessary to implement the | ||||||
19 | approved waiver.
| ||||||
20 | (Source: P.A. 102-248, eff. 1-1-22.)
| ||||||
21 | (305 ILCS 5/12-4.55)
| ||||||
22 | Sec. 12-4.55 12-4.54 . Community-based long-term services; | ||||||
23 | application for federal funding. The Department of Healthcare | ||||||
24 | and Family Services shall apply for all available federal |
| |||||||
| |||||||
1 | funding to promote community inclusion and integration for | ||||||
2 | persons with disabilities, regardless of age, and older adults | ||||||
3 | so that those persons have the option to transition out of | ||||||
4 | institutions and receive long-term care services and supports | ||||||
5 | in the settings of their choice.
| ||||||
6 | (Source: P.A. 102-536, eff. 8-20-21; revised 11-10-21.)
| ||||||
7 | Section 510. The Housing Authorities Act is amended by | ||||||
8 | changing Sections 17 and 25 as follows:
| ||||||
9 | (310 ILCS 10/17) (from Ch. 67 1/2, par. 17)
| ||||||
10 | Sec. 17. Definitions. The following terms, wherever used | ||||||
11 | or referred to in this
Act shall have the following respective | ||||||
12 | meanings, unless in any case a
different meaning clearly | ||||||
13 | appears from the context:
| ||||||
14 | (a) "Authority" or "housing authority" shall mean a | ||||||
15 | municipal
corporation organized in accordance with the | ||||||
16 | provisions of this Act for
the purposes, with the powers and | ||||||
17 | subject to the restrictions herein set
forth.
| ||||||
18 | (b) "Area" or "area of operation" shall mean: (1) in the | ||||||
19 | case of an
authority which is created hereunder for a city, | ||||||
20 | village, or incorporated
town, the area within the territorial | ||||||
21 | boundaries of said city, village, or
incorporated town, and so | ||||||
22 | long as no county housing authority has
jurisdiction therein, | ||||||
23 | the area within three miles from such territorial
boundaries, | ||||||
24 | except any part of such area located within the territorial
|
| |||||||
| |||||||
1 | boundaries of any other city, village, or incorporated town; | ||||||
2 | and (2) in the
case of a county shall include all of the county | ||||||
3 | except the area of any
city, village or incorporated town | ||||||
4 | located therein in which there is an
Authority. When an | ||||||
5 | authority is created for a county subsequent to the
creation | ||||||
6 | of an authority for a city, village or incorporated town | ||||||
7 | within
the same county, the area of operation of the authority | ||||||
8 | for such city,
village or incorporated town shall thereafter | ||||||
9 | be limited to the territory
of such city, village or | ||||||
10 | incorporated town, but the authority for such
city, village or | ||||||
11 | incorporated town may continue to operate any project
| ||||||
12 | developed in whole or in part in an area previously a part of | ||||||
13 | its area of
operation, or may contract with the county housing | ||||||
14 | authority with respect
to the sale, lease, development or | ||||||
15 | administration of such project. When an
authority is created | ||||||
16 | for a city, village or incorporated town subsequent to
the | ||||||
17 | creation of a county housing authority which previously | ||||||
18 | included such
city, village or incorporated town within its | ||||||
19 | area of operation, such
county housing authority shall have no | ||||||
20 | power to create any additional
project within the city, | ||||||
21 | village or incorporated town, but any existing
project in the | ||||||
22 | city, village or incorporated town currently owned and
| ||||||
23 | operated by the county housing authority shall remain in the | ||||||
24 | ownership,
operation, custody and control of the county | ||||||
25 | housing authority.
| ||||||
26 | (b-5) "Criminal history record" means a record of arrest, |
| |||||||
| |||||||
1 | complaint, indictment, or any disposition arising therefrom. | ||||||
2 | (b-6) "Criminal history report" means any written, oral, | ||||||
3 | or other communication of information that includes criminal | ||||||
4 | history record information about a natural person that is | ||||||
5 | produced by a law enforcement agency, a court, a consumer | ||||||
6 | reporting agency, or a housing screening agency or business. | ||||||
7 | (c) "Presiding officer" shall mean the presiding officer | ||||||
8 | of the
board of a county, or the mayor or president of a city, | ||||||
9 | village or
incorporated town, as the case may be, for which an | ||||||
10 | Authority is created
hereunder.
| ||||||
11 | (d) "Commissioner" shall mean one of the members of an | ||||||
12 | Authority
appointed in accordance with the provisions of this | ||||||
13 | Act.
| ||||||
14 | (e) "Government" shall include the State and Federal | ||||||
15 | governments and
the governments of any subdivisions, agency or | ||||||
16 | instrumentality,
corporate or otherwise, of either of them.
| ||||||
17 | (f) "Department" shall mean the Department of Commerce and
| ||||||
18 | Economic Opportunity.
| ||||||
19 | (g) "Project" shall include all lands, buildings, and | ||||||
20 | improvements,
acquired, owned, leased, managed or operated by | ||||||
21 | a housing authority, and
all buildings and improvements | ||||||
22 | constructed, reconstructed or repaired by
a housing authority, | ||||||
23 | designed to provide housing accommodations and
facilities | ||||||
24 | appurtenant thereto (including community facilities and
| ||||||
25 | stores) which are planned as a unit, whether or not acquired or
| ||||||
26 | constructed at one time even though all or a portion of the |
| |||||||
| |||||||
1 | buildings
are not contiguous or adjacent to one another; and | ||||||
2 | the planning of
buildings and improvements, the acquisition of | ||||||
3 | property, the demolition
of existing structures, the clearing | ||||||
4 | of land, the construction,
reconstruction, and repair of | ||||||
5 | buildings or improvements and all other
work in connection | ||||||
6 | therewith. As provided in Sections 8.14 to 8.18,
inclusive, | ||||||
7 | "project" also means, for Housing Authorities for
| ||||||
8 | municipalities of less than 500,000 population and for | ||||||
9 | counties, the
conservation of urban areas in accordance with | ||||||
10 | an approved conservation
plan. "Project" shall also include : | ||||||
11 | (1) acquisition of : | ||||||
12 | (i) a slum or
blighted area or a deteriorated or | ||||||
13 | deteriorating area which is
predominantly residential | ||||||
14 | in character, or | ||||||
15 | (ii) any other deteriorated
or deteriorating area | ||||||
16 | which is to be developed or redeveloped for
| ||||||
17 | predominantly residential uses, or | ||||||
18 | (iii) platted urban or suburban land
which is | ||||||
19 | predominantly open and which because of obsolete | ||||||
20 | platting,
diversity of ownership, deterioration of | ||||||
21 | structures or of site
improvements, or otherwise | ||||||
22 | substantially impairs or arrests the sound
growth of | ||||||
23 | the community and which is to be developed for | ||||||
24 | predominantly
residential uses, or | ||||||
25 | (iv) open unplatted urban or suburban land
| ||||||
26 | necessary for sound community growth which is to be |
| |||||||
| |||||||
1 | developed for
predominantly residential uses, or | ||||||
2 | (v) any other area where parcels of
land remain | ||||||
3 | undeveloped because of improper platting, delinquent | ||||||
4 | taxes
or special assessments, scattered or uncertain | ||||||
5 | ownerships, clouds on
title, artificial values due to | ||||||
6 | excessive utility costs, or any other
impediments to | ||||||
7 | the use of such area for predominantly residential | ||||||
8 | uses;
| ||||||
9 | (2) installation, construction, or reconstruction of | ||||||
10 | streets, utilities,
and other site improvements essential | ||||||
11 | to the preparation of sites for
uses in accordance with | ||||||
12 | the development or redevelopment plan; and | ||||||
13 | (3)
making the land available for development or | ||||||
14 | redevelopment by private
enterprise or public agencies | ||||||
15 | (including sale, initial leasing, or
retention by the | ||||||
16 | local public agency itself). | ||||||
17 | If , in any city, village ,
or incorporated town , there | ||||||
18 | exists a land clearance commission created
under the Blighted | ||||||
19 | Areas Redevelopment Act of 1947 (repealed) prior to August 20, | ||||||
20 | 2021 ( the effective date of Public Act 102-510) this | ||||||
21 | amendatory Act of the 102nd General Assembly having the same
| ||||||
22 | area of operation as a housing authority created in and for any | ||||||
23 | such
municipality , such housing authority shall have no power | ||||||
24 | to acquire land
of the character described in subparagraph | ||||||
25 | (iii), (iv) , or (v) of
paragraph (1) 1 of the definition of | ||||||
26 | "project" for the purpose of
development or redevelopment by |
| |||||||
| |||||||
1 | private enterprise.
| ||||||
2 | (h) "Community facilities" shall include lands, buildings, | ||||||
3 | and
equipment for recreation or social assembly, for | ||||||
4 | education, health or
welfare activities and other necessary | ||||||
5 | utilities primarily for use and
benefit of the occupants of | ||||||
6 | housing accommodations to be constructed,
reconstructed, | ||||||
7 | repaired or operated hereunder.
| ||||||
8 | (i) "Real property" shall include lands, lands under | ||||||
9 | water,
structures, and any and all easements, franchises and | ||||||
10 | incorporeal
hereditaments and estates, and rights, legal and | ||||||
11 | equitable, including
terms for years and liens by way of | ||||||
12 | judgment, mortgage or otherwise.
| ||||||
13 | (j) The term "governing body" shall include the city | ||||||
14 | council of any
city, the president and board of trustees of any | ||||||
15 | village or incorporated
town, the council of any city or | ||||||
16 | village, and the county board of any
county.
| ||||||
17 | (k) The phrase "individual, association, corporation or
| ||||||
18 | organization" shall include any individual, private | ||||||
19 | corporation, limited or general partnership, limited liability | ||||||
20 | company,
insurance company, housing corporation, neighborhood | ||||||
21 | redevelopment
corporation, non-profit corporation, | ||||||
22 | incorporated or unincorporated
group or association, | ||||||
23 | educational institution, hospital, or charitable
organization, | ||||||
24 | and any mutual ownership or cooperative organization.
| ||||||
25 | (l) "Conservation area", for the purpose of the exercise | ||||||
26 | of the
powers granted in Sections 8.14 to 8.18, inclusive, for |
| |||||||
| |||||||
1 | housing
authorities for municipalities of less than 500,000 | ||||||
2 | population and for
counties, means an area of not less than 2 | ||||||
3 | acres in which the structures
in 50% or more of the area are | ||||||
4 | residential having an average age of 35
years or more. Such an | ||||||
5 | area by reason of dilapidation, obsolescence, deterioration or | ||||||
6 | illegal
use of individual structures, overcrowding of | ||||||
7 | structures and community
facilities, conversion of residential | ||||||
8 | units into non-residential use,
deleterious land use or | ||||||
9 | layout, decline of physical maintenance, lack of
community | ||||||
10 | planning, or any combination of these factors may become a
| ||||||
11 | slum and blighted area.
| ||||||
12 | (m) "Conservation plan" means the comprehensive program | ||||||
13 | for the
physical development and replanning of a "Conservation | ||||||
14 | Area" as defined
in paragraph (l) embodying the steps required | ||||||
15 | to prevent such
Conservation Area from becoming a slum and | ||||||
16 | blighted area.
| ||||||
17 | (n) "Fair use value" means the fair cash market value of | ||||||
18 | real
property when employed for the use contemplated by a | ||||||
19 | "Conservation Plan"
in municipalities of less than 500,000 | ||||||
20 | population and in counties.
| ||||||
21 | (o) "Community facilities" means, in relation to a | ||||||
22 | "Conservation
Plan", those physical plants which implement, | ||||||
23 | support and facilitate the
activities, services and interests | ||||||
24 | of education, recreation, shopping,
health, welfare, religion | ||||||
25 | and general culture.
| ||||||
26 | (p) "Loan agreement" means any agreement pursuant to which |
| |||||||
| |||||||
1 | an Authority
agrees to loan the proceeds of its revenue bonds | ||||||
2 | issued with respect to a
multifamily rental housing project or | ||||||
3 | other funds of the Authority to any
person upon terms | ||||||
4 | providing for
loan repayment installments at least sufficient | ||||||
5 | to pay when due all principal
of, premium, if any, and interest | ||||||
6 | on the revenue bonds of the Authority issued
with respect to | ||||||
7 | the multifamily rental housing project, and providing for
| ||||||
8 | maintenance, insurance, and
other matters as may be deemed | ||||||
9 | desirable by the Authority.
| ||||||
10 | (q) "Multifamily rental housing" means any rental project | ||||||
11 | designed for
mixed-income or low-income occupancy.
| ||||||
12 | (Source: P.A. 101-659, eff. 3-23-21; 102-510, eff. 8-20-21; | ||||||
13 | revised 11-9-21.)
| ||||||
14 | (310 ILCS 10/25)
(from Ch. 67 1/2, par. 25)
| ||||||
15 | Sec. 25. Rentals and tenant selection. In the operation or | ||||||
16 | management
of housing projects an Authority
shall at all times | ||||||
17 | observe the following duties with respect to rentals and
| ||||||
18 | tenant selection:
| ||||||
19 | (a) It shall not accept any person as a tenant in any
| ||||||
20 | dwelling in a housing project if the persons who would occupy | ||||||
21 | the dwelling
have an aggregate annual income which equals or | ||||||
22 | exceeds the amount which
the Authority determines (which | ||||||
23 | determination shall be conclusive) to be
necessary in order to | ||||||
24 | enable such persons to secure safe, sanitary and
uncongested | ||||||
25 | dwelling accommodations within the area of operation of the
|
| |||||||
| |||||||
1 | Authority and to provide an adequate standard of living for | ||||||
2 | themselves.
| ||||||
3 | (b) It may rent or lease the dwelling accommodations | ||||||
4 | therein only at rentals
within the financial reach of persons | ||||||
5 | who lack the amount of income which
it determines (pursuant to | ||||||
6 | (a) of this Section) to be necessary in order to
obtain safe, | ||||||
7 | sanitary and uncongested dwelling accommodations within the
| ||||||
8 | area of operation of the Authority and to provide an adequate | ||||||
9 | standard of
living.
| ||||||
10 | (c) It may rent or lease to a tenant a dwelling consisting | ||||||
11 | of the
number of rooms (but no greater number) which it deems | ||||||
12 | necessary to provide
safe and sanitary accommodations to the | ||||||
13 | proposed occupants thereof, without
overcrowding.
| ||||||
14 | (d) It shall not change the residency preference of any | ||||||
15 | prospective
tenant once the application has been accepted by | ||||||
16 | the authority.
| ||||||
17 | (e)
If an Authority desires a criminal history records | ||||||
18 | check of all 50 states
or a 50-state confirmation of a | ||||||
19 | conviction record, the Authority shall submit
the fingerprints | ||||||
20 | of the relevant applicant, tenant, or other household member
| ||||||
21 | to the Illinois State Police in a manner prescribed by the | ||||||
22 | Illinois
State Police. These
fingerprints shall be checked | ||||||
23 | against the fingerprint records now and hereafter
filed in the
| ||||||
24 | Illinois State Police and
Federal Bureau of Investigation | ||||||
25 | criminal history records databases.
The Illinois State Police | ||||||
26 | shall charge a fee
for conducting the criminal history records |
| |||||||
| |||||||
1 | check, which shall be deposited in
the State Police Services | ||||||
2 | Fund and shall not exceed the actual cost of the
records check. | ||||||
3 | The Illinois State Police shall furnish pursuant to
positive | ||||||
4 | identification, records of conviction to the Authority. An | ||||||
5 | Authority that requests a criminal history report of an | ||||||
6 | applicant or other household member shall inform the applicant | ||||||
7 | at the time of the request that the applicant or other | ||||||
8 | household member may provide additional mitigating information | ||||||
9 | for consideration with the application for housing.
| ||||||
10 | (e-5) Criminal history record assessment. The Authority | ||||||
11 | shall use the following process when evaluating the criminal | ||||||
12 | history report of an applicant or other household member to | ||||||
13 | determine whether to rent or lease to the applicant: | ||||||
14 | (1) Unless required by federal law, the Authority | ||||||
15 | shall not consider the following information when | ||||||
16 | determining whether to rent or lease to an applicant for | ||||||
17 | housing: | ||||||
18 | (A) an arrest or detention; | ||||||
19 | (B) criminal charges or indictments, and the | ||||||
20 | nature of any disposition arising therefrom, that do | ||||||
21 | not result in a conviction; | ||||||
22 | (C) a conviction that has been vacated, ordered, | ||||||
23 | expunged, sealed, or impounded by a court; | ||||||
24 | (D) matters under the jurisdiction of the Illinois | ||||||
25 | Juvenile Court; | ||||||
26 | (E) the amount of time since the applicant or |
| |||||||
| |||||||
1 | other household member completed his or her sentence | ||||||
2 | in prison or jail or was released from prison or jail; | ||||||
3 | or | ||||||
4 | (F) convictions occurring more than 180 days prior | ||||||
5 | to the date the applicant submitted his or her | ||||||
6 | application for housing. | ||||||
7 | (2) The Authority shall create a system for the | ||||||
8 | independent review of criminal history reports: | ||||||
9 | (A) the reviewer shall examine the applicant's or | ||||||
10 | other household member's criminal history report and | ||||||
11 | report only those records not prohibited under | ||||||
12 | paragraph (1) to the person or persons making the | ||||||
13 | decision about whether to offer housing to the | ||||||
14 | applicant; and | ||||||
15 | (B) the reviewer shall not participate in any | ||||||
16 | final decisions on an applicant's application for | ||||||
17 | housing. | ||||||
18 | (3) The Authority may deny an applicant's application | ||||||
19 | for housing because of the applicant's or another | ||||||
20 | household member's criminal history record, only if the | ||||||
21 | Authority: | ||||||
22 | (A) determines that the denial is required under | ||||||
23 | federal law; or | ||||||
24 | (B)
determines that there is a direct relationship | ||||||
25 | between the applicant or the other household member's | ||||||
26 | criminal history record and a risk to the health, |
| |||||||
| |||||||
1 | safety, and peaceful enjoyment of fellow tenants. The | ||||||
2 | mere existence of a criminal history record does not | ||||||
3 | demonstrate such a risk. | ||||||
4 | (f) It may, if a tenant has created or maintained a threat
| ||||||
5 | constituting a serious and clear danger to the health or | ||||||
6 | safety of other
tenants or Authority employees, after 3 days' | ||||||
7 | written notice
of termination and without a hearing, file suit | ||||||
8 | against any such tenant for
recovery of possession of the | ||||||
9 | premises. The tenant shall be given the
opportunity to contest | ||||||
10 | the termination in the court proceedings. A serious
and clear | ||||||
11 | danger to the health or safety of other tenants or Authority
| ||||||
12 | employees shall include, but not be limited to, any of the | ||||||
13 | following
activities of the tenant or of any other person on | ||||||
14 | the premises with the
consent of the tenant:
| ||||||
15 | (1) Physical assault or the threat of physical | ||||||
16 | assault.
| ||||||
17 | (2) Illegal use of a firearm or other weapon or the | ||||||
18 | threat to use in
an illegal manner a firearm or other | ||||||
19 | weapon.
| ||||||
20 | (3) Possession of a controlled substance by the tenant | ||||||
21 | or any other person
on the premises with the consent of the | ||||||
22 | tenant if the tenant knew or should
have known of the | ||||||
23 | possession by the other person of a controlled
substance, | ||||||
24 | unless the controlled substance was obtained
directly from | ||||||
25 | or pursuant to a valid prescription.
| ||||||
26 | (4) Streetgang membership as defined in the Illinois
|
| |||||||
| |||||||
1 | Streetgang Terrorism Omnibus Prevention Act.
| ||||||
2 | The management of low-rent public housing projects | ||||||
3 | financed and developed
under the U.S. Housing Act of 1937 | ||||||
4 | shall
be in accordance with that Act.
| ||||||
5 | Nothing contained in this Section or any other Section of | ||||||
6 | this Act shall
be construed as limiting the power of an | ||||||
7 | Authority to vest in a bondholder
or trustee the right, in the | ||||||
8 | event of a default by the Authority, to take
possession and | ||||||
9 | operate a housing project or cause the appointment of a
| ||||||
10 | receiver thereof, free from all restrictions imposed by this | ||||||
11 | Section or any
other Section of this Act.
| ||||||
12 | (Source: P.A. 101-659, eff. 3-23-21; 102-538, eff. 8-20-21; | ||||||
13 | revised 11-9-21.)
| ||||||
14 | Section 515. The Adult Protective Services Act is amended | ||||||
15 | by changing Section 3.5 as follows: | ||||||
16 | (320 ILCS 20/3.5) | ||||||
17 | Sec. 3.5. Other responsibilities. The Department shall | ||||||
18 | also be
responsible for the following activities, contingent | ||||||
19 | upon adequate funding; implementation shall be expanded to | ||||||
20 | adults with disabilities upon the effective date of this | ||||||
21 | amendatory Act of the 98th General Assembly, except those | ||||||
22 | responsibilities under subsection (a), which shall be | ||||||
23 | undertaken as soon as practicable: | ||||||
24 | (a) promotion of a wide range of endeavors for the |
| |||||||
| |||||||
1 | purpose of preventing
abuse, abandonment, neglect, | ||||||
2 | financial exploitation, and self-neglect, including, but | ||||||
3 | not limited to, promotion of public
and professional | ||||||
4 | education to increase awareness of abuse, abandonment, | ||||||
5 | neglect,
financial exploitation, and self-neglect; to | ||||||
6 | increase reports; to establish access to and use of the | ||||||
7 | Registry established under Section 7.5; and to improve | ||||||
8 | response by
various legal, financial, social, and health | ||||||
9 | systems; | ||||||
10 | (b) coordination of efforts with other agencies, | ||||||
11 | councils, and like
entities, to include but not be limited | ||||||
12 | to, the Administrative Office of the Illinois Courts, the | ||||||
13 | Office of the Attorney General,
the Illinois State Police, | ||||||
14 | the Illinois Law Enforcement Training Standards
Board, the | ||||||
15 | State Triad, the Illinois Criminal Justice Information
| ||||||
16 | Authority, the
Departments of Public Health, Healthcare | ||||||
17 | and Family Services, and Human Services, the Illinois | ||||||
18 | Guardianship and Advocacy Commission, the Family
Violence | ||||||
19 | Coordinating Council, the Illinois Violence Prevention | ||||||
20 | Authority,
and other
entities which may impact awareness | ||||||
21 | of, and response to, abuse, abandonment, neglect,
| ||||||
22 | financial exploitation, and self-neglect; | ||||||
23 | (c) collection and analysis of data; | ||||||
24 | (d) monitoring of the performance of regional | ||||||
25 | administrative agencies and adult protective services
| ||||||
26 | agencies; |
| |||||||
| |||||||
1 | (e) promotion of prevention activities; | ||||||
2 | (f) establishing and coordinating an aggressive | ||||||
3 | training program on the unique
nature of adult abuse cases | ||||||
4 | with other agencies, councils, and like entities,
to | ||||||
5 | include but not be limited to the Office of the Attorney | ||||||
6 | General, the
Illinois State Police, the Illinois Law | ||||||
7 | Enforcement Training Standards Board, the
State Triad, the | ||||||
8 | Illinois Criminal Justice Information Authority, the State
| ||||||
9 | Departments of Public Health, Healthcare and Family | ||||||
10 | Services, and Human Services, the Family
Violence | ||||||
11 | Coordinating Council, the Illinois Violence Prevention | ||||||
12 | Authority,
the agency designated by the Governor under | ||||||
13 | Section 1 of the Protection and Advocacy for Persons with | ||||||
14 | Developmental Disabilities Act, and other entities that | ||||||
15 | may impact awareness of and response to
abuse, | ||||||
16 | abandonment, neglect, financial exploitation, and | ||||||
17 | self-neglect; | ||||||
18 | (g) solicitation of financial institutions for the | ||||||
19 | purpose of making
information available to the general | ||||||
20 | public warning of financial exploitation
of adults and | ||||||
21 | related financial fraud or abuse, including such
| ||||||
22 | information and warnings available through signage or | ||||||
23 | other written
materials provided by the Department on the | ||||||
24 | premises of such financial
institutions, provided that the | ||||||
25 | manner of displaying or distributing such
information is | ||||||
26 | subject to the sole discretion of each financial |
| |||||||
| |||||||
1 | institution;
| ||||||
2 | (g-1) developing by joint rulemaking with the | ||||||
3 | Department of Financial and Professional Regulation | ||||||
4 | minimum training standards which shall be used by | ||||||
5 | financial institutions for their current and new employees | ||||||
6 | with direct customer contact; the Department of Financial | ||||||
7 | and Professional Regulation shall retain sole visitation | ||||||
8 | and enforcement authority under this subsection (g-1); the | ||||||
9 | Department of Financial and Professional Regulation shall | ||||||
10 | provide bi-annual reports to the Department setting forth | ||||||
11 | aggregate statistics on the training programs required | ||||||
12 | under this subsection (g-1); and | ||||||
13 | (h) coordinating efforts with utility and electric | ||||||
14 | companies to send
notices in utility bills to
explain to | ||||||
15 | persons 60 years of age or older
their rights regarding | ||||||
16 | telemarketing and home repair fraud. | ||||||
17 | (Source: P.A. 102-244, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
18 | revised 11-9-21.) | ||||||
19 | Section 520. The Abused and Neglected Child Reporting Act | ||||||
20 | is amended by changing Sections 3 and 7.8 as follows: | ||||||
21 | (325 ILCS 5/3) (from Ch. 23, par. 2053) | ||||||
22 | Sec. 3. As used in this Act unless the context otherwise | ||||||
23 | requires: | ||||||
24 | "Adult resident" means any person between 18 and 22 years |
| |||||||
| |||||||
1 | of age who resides in any facility licensed by the Department | ||||||
2 | under the Child Care Act of 1969. For purposes of this Act, the | ||||||
3 | criteria set forth in the definitions of "abused child" and | ||||||
4 | "neglected child" shall be used in determining whether an | ||||||
5 | adult resident is abused or neglected. | ||||||
6 | "Agency" means a child care facility licensed under | ||||||
7 | Section 2.05 or Section 2.06 of the Child Care Act of 1969 and | ||||||
8 | includes a transitional living program that accepts children | ||||||
9 | and adult residents for placement who are in the guardianship | ||||||
10 | of the Department. | ||||||
11 | "Blatant disregard" means an incident where the real, | ||||||
12 | significant, and imminent risk of harm would be so obvious to a | ||||||
13 | reasonable parent or caretaker that it is unlikely that a | ||||||
14 | reasonable parent or caretaker would have exposed the child to | ||||||
15 | the danger without exercising precautionary measures to | ||||||
16 | protect the child from harm. With respect to a person working | ||||||
17 | at an agency in his or her professional capacity with a child | ||||||
18 | or adult resident, "blatant disregard" includes a failure by | ||||||
19 | the person to perform job responsibilities intended to protect | ||||||
20 | the child's or adult resident's health, physical well-being, | ||||||
21 | or welfare, and, when viewed in light of the surrounding | ||||||
22 | circumstances, evidence exists that would cause a reasonable | ||||||
23 | person to believe that the child was neglected. With respect | ||||||
24 | to an agency, "blatant disregard" includes a failure to | ||||||
25 | implement practices that ensure the health, physical | ||||||
26 | well-being, or welfare of the children and adult residents |
| |||||||
| |||||||
1 | residing in the facility. | ||||||
2 | "Child" means any person under the age of 18 years, unless | ||||||
3 | legally
emancipated by reason of marriage or entry into a | ||||||
4 | branch of the United
States armed services. | ||||||
5 | "Department" means Department of Children and Family | ||||||
6 | Services. | ||||||
7 | "Local law enforcement agency" means the police of a city, | ||||||
8 | town,
village or other incorporated area or the sheriff of an | ||||||
9 | unincorporated
area or any sworn officer of the Illinois | ||||||
10 | Department of State Police. | ||||||
11 | "Abused child"
means a child whose parent or immediate | ||||||
12 | family
member,
or any person responsible for the child's | ||||||
13 | welfare, or any individual
residing in the same home as the | ||||||
14 | child, or a paramour of the child's parent: | ||||||
15 | (a) inflicts, causes to be inflicted, or allows to be
| ||||||
16 | inflicted upon
such child physical injury, by other than | ||||||
17 | accidental means, which causes
death, disfigurement, | ||||||
18 | impairment of physical or
emotional health, or loss or | ||||||
19 | impairment of any bodily function; | ||||||
20 | (b) creates a substantial risk of physical injury to | ||||||
21 | such
child by
other than accidental means which would be | ||||||
22 | likely to cause death,
disfigurement, impairment of | ||||||
23 | physical or emotional health, or loss or
impairment of any | ||||||
24 | bodily function; | ||||||
25 | (c) commits or allows to be committed any sex offense | ||||||
26 | against
such child,
as such sex offenses are defined in |
| |||||||
| |||||||
1 | the Criminal Code of 2012 or in the Wrongs to Children Act,
| ||||||
2 | and extending those definitions of sex offenses to include | ||||||
3 | children under
18 years of age; | ||||||
4 | (d) commits or allows to be committed an act or acts of
| ||||||
5 | torture upon
such child; | ||||||
6 | (e) inflicts excessive corporal punishment or, in the | ||||||
7 | case of a person working for an agency who is prohibited | ||||||
8 | from using corporal punishment, inflicts corporal | ||||||
9 | punishment upon a child or adult resident with whom the | ||||||
10 | person is working in his or her professional capacity; | ||||||
11 | (f) commits or allows to be committed
the offense of
| ||||||
12 | female
genital mutilation, as defined in Section 12-34 of | ||||||
13 | the Criminal Code of
2012, against the child; | ||||||
14 | (g) causes to be sold, transferred, distributed, or | ||||||
15 | given to
such child
under 18 years of age, a controlled | ||||||
16 | substance as defined in Section 102 of the
Illinois | ||||||
17 | Controlled Substances Act in violation of Article IV of | ||||||
18 | the Illinois
Controlled Substances Act or in violation of | ||||||
19 | the Methamphetamine Control and Community Protection Act, | ||||||
20 | except for controlled substances that are prescribed
in | ||||||
21 | accordance with Article III of the Illinois Controlled | ||||||
22 | Substances Act and
are dispensed to such child in a manner | ||||||
23 | that substantially complies with the
prescription; | ||||||
24 | (h) commits or allows to be committed the offense of | ||||||
25 | involuntary servitude, involuntary sexual servitude of a | ||||||
26 | minor, or trafficking in persons as defined in Section |
| |||||||
| |||||||
1 | 10-9 of the Criminal Code of 2012 against the child; or | ||||||
2 | (i) commits the offense of grooming, as defined in | ||||||
3 | Section 11-25 of the Criminal Code of 2012, against the | ||||||
4 | child. | ||||||
5 | A child shall not be considered abused for the sole reason | ||||||
6 | that the child
has been relinquished in accordance with the | ||||||
7 | Abandoned Newborn Infant
Protection Act. | ||||||
8 | "Neglected child" means any child who is not receiving the | ||||||
9 | proper or
necessary nourishment or medically indicated | ||||||
10 | treatment including food or care
not provided solely on the | ||||||
11 | basis of the present or anticipated mental or
physical | ||||||
12 | impairment as determined by a physician acting alone or in
| ||||||
13 | consultation with other physicians or otherwise is not | ||||||
14 | receiving the proper or
necessary support or medical or other | ||||||
15 | remedial care recognized under State law
as necessary for a | ||||||
16 | child's well-being, or other care necessary for his or her
| ||||||
17 | well-being, including adequate food, clothing and shelter; or | ||||||
18 | who is subjected to an environment which is injurious insofar | ||||||
19 | as (i) the child's environment creates a likelihood of harm to | ||||||
20 | the child's health, physical well-being, or welfare and (ii) | ||||||
21 | the likely harm to the child is the result of a blatant | ||||||
22 | disregard of parent, caretaker, person responsible for the | ||||||
23 | child's welfare, or agency responsibilities; or who is | ||||||
24 | abandoned
by his or her parents or other person responsible | ||||||
25 | for the child's welfare
without a proper plan of care; or who | ||||||
26 | has been provided with interim crisis intervention services |
| |||||||
| |||||||
1 | under
Section 3-5 of
the Juvenile Court Act of 1987 and whose | ||||||
2 | parent, guardian, or custodian refuses to
permit
the child to | ||||||
3 | return home and no other living arrangement agreeable
to the | ||||||
4 | parent, guardian, or custodian can be made, and the parent, | ||||||
5 | guardian, or custodian has not made any other appropriate | ||||||
6 | living arrangement for the child; or who is a newborn infant | ||||||
7 | whose blood, urine,
or meconium
contains any amount of a | ||||||
8 | controlled substance as defined in subsection (f) of
Section | ||||||
9 | 102 of the Illinois Controlled Substances Act or a metabolite | ||||||
10 | thereof,
with the exception of a controlled substance or | ||||||
11 | metabolite thereof whose
presence in the newborn infant is the | ||||||
12 | result of medical treatment administered
to the mother or the | ||||||
13 | newborn infant. A child shall not be considered neglected
for | ||||||
14 | the sole reason that the child's parent or other person | ||||||
15 | responsible for his
or her welfare has left the child in the | ||||||
16 | care of an adult relative for any
period of time. A child shall | ||||||
17 | not be considered neglected for the sole reason
that the child | ||||||
18 | has been relinquished in accordance with the Abandoned Newborn
| ||||||
19 | Infant Protection Act. A child shall not be considered | ||||||
20 | neglected or abused
for the
sole reason that such child's | ||||||
21 | parent or other person responsible for his or her
welfare | ||||||
22 | depends upon spiritual means through prayer alone for the | ||||||
23 | treatment or
cure of disease or remedial care as provided | ||||||
24 | under Section 4 of this Act. A
child shall not be considered | ||||||
25 | neglected or abused solely because the child is
not attending | ||||||
26 | school in accordance with the requirements of Article 26 of |
| |||||||
| |||||||
1 | The
School Code, as amended. | ||||||
2 | "Child Protective Service Unit" means certain specialized | ||||||
3 | State employees of
the Department assigned by the Director to | ||||||
4 | perform the duties and
responsibilities as provided under | ||||||
5 | Section 7.2 of this Act. | ||||||
6 | "Near fatality" means an act that, as certified by a | ||||||
7 | physician, places the child in serious or critical condition, | ||||||
8 | including acts of great bodily harm inflicted upon children | ||||||
9 | under 13 years of age, and as otherwise defined by Department | ||||||
10 | rule. | ||||||
11 | "Great bodily harm" includes bodily injury which creates a | ||||||
12 | high probability of death, or which causes serious permanent | ||||||
13 | disfigurement, or which causes a permanent or protracted loss | ||||||
14 | or impairment of the function of any bodily member or organ, or | ||||||
15 | other serious bodily harm. | ||||||
16 | "Person responsible for the child's welfare" means the | ||||||
17 | child's parent;
guardian; foster parent; relative caregiver; | ||||||
18 | any person responsible for the
child's welfare in a public or | ||||||
19 | private residential agency or institution; any
person | ||||||
20 | responsible for the child's welfare within a public or private | ||||||
21 | profit or
not for profit child care facility; or any other | ||||||
22 | person responsible for the
child's welfare at the time of the | ||||||
23 | alleged abuse or neglect, including any person who commits or | ||||||
24 | allows to be committed, against the child, the offense of | ||||||
25 | involuntary servitude, involuntary sexual servitude of a | ||||||
26 | minor, or trafficking in persons for forced labor or services, |
| |||||||
| |||||||
1 | as provided in Section 10-9 of the Criminal Code of 2012, | ||||||
2 | including , but not limited to , the custodian of the minor, or | ||||||
3 | any person who
came to know the child through an official | ||||||
4 | capacity or position of trust,
including , but not limited to , | ||||||
5 | health care professionals, educational personnel,
recreational | ||||||
6 | supervisors, members of the clergy, and volunteers or
support | ||||||
7 | personnel in any setting
where children may be subject to | ||||||
8 | abuse or neglect. | ||||||
9 | "Temporary protective custody" means custody within a | ||||||
10 | hospital or
other medical facility or a place previously | ||||||
11 | designated for such custody
by the Department, subject to | ||||||
12 | review by the Court, including a licensed
foster home, group | ||||||
13 | home, or other institution; but such place shall not
be a jail | ||||||
14 | or other place for the detention of criminal or juvenile | ||||||
15 | offenders. | ||||||
16 | "An unfounded report" means any report made under this Act | ||||||
17 | for which
it is determined after an investigation that no | ||||||
18 | credible evidence of
abuse or neglect exists. | ||||||
19 | "An indicated report" means a report made under this Act | ||||||
20 | if an
investigation determines that credible evidence of the | ||||||
21 | alleged
abuse or neglect exists. | ||||||
22 | "An undetermined report" means any report made under this | ||||||
23 | Act in
which it was not possible to initiate or complete an | ||||||
24 | investigation on
the basis of information provided to the | ||||||
25 | Department. | ||||||
26 | "Subject of report" means any child reported to the |
| |||||||
| |||||||
1 | central register
of child abuse and neglect established under | ||||||
2 | Section 7.7 of this Act as an alleged victim of child abuse or | ||||||
3 | neglect and
the parent or guardian of the alleged victim or | ||||||
4 | other person responsible for the alleged victim's welfare who | ||||||
5 | is named in the report or added to the report as an alleged | ||||||
6 | perpetrator of child abuse or neglect. | ||||||
7 | "Perpetrator" means a person who, as a result of | ||||||
8 | investigation, has
been determined by the Department to have | ||||||
9 | caused child abuse or neglect. | ||||||
10 | "Member of the clergy" means a clergyman or practitioner | ||||||
11 | of any religious
denomination accredited by the religious body | ||||||
12 | to which he or she belongs. | ||||||
13 | (Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21; | ||||||
14 | revised 1-15-22.)
| ||||||
15 | (325 ILCS 5/7.8)
| ||||||
16 | Sec. 7.8.
Upon receiving an oral or written report of | ||||||
17 | suspected
child abuse or neglect, the Department shall | ||||||
18 | immediately notify, either
orally or electronically, the Child | ||||||
19 | Protective Service Unit of a previous
report concerning a | ||||||
20 | subject of the present report or other pertinent
information. | ||||||
21 | In addition, upon satisfactory identification procedures, to
| ||||||
22 | be established by Department regulation, any person authorized | ||||||
23 | to have
access to records under Section 11.1 relating to child | ||||||
24 | abuse and neglect
may request and shall be immediately | ||||||
25 | provided the information requested in
accordance with this |
| |||||||
| |||||||
1 | Act. However, no information shall be released unless
it | ||||||
2 | prominently states the report is "indicated", and only | ||||||
3 | information from
"indicated" reports shall be released, except | ||||||
4 | that: | ||||||
5 | (1) Information concerning
pending reports may be | ||||||
6 | released pursuant to Sections 7.14 and 7.22 of this Act to | ||||||
7 | the attorney or guardian ad litem appointed under Section | ||||||
8 | 2-17 of the Juvenile Court Act of 1987 and to any person | ||||||
9 | authorized under
paragraphs (1), (2), (3) , and (11) of | ||||||
10 | subsection (a) of Section 11.1. | ||||||
11 | (2) State's
Attorneys are authorized to receive | ||||||
12 | unfounded reports: | ||||||
13 | (A) for prosecution
purposes related to the | ||||||
14 | transmission of false reports of child abuse or
| ||||||
15 | neglect in violation of subsection (a), paragraph (7) | ||||||
16 | of Section 26-1
of the Criminal Code of 2012; or | ||||||
17 | (B) for the purposes of screening and prosecuting | ||||||
18 | a petition filed under Article II of the Juvenile | ||||||
19 | Court Act of 1987 alleging abuse or neglect relating | ||||||
20 | to the same child, a sibling of the child, the same | ||||||
21 | perpetrator, or a child or perpetrator in the same | ||||||
22 | household as the child for whom the petition is being | ||||||
23 | filed. | ||||||
24 | (3) The parties to the proceedings
filed under Article | ||||||
25 | II of the Juvenile Court Act of 1987 are entitled to | ||||||
26 | receive
copies of unfounded reports regarding the same |
| |||||||
| |||||||
1 | child, a sibling of the
child, the same perpetrator, or a | ||||||
2 | child or perpetrator in the same household as the child | ||||||
3 | for purposes of hearings under Sections 2-10 and 2-21 of | ||||||
4 | the Juvenile Court Act of 1987. | ||||||
5 | (4) Attorneys and guardians ad litem appointed under
| ||||||
6 | Article II of the Juvenile Court Act of 1987 shall receive | ||||||
7 | the
reports set forth in Section 7.14 of this Act in | ||||||
8 | conformance with paragraph
(19) of subsection (a) of | ||||||
9 | Section 11.1 and Section 7.14 of this Act. | ||||||
10 | (5) The Department of Public Health shall receive | ||||||
11 | information from unfounded reports involving children | ||||||
12 | alleged to have been abused or neglected while | ||||||
13 | hospitalized, including while hospitalized in freestanding | ||||||
14 | psychiatric hospitals licensed by the Department of Public | ||||||
15 | Health, as necessary for the Department of Public Health | ||||||
16 | to conduct its licensing investigation. | ||||||
17 | (6) The Department is authorized and required to | ||||||
18 | release information from unfounded reports, upon request | ||||||
19 | by a person who has access to the unfounded report as | ||||||
20 | provided in this Act, as necessary in its determination to | ||||||
21 | protect children and adult residents who are in child care | ||||||
22 | facilities licensed by the Department under the Child Care | ||||||
23 | Act of 1969. The names and other
identifying data and the | ||||||
24 | dates and the circumstances of any persons
requesting or | ||||||
25 | receiving information from the central register shall be
| ||||||
26 | entered in the register record.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-43, eff. 1-1-20; 102-532, eff. 8-20-21; | ||||||
2 | revised 11-24-21.) | ||||||
3 | Section 525. The Early Intervention Services System Act is | ||||||
4 | amended by changing Section 11 as follows:
| ||||||
5 | (325 ILCS 20/11) (from Ch. 23, par. 4161)
| ||||||
6 | Sec. 11. Individualized Family Service Plans.
| ||||||
7 | (a) Each eligible infant or toddler and that infant's or | ||||||
8 | toddler's family
shall receive:
| ||||||
9 | (1) timely, comprehensive, multidisciplinary | ||||||
10 | assessment of the unique
strengths and needs of each | ||||||
11 | eligible infant and toddler, and assessment of the | ||||||
12 | concerns
and priorities of the families to appropriately | ||||||
13 | assist them in meeting
their needs and identify supports | ||||||
14 | and services to meet those needs; and
| ||||||
15 | (2) a written Individualized Family Service Plan | ||||||
16 | developed by a
multidisciplinary team which includes the | ||||||
17 | parent or guardian. The
individualized family service plan | ||||||
18 | shall be based on the
multidisciplinary team's assessment | ||||||
19 | of the resources, priorities,
and concerns of the family | ||||||
20 | and its identification of the supports
and services | ||||||
21 | necessary to enhance the family's capacity to meet the
| ||||||
22 | developmental needs of the infant or toddler, and shall | ||||||
23 | include the
identification of services appropriate to meet | ||||||
24 | those needs, including the
frequency, intensity, and |
| |||||||
| |||||||
1 | method of delivering services. During and as part of
the | ||||||
2 | initial development of the individualized family services | ||||||
3 | plan, and any
periodic reviews of the plan, the | ||||||
4 | multidisciplinary team may seek consultation from the lead
| ||||||
5 | agency's designated experts, if any, to help
determine | ||||||
6 | appropriate services and the frequency and intensity of | ||||||
7 | those
services. All services in the individualized family | ||||||
8 | services plan must be
justified by the multidisciplinary | ||||||
9 | assessment of the unique strengths and
needs of the infant | ||||||
10 | or toddler and must be appropriate to meet those needs.
At | ||||||
11 | the periodic reviews, the team shall determine whether | ||||||
12 | modification or
revision of the outcomes or services is | ||||||
13 | necessary.
| ||||||
14 | (b) The Individualized Family Service Plan shall be | ||||||
15 | evaluated once a year
and the family shall be provided a review | ||||||
16 | of the Plan at 6-month 6 month intervals or
more often where | ||||||
17 | appropriate based on infant or toddler and family needs.
The | ||||||
18 | lead agency shall create a quality review process regarding | ||||||
19 | Individualized
Family Service Plan development and changes | ||||||
20 | thereto, to monitor
and help ensure assure that resources are | ||||||
21 | being used to provide appropriate early
intervention services.
| ||||||
22 | (c) The initial evaluation and initial assessment and | ||||||
23 | initial
Plan meeting must be held within 45 days after the | ||||||
24 | initial
contact with the early intervention services system. | ||||||
25 | The 45-day timeline does not apply for any period when the | ||||||
26 | child or parent is unavailable to complete the initial |
| |||||||
| |||||||
1 | evaluation, the initial assessments of the child and family, | ||||||
2 | or the initial Plan meeting, due to exceptional family | ||||||
3 | circumstances that are documented in the child's early | ||||||
4 | intervention records, or when the parent has not provided | ||||||
5 | consent for the initial evaluation or the initial assessment | ||||||
6 | of the child despite documented, repeated attempts to obtain | ||||||
7 | parental consent. As soon as exceptional family circumstances | ||||||
8 | no longer exist or parental consent has been obtained, the | ||||||
9 | initial evaluation, the initial assessment, and the initial | ||||||
10 | Plan meeting must be completed as soon as possible. With | ||||||
11 | parental consent,
early intervention services may commence | ||||||
12 | before the completion of the
comprehensive assessment and | ||||||
13 | development of the Plan.
| ||||||
14 | (d) Parents must be informed that early
intervention
| ||||||
15 | services shall be provided to each eligible infant and | ||||||
16 | toddler, to the maximum extent appropriate, in the natural
| ||||||
17 | environment, which may include the home or other community | ||||||
18 | settings. Parents must also be informed of the availability of | ||||||
19 | early intervention services provided through telehealth | ||||||
20 | services. Parents
shall make
the final decision to accept or | ||||||
21 | decline
early intervention services, including whether | ||||||
22 | accepted services are delivered in person or via telehealth | ||||||
23 | services. A decision to decline such services shall
not be a | ||||||
24 | basis for administrative determination of parental fitness, or
| ||||||
25 | other findings or sanctions against the parents. Parameters of | ||||||
26 | the Plan
shall be set forth in rules.
|
| |||||||
| |||||||
1 | (e) The regional intake offices shall explain to each | ||||||
2 | family, orally and
in
writing, all of the following:
| ||||||
3 | (1) That the early intervention program will pay for | ||||||
4 | all early
intervention services set forth in the | ||||||
5 | individualized family service plan that
are not
covered or | ||||||
6 | paid under the family's public or private insurance plan | ||||||
7 | or policy
and not
eligible for payment through any other | ||||||
8 | third party payor.
| ||||||
9 | (2) That services will not be delayed due to any rules | ||||||
10 | or restrictions
under the family's insurance plan or | ||||||
11 | policy.
| ||||||
12 | (3) That the family may request, with appropriate | ||||||
13 | documentation
supporting the request, a
determination of | ||||||
14 | an exemption from private insurance use under
Section | ||||||
15 | 13.25.
| ||||||
16 | (4) That responsibility for co-payments or
| ||||||
17 | co-insurance under a family's private insurance
plan or | ||||||
18 | policy will be transferred to the lead
agency's central | ||||||
19 | billing office.
| ||||||
20 | (5) That families will be responsible
for payments of | ||||||
21 | family fees,
which will be based on a sliding scale
| ||||||
22 | according to the State's definition of ability to pay | ||||||
23 | which is comparing household size and income to the | ||||||
24 | sliding scale and considering out-of-pocket medical or | ||||||
25 | disaster expenses, and that these fees
are payable to the | ||||||
26 | central billing office. Families who fail to provide |
| |||||||
| |||||||
1 | income information shall be charged the maximum amount on | ||||||
2 | the sliding scale.
| ||||||
3 | (f) The individualized family service plan must state | ||||||
4 | whether the family
has private insurance coverage and, if the | ||||||
5 | family has such coverage, must
have attached to it a copy of | ||||||
6 | the family's insurance identification card or
otherwise
| ||||||
7 | include all of the following information:
| ||||||
8 | (1) The name, address, and telephone number of the | ||||||
9 | insurance
carrier.
| ||||||
10 | (2) The contract number and policy number of the | ||||||
11 | insurance plan.
| ||||||
12 | (3) The name, address, and social security number of | ||||||
13 | the primary
insured.
| ||||||
14 | (4) The beginning date of the insurance benefit year.
| ||||||
15 | (g) A copy of the individualized family service plan must | ||||||
16 | be provided to
each enrolled provider who is providing early | ||||||
17 | intervention services to the
child
who is the subject of that | ||||||
18 | plan.
| ||||||
19 | (h) Children receiving services under this Act shall | ||||||
20 | receive a smooth and effective transition by their third | ||||||
21 | birthday consistent with federal regulations adopted pursuant | ||||||
22 | to Sections 1431 through 1444 of Title 20 of the United States | ||||||
23 | Code. Beginning January 1, 2022, children who receive early | ||||||
24 | intervention services prior to their third birthday and are | ||||||
25 | found eligible for an individualized education program under | ||||||
26 | the Individuals with Disabilities Education Act, 20 U.S.C. |
| |||||||
| |||||||
1 | 1414(d)(1)(A), and under Section 14-8.02 of the School Code | ||||||
2 | and whose birthday falls between May 1 and August 31 may | ||||||
3 | continue to receive early intervention services until the | ||||||
4 | beginning of the school year following their third birthday in | ||||||
5 | order to minimize gaps in services, ensure better continuity | ||||||
6 | of care, and align practices for the enrollment of preschool | ||||||
7 | children with special needs to the enrollment practices of | ||||||
8 | typically developing preschool children. | ||||||
9 | (Source: P.A. 101-654, eff. 3-8-21; 102-104, eff. 7-22-21; | ||||||
10 | 102-209, eff. 11-30-21 (See Section 5 of P.A. 102-671 for | ||||||
11 | effective date of P.A. 102-209); revised 12-1-21.)
| ||||||
12 | Section 530. The Sexual Assault Survivors Emergency | ||||||
13 | Treatment Act is amended by changing Sections 1a, 5, and 6.4 as | ||||||
14 | follows:
| ||||||
15 | (410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
| ||||||
16 | Sec. 1a. Definitions. | ||||||
17 | (a) In this Act:
| ||||||
18 | "Advanced practice registered nurse" has the meaning | ||||||
19 | provided in Section 50-10 of the Nurse Practice Act. | ||||||
20 | "Ambulance provider" means an individual or entity that | ||||||
21 | owns and operates a business or service using ambulances or | ||||||
22 | emergency medical services vehicles to transport emergency | ||||||
23 | patients.
| ||||||
24 | "Approved pediatric health care facility" means a health |
| |||||||
| |||||||
1 | care facility, other than a hospital, with a sexual assault | ||||||
2 | treatment plan approved by the Department to provide medical | ||||||
3 | forensic services to pediatric sexual assault survivors who | ||||||
4 | present with a complaint of sexual assault within a minimum of | ||||||
5 | the last 7 days or who have disclosed past sexual assault by a | ||||||
6 | specific individual and were in the care of that individual | ||||||
7 | within a minimum of the last 7 days. | ||||||
8 | "Areawide sexual assault treatment plan" means a plan, | ||||||
9 | developed by hospitals or by hospitals and approved pediatric | ||||||
10 | health care facilities in a community or area to be served, | ||||||
11 | which provides for medical forensic services to sexual assault | ||||||
12 | survivors that shall be made available by each of the | ||||||
13 | participating hospitals and approved pediatric health care | ||||||
14 | facilities.
| ||||||
15 | "Board-certified child abuse pediatrician" means a | ||||||
16 | physician certified by the American Board of Pediatrics in | ||||||
17 | child abuse pediatrics. | ||||||
18 | "Board-eligible child abuse pediatrician" means a | ||||||
19 | physician who has completed the requirements set forth by the | ||||||
20 | American Board of Pediatrics to take the examination for | ||||||
21 | certification in child abuse pediatrics. | ||||||
22 | "Department" means the Department of Public Health.
| ||||||
23 | "Emergency contraception" means medication as approved by | ||||||
24 | the federal Food and Drug Administration (FDA) that can | ||||||
25 | significantly reduce the risk of pregnancy if taken within 72 | ||||||
26 | hours after sexual assault.
|
| |||||||
| |||||||
1 | "Follow-up healthcare" means healthcare services related | ||||||
2 | to a sexual assault, including laboratory services and | ||||||
3 | pharmacy services, rendered within 90 days of the initial | ||||||
4 | visit for medical forensic services.
| ||||||
5 | "Health care professional" means a physician, a physician | ||||||
6 | assistant, a sexual assault forensic examiner, an advanced | ||||||
7 | practice registered nurse, a registered professional nurse, a | ||||||
8 | licensed practical nurse, or a sexual assault nurse examiner.
| ||||||
9 | "Hospital" means a hospital licensed under the Hospital | ||||||
10 | Licensing Act or operated under the University of Illinois | ||||||
11 | Hospital Act, any outpatient center included in the hospital's | ||||||
12 | sexual assault treatment plan where hospital employees provide | ||||||
13 | medical forensic services, and an out-of-state hospital that | ||||||
14 | has consented to the jurisdiction of the Department under | ||||||
15 | Section 2.06.
| ||||||
16 | "Illinois State Police Sexual Assault Evidence Collection | ||||||
17 | Kit" means a prepackaged set of materials and forms to be used | ||||||
18 | for the collection of evidence relating to sexual assault. The | ||||||
19 | standardized evidence collection kit for the State of Illinois | ||||||
20 | shall be the Illinois State Police Sexual Assault Evidence | ||||||
21 | Collection Kit.
| ||||||
22 | "Law enforcement agency having jurisdiction" means the law | ||||||
23 | enforcement agency in the jurisdiction where an alleged sexual | ||||||
24 | assault or sexual abuse occurred. | ||||||
25 | "Licensed practical nurse" has the meaning provided in | ||||||
26 | Section 50-10 of the Nurse Practice Act. |
| |||||||
| |||||||
1 | "Medical forensic services" means health care delivered to | ||||||
2 | patients within or under the care and supervision of personnel | ||||||
3 | working in a designated emergency department of a hospital or | ||||||
4 | an approved pediatric health care facility. "Medical forensic | ||||||
5 | services" includes, but is not limited to, taking a medical | ||||||
6 | history, performing photo documentation, performing a physical | ||||||
7 | and anogenital examination, assessing the patient for evidence | ||||||
8 | collection, collecting evidence in accordance with a statewide | ||||||
9 | sexual assault evidence collection program administered by the | ||||||
10 | Illinois State Police using the Illinois State Police Sexual | ||||||
11 | Assault Evidence Collection Kit, if appropriate, assessing the | ||||||
12 | patient for drug-facilitated or alcohol-facilitated sexual | ||||||
13 | assault, providing an evaluation of and care for sexually | ||||||
14 | transmitted infection and human immunodeficiency virus (HIV), | ||||||
15 | pregnancy risk evaluation and care, and discharge and | ||||||
16 | follow-up healthcare planning. | ||||||
17 | "Pediatric health care facility" means a clinic or | ||||||
18 | physician's office that provides medical services to pediatric | ||||||
19 | patients. | ||||||
20 | "Pediatric sexual assault survivor" means a person under | ||||||
21 | the age of 13 who presents for medical forensic services in | ||||||
22 | relation to injuries or trauma resulting from a sexual | ||||||
23 | assault. | ||||||
24 | "Photo documentation" means digital photographs or | ||||||
25 | colposcope videos stored and backed up securely in the | ||||||
26 | original file format. |
| |||||||
| |||||||
1 | "Physician" means a person licensed to practice medicine | ||||||
2 | in all its branches.
| ||||||
3 | "Physician assistant" has the meaning provided in Section | ||||||
4 | 4 of the Physician Assistant Practice Act of 1987. | ||||||
5 | "Prepubescent sexual assault survivor" means a female who | ||||||
6 | is under the age of 18 years and has not had a first menstrual | ||||||
7 | cycle or a male who is under the age of 18 years and has not | ||||||
8 | started to develop secondary sex characteristics who presents | ||||||
9 | for medical forensic services in relation to injuries or | ||||||
10 | trauma resulting from a sexual assault. | ||||||
11 | "Qualified medical provider" means a board-certified child | ||||||
12 | abuse pediatrician, board-eligible child abuse pediatrician, a | ||||||
13 | sexual assault forensic examiner, or a sexual assault nurse | ||||||
14 | examiner who has access to photo documentation tools, and who | ||||||
15 | participates in peer review. | ||||||
16 | "Registered Professional Nurse" has the meaning provided | ||||||
17 | in Section 50-10 of the Nurse Practice Act. | ||||||
18 | "Sexual assault" means: | ||||||
19 | (1) an act of sexual conduct; as used in this | ||||||
20 | paragraph, "sexual conduct" has the meaning provided under | ||||||
21 | Section 11-0.1 of the Criminal Code of 2012; or | ||||||
22 | (2) any act of sexual penetration; as used in this | ||||||
23 | paragraph, "sexual penetration" has the meaning provided | ||||||
24 | under Section 11-0.1 of the Criminal Code of 2012 and | ||||||
25 | includes, without limitation, acts prohibited under | ||||||
26 | Sections 11-1.20 through 11-1.60 of the Criminal Code of |
| |||||||
| |||||||
1 | 2012.
| ||||||
2 | "Sexual assault forensic examiner" means a physician or | ||||||
3 | physician assistant who has completed training that meets or | ||||||
4 | is substantially similar to the Sexual Assault Nurse Examiner | ||||||
5 | Education Guidelines established by the International | ||||||
6 | Association of Forensic Nurses. | ||||||
7 | "Sexual assault nurse examiner" means an advanced practice | ||||||
8 | registered nurse or registered professional nurse who has | ||||||
9 | completed a sexual assault nurse examiner training program | ||||||
10 | that meets the Sexual Assault Nurse Examiner Education | ||||||
11 | Guidelines established by the International Association of | ||||||
12 | Forensic Nurses. | ||||||
13 | "Sexual assault services voucher" means a document | ||||||
14 | generated by a hospital or approved pediatric health care | ||||||
15 | facility at the time the sexual assault survivor receives | ||||||
16 | outpatient medical forensic services that may be used to seek | ||||||
17 | payment for any ambulance services, medical forensic services, | ||||||
18 | laboratory services, pharmacy services, and follow-up | ||||||
19 | healthcare provided as a result of the sexual assault. | ||||||
20 | "Sexual assault survivor" means a person who presents for | ||||||
21 | medical forensic services in relation to injuries or trauma | ||||||
22 | resulting from a sexual assault.
| ||||||
23 | "Sexual assault transfer plan" means a written plan | ||||||
24 | developed by a hospital and approved by the Department, which | ||||||
25 | describes the hospital's procedures for transferring sexual | ||||||
26 | assault survivors to another hospital, and an approved |
| |||||||
| |||||||
1 | pediatric health care facility, if applicable, in order to | ||||||
2 | receive medical forensic services. | ||||||
3 | "Sexual assault treatment plan" means a written plan that | ||||||
4 | describes the procedures and protocols for providing medical | ||||||
5 | forensic services to sexual assault survivors who present | ||||||
6 | themselves for such services, either directly or through | ||||||
7 | transfer from a hospital or an approved pediatric health care | ||||||
8 | facility.
| ||||||
9 | "Transfer hospital" means a hospital with a sexual assault | ||||||
10 | transfer plan approved by the Department. | ||||||
11 | "Transfer services" means the appropriate medical | ||||||
12 | screening examination and necessary stabilizing treatment | ||||||
13 | prior to the transfer of a sexual assault survivor to a | ||||||
14 | hospital or an approved pediatric health care facility that | ||||||
15 | provides medical forensic services to sexual assault survivors | ||||||
16 | pursuant to a sexual assault treatment plan or areawide sexual | ||||||
17 | assault treatment plan.
| ||||||
18 | "Treatment hospital" means a hospital with a sexual | ||||||
19 | assault treatment plan approved by the Department to provide | ||||||
20 | medical forensic services to all sexual assault survivors who | ||||||
21 | present with a complaint of sexual assault within a minimum of | ||||||
22 | the last 7 days or who have disclosed past sexual assault by a | ||||||
23 | specific individual and were in the care of that individual | ||||||
24 | within a minimum of the last 7 days. | ||||||
25 | "Treatment hospital with approved pediatric transfer" | ||||||
26 | means a hospital with a treatment plan approved by the |
| |||||||
| |||||||
1 | Department to provide medical forensic services to sexual | ||||||
2 | assault survivors 13 years old or older who present with a | ||||||
3 | complaint of sexual assault within a minimum of the last 7 days | ||||||
4 | or who have disclosed past sexual assault by a specific | ||||||
5 | individual and were in the care of that individual within a | ||||||
6 | minimum of the last 7 days. | ||||||
7 | (b) This Section is effective on and after January 1, 2024 | ||||||
8 | 2022 . | ||||||
9 | (Source: P.A. 101-81, eff. 7-12-19; 101-634, eff. 6-5-20; | ||||||
10 | 102-22, eff. 6-25-21; 102-538, eff. 8-20-21; 102-674, eff. | ||||||
11 | 11-30-21; revised 12-16-21.)
| ||||||
12 | (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
| ||||||
13 | Sec. 5. Minimum requirements for medical forensic services | ||||||
14 | provided to sexual assault survivors by hospitals and approved | ||||||
15 | pediatric health care facilities.
| ||||||
16 | (a) Every hospital and approved pediatric health care | ||||||
17 | facility providing medical forensic services to
sexual assault | ||||||
18 | survivors under this Act
shall, as minimum requirements for | ||||||
19 | such services, provide, with the consent
of the sexual assault | ||||||
20 | survivor, and as ordered by the attending
physician, an | ||||||
21 | advanced practice registered nurse, or a physician assistant, | ||||||
22 | the services set forth in subsection (a-5).
| ||||||
23 | Beginning January 1, 2023, a qualified medical provider | ||||||
24 | must provide the services set forth in subsection (a-5). | ||||||
25 | (a-5) A treatment hospital, a treatment hospital with |
| |||||||
| |||||||
1 | approved pediatric transfer, or an approved pediatric health | ||||||
2 | care facility shall provide the following services in | ||||||
3 | accordance with subsection (a): | ||||||
4 | (1) Appropriate medical forensic services without | ||||||
5 | delay, in a private, age-appropriate or | ||||||
6 | developmentally-appropriate space, required to ensure the | ||||||
7 | health, safety, and welfare
of a sexual assault survivor | ||||||
8 | and which may be
used as evidence in a criminal proceeding | ||||||
9 | against a person accused of the
sexual assault, in a | ||||||
10 | proceeding under the Juvenile Court Act of 1987, or in an | ||||||
11 | investigation under the Abused and Neglected Child | ||||||
12 | Reporting Act. | ||||||
13 | Records of medical forensic services, including | ||||||
14 | results of examinations and tests, the Illinois State | ||||||
15 | Police Medical Forensic Documentation Forms, the Illinois | ||||||
16 | State Police Patient Discharge Materials, and the Illinois | ||||||
17 | State Police Patient Consent: Collect and Test Evidence or | ||||||
18 | Collect and Hold Evidence Form, shall be maintained by the | ||||||
19 | hospital or approved pediatric health care facility as | ||||||
20 | part of the patient's electronic medical record. | ||||||
21 | Records of medical forensic services of sexual assault | ||||||
22 | survivors under the age of 18 shall be retained by the | ||||||
23 | hospital for a period of 60 years after the sexual assault | ||||||
24 | survivor reaches the age of 18. Records of medical | ||||||
25 | forensic services of sexual assault survivors 18 years of | ||||||
26 | age or older shall be retained by the hospital for a period |
| |||||||
| |||||||
1 | of 20 years after the date the record was created. | ||||||
2 | Records of medical forensic services may only be | ||||||
3 | disseminated in accordance with Section 6.5 of this Act | ||||||
4 | and other State and federal law.
| ||||||
5 | (1.5) An offer to complete the Illinois Sexual Assault | ||||||
6 | Evidence Collection Kit for any sexual assault survivor | ||||||
7 | who presents within a minimum of the last 7 days of the | ||||||
8 | assault or who has disclosed past sexual assault by a | ||||||
9 | specific individual and was in the care of that individual | ||||||
10 | within a minimum of the last 7 days. | ||||||
11 | (A) Appropriate oral and written information | ||||||
12 | concerning evidence-based guidelines for the | ||||||
13 | appropriateness of evidence collection depending on | ||||||
14 | the sexual development of the sexual assault survivor, | ||||||
15 | the type of sexual assault, and the timing of the | ||||||
16 | sexual assault shall be provided to the sexual assault | ||||||
17 | survivor. Evidence collection is encouraged for | ||||||
18 | prepubescent sexual assault survivors who present to a | ||||||
19 | hospital or approved pediatric health care facility | ||||||
20 | with a complaint of sexual assault within a minimum of | ||||||
21 | 96 hours after the sexual assault. | ||||||
22 | Before January 1, 2023, the information required | ||||||
23 | under this subparagraph shall be provided in person by | ||||||
24 | the health care professional providing medical | ||||||
25 | forensic services directly to the sexual assault | ||||||
26 | survivor. |
| |||||||
| |||||||
1 | On and after January 1, 2023, the information | ||||||
2 | required under this subparagraph shall be provided in | ||||||
3 | person by the qualified medical provider providing | ||||||
4 | medical forensic services directly to the sexual | ||||||
5 | assault survivor. | ||||||
6 | The written information provided shall be the | ||||||
7 | information created in accordance with Section 10 of | ||||||
8 | this Act. | ||||||
9 | (B) Following the discussion regarding the | ||||||
10 | evidence-based guidelines for evidence collection in | ||||||
11 | accordance with subparagraph (A), evidence collection | ||||||
12 | must be completed at the sexual assault survivor's | ||||||
13 | request. A sexual assault nurse examiner conducting an | ||||||
14 | examination using the Illinois State Police Sexual | ||||||
15 | Assault Evidence Collection Kit may do so without the | ||||||
16 | presence or participation of a physician. | ||||||
17 | (2) Appropriate oral and written information | ||||||
18 | concerning the possibility
of infection, sexually | ||||||
19 | transmitted infection, including an evaluation of the | ||||||
20 | sexual assault survivor's risk of contracting human | ||||||
21 | immunodeficiency virus (HIV) from sexual assault, and | ||||||
22 | pregnancy
resulting from sexual assault.
| ||||||
23 | (3) Appropriate oral and written information | ||||||
24 | concerning accepted medical
procedures, laboratory tests, | ||||||
25 | medication, and possible contraindications of such | ||||||
26 | medication
available for the prevention or treatment of |
| |||||||
| |||||||
1 | infection or disease resulting
from sexual assault.
| ||||||
2 | (3.5) After a medical evidentiary or physical | ||||||
3 | examination, access to a shower at no cost, unless | ||||||
4 | showering facilities are unavailable. | ||||||
5 | (4) An amount of medication, including HIV | ||||||
6 | prophylaxis, for treatment at the hospital or approved | ||||||
7 | pediatric health care facility and after discharge as is | ||||||
8 | deemed appropriate by the attending physician, an advanced | ||||||
9 | practice registered nurse, or a physician assistant in | ||||||
10 | accordance with the Centers for Disease Control and | ||||||
11 | Prevention guidelines and consistent with the hospital's | ||||||
12 | or approved pediatric health care facility's current | ||||||
13 | approved protocol for sexual assault survivors.
| ||||||
14 | (5) Photo documentation of the sexual assault | ||||||
15 | survivor's injuries, anatomy involved in the assault, or | ||||||
16 | other visible evidence on the sexual assault survivor's | ||||||
17 | body to supplement the medical forensic history and | ||||||
18 | written documentation of physical findings and evidence | ||||||
19 | beginning July 1, 2019. Photo documentation does not | ||||||
20 | replace written documentation of the injury.
| ||||||
21 | (6) Written and oral instructions indicating the need | ||||||
22 | for follow-up examinations and laboratory tests after the | ||||||
23 | sexual assault to determine the presence or absence of
| ||||||
24 | sexually transmitted infection.
| ||||||
25 | (7) Referral by hospital or approved pediatric health | ||||||
26 | care facility personnel for appropriate counseling.
|
| |||||||
| |||||||
1 | (8) Medical advocacy services provided by a rape | ||||||
2 | crisis counselor whose communications are protected under | ||||||
3 | Section 8-802.1 of the Code of Civil Procedure, if there | ||||||
4 | is a memorandum of understanding between the hospital or | ||||||
5 | approved pediatric health care facility and a rape crisis | ||||||
6 | center. With the consent of the sexual assault survivor, a | ||||||
7 | rape crisis counselor shall remain in the exam room during | ||||||
8 | the medical forensic examination.
| ||||||
9 | (9) Written information regarding services provided by | ||||||
10 | a Children's Advocacy Center and rape crisis center, if | ||||||
11 | applicable. | ||||||
12 | (10) A treatment hospital, a treatment hospital with | ||||||
13 | approved pediatric transfer, an out-of-state hospital as | ||||||
14 | defined in Section 5.4, or an approved pediatric health | ||||||
15 | care facility shall comply with the rules relating to the | ||||||
16 | collection and tracking of sexual assault evidence adopted | ||||||
17 | by the Illinois State Police under Section 50 of the | ||||||
18 | Sexual Assault Evidence Submission Act. | ||||||
19 | (11) Written information regarding the Illinois State | ||||||
20 | Police sexual assault evidence tracking system. | ||||||
21 | (a-7) By January 1, 2023, every hospital with a treatment | ||||||
22 | plan approved by the Department shall employ or contract with | ||||||
23 | a qualified medical provider to initiate medical forensic | ||||||
24 | services to a sexual assault survivor within 90 minutes of the | ||||||
25 | patient presenting to the treatment hospital or treatment | ||||||
26 | hospital with approved pediatric transfer. The provision of |
| |||||||
| |||||||
1 | medical forensic services by a qualified medical provider | ||||||
2 | shall not delay the provision of life-saving medical care. | ||||||
3 | (b) Any person who is a sexual assault survivor who seeks | ||||||
4 | medical forensic services or follow-up healthcare
under this | ||||||
5 | Act shall be provided such services without the consent
of any | ||||||
6 | parent, guardian, custodian, surrogate, or agent. If a sexual | ||||||
7 | assault survivor is unable to consent to medical forensic | ||||||
8 | services, the services may be provided under the Consent by | ||||||
9 | Minors to Health Care Services Medical Procedures Act, the | ||||||
10 | Health Care Surrogate Act, or other applicable State and | ||||||
11 | federal laws.
| ||||||
12 | (b-5) Every hospital or approved pediatric health care | ||||||
13 | facility providing medical forensic services to sexual assault | ||||||
14 | survivors shall issue a voucher to any sexual assault survivor | ||||||
15 | who is eligible to receive one in accordance with Section 5.2 | ||||||
16 | of this Act. The hospital shall make a copy of the voucher and | ||||||
17 | place it in the medical record of the sexual assault survivor. | ||||||
18 | The hospital shall provide a copy of the voucher to the sexual | ||||||
19 | assault survivor after discharge upon request. | ||||||
20 | (c) Nothing in this Section creates a physician-patient | ||||||
21 | relationship that extends beyond discharge from the hospital | ||||||
22 | or approved pediatric health care facility.
| ||||||
23 | (d) This Section is effective on and after January 1, 2024 | ||||||
24 | 2022 . | ||||||
25 | (Source: P.A. 101-81, eff. 7-12-19; 101-377, eff. 8-16-19; | ||||||
26 | 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-538, eff. |
| |||||||
| |||||||
1 | 8-20-21; 102-674, eff. 11-30-21; revised 12-16-21.)
| ||||||
2 | (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
| ||||||
3 | Sec. 6.4. Sexual assault evidence collection program.
| ||||||
4 | (a) There is created a statewide sexual assault evidence | ||||||
5 | collection program
to facilitate the prosecution of persons | ||||||
6 | accused of sexual assault. This
program shall be administered | ||||||
7 | by the Illinois
State Police. The program shall
consist of the | ||||||
8 | following: (1) distribution of sexual assault evidence
| ||||||
9 | collection kits which have been approved by the Illinois
State | ||||||
10 | Police to hospitals and approved pediatric health care | ||||||
11 | facilities that request them, or arranging for
such | ||||||
12 | distribution by the manufacturer of the kits, (2) collection | ||||||
13 | of the kits
from hospitals and approved pediatric health care | ||||||
14 | facilities after the kits have been used to collect
evidence, | ||||||
15 | (3) analysis of the collected evidence and conducting of | ||||||
16 | laboratory
tests, (4) maintaining the chain of custody and | ||||||
17 | safekeeping of the evidence
for use in a legal proceeding, and | ||||||
18 | (5) the comparison of the collected evidence with the genetic | ||||||
19 | marker grouping analysis information maintained by the | ||||||
20 | Illinois State Police under Section 5-4-3 of the Unified Code | ||||||
21 | of Corrections and with the information contained in the | ||||||
22 | Federal Bureau of Investigation's National DNA database; | ||||||
23 | provided the amount and quality of genetic marker grouping | ||||||
24 | results obtained from the evidence in the sexual assault case | ||||||
25 | meets the requirements of both the Illinois State Police and |
| |||||||
| |||||||
1 | the Federal Bureau of Investigation's Combined DNA Index | ||||||
2 | System (CODIS) policies. The standardized evidence collection | ||||||
3 | kit for
the State of Illinois shall be the Illinois State | ||||||
4 | Police Sexual Assault Evidence Kit and shall include a written | ||||||
5 | consent form authorizing law enforcement to test the sexual | ||||||
6 | assault evidence and to provide law enforcement with details | ||||||
7 | of the sexual assault.
| ||||||
8 | (a-5) (Blank).
| ||||||
9 | (b) The Illinois State Police shall administer a program | ||||||
10 | to train hospital and approved pediatric health care facility | ||||||
11 | personnel participating in the sexual assault evidence | ||||||
12 | collection
program, in the correct use and application of the | ||||||
13 | sexual assault evidence
collection kits. The Department
shall
| ||||||
14 | cooperate with the Illinois State Police in this
program as it | ||||||
15 | pertains to medical aspects of the evidence collection.
| ||||||
16 | (c) (Blank).
| ||||||
17 | (d) This Section is effective on and after January 1, 2024 | ||||||
18 | 2022 . | ||||||
19 | (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; | ||||||
20 | 102-538, eff. 8-20-21; 102-674, eff. 11-30-21; revised | ||||||
21 | 12-16-21.)
| ||||||
22 | Section 535. The Compassionate Use of Medical Cannabis | ||||||
23 | Program Act is amended by changing Sections 100 and 145 as | ||||||
24 | follows: |
| |||||||
| |||||||
1 | (410 ILCS 130/100)
| ||||||
2 | Sec. 100. Cultivation center agent identification card. | ||||||
3 | (a) The Department of Agriculture shall:
| ||||||
4 | (1) verify the information contained in an application | ||||||
5 | or renewal for a cultivation center identification card | ||||||
6 | submitted under this Act, and approve or deny an | ||||||
7 | application or renewal, within 30 days of receiving a | ||||||
8 | completed application or renewal application and all | ||||||
9 | supporting documentation required by rule;
| ||||||
10 | (2) issue a cultivation center agent identification | ||||||
11 | card to a qualifying agent within 15 business days of | ||||||
12 | approving the application or renewal;
| ||||||
13 | (3) enter the registry identification number of the | ||||||
14 | cultivation center where the agent works; and
| ||||||
15 | (4) allow for an electronic application process, and | ||||||
16 | provide a confirmation by electronic or other methods that | ||||||
17 | an application has been submitted.
| ||||||
18 | (b) A cultivation center agent must keep his or her | ||||||
19 | identification card visible at all times when on the property | ||||||
20 | of a cultivation center and during the transportation of | ||||||
21 | medical cannabis to a registered dispensary organization.
| ||||||
22 | (c) The cultivation center agent identification cards | ||||||
23 | shall contain the following:
| ||||||
24 | (1) the name of the cardholder;
| ||||||
25 | (2) the date of issuance and expiration date of | ||||||
26 | cultivation center agent identification cards;
|
| |||||||
| |||||||
1 | (3) a random 10-digit 10 digit alphanumeric | ||||||
2 | identification number containing at least 4 numbers and at | ||||||
3 | least 4 letters ; that is unique to the holder; and
| ||||||
4 | (4) a photograph of the cardholder.
| ||||||
5 | (d) The cultivation center agent identification cards | ||||||
6 | shall be immediately returned to the cultivation center upon | ||||||
7 | termination of employment.
| ||||||
8 | (e) Any card lost by a cultivation center agent shall be | ||||||
9 | reported to the Illinois State Police and the Department of | ||||||
10 | Agriculture immediately upon discovery of the loss.
| ||||||
11 | (f) An applicant shall be denied a cultivation center | ||||||
12 | agent identification card if he or she has been convicted of an | ||||||
13 | excluded offense.
| ||||||
14 | (g) An agent applicant may begin employment at a | ||||||
15 | cultivation center while the agent applicant's identification | ||||||
16 | card application is pending. Upon approval, the Department | ||||||
17 | shall issue the agent's identification card to the agent. If | ||||||
18 | denied, the cultivation center and the agent applicant shall | ||||||
19 | be notified and the agent applicant must cease all activity at | ||||||
20 | the cultivation center immediately.
| ||||||
21 | (Source: P.A. 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; | ||||||
22 | revised 10-14-21.) | ||||||
23 | (410 ILCS 130/145)
| ||||||
24 | Sec. 145. Confidentiality. | ||||||
25 | (a) The following information received and records kept by |
| |||||||
| |||||||
1 | the
Department of Public Health, Department of Financial and | ||||||
2 | Professional Regulation, Department of Agriculture, or | ||||||
3 | Illinois State Police for purposes of administering this Act | ||||||
4 | are subject to all applicable federal privacy laws, | ||||||
5 | confidential, and exempt from the Freedom of Information Act, | ||||||
6 | and not subject to disclosure to any individual or public or | ||||||
7 | private entity, except as necessary for authorized employees | ||||||
8 | of those authorized agencies to perform official duties under | ||||||
9 | this Act and the following information received and records | ||||||
10 | kept by Department of Public Health, Department of | ||||||
11 | Agriculture, Department of Financial and Professional | ||||||
12 | Regulation, and Illinois State Police, excluding any existing | ||||||
13 | or non-existing Illinois or national criminal history record | ||||||
14 | information as defined in subsection (d), may be disclosed to | ||||||
15 | each other upon request:
| ||||||
16 | (1) Applications and renewals, their contents, and | ||||||
17 | supporting information submitted by qualifying patients | ||||||
18 | and designated caregivers, including information regarding | ||||||
19 | their designated caregivers and certifying health care | ||||||
20 | professionals.
| ||||||
21 | (2) Applications and renewals, their contents, and | ||||||
22 | supporting information submitted by or on behalf of | ||||||
23 | cultivation centers and dispensing organizations in | ||||||
24 | compliance with this Act, including their physical | ||||||
25 | addresses. This does not preclude the release of ownership | ||||||
26 | information of cannabis business establishment licenses.
|
| |||||||
| |||||||
1 | (3) The individual names and other information | ||||||
2 | identifying persons to whom the Department of Public | ||||||
3 | Health has issued registry identification cards.
| ||||||
4 | (4) Any dispensing information required to be kept | ||||||
5 | under Section 135, Section 150, or Department of Public | ||||||
6 | Health, Department of Agriculture, or Department of | ||||||
7 | Financial and Professional Regulation rules shall identify | ||||||
8 | cardholders and registered cultivation centers by their | ||||||
9 | registry identification numbers and medical cannabis | ||||||
10 | dispensing organizations by their registration number and | ||||||
11 | not contain names or other personally identifying | ||||||
12 | information.
| ||||||
13 | (5) All medical records provided to the Department of | ||||||
14 | Public Health in connection with an application for a | ||||||
15 | registry card.
| ||||||
16 | (b) Nothing in this Section precludes the following:
| ||||||
17 | (1) Department of Agriculture, Department of Financial | ||||||
18 | and Professional Regulation, or Public Health employees | ||||||
19 | may notify law enforcement about falsified or fraudulent | ||||||
20 | information submitted to the Departments if the employee | ||||||
21 | who suspects that falsified or fraudulent information has | ||||||
22 | been submitted conferred with his or her supervisor and | ||||||
23 | both agree that circumstances exist that warrant | ||||||
24 | reporting.
| ||||||
25 | (2) If the employee conferred with his or her | ||||||
26 | supervisor and both agree that circumstances exist that |
| |||||||
| |||||||
1 | warrant reporting, Department of Public Health employees | ||||||
2 | may notify the Department of Financial and Professional | ||||||
3 | Regulation if there is reasonable cause to believe a | ||||||
4 | certifying health care professional:
| ||||||
5 | (A) issued a written certification without a bona | ||||||
6 | fide health care professional-patient relationship | ||||||
7 | under this Act;
| ||||||
8 | (B) issued a written certification to a person who | ||||||
9 | was not under the certifying health care | ||||||
10 | professional's care for the debilitating medical | ||||||
11 | condition; or
| ||||||
12 | (C) failed to abide by the acceptable and | ||||||
13 | prevailing standard of care when evaluating a | ||||||
14 | patient's medical condition.
| ||||||
15 | (3) The Department of Public Health, Department of | ||||||
16 | Agriculture, and Department of Financial and Professional | ||||||
17 | Regulation may notify State or local law enforcement about | ||||||
18 | apparent criminal violations of this Act if the employee | ||||||
19 | who suspects the offense has conferred with his or her | ||||||
20 | supervisor and both agree that circumstances exist that | ||||||
21 | warrant reporting.
| ||||||
22 | (4) Medical cannabis cultivation center agents and | ||||||
23 | medical cannabis dispensing organizations may notify the | ||||||
24 | Department of Public Health, Department of Financial and | ||||||
25 | Professional Regulation, or Department of Agriculture of a | ||||||
26 | suspected violation or attempted violation of this Act or |
| |||||||
| |||||||
1 | the rules issued under it.
| ||||||
2 | (5) Each Department may verify registry identification | ||||||
3 | cards under Section 150.
| ||||||
4 | (6) The submission of the report to the General | ||||||
5 | Assembly under Section 160.
| ||||||
6 | (b-5) Each Department responsible for licensure under this | ||||||
7 | Act shall publish on the Department's website a list of the | ||||||
8 | ownership information of cannabis business establishment | ||||||
9 | licensees under the Department's jurisdiction. The list shall | ||||||
10 | include, but shall not be limited to, the name of the person or | ||||||
11 | entity holding each cannabis business establishment license | ||||||
12 | and the address at which the entity is operating under this | ||||||
13 | Act. This list shall be published and updated monthly. | ||||||
14 | (c) Except for any ownership information released pursuant | ||||||
15 | to subsection (b-5) or as otherwise authorized or required by | ||||||
16 | law, it is a Class B misdemeanor with a $1,000 fine for any | ||||||
17 | person, including an employee or official of the Department of | ||||||
18 | Public Health, Department of Financial and Professional | ||||||
19 | Regulation, or Department of Agriculture or another State | ||||||
20 | agency or local government, to breach the confidentiality of | ||||||
21 | information obtained under this Act.
| ||||||
22 | (d) The Department of Public Health, the Department of | ||||||
23 | Agriculture, the Illinois State Police, and the Department of | ||||||
24 | Financial and Professional Regulation shall not share or | ||||||
25 | disclose any existing or non-existing Illinois or national | ||||||
26 | criminal history record information. For the purposes of this |
| |||||||
| |||||||
1 | Section, "any existing or non-existing Illinois or national | ||||||
2 | criminal history record information" means any Illinois or | ||||||
3 | national criminal history record information, including but | ||||||
4 | not limited to the lack of or non-existence of these records. | ||||||
5 | (Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21; | ||||||
6 | 102-538, eff. 8-20-21; revised 10-12-21.) | ||||||
7 | Section 540. The Cannabis Regulation and Tax Act is | ||||||
8 | amended by changing Sections 1-10, 15-25, 15-30, 15-40, | ||||||
9 | 15-135, 20-30, 25-30, 25-35, 30-30, 35-25, 35-30, 40-25, | ||||||
10 | 40-30, and 55-30 as follows: | ||||||
11 | (410 ILCS 705/1-10)
| ||||||
12 | Sec. 1-10. Definitions. In this Act: | ||||||
13 | "Adult Use Cultivation Center License" means a license | ||||||
14 | issued by the Department of Agriculture that permits a person | ||||||
15 | to act as a cultivation center under this Act and any | ||||||
16 | administrative rule made in furtherance of this Act. | ||||||
17 | "Adult Use Dispensing Organization License" means a | ||||||
18 | license issued by the Department of Financial and Professional | ||||||
19 | Regulation that permits a person to act as a dispensing | ||||||
20 | organization under this Act and any administrative rule made | ||||||
21 | in furtherance of this Act. | ||||||
22 | "Advertise" means to engage in promotional activities | ||||||
23 | including, but not limited to: newspaper, radio, Internet and | ||||||
24 | electronic media, and television advertising; the distribution |
| |||||||
| |||||||
1 | of fliers and circulars; billboard advertising; and the | ||||||
2 | display of window and interior signs. "Advertise" does not | ||||||
3 | mean exterior signage displaying only the name of the licensed | ||||||
4 | cannabis business establishment. | ||||||
5 | "Application points" means the number of points a | ||||||
6 | Dispensary Applicant receives on an application for a | ||||||
7 | Conditional Adult Use Dispensing Organization License. | ||||||
8 | "BLS Region" means a region in Illinois used by the United | ||||||
9 | States Bureau of Labor Statistics to gather and categorize | ||||||
10 | certain employment and wage data. The 17 such regions in | ||||||
11 | Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion, | ||||||
12 | Champaign-Urbana, Chicago-Naperville-Elgin, Danville, | ||||||
13 | Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria, | ||||||
14 | Rockford, St. Louis, Springfield, Northwest Illinois | ||||||
15 | nonmetropolitan area, West Central Illinois nonmetropolitan | ||||||
16 | area, East Central Illinois nonmetropolitan area, and South | ||||||
17 | Illinois nonmetropolitan area. | ||||||
18 | "By lot" means a randomized method of choosing between 2 | ||||||
19 | or more Eligible Tied Applicants or 2 or more Qualifying | ||||||
20 | Applicants. | ||||||
21 | "Cannabis" means marijuana, hashish, and other substances | ||||||
22 | that are identified as including any parts of the plant | ||||||
23 | Cannabis sativa and including derivatives or subspecies, such | ||||||
24 | as indica, of all strains of cannabis, whether growing or not; | ||||||
25 | the seeds thereof, the resin extracted from any part of the | ||||||
26 | plant; and any compound, manufacture, salt, derivative, |
| |||||||
| |||||||
1 | mixture, or preparation of the plant, its seeds, or resin, | ||||||
2 | including tetrahydrocannabinol (THC) and all other naturally | ||||||
3 | produced cannabinol derivatives, whether produced directly or | ||||||
4 | indirectly by extraction; however, "cannabis" does not include | ||||||
5 | the mature stalks of the plant, fiber produced from the | ||||||
6 | stalks, oil or cake made from the seeds of the plant, any other | ||||||
7 | compound, manufacture, salt, derivative, mixture, or | ||||||
8 | preparation of the mature stalks (except the resin extracted | ||||||
9 | from it), fiber, oil or cake, or the sterilized seed of the | ||||||
10 | plant that is incapable of germination. "Cannabis" does not | ||||||
11 | include industrial hemp as defined and authorized under the | ||||||
12 | Industrial Hemp Act. "Cannabis" also means cannabis flower, | ||||||
13 | concentrate, and cannabis-infused products. | ||||||
14 | "Cannabis business establishment" means a cultivation | ||||||
15 | center, craft grower, processing organization, infuser | ||||||
16 | organization, dispensing organization, or transporting | ||||||
17 | organization. | ||||||
18 | "Cannabis concentrate" means a product derived from | ||||||
19 | cannabis that is produced by extracting cannabinoids, | ||||||
20 | including tetrahydrocannabinol (THC), from the plant through | ||||||
21 | the use of propylene glycol, glycerin, butter, olive oil , or | ||||||
22 | other typical cooking fats; water, ice, or dry ice; or butane, | ||||||
23 | propane, CO 2 , ethanol, or isopropanol and with the intended | ||||||
24 | use of smoking or making a cannabis-infused product. The use | ||||||
25 | of any other solvent is expressly prohibited unless and until | ||||||
26 | it is approved by the Department of Agriculture. |
| |||||||
| |||||||
1 | "Cannabis container" means a sealed or resealable, | ||||||
2 | traceable, container, or package used for the purpose of | ||||||
3 | containment of cannabis or cannabis-infused product during | ||||||
4 | transportation. | ||||||
5 | "Cannabis flower" means marijuana, hashish, and other | ||||||
6 | substances that are identified as including any parts of the | ||||||
7 | plant Cannabis sativa and including derivatives or subspecies, | ||||||
8 | such as indica, of all strains of cannabis; including raw | ||||||
9 | kief, leaves, and buds, but not resin that has been extracted | ||||||
10 | from any part of such plant; nor any compound, manufacture, | ||||||
11 | salt, derivative, mixture, or preparation of such plant, its | ||||||
12 | seeds, or resin. | ||||||
13 | "Cannabis-infused product" means a beverage, food, oil, | ||||||
14 | ointment, tincture, topical formulation, or another product | ||||||
15 | containing cannabis or cannabis concentrate that is not | ||||||
16 | intended to be smoked. | ||||||
17 | "Cannabis paraphernalia" means equipment, products, or | ||||||
18 | materials intended to be used for planting, propagating, | ||||||
19 | cultivating, growing, harvesting, manufacturing, producing, | ||||||
20 | processing, preparing, testing, analyzing, packaging, | ||||||
21 | repackaging, storing, containing, concealing, ingesting, or | ||||||
22 | otherwise introducing cannabis into the human body. | ||||||
23 | "Cannabis plant monitoring system" or "plant monitoring | ||||||
24 | system" means a system that includes, but is not limited to, | ||||||
25 | testing and data collection established and maintained by the | ||||||
26 | cultivation center, craft grower, or processing organization |
| |||||||
| |||||||
1 | and that is available to the Department of Revenue, the | ||||||
2 | Department of Agriculture, the Department of Financial and | ||||||
3 | Professional Regulation, and the Illinois State Police for the | ||||||
4 | purposes of documenting each cannabis plant and monitoring | ||||||
5 | plant development throughout the life cycle of a cannabis | ||||||
6 | plant cultivated for the intended use by a customer from seed | ||||||
7 | planting to final packaging. | ||||||
8 | "Cannabis testing facility" means an entity registered by | ||||||
9 | the Department of Agriculture to test cannabis for potency and | ||||||
10 | contaminants. | ||||||
11 | "Clone" means a plant section from a female cannabis plant | ||||||
12 | not yet rootbound, growing in a water solution or other | ||||||
13 | propagation matrix, that is capable of developing into a new | ||||||
14 | plant. | ||||||
15 | "Community College Cannabis Vocational Training Pilot | ||||||
16 | Program faculty participant" means a person who is 21 years of | ||||||
17 | age or older, licensed by the Department of Agriculture, and | ||||||
18 | is employed or contracted by an Illinois community college to | ||||||
19 | provide student instruction using cannabis plants at an | ||||||
20 | Illinois Community College. | ||||||
21 | "Community College Cannabis Vocational Training Pilot | ||||||
22 | Program faculty participant Agent Identification Card" means a | ||||||
23 | document issued by the Department of Agriculture that | ||||||
24 | identifies a person as a Community College Cannabis Vocational | ||||||
25 | Training Pilot Program faculty participant. | ||||||
26 | "Conditional Adult Use Dispensing Organization License" |
| |||||||
| |||||||
1 | means a contingent license awarded to applicants for an Adult | ||||||
2 | Use Dispensing Organization License that reserves the right to | ||||||
3 | an Adult Use Dispensing Organization License if the applicant | ||||||
4 | meets certain conditions described in this Act, but does not | ||||||
5 | entitle the recipient to begin purchasing or selling cannabis | ||||||
6 | or cannabis-infused products. | ||||||
7 | "Conditional Adult Use Cultivation Center License" means a | ||||||
8 | license awarded to top-scoring applicants for an Adult Use | ||||||
9 | Cultivation Center License that reserves the right to an Adult | ||||||
10 | Use Cultivation Center License if the applicant meets certain | ||||||
11 | conditions as determined by the Department of Agriculture by | ||||||
12 | rule, but does not entitle the recipient to begin growing, | ||||||
13 | processing, or selling cannabis or cannabis-infused products. | ||||||
14 | "Craft grower" means a facility operated by an | ||||||
15 | organization or business that is licensed by the Department of | ||||||
16 | Agriculture to cultivate, dry, cure, and package cannabis and | ||||||
17 | perform other necessary activities to make cannabis available | ||||||
18 | for sale at a dispensing organization or use at a processing | ||||||
19 | organization. A craft grower may contain up to 5,000 square | ||||||
20 | feet of canopy space on its premises for plants in the | ||||||
21 | flowering state. The Department of Agriculture may authorize | ||||||
22 | an increase or decrease of flowering stage cultivation space | ||||||
23 | in increments of 3,000 square feet by rule based on market | ||||||
24 | need, craft grower capacity, and the licensee's history of | ||||||
25 | compliance or noncompliance, with a maximum space of 14,000 | ||||||
26 | square feet for cultivating plants in the flowering stage, |
| |||||||
| |||||||
1 | which must be cultivated in all stages of growth in an enclosed | ||||||
2 | and secure area. A craft grower may share premises with a | ||||||
3 | processing organization or a dispensing organization, or both, | ||||||
4 | provided each licensee stores currency and cannabis or | ||||||
5 | cannabis-infused products in a separate secured vault to which | ||||||
6 | the other licensee does not have access or all licensees | ||||||
7 | sharing a vault share more than 50% of the same ownership. | ||||||
8 | "Craft grower agent" means a principal officer, board | ||||||
9 | member, employee, or other agent of a craft grower who is 21 | ||||||
10 | years of age or older. | ||||||
11 | "Craft Grower Agent Identification Card" means a document | ||||||
12 | issued by the Department of Agriculture that identifies a | ||||||
13 | person as a craft grower agent. | ||||||
14 | "Cultivation center" means a facility operated by an | ||||||
15 | organization or business that is licensed by the Department of | ||||||
16 | Agriculture to cultivate, process, transport (unless otherwise | ||||||
17 | limited by this Act), and perform other necessary activities | ||||||
18 | to provide cannabis and cannabis-infused products to cannabis | ||||||
19 | business establishments. | ||||||
20 | "Cultivation center agent" means a principal officer, | ||||||
21 | board member, employee, or other agent of a cultivation center | ||||||
22 | who is 21 years of age or older. | ||||||
23 | "Cultivation Center Agent Identification Card" means a | ||||||
24 | document issued by the Department of Agriculture that | ||||||
25 | identifies a person as a cultivation center agent. | ||||||
26 | "Currency" means currency and coin of the United States. |
| |||||||
| |||||||
1 | "Dispensary" means a facility operated by a dispensing | ||||||
2 | organization at which activities licensed by this Act may | ||||||
3 | occur. | ||||||
4 | "Dispensary Applicant" means the Proposed Dispensing | ||||||
5 | Organization Name as stated on an application for a | ||||||
6 | Conditional Adult Use Dispensing Organization License. | ||||||
7 | "Dispensing organization" means a facility operated by an | ||||||
8 | organization or business that is licensed by the Department of | ||||||
9 | Financial and Professional Regulation to acquire cannabis from | ||||||
10 | a cultivation center, craft grower, processing organization, | ||||||
11 | or another dispensary for the purpose of selling or dispensing | ||||||
12 | cannabis, cannabis-infused products, cannabis seeds, | ||||||
13 | paraphernalia, or related supplies under this Act to | ||||||
14 | purchasers or to qualified registered medical cannabis | ||||||
15 | patients and caregivers. As used in this Act, "dispensing | ||||||
16 | organization" includes a registered medical cannabis | ||||||
17 | organization as defined in the Compassionate Use of Medical | ||||||
18 | Cannabis Program Act or its successor Act that has obtained an | ||||||
19 | Early Approval Adult Use Dispensing Organization License. | ||||||
20 | "Dispensing organization agent" means a principal officer, | ||||||
21 | employee, or agent of a dispensing organization who is 21 | ||||||
22 | years of age or older. | ||||||
23 | "Dispensing organization agent identification card" means | ||||||
24 | a document issued by the Department of Financial and | ||||||
25 | Professional Regulation that identifies a person as a | ||||||
26 | dispensing organization agent. |
| |||||||
| |||||||
1 | "Disproportionately Impacted Area" means a census tract or | ||||||
2 | comparable geographic area that satisfies the following | ||||||
3 | criteria as determined by the Department of Commerce and | ||||||
4 | Economic Opportunity, that: | ||||||
5 | (1) meets at least one of the following criteria: | ||||||
6 | (A) the area has a poverty rate of at least 20% | ||||||
7 | according to the latest federal decennial census; or | ||||||
8 | (B) 75% or more of the children in the area | ||||||
9 | participate in the federal free lunch program | ||||||
10 | according to reported statistics from the State Board | ||||||
11 | of Education; or | ||||||
12 | (C) at least 20% of the households in the area | ||||||
13 | receive assistance under the Supplemental Nutrition | ||||||
14 | Assistance Program; or | ||||||
15 | (D) the area has an average unemployment rate, as | ||||||
16 | determined by the Illinois Department of Employment | ||||||
17 | Security, that is more than 120% of the national | ||||||
18 | unemployment average, as determined by the United | ||||||
19 | States Department of Labor, for a period of at least 2 | ||||||
20 | consecutive calendar years preceding the date of the | ||||||
21 | application; and | ||||||
22 | (2) has high rates of arrest, conviction, and | ||||||
23 | incarceration related to the sale, possession, use, | ||||||
24 | cultivation, manufacture, or transport of cannabis. | ||||||
25 | "Early Approval Adult Use Cultivation Center License" | ||||||
26 | means a license that permits a medical cannabis cultivation |
| |||||||
| |||||||
1 | center licensed under the Compassionate Use of Medical | ||||||
2 | Cannabis Program Act as of the effective date of this Act to | ||||||
3 | begin cultivating, infusing, packaging, transporting (unless | ||||||
4 | otherwise provided in this Act), processing , and selling | ||||||
5 | cannabis or cannabis-infused product to cannabis business | ||||||
6 | establishments for resale to purchasers as permitted by this | ||||||
7 | Act as of January 1, 2020. | ||||||
8 | "Early Approval Adult Use Dispensing Organization License" | ||||||
9 | means a license that permits a medical cannabis dispensing | ||||||
10 | organization licensed under the Compassionate Use of Medical | ||||||
11 | Cannabis Program Act as of the effective date of this Act to | ||||||
12 | begin selling cannabis or cannabis-infused product to | ||||||
13 | purchasers as permitted by this Act as of January 1, 2020. | ||||||
14 | "Early Approval Adult Use Dispensing Organization at a | ||||||
15 | secondary site" means a license that permits a medical | ||||||
16 | cannabis dispensing organization licensed under the | ||||||
17 | Compassionate Use of Medical Cannabis Program Act as of the | ||||||
18 | effective date of this Act to begin selling cannabis or | ||||||
19 | cannabis-infused product to purchasers as permitted by this | ||||||
20 | Act on January 1, 2020 at a different dispensary location from | ||||||
21 | its existing registered medical dispensary location. | ||||||
22 | "Eligible Tied Applicant" means a Tied Applicant that is | ||||||
23 | eligible to participate in the process by which a remaining | ||||||
24 | available license is distributed by lot pursuant to a Tied | ||||||
25 | Applicant Lottery. | ||||||
26 | "Enclosed, locked facility" means a room, greenhouse, |
| |||||||
| |||||||
1 | building, or other enclosed area equipped with locks or other | ||||||
2 | security devices that permit access only by cannabis business | ||||||
3 | establishment agents working for the licensed cannabis | ||||||
4 | business establishment or acting pursuant to this Act to | ||||||
5 | cultivate, process, store, or distribute cannabis. | ||||||
6 | "Enclosed, locked space" means a closet, room, greenhouse, | ||||||
7 | building , or other enclosed area equipped with locks or other | ||||||
8 | security devices that permit access only by authorized | ||||||
9 | individuals under this Act. "Enclosed, locked space" may | ||||||
10 | include: | ||||||
11 | (1) a space within a residential building that (i) is | ||||||
12 | the primary residence of the individual cultivating 5 or | ||||||
13 | fewer cannabis plants that are more than 5 inches tall and | ||||||
14 | (ii) includes sleeping quarters and indoor plumbing. The | ||||||
15 | space must only be accessible by a key or code that is | ||||||
16 | different from any key or code that can be used to access | ||||||
17 | the residential building from the exterior; or | ||||||
18 | (2) a structure, such as a shed or greenhouse, that | ||||||
19 | lies on the same plot of land as a residential building | ||||||
20 | that (i) includes sleeping quarters and indoor plumbing | ||||||
21 | and (ii) is used as a primary residence by the person | ||||||
22 | cultivating 5 or fewer cannabis plants that are more than | ||||||
23 | 5 inches tall, such as a shed or greenhouse. The structure | ||||||
24 | must remain locked when it is unoccupied by people. | ||||||
25 | "Financial institution" has the same meaning as "financial | ||||||
26 | organization" as defined in Section 1501 of the Illinois |
| |||||||
| |||||||
1 | Income Tax Act, and also includes the holding companies, | ||||||
2 | subsidiaries, and affiliates of such financial organizations. | ||||||
3 | "Flowering stage" means the stage of cultivation where and | ||||||
4 | when a cannabis plant is cultivated to produce plant material | ||||||
5 | for cannabis products. This includes mature plants as follows: | ||||||
6 | (1) if greater than 2 stigmas are visible at each | ||||||
7 | internode of the plant; or | ||||||
8 | (2) if the cannabis plant is in an area that has been | ||||||
9 | intentionally deprived of light for a period of time | ||||||
10 | intended to produce flower buds and induce maturation, | ||||||
11 | from the moment the light deprivation began through the | ||||||
12 | remainder of the marijuana plant growth cycle. | ||||||
13 | "Individual" means a natural person. | ||||||
14 | "Infuser organization" or "infuser" means a facility | ||||||
15 | operated by an organization or business that is licensed by | ||||||
16 | the Department of Agriculture to directly incorporate cannabis | ||||||
17 | or cannabis concentrate into a product formulation to produce | ||||||
18 | a cannabis-infused product. | ||||||
19 | "Kief" means the resinous crystal-like trichomes that are | ||||||
20 | found on cannabis and that are accumulated, resulting in a | ||||||
21 | higher concentration of cannabinoids, untreated by heat or | ||||||
22 | pressure, or extracted using a solvent. | ||||||
23 | "Labor peace agreement" means an agreement between a | ||||||
24 | cannabis business establishment and any labor organization | ||||||
25 | recognized under the National Labor Relations Act, referred to | ||||||
26 | in this Act as a bona fide labor organization, that prohibits |
| |||||||
| |||||||
1 | labor organizations and members from engaging in picketing, | ||||||
2 | work stoppages, boycotts, and any other economic interference | ||||||
3 | with the cannabis business establishment. This agreement means | ||||||
4 | that the cannabis business establishment has agreed not to | ||||||
5 | disrupt efforts by the bona fide labor organization to | ||||||
6 | communicate with, and attempt to organize and represent, the | ||||||
7 | cannabis business establishment's employees. The agreement | ||||||
8 | shall provide a bona fide labor organization access at | ||||||
9 | reasonable times to areas in which the cannabis business | ||||||
10 | establishment's employees work, for the purpose of meeting | ||||||
11 | with employees to discuss their right to representation, | ||||||
12 | employment rights under State law, and terms and conditions of | ||||||
13 | employment. This type of agreement shall not mandate a | ||||||
14 | particular method of election or certification of the bona | ||||||
15 | fide labor organization. | ||||||
16 | "Limited access area" means a room or other area under the | ||||||
17 | control of a cannabis dispensing organization licensed under | ||||||
18 | this Act and upon the licensed premises where cannabis sales | ||||||
19 | occur with access limited to purchasers, dispensing | ||||||
20 | organization owners and other dispensing organization agents, | ||||||
21 | or service professionals conducting business with the | ||||||
22 | dispensing organization, or, if sales to registered qualifying | ||||||
23 | patients, caregivers, provisional patients, and Opioid | ||||||
24 | Alternative Pilot Program participants licensed pursuant to | ||||||
25 | the Compassionate Use of Medical Cannabis Program Act are also | ||||||
26 | permitted at the dispensary, registered qualifying patients, |
| |||||||
| |||||||
1 | caregivers, provisional patients, and Opioid Alternative Pilot | ||||||
2 | Program participants. | ||||||
3 | "Member of an impacted family" means an individual who has | ||||||
4 | a parent, legal guardian, child, spouse, or dependent, or was | ||||||
5 | a dependent of an individual who, prior to the effective date | ||||||
6 | of this Act, was arrested for, convicted of, or adjudicated | ||||||
7 | delinquent for any offense that is eligible for expungement | ||||||
8 | under this Act. | ||||||
9 | "Mother plant" means a cannabis plant that is cultivated | ||||||
10 | or maintained for the purpose of generating clones, and that | ||||||
11 | will not be used to produce plant material for sale to an | ||||||
12 | infuser or dispensing organization. | ||||||
13 | "Ordinary public view" means within the sight line with | ||||||
14 | normal visual range of a person, unassisted by visual aids, | ||||||
15 | from a public street or sidewalk adjacent to real property, or | ||||||
16 | from within an adjacent property. | ||||||
17 | "Ownership and control" means ownership of at least 51% of | ||||||
18 | the business, including corporate stock if a corporation, and | ||||||
19 | control over the management and day-to-day operations of the | ||||||
20 | business and an interest in the capital, assets, and profits | ||||||
21 | and losses of the business proportionate to percentage of | ||||||
22 | ownership. | ||||||
23 | "Person" means a natural individual, firm, partnership, | ||||||
24 | association, joint stock company, joint venture, public or | ||||||
25 | private corporation, limited liability company, or a receiver, | ||||||
26 | executor, trustee, guardian, or other representative appointed |
| |||||||
| |||||||
1 | by order of any court. | ||||||
2 | "Possession limit" means the amount of cannabis under | ||||||
3 | Section 10-10 that may be possessed at any one time by a person | ||||||
4 | 21 years of age or older or who is a registered qualifying | ||||||
5 | medical cannabis patient or caregiver under the Compassionate | ||||||
6 | Use of Medical Cannabis Program Act. | ||||||
7 | "Principal officer" includes a cannabis business | ||||||
8 | establishment applicant or licensed cannabis business | ||||||
9 | establishment's board member, owner with more than 1% interest | ||||||
10 | of the total cannabis business establishment or more than 5% | ||||||
11 | interest of the total cannabis business establishment of a | ||||||
12 | publicly traded company, president, vice president, secretary, | ||||||
13 | treasurer, partner, officer, member, manager member, or person | ||||||
14 | with a profit sharing, financial interest, or revenue sharing | ||||||
15 | arrangement. The definition includes a person with authority | ||||||
16 | to control the cannabis business establishment, a person who | ||||||
17 | assumes responsibility for the debts of the cannabis business | ||||||
18 | establishment and who is further defined in this Act. | ||||||
19 | "Primary residence" means a dwelling where a person | ||||||
20 | usually stays or stays more often than other locations. It may | ||||||
21 | be determined by, without limitation, presence, tax filings; | ||||||
22 | address on an Illinois driver's license, an Illinois | ||||||
23 | Identification Card, or an Illinois Person with a Disability | ||||||
24 | Identification Card; or voter registration. No person may have | ||||||
25 | more than one primary residence. | ||||||
26 | "Processing organization" or "processor" means a facility |
| |||||||
| |||||||
1 | operated by an organization or business that is licensed by | ||||||
2 | the Department of Agriculture to either extract constituent | ||||||
3 | chemicals or compounds to produce cannabis concentrate or | ||||||
4 | incorporate cannabis or cannabis concentrate into a product | ||||||
5 | formulation to produce a cannabis product. | ||||||
6 | "Processing organization agent" means a principal officer, | ||||||
7 | board member, employee, or agent of a processing organization. | ||||||
8 | "Processing organization agent identification card" means | ||||||
9 | a document issued by the Department of Agriculture that | ||||||
10 | identifies a person as a processing organization agent. | ||||||
11 | "Purchaser" means a person 21 years of age or older who | ||||||
12 | acquires cannabis for a valuable consideration. "Purchaser" | ||||||
13 | does not include a cardholder under the Compassionate Use of | ||||||
14 | Medical Cannabis Program Act. | ||||||
15 | "Qualifying Applicant" means an applicant that submitted | ||||||
16 | an application pursuant to Section 15-30 that received at | ||||||
17 | least 85% of 250 application points available under Section | ||||||
18 | 15-30 as the applicant's final score and meets the definition | ||||||
19 | of "Social Equity Applicant" as set forth under this Section. | ||||||
20 | "Qualifying Social Equity Justice Involved Applicant" | ||||||
21 | means an applicant that submitted an application pursuant to | ||||||
22 | Section 15-30 that received at least 85% of 250 application | ||||||
23 | points available under Section 15-30 as the applicant's final | ||||||
24 | score and meets the criteria of either paragraph (1) or (2) of | ||||||
25 | the definition of "Social Equity Applicant" as set forth under | ||||||
26 | this Section. |
| |||||||
| |||||||
1 | "Qualified Social Equity Applicant" means a Social Equity | ||||||
2 | Applicant who has been awarded a conditional license under | ||||||
3 | this Act to operate a cannabis business establishment. | ||||||
4 | "Resided" means an individual's primary residence was | ||||||
5 | located within the relevant geographic area as established by | ||||||
6 | 2 of the following: | ||||||
7 | (1) a signed lease agreement that includes the | ||||||
8 | applicant's name; | ||||||
9 | (2) a property deed that includes the applicant's | ||||||
10 | name; | ||||||
11 | (3) school records; | ||||||
12 | (4) a voter registration card; | ||||||
13 | (5) an Illinois driver's license, an Illinois | ||||||
14 | Identification Card, or an Illinois Person with a | ||||||
15 | Disability Identification Card; | ||||||
16 | (6) a paycheck stub; | ||||||
17 | (7) a utility bill; | ||||||
18 | (8) tax records; or | ||||||
19 | (9) any other proof of residency or other information | ||||||
20 | necessary to establish residence as provided by rule. | ||||||
21 | "Smoking" means the inhalation of smoke caused by the | ||||||
22 | combustion of cannabis. | ||||||
23 | "Social Equity Applicant" means an applicant that is an | ||||||
24 | Illinois resident that meets one of the following criteria: | ||||||
25 | (1) an applicant with at least 51% ownership and | ||||||
26 | control by one or more individuals who have resided for at |
| |||||||
| |||||||
1 | least 5 of the preceding 10 years in a Disproportionately | ||||||
2 | Impacted Area; | ||||||
3 | (2) an applicant with at least 51% ownership and | ||||||
4 | control by one or more individuals who:
| ||||||
5 | (i) have been arrested for, convicted of, or | ||||||
6 | adjudicated delinquent for any offense that is | ||||||
7 | eligible for expungement under this Act; or
| ||||||
8 | (ii) is a member of an impacted family; | ||||||
9 | (3) for applicants with a minimum of 10 full-time | ||||||
10 | employees, an applicant with at least 51% of current | ||||||
11 | employees who: | ||||||
12 | (i) currently reside in a Disproportionately | ||||||
13 | Impacted Area; or | ||||||
14 | (ii) have been arrested for, convicted of, or | ||||||
15 | adjudicated delinquent for any offense that is | ||||||
16 | eligible for expungement under this Act or member of | ||||||
17 | an impacted family. | ||||||
18 | Nothing in this Act shall be construed to preempt or limit | ||||||
19 | the duties of any employer under the Job Opportunities for | ||||||
20 | Qualified Applicants Act. Nothing in this Act shall permit an | ||||||
21 | employer to require an employee to disclose sealed or expunged | ||||||
22 | offenses, unless otherwise required by law. | ||||||
23 | "Tied Applicant" means an application submitted by a | ||||||
24 | Dispensary Applicant pursuant to Section 15-30 that received | ||||||
25 | the same number of application points under Section 15-30 as | ||||||
26 | the Dispensary Applicant's final score as one or more |
| |||||||
| |||||||
1 | top-scoring applications in the same BLS Region and would have | ||||||
2 | been awarded a license but for the one or more other | ||||||
3 | top-scoring applications that received the same number of | ||||||
4 | application points. Each application for which a Dispensary | ||||||
5 | Applicant was required to pay a required application fee for | ||||||
6 | the application period ending January 2, 2020 shall be | ||||||
7 | considered an application of a separate Tied Applicant. | ||||||
8 | "Tied Applicant Lottery" means the process established | ||||||
9 | under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult | ||||||
10 | Use Dispensing Organization Licenses pursuant to Sections | ||||||
11 | 15-25 and 15-30 among Eligible Tied Applicants. | ||||||
12 | "Tincture" means a cannabis-infused solution, typically | ||||||
13 | comprised of alcohol, glycerin, or vegetable oils, derived | ||||||
14 | either directly from the cannabis plant or from a processed | ||||||
15 | cannabis extract. A tincture is not an alcoholic liquor as | ||||||
16 | defined in the Liquor Control Act of 1934. A tincture shall | ||||||
17 | include a calibrated dropper or other similar device capable | ||||||
18 | of accurately measuring servings. | ||||||
19 | "Transporting organization" or "transporter" means an | ||||||
20 | organization or business that is licensed by the Department of | ||||||
21 | Agriculture to transport cannabis or cannabis-infused product | ||||||
22 | on behalf of a cannabis business establishment or a community | ||||||
23 | college licensed under the Community
College Cannabis | ||||||
24 | Vocational Training Pilot Program.
| ||||||
25 | "Transporting organization agent" means a principal | ||||||
26 | officer, board member, employee, or agent of a transporting |
| |||||||
| |||||||
1 | organization. | ||||||
2 | "Transporting organization agent identification card" | ||||||
3 | means a document issued by the Department of Agriculture that | ||||||
4 | identifies a person as a transporting organization agent. | ||||||
5 | "Unit of local government" means any county, city, | ||||||
6 | village, or incorporated town. | ||||||
7 | "Vegetative stage" means the stage of cultivation in which | ||||||
8 | a cannabis plant is propagated to produce additional cannabis | ||||||
9 | plants or reach a sufficient size for production. This | ||||||
10 | includes seedlings, clones, mothers, and other immature | ||||||
11 | cannabis plants as follows: | ||||||
12 | (1) if the cannabis plant is in an area that has not | ||||||
13 | been intentionally deprived of light for a period of time | ||||||
14 | intended to produce flower buds and induce maturation, it | ||||||
15 | has no more than 2 stigmas visible at each internode of the | ||||||
16 | cannabis plant; or | ||||||
17 | (2) any cannabis plant that is cultivated solely for | ||||||
18 | the purpose of propagating clones and is never used to | ||||||
19 | produce cannabis.
| ||||||
20 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
21 | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised | ||||||
22 | 10-13-21.) | ||||||
23 | (410 ILCS 705/15-25)
| ||||||
24 | Sec. 15-25. Awarding of Conditional Adult Use Dispensing | ||||||
25 | Organization Licenses prior to January 1, 2021. |
| |||||||
| |||||||
1 | (a) The Department shall issue up to 75 Conditional Adult | ||||||
2 | Use Dispensing Organization Licenses before May 1, 2020. | ||||||
3 | (b) The Department shall make the application for a | ||||||
4 | Conditional Adult Use Dispensing Organization License | ||||||
5 | available no later than October 1, 2019 and shall accept | ||||||
6 | applications no later than January 1, 2020. | ||||||
7 | (c) To ensure the geographic dispersion of Conditional | ||||||
8 | Adult Use Dispensing Organization License holders, the | ||||||
9 | following number of licenses shall be awarded in each BLS | ||||||
10 | Region as determined by each region's percentage of the | ||||||
11 | State's population: | ||||||
12 | (1) Bloomington: 1 | ||||||
13 | (2) Cape Girardeau: 1 | ||||||
14 | (3) Carbondale-Marion: 1 | ||||||
15 | (4) Champaign-Urbana: 1 | ||||||
16 | (5) Chicago-Naperville-Elgin: 47 | ||||||
17 | (6) Danville: 1 | ||||||
18 | (7) Davenport-Moline-Rock Island: 1 | ||||||
19 | (8) Decatur: 1 | ||||||
20 | (9) Kankakee: 1 | ||||||
21 | (10) Peoria: 3 | ||||||
22 | (11) Rockford: 2 | ||||||
23 | (12) St. Louis: 4 | ||||||
24 | (13) Springfield: 1 | ||||||
25 | (14) Northwest Illinois nonmetropolitan: 3 | ||||||
26 | (15) West Central Illinois nonmetropolitan: 3 |
| |||||||
| |||||||
1 | (16) East Central Illinois nonmetropolitan: 2 | ||||||
2 | (17) South Illinois nonmetropolitan: 2 | ||||||
3 | (d) An applicant seeking issuance of a Conditional Adult | ||||||
4 | Use Dispensing Organization License shall submit an | ||||||
5 | application on forms provided by the Department. An applicant | ||||||
6 | must meet the following requirements: | ||||||
7 | (1) Payment of a nonrefundable application fee of | ||||||
8 | $5,000 for each license for which the applicant is | ||||||
9 | applying, which shall be deposited into the Cannabis | ||||||
10 | Regulation Fund; | ||||||
11 | (2) Certification that the applicant will comply with | ||||||
12 | the requirements contained in this Act; | ||||||
13 | (3) The legal name of the proposed dispensing | ||||||
14 | organization; | ||||||
15 | (4) A statement that the dispensing organization | ||||||
16 | agrees to respond to the Department's supplemental | ||||||
17 | requests for information; | ||||||
18 | (5) From each principal officer, a statement | ||||||
19 | indicating whether that person: | ||||||
20 | (A) has previously held or currently holds an | ||||||
21 | ownership interest in a cannabis business | ||||||
22 | establishment in Illinois; or | ||||||
23 | (B) has held an ownership interest in a dispensing | ||||||
24 | organization or its equivalent in another state or | ||||||
25 | territory of the United States that had the dispensing | ||||||
26 | organization registration or license suspended, |
| |||||||
| |||||||
1 | revoked, placed on probationary status, or subjected | ||||||
2 | to other disciplinary action; | ||||||
3 | (6) Disclosure of whether any principal officer has | ||||||
4 | ever filed for bankruptcy or defaulted on spousal support | ||||||
5 | or child support obligation; | ||||||
6 | (7) A resume for each principal officer, including | ||||||
7 | whether that person has an academic degree, certification, | ||||||
8 | or relevant experience with a cannabis business | ||||||
9 | establishment or in a related industry; | ||||||
10 | (8) A description of the training and education that | ||||||
11 | will be provided to dispensing organization agents; | ||||||
12 | (9) A copy of the proposed operating bylaws; | ||||||
13 | (10) A copy of the proposed business plan that | ||||||
14 | complies with the requirements in this Act, including, at | ||||||
15 | a minimum, the following: | ||||||
16 | (A) A description of services to be offered; and | ||||||
17 | (B) A description of the process of dispensing | ||||||
18 | cannabis; | ||||||
19 | (11) A copy of the proposed security plan that | ||||||
20 | complies with the requirements in this Article, including: | ||||||
21 | (A) The process or controls that will be | ||||||
22 | implemented to monitor the dispensary, secure the | ||||||
23 | premises, agents, and currency, and prevent the | ||||||
24 | diversion, theft, or loss of cannabis; and | ||||||
25 | (B) The process to ensure that access to the | ||||||
26 | restricted access areas is restricted to, registered |
| |||||||
| |||||||
1 | agents, service professionals, transporting | ||||||
2 | organization agents, Department inspectors, and | ||||||
3 | security personnel; | ||||||
4 | (12) A proposed inventory control plan that complies | ||||||
5 | with this Section; | ||||||
6 | (13) A proposed floor plan, a square footage estimate, | ||||||
7 | and a description of proposed security devices, including, | ||||||
8 | without limitation, cameras, motion detectors, servers, | ||||||
9 | video storage capabilities, and alarm service providers; | ||||||
10 | (14) The name, address, social security number, and | ||||||
11 | date of birth of each principal officer and board member | ||||||
12 | of the dispensing organization; each of those individuals | ||||||
13 | shall be at least 21 years of age; | ||||||
14 | (15) Evidence of the applicant's status as a Social | ||||||
15 | Equity Applicant, if applicable, and whether a Social | ||||||
16 | Equity Applicant plans to apply for a loan or grant issued | ||||||
17 | by the Department of Commerce and Economic Opportunity; | ||||||
18 | (16) The address, telephone number, and email address | ||||||
19 | of the applicant's principal place of business, if | ||||||
20 | applicable. A post office box is not permitted; | ||||||
21 | (17) Written summaries of any information regarding | ||||||
22 | instances in which a business or not-for-profit that a | ||||||
23 | prospective board member previously managed or served on | ||||||
24 | were fined or censured, or any instances in which a | ||||||
25 | business or not-for-profit that a prospective board member | ||||||
26 | previously managed or served on had its registration |
| |||||||
| |||||||
1 | suspended or revoked in any administrative or judicial | ||||||
2 | proceeding; | ||||||
3 | (18) A plan for community engagement; | ||||||
4 | (19) Procedures to ensure accurate recordkeeping and | ||||||
5 | security measures that are in accordance with this Article | ||||||
6 | and Department rules; | ||||||
7 | (20) The estimated volume of cannabis it plans to | ||||||
8 | store at the dispensary; | ||||||
9 | (21) A description of the features that will provide | ||||||
10 | accessibility to purchasers as required by the Americans | ||||||
11 | with Disabilities Act; | ||||||
12 | (22) A detailed description of air treatment systems | ||||||
13 | that will be installed to reduce odors; | ||||||
14 | (23) A reasonable assurance that the issuance of a | ||||||
15 | license will not have a detrimental impact on the | ||||||
16 | community in which the applicant wishes to locate; | ||||||
17 | (24) The dated signature of each principal officer; | ||||||
18 | (25) A description of the enclosed, locked facility | ||||||
19 | where cannabis will be stored by the dispensing | ||||||
20 | organization; | ||||||
21 | (26) Signed statements from each dispensing | ||||||
22 | organization agent stating that he or she will not divert | ||||||
23 | cannabis; | ||||||
24 | (27) The number of licenses it is applying for in each | ||||||
25 | BLS Region; | ||||||
26 | (28) A diversity plan that includes a narrative of at |
| |||||||
| |||||||
1 | least 2,500 words that establishes a goal of diversity in | ||||||
2 | ownership, management, employment, and contracting to | ||||||
3 | ensure that diverse participants and groups are afforded | ||||||
4 | equality of opportunity; | ||||||
5 | (29) A contract with a private security contractor | ||||||
6 | agency that is licensed under Section 10-5 of the Private | ||||||
7 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
8 | Vendor, and Locksmith Act of 2004 in order for the | ||||||
9 | dispensary to have adequate security at its facility; and | ||||||
10 | (30) Other information deemed necessary by the | ||||||
11 | Illinois Cannabis Regulation Oversight Officer to conduct | ||||||
12 | the disparity and availability study referenced in | ||||||
13 | subsection (e) of Section 5-45. | ||||||
14 | (e) An applicant who receives a Conditional Adult Use | ||||||
15 | Dispensing Organization License under this Section has 180 | ||||||
16 | days from the date of award to identify a physical location for | ||||||
17 | the dispensing organization retail storefront. The applicant | ||||||
18 | shall provide evidence that the location is not within 1,500 | ||||||
19 | feet of an existing dispensing organization, unless the | ||||||
20 | applicant is a Social Equity Applicant or Social Equity | ||||||
21 | Justice Involved Applicant located or seeking to locate within | ||||||
22 | 1,500 feet of a dispensing organization licensed under Section | ||||||
23 | 15-15 or Section 15-20. If an applicant is unable to find a | ||||||
24 | suitable physical address in the opinion of the Department | ||||||
25 | within 180 days of the issuance of the Conditional Adult Use | ||||||
26 | Dispensing Organization License, the Department may extend the |
| |||||||
| |||||||
1 | period for finding a physical address another 180 days if the | ||||||
2 | Conditional Adult Use Dispensing Organization License holder | ||||||
3 | demonstrates concrete attempts to secure a location and a | ||||||
4 | hardship. If the Department denies the extension or the | ||||||
5 | Conditional Adult Use Dispensing Organization License holder | ||||||
6 | is unable to find a location or become operational within 360 | ||||||
7 | days of being awarded a conditional license, the Department | ||||||
8 | shall rescind the conditional license and award it to the next | ||||||
9 | highest scoring applicant in the BLS Region for which the | ||||||
10 | license was assigned, provided the applicant receiving the | ||||||
11 | license: (i) confirms a continued interest in operating a | ||||||
12 | dispensing organization; (ii) can provide evidence that the | ||||||
13 | applicant continues to meet all requirements for holding a | ||||||
14 | Conditional Adult Use Dispensing Organization License set | ||||||
15 | forth in this Act; and (iii) has not otherwise become | ||||||
16 | ineligible to be awarded a dispensing organization license. If | ||||||
17 | the new awardee is unable to accept the Conditional Adult Use | ||||||
18 | Dispensing Organization License, the Department shall award | ||||||
19 | the Conditional Adult Use Dispensing Organization License to | ||||||
20 | the next highest scoring applicant in the same manner. The new | ||||||
21 | awardee shall be subject to the same required deadlines as | ||||||
22 | provided in this subsection. | ||||||
23 | (e-5) If, within 180 days of being awarded a Conditional | ||||||
24 | Adult Use Dispensing Organization License, a dispensing | ||||||
25 | organization is unable to find a location within the BLS | ||||||
26 | Region in which it was awarded a Conditional Adult Use |
| |||||||
| |||||||
1 | Dispensing Organization License because no jurisdiction within | ||||||
2 | the BLS Region allows for the operation of an Adult Use | ||||||
3 | Dispensing Organization, the Department of Financial and | ||||||
4 | Professional Regulation may authorize the Conditional Adult | ||||||
5 | Use Dispensing Organization License holder to transfer its | ||||||
6 | license to a BLS Region specified by the Department. | ||||||
7 | (f) A dispensing organization that is awarded a | ||||||
8 | Conditional Adult Use Dispensing Organization License pursuant | ||||||
9 | to the criteria in Section 15-30 shall not purchase, possess, | ||||||
10 | sell, or dispense cannabis or cannabis-infused products until | ||||||
11 | the person has received an Adult Use Dispensing Organization | ||||||
12 | License issued by the Department pursuant to Section 15-36 of | ||||||
13 | this Act. | ||||||
14 | (g) The Department shall conduct a background check of the | ||||||
15 | prospective organization agents in order to carry out this | ||||||
16 | Article. The Illinois State Police shall charge the applicant | ||||||
17 | a fee for conducting the criminal history record check, which | ||||||
18 | shall be deposited into the State Police Services Fund and | ||||||
19 | shall not exceed the actual cost of the record check. Each | ||||||
20 | person applying as a dispensing organization agent shall | ||||||
21 | submit a full set of fingerprints to the Illinois State Police | ||||||
22 | for the purpose of obtaining a State and federal criminal | ||||||
23 | records check. These fingerprints shall be checked against the | ||||||
24 | fingerprint records now and hereafter, to the extent allowed | ||||||
25 | by law, filed in the Illinois State Police and Federal Bureau | ||||||
26 | of Identification criminal history records databases. The |
| |||||||
| |||||||
1 | Illinois State Police shall furnish, following positive | ||||||
2 | identification, all Illinois conviction information to the | ||||||
3 | Department.
| ||||||
4 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
5 | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised | ||||||
6 | 10-13-21.) | ||||||
7 | (410 ILCS 705/15-30)
| ||||||
8 | Sec. 15-30. Selection criteria for conditional licenses | ||||||
9 | awarded under Section 15-25. | ||||||
10 | (a) Applicants for a Conditional Adult Use Dispensing | ||||||
11 | Organization License must submit all required information, | ||||||
12 | including the information required in Section 15-25, to the | ||||||
13 | Department. Failure by an applicant to submit all required | ||||||
14 | information may result in the application being disqualified. | ||||||
15 | (b) If the Department receives an application that fails | ||||||
16 | to provide the required elements contained in this Section, | ||||||
17 | the Department shall issue a deficiency notice to the | ||||||
18 | applicant. The applicant shall have 10 calendar days from the | ||||||
19 | date of the deficiency notice to resubmit the incomplete | ||||||
20 | information. Applications that are still incomplete after this | ||||||
21 | opportunity to cure will not be scored and will be | ||||||
22 | disqualified. | ||||||
23 | (c) The Department will award up to 250 points to complete | ||||||
24 | applications based on the sufficiency of the applicant's | ||||||
25 | responses to required information. Applicants will be awarded |
| |||||||
| |||||||
1 | points based on a determination that the application | ||||||
2 | satisfactorily includes the following elements: | ||||||
3 | (1) Suitability of Employee Training Plan (15 points). | ||||||
4 | The plan includes an employee training plan that | ||||||
5 | demonstrates that employees will understand the rules and | ||||||
6 | laws to be followed by dispensary employees, have | ||||||
7 | knowledge of any security measures and operating | ||||||
8 | procedures of the dispensary, and are able to advise | ||||||
9 | purchasers on how to safely consume cannabis and use | ||||||
10 | individual products offered by the dispensary. | ||||||
11 | (2) Security and Recordkeeping (65 points). | ||||||
12 | (A) The security plan accounts for the prevention | ||||||
13 | of the theft or diversion of cannabis. The security | ||||||
14 | plan demonstrates safety procedures for dispensing | ||||||
15 | organization agents and purchasers, and safe delivery | ||||||
16 | and storage of cannabis and currency. It demonstrates | ||||||
17 | compliance with all security requirements in this Act | ||||||
18 | and rules. | ||||||
19 | (B) A plan for recordkeeping, tracking, and | ||||||
20 | monitoring inventory, quality control, and other | ||||||
21 | policies and procedures that will promote standard | ||||||
22 | recordkeeping and discourage unlawful activity. This | ||||||
23 | plan includes the applicant's strategy to communicate | ||||||
24 | with the Department and the Illinois State Police on | ||||||
25 | the destruction and disposal of cannabis. The plan | ||||||
26 | must also demonstrate compliance with this Act and |
| |||||||
| |||||||
1 | rules. | ||||||
2 | (C) The security plan shall also detail which | ||||||
3 | private security contractor licensed under Section | ||||||
4 | 10-5 of the Private Detective, Private Alarm, Private | ||||||
5 | Security, Fingerprint Vendor, and Locksmith Act of | ||||||
6 | 2004 the dispensary will contract with in order to | ||||||
7 | provide adequate security at its facility. | ||||||
8 | (3) Applicant's Business Plan, Financials, Operating | ||||||
9 | and Floor Plan (65 points). | ||||||
10 | (A) The business plan shall describe, at a | ||||||
11 | minimum, how the dispensing organization will be | ||||||
12 | managed on a long-term basis. This shall include a | ||||||
13 | description of the dispensing organization's | ||||||
14 | point-of-sale system, purchases and denials of sale, | ||||||
15 | confidentiality, and products and services to be | ||||||
16 | offered. It will demonstrate compliance with this Act | ||||||
17 | and rules. | ||||||
18 | (B) The operating plan shall include, at a | ||||||
19 | minimum, best practices for day-to-day dispensary | ||||||
20 | operation and staffing. The operating plan may also | ||||||
21 | include information about employment practices, | ||||||
22 | including information about the percentage of | ||||||
23 | full-time employees who will be provided a living | ||||||
24 | wage. | ||||||
25 | (C) The proposed floor plan is suitable for public | ||||||
26 | access, the layout promotes safe dispensing of |
| |||||||
| |||||||
1 | cannabis, is compliant with the Americans with | ||||||
2 | Disabilities Act and the Environmental Barriers Act, | ||||||
3 | and facilitates safe product handling and storage. | ||||||
4 | (4) Knowledge and Experience (30 points). | ||||||
5 | (A) The applicant's principal officers must | ||||||
6 | demonstrate experience and qualifications in business | ||||||
7 | management or experience with the cannabis industry. | ||||||
8 | This includes ensuring optimal safety and accuracy in | ||||||
9 | the dispensing and sale of cannabis. | ||||||
10 | (B) The applicant's principal officers must | ||||||
11 | demonstrate knowledge of various cannabis product | ||||||
12 | strains or varieties and describe the types and | ||||||
13 | quantities of products planned to be sold. This | ||||||
14 | includes confirmation of whether the dispensing | ||||||
15 | organization plans to sell cannabis paraphernalia or | ||||||
16 | edibles. | ||||||
17 | (C) Knowledge and experience may be demonstrated | ||||||
18 | through experience in other comparable industries that | ||||||
19 | reflect on the applicant's ability to operate a | ||||||
20 | cannabis business establishment. | ||||||
21 | (5) Status as a Social Equity Applicant (50 points). | ||||||
22 | The applicant meets the qualifications for a Social Equity | ||||||
23 | Applicant as set forth in this Act. | ||||||
24 | (6) Labor and employment practices (5 points) . : The | ||||||
25 | applicant may describe plans to provide a safe, healthy, | ||||||
26 | and economically beneficial working environment for its |
| |||||||
| |||||||
1 | agents, including, but not limited to, codes of conduct, | ||||||
2 | health care benefits, educational benefits, retirement | ||||||
3 | benefits, living wage standards, and entering a labor | ||||||
4 | peace agreement with employees. | ||||||
5 | (7) Environmental Plan (5 points) . : The applicant may | ||||||
6 | demonstrate an environmental plan of action to minimize | ||||||
7 | the carbon footprint, environmental impact, and resource | ||||||
8 | needs for the dispensary, which may include, without | ||||||
9 | limitation, recycling cannabis product packaging. | ||||||
10 | (8) Illinois owner (5 points) . : The applicant is 51% | ||||||
11 | or more owned and controlled by an Illinois resident, who | ||||||
12 | can prove residency in each of the past 5 years with tax | ||||||
13 | records or 2 of the following: | ||||||
14 | (A) a signed lease agreement that includes the | ||||||
15 | applicant's name; | ||||||
16 | (B) a property deed that includes the applicant's | ||||||
17 | name; | ||||||
18 | (C) school records; | ||||||
19 | (D) a voter registration card; | ||||||
20 | (E) an Illinois driver's license, an Illinois | ||||||
21 | Identification Card, or an Illinois Person with a | ||||||
22 | Disability Identification Card; | ||||||
23 | (F) a paycheck stub; | ||||||
24 | (G) a utility bill; or | ||||||
25 | (H) any other proof of residency or other | ||||||
26 | information necessary to establish residence as |
| |||||||
| |||||||
1 | provided by rule. | ||||||
2 | (9) Status as veteran (5 points) . : The applicant is | ||||||
3 | 51% or more controlled and owned by an individual or | ||||||
4 | individuals who meet the qualifications of a veteran as | ||||||
5 | defined by Section 45-57 of the Illinois Procurement Code. | ||||||
6 | (10) A diversity plan (5 points) . The plan : that | ||||||
7 | includes a narrative of not more than 2,500 words that | ||||||
8 | establishes a goal of diversity in ownership, management, | ||||||
9 | employment, and contracting to ensure that diverse | ||||||
10 | participants and groups are afforded equality of | ||||||
11 | opportunity. | ||||||
12 | (d) The Department may also award up to 2 bonus points for | ||||||
13 | a plan to engage with the community. The applicant may | ||||||
14 | demonstrate a desire to engage with its community by | ||||||
15 | participating in one or more of, but not limited to, the | ||||||
16 | following actions: (i) establishment of an incubator program | ||||||
17 | designed to increase participation in the cannabis industry by | ||||||
18 | persons who would qualify as Social Equity Applicants; (ii) | ||||||
19 | providing financial assistance to substance abuse treatment | ||||||
20 | centers; (iii) educating children and teens about the | ||||||
21 | potential harms of cannabis use; or (iv) other measures | ||||||
22 | demonstrating a commitment to the applicant's community. Bonus | ||||||
23 | points will only be awarded if the Department receives | ||||||
24 | applications that receive an equal score for a particular | ||||||
25 | region. | ||||||
26 | (e) The Department may verify information contained in |
| |||||||
| |||||||
1 | each application and accompanying documentation to assess the | ||||||
2 | applicant's veracity and fitness to operate a dispensing | ||||||
3 | organization. | ||||||
4 | (f) The Department may, in its discretion, refuse to issue | ||||||
5 | an authorization to any applicant: | ||||||
6 | (1) Who is unqualified to perform the duties required | ||||||
7 | of the applicant; | ||||||
8 | (2) Who fails to disclose or states falsely any | ||||||
9 | information called for in the application; | ||||||
10 | (3) Who has been found guilty of a violation of this | ||||||
11 | Act, who has had any disciplinary order entered against it | ||||||
12 | by the Department, who has entered into a disciplinary or | ||||||
13 | nondisciplinary agreement with the Department, or whose | ||||||
14 | medical cannabis dispensing organization, medical cannabis | ||||||
15 | cultivation organization, or Early Approval Adult Use | ||||||
16 | Dispensing Organization License, or Early Approval Adult | ||||||
17 | Use Dispensing Organization License at a secondary site, | ||||||
18 | or Early Approval Cultivation Center License was | ||||||
19 | suspended, restricted, revoked, or denied for just cause, | ||||||
20 | or the applicant's cannabis business establishment license | ||||||
21 | was suspended, restricted, revoked, or denied in any other | ||||||
22 | state; or | ||||||
23 | (4) Who has engaged in a pattern or practice of unfair | ||||||
24 | or illegal practices, methods, or activities in the | ||||||
25 | conduct of owning a cannabis business establishment or | ||||||
26 | other business. |
| |||||||
| |||||||
1 | (g) The Department shall deny the license if any principal | ||||||
2 | officer, board member, or person having a financial or voting | ||||||
3 | interest of 5% or greater in the licensee is delinquent in | ||||||
4 | filing any required tax returns or paying any amounts owed to | ||||||
5 | the State of Illinois. | ||||||
6 | (h) The Department shall verify an applicant's compliance | ||||||
7 | with the requirements of this Article and rules before issuing | ||||||
8 | a dispensing organization license. | ||||||
9 | (i) Should the applicant be awarded a license, the | ||||||
10 | information and plans provided in the application, including | ||||||
11 | any plans submitted for bonus points, shall become a condition | ||||||
12 | of the Conditional Adult Use Dispensing Organization Licenses | ||||||
13 | and any Adult Use Dispensing Organization License issued to | ||||||
14 | the holder of the Conditional Adult Use Dispensing | ||||||
15 | Organization License, except as otherwise provided by this Act | ||||||
16 | or rule. Dispensing organizations have a duty to disclose any | ||||||
17 | material changes to the application. The Department shall | ||||||
18 | review all material changes disclosed by the dispensing | ||||||
19 | organization, and may re-evaluate its prior decision regarding | ||||||
20 | the awarding of a license, including, but not limited to, | ||||||
21 | suspending or permanently revoking a license. Failure to | ||||||
22 | comply with the conditions or requirements in the application | ||||||
23 | may subject the dispensing organization to discipline, up to | ||||||
24 | and including suspension or permanent revocation of its | ||||||
25 | authorization or license by the Department. | ||||||
26 | (j) If an applicant has not begun operating as a |
| |||||||
| |||||||
1 | dispensing organization within one year of the issuance of the | ||||||
2 | Conditional Adult Use Dispensing Organization License, the | ||||||
3 | Department may permanently revoke the Conditional Adult Use | ||||||
4 | Dispensing Organization License and award it to the next | ||||||
5 | highest scoring applicant in the BLS Region if a suitable | ||||||
6 | applicant indicates a continued interest in the license or | ||||||
7 | begin a new selection process to award a Conditional Adult Use | ||||||
8 | Dispensing Organization License. | ||||||
9 | (k) The Department shall deny an application if granting | ||||||
10 | that application would result in a single person or entity | ||||||
11 | having a direct or indirect financial interest in more than 10 | ||||||
12 | Early Approval Adult Use Dispensing Organization Licenses, | ||||||
13 | Conditional Adult Use Dispensing Organization Licenses, or | ||||||
14 | Adult Use Dispensing Organization Licenses. Any entity that is | ||||||
15 | awarded a license that results in a single person or entity | ||||||
16 | having a direct or indirect financial interest in more than 10 | ||||||
17 | licenses shall forfeit the most recently issued license and | ||||||
18 | suffer a penalty to be determined by the Department, unless | ||||||
19 | the entity declines the license at the time it is awarded.
| ||||||
20 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
21 | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised | ||||||
22 | 10-13-21.) | ||||||
23 | (410 ILCS 705/15-40)
| ||||||
24 | Sec. 15-40. Dispensing organization agent identification | ||||||
25 | card; agent training. |
| |||||||
| |||||||
1 | (a) The Department shall: | ||||||
2 | (1) verify the information contained in an application | ||||||
3 | or renewal for a dispensing organization agent | ||||||
4 | identification card submitted under this Article, and | ||||||
5 | approve or deny an application or renewal, within 30 days | ||||||
6 | of receiving a completed application or renewal | ||||||
7 | application and all supporting documentation required by | ||||||
8 | rule; | ||||||
9 | (2) issue a dispensing organization agent | ||||||
10 | identification card to a qualifying agent within 15 | ||||||
11 | business days of approving the application or renewal; | ||||||
12 | (3) enter the registry identification number of the | ||||||
13 | dispensing organization where the agent works; | ||||||
14 | (4) within one year from the effective date of this | ||||||
15 | Act, allow for an electronic application process and | ||||||
16 | provide a confirmation by electronic or other methods that | ||||||
17 | an application has been submitted; and | ||||||
18 | (5) collect a $100 nonrefundable fee from the | ||||||
19 | applicant to be deposited into the Cannabis Regulation | ||||||
20 | Fund. | ||||||
21 | (b) A dispensing organization agent must keep his or her | ||||||
22 | identification card visible at all times when in the | ||||||
23 | dispensary. | ||||||
24 | (c) The dispensing organization agent identification cards | ||||||
25 | shall contain the following: | ||||||
26 | (1) the name of the cardholder; |
| |||||||
| |||||||
1 | (2) the date of issuance and expiration date of the | ||||||
2 | dispensing organization agent identification cards; | ||||||
3 | (3) a random 10-digit alphanumeric identification | ||||||
4 | number containing at least 4 numbers and at least 4 | ||||||
5 | letters that is unique to the cardholder; and | ||||||
6 | (4) a photograph of the cardholder. | ||||||
7 | (d) The dispensing organization agent identification cards | ||||||
8 | shall be immediately returned to the dispensing organization | ||||||
9 | upon termination of employment. | ||||||
10 | (e) The Department shall not issue an agent identification | ||||||
11 | card if the applicant is delinquent in filing any required tax | ||||||
12 | returns or paying any amounts owed to the State of Illinois. | ||||||
13 | (f) Any card lost by a dispensing organization agent shall | ||||||
14 | be reported to the Illinois State Police and the Department | ||||||
15 | immediately upon discovery of the loss. | ||||||
16 | (g) An applicant shall be denied a dispensing organization | ||||||
17 | agent identification card renewal if he or she fails to | ||||||
18 | complete the training provided for in this Section. | ||||||
19 | (h) A dispensing organization agent shall only be required | ||||||
20 | to hold one card for the same employer regardless of what type | ||||||
21 | of dispensing organization license the employer holds. | ||||||
22 | (i) Cannabis retail sales training requirements. | ||||||
23 | (1) Within 90 days of September 1, 2019, or 90 days of | ||||||
24 | employment, whichever is later, all owners, managers, | ||||||
25 | employees, and agents involved in the handling or sale of | ||||||
26 | cannabis or cannabis-infused product employed by an adult |
| |||||||
| |||||||
1 | use dispensing organization or medical cannabis dispensing | ||||||
2 | organization as defined in Section 10 of the Compassionate | ||||||
3 | Use of Medical Cannabis Program Act shall attend and | ||||||
4 | successfully complete a Responsible Vendor Program. | ||||||
5 | (2) Each owner, manager, employee, and agent of an | ||||||
6 | adult use dispensing organization or medical cannabis | ||||||
7 | dispensing organization shall successfully complete the | ||||||
8 | program annually. | ||||||
9 | (3) Responsible Vendor Program Training modules shall | ||||||
10 | include at least 2 hours of instruction time approved by | ||||||
11 | the Department including: | ||||||
12 | (i) Health and safety concerns of cannabis use, | ||||||
13 | including the responsible use of cannabis, its | ||||||
14 | physical effects, onset of physiological effects, | ||||||
15 | recognizing signs of impairment, and appropriate | ||||||
16 | responses in the event of overconsumption. | ||||||
17 | (ii) Training on laws and regulations on driving | ||||||
18 | while under the influence and operating a watercraft | ||||||
19 | or snowmobile while under the influence. | ||||||
20 | (iii) Sales to minors prohibition. Training shall | ||||||
21 | cover all relevant Illinois laws and rules. | ||||||
22 | (iv) Quantity limitations on sales to purchasers. | ||||||
23 | Training shall cover all relevant Illinois laws and | ||||||
24 | rules. | ||||||
25 | (v) Acceptable forms of identification. Training | ||||||
26 | shall include: |
| |||||||
| |||||||
1 | (I) How to check identification; and | ||||||
2 | (II) Common mistakes made in verification; | ||||||
3 | (vi) Safe storage of cannabis; | ||||||
4 | (vii) Compliance with all inventory tracking | ||||||
5 | system regulations; | ||||||
6 | (viii) Waste handling, management, and disposal; | ||||||
7 | (ix) Health and safety standards; | ||||||
8 | (x) Maintenance of records; | ||||||
9 | (xi) Security and surveillance requirements; | ||||||
10 | (xii) Permitting inspections by State and local | ||||||
11 | licensing and enforcement authorities; | ||||||
12 | (xiii) Privacy issues; | ||||||
13 | (xiv) Packaging and labeling requirement for sales | ||||||
14 | to purchasers; and | ||||||
15 | (xv) Other areas as determined by rule. | ||||||
16 | (j) Blank. | ||||||
17 | (k) Upon the successful completion of the Responsible | ||||||
18 | Vendor Program, the provider shall deliver proof of completion | ||||||
19 | either through mail or electronic communication to the | ||||||
20 | dispensing organization, which shall retain a copy of the | ||||||
21 | certificate. | ||||||
22 | (l) The license of a dispensing organization or medical | ||||||
23 | cannabis dispensing organization whose owners, managers, | ||||||
24 | employees, or agents fail to comply with this Section may be | ||||||
25 | suspended or permanently revoked under Section 15-145 or may | ||||||
26 | face other disciplinary action. |
| |||||||
| |||||||
1 | (m) The regulation of dispensing organization and medical | ||||||
2 | cannabis dispensing employer and employee training is an | ||||||
3 | exclusive function of the State, and regulation by a unit of | ||||||
4 | local government, including a home rule unit, is prohibited. | ||||||
5 | This subsection (m) is a denial and limitation of home rule | ||||||
6 | powers and functions under subsection (h) of Section 6 of | ||||||
7 | Article VII of the Illinois Constitution. | ||||||
8 | (n) Persons seeking Department approval to offer the | ||||||
9 | training required by paragraph (3) of subsection (i) may apply | ||||||
10 | for such approval between August 1 and August 15 of each | ||||||
11 | odd-numbered year in a manner prescribed by the Department. | ||||||
12 | (o) Persons seeking Department approval to offer the | ||||||
13 | training required by paragraph (3) of subsection (i) shall | ||||||
14 | submit a nonrefundable application fee of $2,000 to be | ||||||
15 | deposited into the Cannabis Regulation Fund or a fee as may be | ||||||
16 | set by rule. Any changes made to the training module shall be | ||||||
17 | approved by the Department.
| ||||||
18 | (p) The Department shall not unreasonably deny approval of | ||||||
19 | a training module that meets all the requirements of paragraph | ||||||
20 | (3) of subsection (i). A denial of approval shall include a | ||||||
21 | detailed description of the reasons for the denial. | ||||||
22 | (q) Any person approved to provide the training required | ||||||
23 | by paragraph (3) of subsection (i) shall submit an application | ||||||
24 | for re-approval between August 1 and August 15 of each | ||||||
25 | odd-numbered year and include a nonrefundable application fee | ||||||
26 | of $2,000 to be deposited into the Cannabis Regulation Fund or |
| |||||||
| |||||||
1 | a fee as may be set by rule.
| ||||||
2 | (r) All persons applying to become or renewing their | ||||||
3 | registrations to be agents, including agents-in-charge and | ||||||
4 | principal officers, shall disclose any disciplinary action | ||||||
5 | taken against them that may have occurred in Illinois, another | ||||||
6 | state, or another country in relation to their employment at a | ||||||
7 | cannabis business establishment or at any cannabis cultivation | ||||||
8 | center, processor, infuser, dispensary, or other cannabis | ||||||
9 | business establishment. | ||||||
10 | (s) An agent applicant may begin employment at a | ||||||
11 | dispensing organization while the agent applicant's | ||||||
12 | identification card application is pending. Upon approval, the | ||||||
13 | Department shall issue the agent's identification card to the | ||||||
14 | agent. If denied, the dispensing organization and the agent | ||||||
15 | applicant shall be notified and the agent applicant must cease | ||||||
16 | all activity at the dispensing organization immediately. | ||||||
17 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
18 | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised | ||||||
19 | 10-12-21.) | ||||||
20 | (410 ILCS 705/15-135)
| ||||||
21 | Sec. 15-135. Investigations. | ||||||
22 | (a) Dispensing organizations are subject to random and | ||||||
23 | unannounced dispensary inspections and cannabis testing by the | ||||||
24 | Department, the Illinois State Police, local law enforcement, | ||||||
25 | or as provided by rule. |
| |||||||
| |||||||
1 | (b) The Department and its authorized representatives may | ||||||
2 | enter any place, including a vehicle, in which cannabis is | ||||||
3 | held, stored, dispensed, sold, produced, delivered, | ||||||
4 | transported, manufactured, or disposed of and inspect, in a | ||||||
5 | reasonable manner, the place and all pertinent equipment, | ||||||
6 | containers and labeling, and all things including records, | ||||||
7 | files, financial data, sales data, shipping data, pricing | ||||||
8 | data, personnel data, research, papers, processes, controls, | ||||||
9 | and facility, and inventory any stock of cannabis and obtain | ||||||
10 | samples of any cannabis or cannabis-infused product, any | ||||||
11 | labels or containers for cannabis, or paraphernalia. | ||||||
12 | (c) The Department may conduct an investigation of an | ||||||
13 | applicant, application, dispensing organization, principal | ||||||
14 | officer, dispensary agent, third party vendor, or any other | ||||||
15 | party associated with a dispensing organization for an alleged | ||||||
16 | violation of this Act or rules or to determine qualifications | ||||||
17 | to be granted a registration by the Department. | ||||||
18 | (d) The Department may require an applicant or holder of | ||||||
19 | any license issued pursuant to this Article to produce | ||||||
20 | documents, records, or any other material pertinent to the | ||||||
21 | investigation of an application or alleged violations of this | ||||||
22 | Act or rules. Failure to provide the required material may be | ||||||
23 | grounds for denial or discipline. | ||||||
24 | (e) Every person charged with preparation, obtaining, or | ||||||
25 | keeping records, logs, reports, or other documents in | ||||||
26 | connection with this Act and rules and every person in charge, |
| |||||||
| |||||||
1 | or having custody, of those documents shall, upon request by | ||||||
2 | the Department, make the documents immediately available for | ||||||
3 | inspection and copying by the Department, the Department's | ||||||
4 | authorized representative, or others authorized by law to | ||||||
5 | review the documents.
| ||||||
6 | (Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; | ||||||
7 | 102-538, eff. 8-20-21; revised 10-12-21.) | ||||||
8 | (410 ILCS 705/20-30)
| ||||||
9 | Sec. 20-30. Cultivation center requirements; prohibitions. | ||||||
10 | (a) The operating documents of a cultivation center shall | ||||||
11 | include procedures for the oversight of the cultivation | ||||||
12 | center , a cannabis plant monitoring system including a | ||||||
13 | physical inventory recorded weekly, accurate recordkeeping, | ||||||
14 | and a staffing plan. | ||||||
15 | (b) A cultivation center shall implement a security plan | ||||||
16 | reviewed by the Illinois State Police that includes, but is | ||||||
17 | not limited to: facility access controls, perimeter intrusion | ||||||
18 | detection systems, personnel identification systems, 24-hour | ||||||
19 | surveillance system to monitor the interior and exterior of | ||||||
20 | the cultivation center facility and accessibility to | ||||||
21 | authorized law enforcement, the Department of Public Health | ||||||
22 | where processing takes place, and the Department of | ||||||
23 | Agriculture in real time. | ||||||
24 | (c) All cultivation of cannabis by a cultivation center | ||||||
25 | must take place in an enclosed, locked facility at the |
| |||||||
| |||||||
1 | physical address provided to the Department of Agriculture | ||||||
2 | during the licensing process. The cultivation center location | ||||||
3 | shall only be accessed by the agents working for the | ||||||
4 | cultivation center, the Department of Agriculture staff | ||||||
5 | performing inspections, the Department of Public Health staff | ||||||
6 | performing inspections, local and State law enforcement or | ||||||
7 | other emergency personnel, contractors working on jobs | ||||||
8 | unrelated to cannabis, such as installing or maintaining | ||||||
9 | security devices or performing electrical wiring, transporting | ||||||
10 | organization agents as provided in this Act, individuals in a | ||||||
11 | mentoring or educational program approved by the State, or | ||||||
12 | other individuals as provided by rule. | ||||||
13 | (d) A cultivation center may not sell or distribute any | ||||||
14 | cannabis or cannabis-infused products to any person other than | ||||||
15 | a dispensing organization, craft grower, infuser organization, | ||||||
16 | transporter, or as otherwise authorized by rule. | ||||||
17 | (e) A cultivation center may not either directly or | ||||||
18 | indirectly discriminate in price between different dispensing | ||||||
19 | organizations, craft growers, or infuser organizations that | ||||||
20 | are purchasing a like grade, strain, brand, and quality of | ||||||
21 | cannabis or cannabis-infused product. Nothing in this | ||||||
22 | subsection (e) prevents a cultivation center from pricing | ||||||
23 | cannabis differently based on differences in the cost of | ||||||
24 | manufacturing or processing, the quantities sold, such as | ||||||
25 | volume discounts, or the way the products are delivered. | ||||||
26 | (f) All cannabis harvested by a cultivation center and |
| |||||||
| |||||||
1 | intended for distribution to a dispensing organization must be | ||||||
2 | entered into a data collection system, packaged and labeled | ||||||
3 | under Section 55-21, and placed into a cannabis container for | ||||||
4 | transport. All cannabis harvested by a cultivation center and | ||||||
5 | intended for distribution to a craft grower or infuser | ||||||
6 | organization must be packaged in a labeled cannabis container | ||||||
7 | and entered into a data collection system before transport. | ||||||
8 | (g) Cultivation centers are subject to random inspections | ||||||
9 | by the Department of Agriculture, the Department of Public | ||||||
10 | Health, local safety or health inspectors, the Illinois State | ||||||
11 | Police, or as provided by rule. | ||||||
12 | (h) A cultivation center agent shall notify local law | ||||||
13 | enforcement, the Illinois State Police, and the Department of | ||||||
14 | Agriculture within 24 hours of the discovery of any loss or | ||||||
15 | theft. Notification shall be made by phone or in person, or by | ||||||
16 | written or electronic communication. | ||||||
17 | (i) A cultivation center shall comply with all State and | ||||||
18 | any applicable federal rules and regulations regarding the use | ||||||
19 | of pesticides on cannabis plants. | ||||||
20 | (j) No person or entity shall hold any legal, equitable, | ||||||
21 | ownership, or beneficial interest, directly or indirectly, of | ||||||
22 | more than 3 cultivation centers licensed under this Article. | ||||||
23 | Further, no person or entity that is employed by, an agent of, | ||||||
24 | has a contract to receive payment in any form from a | ||||||
25 | cultivation center, is a principal officer of a cultivation | ||||||
26 | center, or entity controlled by or affiliated with a principal |
| |||||||
| |||||||
1 | officer of a cultivation shall hold any legal, equitable, | ||||||
2 | ownership, or beneficial interest, directly or indirectly, in | ||||||
3 | a cultivation that would result in the person or entity owning | ||||||
4 | or controlling in combination with any cultivation center, | ||||||
5 | principal officer of a cultivation center, or entity | ||||||
6 | controlled or affiliated with a principal officer of a | ||||||
7 | cultivation center by which he, she, or it is employed, is an | ||||||
8 | agent of, or participates in the management of, more than 3 | ||||||
9 | cultivation center licenses. | ||||||
10 | (k) A cultivation center may not contain more than 210,000 | ||||||
11 | square feet of canopy space for plants in the flowering stage | ||||||
12 | for cultivation of adult use cannabis as provided in this Act. | ||||||
13 | (l) A cultivation center may process cannabis, cannabis | ||||||
14 | concentrates, and cannabis-infused products. | ||||||
15 | (m) Beginning July 1, 2020, a cultivation center shall not | ||||||
16 | transport cannabis or cannabis-infused products to a craft | ||||||
17 | grower, dispensing organization, infuser organization, or | ||||||
18 | laboratory licensed under this Act, unless it has obtained a | ||||||
19 | transporting organization license. | ||||||
20 | (n) It is unlawful for any person having a cultivation | ||||||
21 | center license or any officer, associate, member, | ||||||
22 | representative, or agent of such licensee to offer or deliver | ||||||
23 | money, or anything else of value, directly or indirectly to | ||||||
24 | any person having an Early Approval Adult Use Dispensing | ||||||
25 | Organization License, a Conditional Adult Use Dispensing | ||||||
26 | Organization License, an Adult Use Dispensing Organization |
| |||||||
| |||||||
1 | License, or a medical cannabis dispensing organization license | ||||||
2 | issued under the Compassionate Use of Medical Cannabis Program | ||||||
3 | Act, or to any person connected with or in any way | ||||||
4 | representing, or to any member of the family of, such person | ||||||
5 | holding an Early Approval Adult Use Dispensing Organization | ||||||
6 | License, a Conditional Adult Use Dispensing Organization | ||||||
7 | License, an Adult Use Dispensing Organization License, or a | ||||||
8 | medical cannabis dispensing organization license issued under | ||||||
9 | the Compassionate Use of Medical Cannabis Program Act, or to | ||||||
10 | any stockholders in any corporation engaged in the retail sale | ||||||
11 | of cannabis, or to any officer, manager, agent, or | ||||||
12 | representative of the Early Approval Adult Use Dispensing | ||||||
13 | Organization License, a Conditional Adult Use Dispensing | ||||||
14 | Organization License, an Adult Use Dispensing Organization | ||||||
15 | License, or a medical cannabis dispensing organization license | ||||||
16 | issued under the Compassionate Use of Medical Cannabis Program | ||||||
17 | Act to obtain preferential placement within the dispensing | ||||||
18 | organization, including, without limitation, on shelves and in | ||||||
19 | display cases where purchasers can view products, or on the | ||||||
20 | dispensing organization's website. | ||||||
21 | (o) A cultivation center must comply with any other | ||||||
22 | requirements or prohibitions set by administrative rule of the | ||||||
23 | Department of Agriculture.
| ||||||
24 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
25 | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised 11-9-21.) |
| |||||||
| |||||||
1 | (410 ILCS 705/25-30) | ||||||
2 | (Section scheduled to be repealed on July 1, 2026)
| ||||||
3 | Sec. 25-30. Inspection rights. | ||||||
4 | (a) A licensee's enclosed, locked facilities are subject | ||||||
5 | to random inspections by the Department, the Illinois State | ||||||
6 | Police, or as provided by rule. | ||||||
7 | (b) Nothing in this Section shall be construed to give the | ||||||
8 | Department, the Illinois State Police, or any other entity | ||||||
9 | identified by rule under subsection (a) a right of inspection | ||||||
10 | or access to any location on the licensee's premises beyond | ||||||
11 | the facilities licensed under this Article.
| ||||||
12 | (Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; | ||||||
13 | 102-538, eff. 8-20-21; revised 10-21-21.) | ||||||
14 | (410 ILCS 705/25-35) | ||||||
15 | (Section scheduled to be repealed on July 1, 2026)
| ||||||
16 | Sec. 25-35. Community College Cannabis Vocational Training | ||||||
17 | Pilot Program faculty participant agent identification card. | ||||||
18 | (a) The Department shall: | ||||||
19 | (1) establish by rule the information required in an | ||||||
20 | initial application or renewal application for an agent | ||||||
21 | identification card submitted under this Article and the | ||||||
22 | nonrefundable fee to accompany the initial application or | ||||||
23 | renewal application; | ||||||
24 | (2) verify the information contained in an initial | ||||||
25 | application or renewal application for an agent |
| |||||||
| |||||||
1 | identification card submitted under this Article, and | ||||||
2 | approve or deny an application within 30 days of receiving | ||||||
3 | a completed initial application or renewal application and | ||||||
4 | all supporting documentation required by rule; | ||||||
5 | (3) issue an agent identification card to a qualifying | ||||||
6 | agent within 15 business days of approving the initial | ||||||
7 | application or renewal application; | ||||||
8 | (4) enter the license number of the community college | ||||||
9 | where the agent works; and | ||||||
10 | (5) allow for an electronic initial application and | ||||||
11 | renewal application process, and provide a confirmation by | ||||||
12 | electronic or other methods that an application has been | ||||||
13 | submitted. Each Department may by rule require prospective | ||||||
14 | agents to file their applications by electronic means and | ||||||
15 | to provide notices to the agents by electronic means. | ||||||
16 | (b) An agent must keep his or her identification card | ||||||
17 | visible at all times when in the enclosed, locked facility, or | ||||||
18 | facilities for which he or she is an agent. | ||||||
19 | (c) The agent identification cards shall contain the | ||||||
20 | following: | ||||||
21 | (1) the name of the cardholder; | ||||||
22 | (2) the date of issuance and expiration date of the | ||||||
23 | identification card; | ||||||
24 | (3) a random 10-digit alphanumeric identification | ||||||
25 | number containing at least 4 numbers and at least 4 | ||||||
26 | letters that is unique to the holder; |
| |||||||
| |||||||
1 | (4) a photograph of the cardholder; and | ||||||
2 | (5) the legal name of the community college employing | ||||||
3 | the agent. | ||||||
4 | (d) An agent identification card shall be immediately | ||||||
5 | returned to the community college of the agent upon | ||||||
6 | termination of his or her employment. | ||||||
7 | (e) Any agent identification card lost shall be reported | ||||||
8 | to the Illinois State Police and the Department of Agriculture | ||||||
9 | immediately upon discovery of the loss. | ||||||
10 | (f) An agent applicant may begin employment at a Community | ||||||
11 | College Cannabis Vocational Training Pilot Program while the | ||||||
12 | agent applicant's identification card application is pending. | ||||||
13 | Upon approval, the Department shall issue the agent's | ||||||
14 | identification card to the agent. If denied, the Community | ||||||
15 | College Cannabis Vocational Training Pilot Program and the | ||||||
16 | agent applicant shall be notified and the agent applicant must | ||||||
17 | cease all activity at the Community College Cannabis | ||||||
18 | Vocational Training Pilot Program immediately.
| ||||||
19 | (Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; | ||||||
20 | 102-538, eff. 8-20-21; revised 10-21-21.) | ||||||
21 | (410 ILCS 705/30-30)
| ||||||
22 | Sec. 30-30. Craft grower requirements; prohibitions. | ||||||
23 | (a) The operating documents of a craft grower shall | ||||||
24 | include procedures for the oversight of the craft grower, a | ||||||
25 | cannabis plant monitoring system including a physical |
| |||||||
| |||||||
1 | inventory recorded weekly, accurate recordkeeping, and a | ||||||
2 | staffing plan. | ||||||
3 | (b) A craft grower shall implement a security plan | ||||||
4 | reviewed by the Illinois State Police that includes, but is | ||||||
5 | not limited to: facility access controls, perimeter intrusion | ||||||
6 | detection systems, personnel identification systems, and a | ||||||
7 | 24-hour surveillance system to monitor the interior and | ||||||
8 | exterior of the craft grower facility and that is accessible | ||||||
9 | to authorized law enforcement and the Department of | ||||||
10 | Agriculture in real time. | ||||||
11 | (c) All cultivation of cannabis by a craft grower must | ||||||
12 | take place in an enclosed, locked facility at the physical | ||||||
13 | address provided to the Department of Agriculture during the | ||||||
14 | licensing process. The craft grower location shall only be | ||||||
15 | accessed by the agents working for the craft grower, the | ||||||
16 | Department of Agriculture staff performing inspections, the | ||||||
17 | Department of Public Health staff performing inspections, | ||||||
18 | State and local law enforcement or other emergency personnel, | ||||||
19 | contractors working on jobs unrelated to cannabis, such as | ||||||
20 | installing or maintaining security devices or performing | ||||||
21 | electrical wiring, transporting organization agents as | ||||||
22 | provided in this Act, or participants in the incubator | ||||||
23 | program, individuals in a mentoring or educational program | ||||||
24 | approved by the State, or other individuals as provided by | ||||||
25 | rule. However, if a craft grower shares a premises with an | ||||||
26 | infuser or dispensing organization, agents from those other |
| |||||||
| |||||||
1 | licensees may access the craft grower portion of the premises | ||||||
2 | if that is the location of common bathrooms, lunchrooms, | ||||||
3 | locker rooms, or other areas of the building where work or | ||||||
4 | cultivation of cannabis is not performed. At no time may an | ||||||
5 | infuser or dispensing organization agent perform work at a | ||||||
6 | craft grower without being a registered agent of the craft | ||||||
7 | grower. | ||||||
8 | (d) A craft grower may not sell or distribute any cannabis | ||||||
9 | to any person other than a cultivation center, a craft grower, | ||||||
10 | an infuser organization, a dispensing organization, or as | ||||||
11 | otherwise authorized by rule. | ||||||
12 | (e) A craft grower may not be located in an area zoned for | ||||||
13 | residential use. | ||||||
14 | (f) A craft grower may not either directly or indirectly | ||||||
15 | discriminate in price between different cannabis business | ||||||
16 | establishments that are purchasing a like grade, strain, | ||||||
17 | brand, and quality of cannabis or cannabis-infused product. | ||||||
18 | Nothing in this subsection (f) prevents a craft grower from | ||||||
19 | pricing cannabis differently based on differences in the cost | ||||||
20 | of manufacturing or processing, the quantities sold, such as | ||||||
21 | volume discounts, or the way the products are delivered. | ||||||
22 | (g) All cannabis harvested by a craft grower and intended | ||||||
23 | for distribution to a dispensing organization must be entered | ||||||
24 | into a data collection system, packaged and labeled under | ||||||
25 | Section 55-21, and, if distribution is to a dispensing | ||||||
26 | organization that does not share a premises with the |
| |||||||
| |||||||
1 | dispensing organization receiving the cannabis, placed into a | ||||||
2 | cannabis container for transport. All cannabis harvested by a | ||||||
3 | craft grower and intended for distribution to a cultivation | ||||||
4 | center, to an infuser organization, or to a craft grower with | ||||||
5 | which it does not share a premises, must be packaged in a | ||||||
6 | labeled cannabis container and entered into a data collection | ||||||
7 | system before transport. | ||||||
8 | (h) Craft growers are subject to random inspections by the | ||||||
9 | Department of Agriculture, local safety or health inspectors, | ||||||
10 | the Illinois State Police, or as provided by rule. | ||||||
11 | (i) A craft grower agent shall notify local law | ||||||
12 | enforcement, the Illinois State Police, and the Department of | ||||||
13 | Agriculture within 24 hours of the discovery of any loss or | ||||||
14 | theft. Notification shall be made by phone, in person, or | ||||||
15 | written or electronic communication. | ||||||
16 | (j) A craft grower shall comply with all State and any | ||||||
17 | applicable federal rules and regulations regarding the use of | ||||||
18 | pesticides. | ||||||
19 | (k) A craft grower or craft grower agent shall not | ||||||
20 | transport cannabis or cannabis-infused products to any other | ||||||
21 | cannabis business establishment without a transport | ||||||
22 | organization license unless: | ||||||
23 | (i) If the craft grower is located in a county with a | ||||||
24 | population of 3,000,000 or more, the cannabis business | ||||||
25 | establishment receiving the cannabis is within 2,000 feet | ||||||
26 | of the property line of the craft grower; |
| |||||||
| |||||||
1 | (ii) If the craft grower is located in a county with a | ||||||
2 | population of more than 700,000 but fewer than 3,000,000, | ||||||
3 | the cannabis business establishment receiving the cannabis | ||||||
4 | is within 2 miles of the craft grower; or | ||||||
5 | (iii) If the craft grower is located in a county with a | ||||||
6 | population of fewer than 700,000, the cannabis business | ||||||
7 | establishment receiving the cannabis is within 15 miles of | ||||||
8 | the craft grower. | ||||||
9 | (l) A craft grower may enter into a contract with a | ||||||
10 | transporting organization to transport cannabis to a | ||||||
11 | cultivation center, a craft grower, an infuser organization, a | ||||||
12 | dispensing organization, or a laboratory. | ||||||
13 | (m) No person or entity shall hold any legal, equitable, | ||||||
14 | ownership, or beneficial interest, directly or indirectly, of | ||||||
15 | more than 3 craft grower licenses. Further, no person or | ||||||
16 | entity that is employed by, an agent of, or has a contract to | ||||||
17 | receive payment from or participate in the management of a | ||||||
18 | craft grower, is a principal officer of a craft grower, or | ||||||
19 | entity controlled by or affiliated with a principal officer of | ||||||
20 | a craft grower shall hold any legal, equitable, ownership, or | ||||||
21 | beneficial interest, directly or indirectly, in a craft grower | ||||||
22 | license that would result in the person or entity owning or | ||||||
23 | controlling in combination with any craft grower, principal | ||||||
24 | officer of a craft grower, or entity controlled or affiliated | ||||||
25 | with a principal officer of a craft grower by which he, she, or | ||||||
26 | it is employed, is an agent of, or participates in the |
| |||||||
| |||||||
1 | management of more than 3 craft grower licenses. | ||||||
2 | (n) It is unlawful for any person having a craft grower | ||||||
3 | license or any officer, associate, member, representative, or | ||||||
4 | agent of the licensee to offer or deliver money, or anything | ||||||
5 | else of value, directly or indirectly, to any person having an | ||||||
6 | Early Approval Adult Use Dispensing Organization License, a | ||||||
7 | Conditional Adult Use Dispensing Organization License, an | ||||||
8 | Adult Use Dispensing Organization License, or a medical | ||||||
9 | cannabis dispensing organization license issued under the | ||||||
10 | Compassionate Use of Medical Cannabis Program Act, or to any | ||||||
11 | person connected with or in any way representing, or to any | ||||||
12 | member of the family of, the person holding an Early Approval | ||||||
13 | Adult Use Dispensing Organization License, a Conditional Adult | ||||||
14 | Use Dispensing Organization License, an Adult Use Dispensing | ||||||
15 | Organization License, or a medical cannabis dispensing | ||||||
16 | organization license issued under the Compassionate Use of | ||||||
17 | Medical Cannabis Program Act, or to any stockholders in any | ||||||
18 | corporation engaged in the retail sale of cannabis, or to any | ||||||
19 | officer, manager, agent, or representative of the Early | ||||||
20 | Approval Adult Use Dispensing Organization License, a | ||||||
21 | Conditional Adult Use Dispensing Organization License, an | ||||||
22 | Adult Use Dispensing Organization License, or a medical | ||||||
23 | cannabis dispensing organization license issued under the | ||||||
24 | Compassionate Use of Medical Cannabis Program Act to obtain | ||||||
25 | preferential placement within the dispensing organization, | ||||||
26 | including, without limitation, on shelves and in display cases |
| |||||||
| |||||||
1 | where purchasers can view products, or on the dispensing | ||||||
2 | organization's website. | ||||||
3 | (o) A craft grower shall not be located within 1,500 feet | ||||||
4 | of another craft grower or a cultivation center. | ||||||
5 | (p) A craft grower may process cannabis, cannabis | ||||||
6 | concentrates, and cannabis-infused products. | ||||||
7 | (q) A craft grower must comply with any other requirements | ||||||
8 | or prohibitions set by administrative rule of the Department | ||||||
9 | of Agriculture.
| ||||||
10 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
11 | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised | ||||||
12 | 10-21-21.) | ||||||
13 | (410 ILCS 705/35-25)
| ||||||
14 | Sec. 35-25. Infuser organization requirements; | ||||||
15 | prohibitions. | ||||||
16 | (a) The operating documents of an infuser shall include | ||||||
17 | procedures for the oversight of the infuser, an inventory | ||||||
18 | monitoring system including a physical inventory recorded | ||||||
19 | weekly, accurate recordkeeping, and a staffing plan. | ||||||
20 | (b) An infuser shall implement a security plan reviewed by | ||||||
21 | the Illinois State Police that includes, but is not limited | ||||||
22 | to: facility access controls, perimeter intrusion detection | ||||||
23 | systems, personnel identification systems, and a 24-hour | ||||||
24 | surveillance system to monitor the interior and exterior of | ||||||
25 | the infuser facility and that is accessible to authorized law |
| |||||||
| |||||||
1 | enforcement, the Department of Public Health, and the | ||||||
2 | Department of Agriculture in real time. | ||||||
3 | (c) All processing of cannabis by an infuser must take | ||||||
4 | place in an enclosed, locked facility at the physical address | ||||||
5 | provided to the Department of Agriculture during the licensing | ||||||
6 | process. The infuser location shall only be accessed by the | ||||||
7 | agents working for the infuser, the Department of Agriculture | ||||||
8 | staff performing inspections, the Department of Public Health | ||||||
9 | staff performing inspections, State and local law enforcement | ||||||
10 | or other emergency personnel, contractors working on jobs | ||||||
11 | unrelated to cannabis, such as installing or maintaining | ||||||
12 | security devices or performing electrical wiring, transporting | ||||||
13 | organization agents as provided in this Act, participants in | ||||||
14 | the incubator program, individuals in a mentoring or | ||||||
15 | educational program approved by the State, local safety or | ||||||
16 | health inspectors, or other individuals as provided by rule. | ||||||
17 | However, if an infuser shares a premises with a craft grower or | ||||||
18 | dispensing organization, agents from these other licensees may | ||||||
19 | access the infuser portion of the premises if that is the | ||||||
20 | location of common bathrooms, lunchrooms, locker rooms, or | ||||||
21 | other areas of the building where processing of cannabis is | ||||||
22 | not performed. At no time may a craft grower or dispensing | ||||||
23 | organization agent perform work at an infuser without being a | ||||||
24 | registered agent of the infuser. | ||||||
25 | (d) An infuser may not sell or distribute any cannabis to | ||||||
26 | any person other than a dispensing organization, or as |
| |||||||
| |||||||
1 | otherwise authorized by rule. | ||||||
2 | (e) An infuser may not either directly or indirectly | ||||||
3 | discriminate in price between different cannabis business | ||||||
4 | establishments that are purchasing a like grade, strain, | ||||||
5 | brand, and quality of cannabis or cannabis-infused product. | ||||||
6 | Nothing in this subsection (e) prevents an infuser from | ||||||
7 | pricing cannabis differently based on differences in the cost | ||||||
8 | of manufacturing or processing, the quantities sold, such | ||||||
9 | volume discounts, or the way the products are delivered. | ||||||
10 | (f) All cannabis infused by an infuser and intended for | ||||||
11 | distribution to a dispensing organization must be entered into | ||||||
12 | a data collection system, packaged and labeled under Section | ||||||
13 | 55-21, and, if distribution is to a dispensing organization | ||||||
14 | that does not share a premises with the infuser, placed into a | ||||||
15 | cannabis container for transport. All cannabis produced by an | ||||||
16 | infuser and intended for distribution to a cultivation center, | ||||||
17 | infuser organization, or craft grower with which it does not | ||||||
18 | share a premises, must be packaged in a labeled cannabis | ||||||
19 | container and entered into a data collection system before | ||||||
20 | transport. | ||||||
21 | (g) Infusers are subject to random inspections by the | ||||||
22 | Department of Agriculture, the Department of Public Health, | ||||||
23 | the Illinois State Police, local law enforcement, or as | ||||||
24 | provided by rule. | ||||||
25 | (h) An infuser agent shall notify local law enforcement, | ||||||
26 | the Illinois State Police, and the Department of Agriculture |
| |||||||
| |||||||
1 | within 24 hours of the discovery of any loss or theft. | ||||||
2 | Notification shall be made by phone, in person, or by written | ||||||
3 | or electronic communication. | ||||||
4 | (i) An infuser organization may not be located in an area | ||||||
5 | zoned for residential use. | ||||||
6 | (j) An infuser or infuser agent shall not transport | ||||||
7 | cannabis or cannabis-infused products to any other cannabis | ||||||
8 | business establishment without a transport organization | ||||||
9 | license unless: | ||||||
10 | (i) If the infuser is located in a county with a | ||||||
11 | population of 3,000,000 or more, the cannabis business | ||||||
12 | establishment receiving the cannabis or cannabis-infused | ||||||
13 | product is within 2,000 feet of the property line of the | ||||||
14 | infuser; | ||||||
15 | (ii) If the infuser is located in a county with a | ||||||
16 | population of more than 700,000 but fewer than 3,000,000, | ||||||
17 | the cannabis business establishment receiving the cannabis | ||||||
18 | or cannabis-infused product is within 2 miles of the | ||||||
19 | infuser; or | ||||||
20 | (iii) If the infuser is located in a county with a | ||||||
21 | population of fewer than 700,000, the cannabis business | ||||||
22 | establishment receiving the cannabis or cannabis-infused | ||||||
23 | product is within 15 miles of the infuser. | ||||||
24 | (k) An infuser may enter into a contract with a | ||||||
25 | transporting organization to transport cannabis to a | ||||||
26 | dispensing organization or a laboratory. |
| |||||||
| |||||||
1 | (l) An infuser organization may share premises with a | ||||||
2 | craft grower or a dispensing organization, or both, provided | ||||||
3 | each licensee stores currency and cannabis or cannabis-infused | ||||||
4 | products in a separate secured vault to which the other | ||||||
5 | licensee does not have access or all licensees sharing a vault | ||||||
6 | share more than 50% of the same ownership. | ||||||
7 | (m) It is unlawful for any person or entity having an | ||||||
8 | infuser organization license or any officer, associate, | ||||||
9 | member, representative or agent of such licensee to offer or | ||||||
10 | deliver money, or anything else of value, directly or | ||||||
11 | indirectly to any person having an Early Approval Adult Use | ||||||
12 | Dispensing Organization License, a Conditional Adult Use | ||||||
13 | Dispensing Organization License, an Adult Use Dispensing | ||||||
14 | Organization License, or a medical cannabis dispensing | ||||||
15 | organization license issued under the Compassionate Use of | ||||||
16 | Medical Cannabis Program Act, or to any person connected with | ||||||
17 | or in any way representing, or to any member of the family of, | ||||||
18 | such person holding an Early Approval Adult Use Dispensing | ||||||
19 | Organization License, a Conditional Adult Use Dispensing | ||||||
20 | Organization License, an Adult Use Dispensing Organization | ||||||
21 | License, or a medical cannabis dispensing organization license | ||||||
22 | issued under the Compassionate Use of Medical Cannabis Program | ||||||
23 | Act, or to any stockholders in any corporation engaged the | ||||||
24 | retail sales of cannabis, or to any officer, manager, agent, | ||||||
25 | or representative of the Early Approval Adult Use Dispensing | ||||||
26 | Organization License, a Conditional Adult Use Dispensing |
| |||||||
| |||||||
1 | Organization License, an Adult Use Dispensing Organization | ||||||
2 | License, or a medical cannabis dispensing organization license | ||||||
3 | issued under the Compassionate Use of Medical Cannabis Program | ||||||
4 | Act to obtain preferential placement within the dispensing | ||||||
5 | organization, including, without limitation, on shelves and in | ||||||
6 | display cases where purchasers can view products, or on the | ||||||
7 | dispensing organization's website. | ||||||
8 | (n) At no time shall an infuser organization or an infuser | ||||||
9 | agent perform the extraction of cannabis concentrate from | ||||||
10 | cannabis flower.
| ||||||
11 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
12 | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised | ||||||
13 | 10-14-21.) | ||||||
14 | (410 ILCS 705/35-30)
| ||||||
15 | Sec. 35-30. Infuser agent identification card. | ||||||
16 | (a) The Department of Agriculture shall: | ||||||
17 | (1) establish by rule the information required in an | ||||||
18 | initial application or renewal application for an agent | ||||||
19 | identification card submitted under this Act and the | ||||||
20 | nonrefundable fee to accompany the initial application or | ||||||
21 | renewal application; | ||||||
22 | (2) verify the information contained in an initial | ||||||
23 | application or renewal application for an agent | ||||||
24 | identification card submitted under this Act, and approve | ||||||
25 | or deny an application within 30 days of receiving a |
| |||||||
| |||||||
1 | completed initial application or renewal application and | ||||||
2 | all supporting documentation required by rule; | ||||||
3 | (3) issue an agent identification card to a qualifying | ||||||
4 | agent within 15 business days of approving the initial | ||||||
5 | application or renewal application; | ||||||
6 | (4) enter the license number of the infuser where the | ||||||
7 | agent works; and | ||||||
8 | (5) allow for an electronic initial application and | ||||||
9 | renewal application process, and provide a confirmation by | ||||||
10 | electronic or other methods that an application has been | ||||||
11 | submitted. The Department of Agriculture may by rule | ||||||
12 | require prospective agents to file their applications by | ||||||
13 | electronic means and provide notices to the agents by | ||||||
14 | electronic means. | ||||||
15 | (b) An agent must keep his or her identification card | ||||||
16 | visible at all times when on the property of a cannabis | ||||||
17 | business establishment including the cannabis business | ||||||
18 | establishment for which he or she is an agent. | ||||||
19 | (c) The agent identification cards shall contain the | ||||||
20 | following: | ||||||
21 | (1) the name of the cardholder; | ||||||
22 | (2) the date of issuance and expiration date of the | ||||||
23 | identification card; | ||||||
24 | (3) a random 10-digit alphanumeric identification | ||||||
25 | number containing at least 4 numbers and at least 4 | ||||||
26 | letters that is unique to the holder; |
| |||||||
| |||||||
1 | (4) a photograph of the cardholder; and | ||||||
2 | (5) the legal name of the infuser organization | ||||||
3 | employing the agent. | ||||||
4 | (d) An agent identification card shall be immediately | ||||||
5 | returned to the infuser organization of the agent upon | ||||||
6 | termination of his or her employment. | ||||||
7 | (e) Any agent identification card lost by a transporting | ||||||
8 | agent shall be reported to the Illinois State Police and the | ||||||
9 | Department of Agriculture immediately upon discovery of the | ||||||
10 | loss. | ||||||
11 | (f) An agent applicant may begin employment at an infuser | ||||||
12 | organization while the agent applicant's identification card | ||||||
13 | application is pending. Upon approval, the Department shall | ||||||
14 | issue the agent's identification card to the agent. If denied, | ||||||
15 | the infuser organization and the agent applicant shall be | ||||||
16 | notified and the agent applicant must cease all activity at | ||||||
17 | the infuser organization immediately.
| ||||||
18 | (Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; | ||||||
19 | 102-538, eff. 8-20-21; revised 10-14-21.) | ||||||
20 | (410 ILCS 705/40-25)
| ||||||
21 | Sec. 40-25. Transporting organization requirements; | ||||||
22 | prohibitions. | ||||||
23 | (a) The operating documents of a transporting organization | ||||||
24 | shall include procedures for the oversight of the transporter, | ||||||
25 | an inventory monitoring system including a physical inventory |
| |||||||
| |||||||
1 | recorded weekly, accurate recordkeeping, and a staffing plan. | ||||||
2 | (b) A transporting organization may not transport cannabis | ||||||
3 | or cannabis-infused products to any person other than a | ||||||
4 | cultivation center, a craft grower, an infuser organization, a | ||||||
5 | dispensing organization, a testing facility, or as otherwise | ||||||
6 | authorized by rule. | ||||||
7 | (c) All cannabis transported by a transporting | ||||||
8 | organization must be entered into a data collection system and | ||||||
9 | placed into a cannabis container for transport. | ||||||
10 | (d) Transporters are subject to random inspections by the | ||||||
11 | Department of Agriculture, the Department of Public Health, | ||||||
12 | the Illinois State Police, or as provided by rule. | ||||||
13 | (e) A transporting organization agent shall notify local | ||||||
14 | law enforcement, the Illinois State Police, and the Department | ||||||
15 | of Agriculture within 24 hours of the discovery of any loss or | ||||||
16 | theft. Notification shall be made by phone, in person, or by | ||||||
17 | written or electronic communication. | ||||||
18 | (f) No person under the age of 21 years shall be in a | ||||||
19 | commercial vehicle or trailer transporting cannabis goods. | ||||||
20 | (g) No person or individual who is not a transporting | ||||||
21 | organization agent shall be in a vehicle while transporting | ||||||
22 | cannabis goods. | ||||||
23 | (h) Transporters may not use commercial motor vehicles | ||||||
24 | with a weight rating of over 10,001 pounds. | ||||||
25 | (i) It is unlawful for any person to offer or deliver | ||||||
26 | money, or anything else of value, directly or indirectly, to |
| |||||||
| |||||||
1 | any of the following persons to obtain preferential placement | ||||||
2 | within the dispensing organization, including, without | ||||||
3 | limitation, on shelves and in display cases where purchasers | ||||||
4 | can view products, or on the dispensing organization's | ||||||
5 | website: | ||||||
6 | (1) a person having a transporting organization | ||||||
7 | license, or any officer, associate, member, | ||||||
8 | representative, or agent of the licensee; | ||||||
9 | (2) a person having an Early Applicant Adult Use | ||||||
10 | Dispensing Organization License, an Adult Use Dispensing | ||||||
11 | Organization License, or a medical cannabis dispensing | ||||||
12 | organization license issued under the Compassionate Use of | ||||||
13 | Medical Cannabis Program Act; | ||||||
14 | (3) a person connected with or in any way | ||||||
15 | representing, or a member of the family of, a person | ||||||
16 | holding an Early Applicant Adult Use Dispensing | ||||||
17 | Organization License, an Adult Use Dispensing Organization | ||||||
18 | License, or a medical cannabis dispensing organization | ||||||
19 | license issued under the Compassionate Use of Medical | ||||||
20 | Cannabis Program Act; or | ||||||
21 | (4) a stockholder, officer, manager, agent, or | ||||||
22 | representative of a corporation engaged in the retail sale | ||||||
23 | of cannabis, an Early Applicant Adult Use Dispensing | ||||||
24 | Organization License, an Adult Use Dispensing Organization | ||||||
25 | License, or a medical cannabis dispensing organization | ||||||
26 | license issued under the Compassionate Use of Medical |
| |||||||
| |||||||
1 | Cannabis Program Act. | ||||||
2 | (j) A transporting organization agent must keep his or her | ||||||
3 | identification card visible at all times when on the property | ||||||
4 | of a cannabis business establishment and during the | ||||||
5 | transporting of cannabis when acting under his or her duties | ||||||
6 | as a transportation organization agent. During these times, | ||||||
7 | the transporting organization agent must also provide the | ||||||
8 | identification card upon request of any law enforcement | ||||||
9 | officer engaged in his or her official duties. | ||||||
10 | (k) A copy of the transporting organization's registration | ||||||
11 | and a manifest for the delivery shall be present in any vehicle | ||||||
12 | transporting cannabis. | ||||||
13 | (l) Cannabis shall be transported so it is not visible or | ||||||
14 | recognizable from outside the vehicle. | ||||||
15 | (m) A vehicle transporting cannabis must not bear any | ||||||
16 | markings to indicate the vehicle contains
cannabis or bear the | ||||||
17 | name or logo of the cannabis business establishment. | ||||||
18 | (n) Cannabis must be transported in an enclosed, locked | ||||||
19 | storage compartment that is secured or affixed to the vehicle. | ||||||
20 | (o) The Department of Agriculture may, by rule, impose any | ||||||
21 | other requirements or prohibitions on the transportation of | ||||||
22 | cannabis.
| ||||||
23 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
24 | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised | ||||||
25 | 10-14-21.) |
| |||||||
| |||||||
1 | (410 ILCS 705/40-30)
| ||||||
2 | Sec. 40-30. Transporting agent identification card. | ||||||
3 | (a) The Department of Agriculture shall: | ||||||
4 | (1) establish by rule the information required in an | ||||||
5 | initial application or renewal application for an agent | ||||||
6 | identification card submitted under this Act and the | ||||||
7 | nonrefundable fee to accompany the initial application or | ||||||
8 | renewal application; | ||||||
9 | (2) verify the information contained in an initial | ||||||
10 | application or renewal application for an agent | ||||||
11 | identification card submitted under this Act and approve | ||||||
12 | or deny an application within 30 days of receiving a | ||||||
13 | completed initial application or renewal application and | ||||||
14 | all supporting documentation required by rule; | ||||||
15 | (3) issue an agent identification card to a qualifying | ||||||
16 | agent within 15 business days of approving the initial | ||||||
17 | application or renewal application; | ||||||
18 | (4) enter the license number of the transporting | ||||||
19 | organization where the agent works; and | ||||||
20 | (5) allow for an electronic initial application and | ||||||
21 | renewal application process, and provide a confirmation by | ||||||
22 | electronic or other methods that an application has been | ||||||
23 | submitted. The Department of Agriculture may by rule | ||||||
24 | require prospective agents to file their applications by | ||||||
25 | electronic means and provide notices to the agents by | ||||||
26 | electronic means. |
| |||||||
| |||||||
1 | (b) An agent must keep his or her identification card | ||||||
2 | visible at all times when on the property of a cannabis | ||||||
3 | business establishment, including the cannabis business | ||||||
4 | establishment for which he or she is an agent. | ||||||
5 | (c) The agent identification cards shall contain the | ||||||
6 | following: | ||||||
7 | (1) the name of the cardholder; | ||||||
8 | (2) the date of issuance and expiration date of the | ||||||
9 | identification card; | ||||||
10 | (3) a random 10-digit alphanumeric identification | ||||||
11 | number containing at least 4 numbers and at least 4 | ||||||
12 | letters that is unique to the holder; | ||||||
13 | (4) a photograph of the cardholder; and | ||||||
14 | (5) the legal name of the transporting organization | ||||||
15 | employing the agent. | ||||||
16 | (d) An agent identification card shall be immediately | ||||||
17 | returned to the transporting organization of the agent upon | ||||||
18 | termination of his or her employment. | ||||||
19 | (e) Any agent identification card lost by a transporting | ||||||
20 | agent shall be reported to the Illinois State Police and the | ||||||
21 | Department of Agriculture immediately upon discovery of the | ||||||
22 | loss. | ||||||
23 | (f) An application for an agent identification card shall | ||||||
24 | be denied if the applicant is delinquent in filing any | ||||||
25 | required tax returns or paying any amounts owed to the State of | ||||||
26 | Illinois.
|
| |||||||
| |||||||
1 | (g) An agent applicant may begin employment at a | ||||||
2 | transporting organization while the agent applicant's | ||||||
3 | identification card application is pending. Upon approval, the | ||||||
4 | Department shall issue the agent's identification card to the | ||||||
5 | agent. If denied, the transporting organization and the agent | ||||||
6 | applicant shall be notified and the agent applicant must cease | ||||||
7 | all activity at the transporting organization immediately. | ||||||
8 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
9 | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised | ||||||
10 | 10-14-21.) | ||||||
11 | (410 ILCS 705/55-30)
| ||||||
12 | Sec. 55-30. Confidentiality. | ||||||
13 | (a) Information provided by the cannabis business | ||||||
14 | establishment licensees or applicants to the Department of | ||||||
15 | Agriculture, the Department of Public Health, the Department | ||||||
16 | of Financial and Professional Regulation, the Department of | ||||||
17 | Commerce and Economic Opportunity, or other agency shall be | ||||||
18 | limited to information necessary for the purposes of | ||||||
19 | administering this Act. The information is subject to the | ||||||
20 | provisions and limitations contained in the Freedom of | ||||||
21 | Information Act and may be disclosed in accordance with | ||||||
22 | Section 55-65. | ||||||
23 | (b) The following information received and records kept by | ||||||
24 | the Department of Agriculture, the Department of Public | ||||||
25 | Health, the Illinois State Police, and the Department of |
| |||||||
| |||||||
1 | Financial and Professional Regulation for purposes of | ||||||
2 | administering this Article are subject to all applicable | ||||||
3 | federal privacy laws, are confidential and exempt from | ||||||
4 | disclosure under the Freedom of Information Act, except as | ||||||
5 | provided in this Act, and not subject to disclosure to any | ||||||
6 | individual or public or private entity, except to the | ||||||
7 | Department of Financial and Professional Regulation, the | ||||||
8 | Department of Agriculture, the Department of Public Health, | ||||||
9 | and the Illinois State Police as necessary to perform official | ||||||
10 | duties under this Article and to the Attorney General as | ||||||
11 | necessary to enforce the provisions of this Act. The following | ||||||
12 | information received and kept by the Department of Financial | ||||||
13 | and Professional Regulation or the Department of Agriculture | ||||||
14 | may be disclosed to the Department of Public Health, the | ||||||
15 | Department of Agriculture, the Department of Revenue, the | ||||||
16 | Illinois State Police, or the Attorney General upon proper | ||||||
17 | request: | ||||||
18 | (1) Applications and renewals, their contents, and | ||||||
19 | supporting information submitted by or on behalf of | ||||||
20 | dispensing organizations, cannabis business | ||||||
21 | establishments, or Community College Cannabis Vocational | ||||||
22 | Program licensees, in compliance with this Article, | ||||||
23 | including their physical addresses; however, this does not | ||||||
24 | preclude the release of ownership information about | ||||||
25 | cannabis business establishment licenses, or information | ||||||
26 | submitted with an application required to be disclosed |
| |||||||
| |||||||
1 | pursuant to subsection (f); | ||||||
2 | (2) Any plans, procedures, policies, or other records | ||||||
3 | relating to cannabis business establishment security; and | ||||||
4 | (3) Information otherwise exempt from disclosure by | ||||||
5 | State or federal law. | ||||||
6 | Illinois or national criminal history record information, | ||||||
7 | or the nonexistence or lack of such information, may not be | ||||||
8 | disclosed by the Department of Financial and Professional | ||||||
9 | Regulation or the Department of Agriculture, except as | ||||||
10 | necessary to the Attorney General to enforce this Act. | ||||||
11 | (c) The name and address of a dispensing organization | ||||||
12 | licensed under this Act shall be subject to disclosure under | ||||||
13 | the Freedom of Information Act. The name and cannabis business | ||||||
14 | establishment address of the person or entity holding each | ||||||
15 | cannabis business establishment license shall be subject to | ||||||
16 | disclosure. | ||||||
17 | (d) All information collected by the Department of | ||||||
18 | Financial and Professional Regulation or the Department of | ||||||
19 | Agriculture in the course of an examination, inspection, or | ||||||
20 | investigation of a licensee or applicant, including, but not | ||||||
21 | limited to, any complaint against a licensee or applicant | ||||||
22 | filed with the Department of Financial and Professional | ||||||
23 | Regulation or the Department of Agriculture and information | ||||||
24 | collected to investigate any such complaint, shall be | ||||||
25 | maintained for the confidential use of the Department of | ||||||
26 | Financial and Professional Regulation or the Department of |
| |||||||
| |||||||
1 | Agriculture and shall not be disclosed, except as otherwise | ||||||
2 | provided in this Act. A formal complaint against a licensee by | ||||||
3 | the Department of Financial and Professional Regulation or the | ||||||
4 | Department of Agriculture or any disciplinary order issued by | ||||||
5 | the Department of Financial and Professional Regulation or the | ||||||
6 | Department of Agriculture against a licensee or applicant | ||||||
7 | shall be a public record, except as otherwise provided by law. | ||||||
8 | Complaints from consumers or members of the general public | ||||||
9 | received regarding a specific, named licensee or complaints | ||||||
10 | regarding conduct by unlicensed entities shall be subject to | ||||||
11 | disclosure under the Freedom of Information Act. | ||||||
12 | (e) The Department of Agriculture, the Illinois State | ||||||
13 | Police, and the Department of Financial and Professional | ||||||
14 | Regulation shall not share or disclose any Illinois or | ||||||
15 | national criminal history record information, or the | ||||||
16 | nonexistence or lack of such information, to any person or | ||||||
17 | entity not expressly authorized by this Act. | ||||||
18 | (f) Each Department responsible for licensure under this | ||||||
19 | Act shall publish on the Department's website a list of the | ||||||
20 | ownership information of cannabis business establishment | ||||||
21 | licensees under the Department's jurisdiction. The list shall | ||||||
22 | include, but is not limited to: the name of the person or | ||||||
23 | entity holding each cannabis business establishment license; | ||||||
24 | and the address at which the entity is operating under this | ||||||
25 | Act. This list shall be published and updated monthly.
| ||||||
26 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
| |||||||
| |||||||
1 | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised | ||||||
2 | 10-14-21.) | ||||||
3 | Section 545. The Environmental Protection Act is amended | ||||||
4 | by changing Sections 3.330, 17.12, 21, 22.15, 22.59, and 39 as | ||||||
5 | follows:
| ||||||
6 | (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
| ||||||
7 | Sec. 3.330. Pollution control facility.
| ||||||
8 | (a) "Pollution control facility" is any waste storage | ||||||
9 | site, sanitary
landfill, waste disposal site, waste transfer | ||||||
10 | station, waste treatment
facility, or waste incinerator. This | ||||||
11 | includes sewers, sewage treatment
plants, and any other | ||||||
12 | facilities owned or operated by sanitary districts
organized | ||||||
13 | under the Metropolitan Water Reclamation District Act.
| ||||||
14 | The following are not pollution control facilities:
| ||||||
15 | (1) (blank);
| ||||||
16 | (2) waste storage sites regulated under 40 CFR , Part | ||||||
17 | 761.42;
| ||||||
18 | (3) sites or facilities used by any person conducting | ||||||
19 | a waste storage,
waste treatment, waste disposal, waste | ||||||
20 | transfer or waste incineration
operation, or a combination | ||||||
21 | thereof, for wastes generated by such person's
own | ||||||
22 | activities, when such wastes are stored, treated, disposed | ||||||
23 | of,
transferred or incinerated within the site or facility | ||||||
24 | owned, controlled or
operated by such person, or when such |
| |||||||
| |||||||
1 | wastes are transported within or
between sites or | ||||||
2 | facilities owned, controlled or operated by such person;
| ||||||
3 | (4) sites or facilities at which the State is | ||||||
4 | performing removal or
remedial action pursuant to Section | ||||||
5 | 22.2 or 55.3;
| ||||||
6 | (5) abandoned quarries used solely for the disposal of | ||||||
7 | concrete, earth
materials, gravel, or aggregate debris | ||||||
8 | resulting from road construction
activities conducted by a | ||||||
9 | unit of government or construction activities due
to the | ||||||
10 | construction and installation of underground pipes, lines, | ||||||
11 | conduit
or wires off of the premises of a public utility | ||||||
12 | company which are
conducted by a public utility;
| ||||||
13 | (6) sites or facilities used by any person to | ||||||
14 | specifically conduct a
landscape composting operation;
| ||||||
15 | (7) regional facilities as defined in the Central | ||||||
16 | Midwest Interstate
Low-Level Radioactive Waste Compact;
| ||||||
17 | (8) the portion of a site or facility where coal | ||||||
18 | combustion wastes are
stored or disposed of in accordance | ||||||
19 | with subdivision (r)(2) or (r)(3) of
Section 21;
| ||||||
20 | (9) the portion of a site or facility used for the | ||||||
21 | collection,
storage or processing of waste tires as | ||||||
22 | defined in Title XIV;
| ||||||
23 | (10) the portion of a site or facility used for | ||||||
24 | treatment of
petroleum contaminated materials by | ||||||
25 | application onto or incorporation into
the soil surface | ||||||
26 | and any portion of that site or facility used for storage
|
| |||||||
| |||||||
1 | of petroleum contaminated materials before treatment. Only | ||||||
2 | those categories
of petroleum listed in Section
57.9(a)(3) | ||||||
3 | are exempt under this subdivision (10);
| ||||||
4 | (11) the portion of a site or facility where used oil | ||||||
5 | is collected or
stored prior to shipment to a recycling or | ||||||
6 | energy recovery facility, provided
that the used oil is | ||||||
7 | generated by households or commercial establishments, and
| ||||||
8 | the site or facility is a recycling center or a business | ||||||
9 | where oil or gasoline
is sold at retail; | ||||||
10 | (11.5) processing sites or facilities that receive | ||||||
11 | only on-specification used oil, as defined in 35 Ill. Adm. | ||||||
12 | Admin. Code 739, originating from used oil collectors for | ||||||
13 | processing that is managed under 35 Ill. Adm. Admin. Code | ||||||
14 | 739 to produce products for sale to off-site petroleum | ||||||
15 | facilities, if these processing sites or facilities are: | ||||||
16 | (i) located within a home rule unit of local government | ||||||
17 | with a population of at least 30,000 according to the 2000 | ||||||
18 | federal census, that home rule unit of local government | ||||||
19 | has been designated as an Urban Round II Empowerment Zone | ||||||
20 | by the United States Department of Housing and Urban | ||||||
21 | Development, and that home rule unit of local government | ||||||
22 | has enacted an ordinance approving the location of the | ||||||
23 | site or facility and provided funding for the site or | ||||||
24 | facility; and (ii) in compliance with all applicable | ||||||
25 | zoning requirements;
| ||||||
26 | (12) the portion of a site or facility utilizing coal |
| |||||||
| |||||||
1 | combustion waste
for stabilization and treatment of only | ||||||
2 | waste generated on that site or
facility when used in | ||||||
3 | connection with response actions pursuant to the federal
| ||||||
4 | Comprehensive Environmental Response, Compensation, and | ||||||
5 | Liability Act of 1980,
the federal Resource Conservation | ||||||
6 | and Recovery Act of 1976, or the Illinois
Environmental | ||||||
7 | Protection Act or as authorized by the Agency;
| ||||||
8 | (13) the portion of a site or facility regulated under | ||||||
9 | Section 22.38 of this Act; | ||||||
10 | (14) the portion of a site or facility, located within | ||||||
11 | a unit of local government that has enacted local zoning | ||||||
12 | requirements, used to accept, separate, and process | ||||||
13 | uncontaminated broken concrete, with or without protruding | ||||||
14 | metal bars, provided that the uncontaminated broken | ||||||
15 | concrete and metal bars are not speculatively accumulated, | ||||||
16 | are at the site or facility no longer than one year after | ||||||
17 | their acceptance, and are returned to the economic | ||||||
18 | mainstream in the form of raw materials or products;
| ||||||
19 | (15) the portion of a site or facility located in a | ||||||
20 | county with a population over 3,000,000 that has obtained | ||||||
21 | local siting approval under Section 39.2 of this Act for a | ||||||
22 | municipal waste incinerator on or before July 1, 2005 and | ||||||
23 | that is used for a non-hazardous waste transfer station;
| ||||||
24 | (16) a site or facility that temporarily holds in | ||||||
25 | transit for 10 days or less, non-putrescible solid waste | ||||||
26 | in original containers, no larger in capacity than 500 |
| |||||||
| |||||||
1 | gallons, provided that such waste is further transferred | ||||||
2 | to a recycling, disposal, treatment, or storage facility | ||||||
3 | on a non-contiguous site and provided such site or | ||||||
4 | facility complies with the applicable 10-day transfer | ||||||
5 | requirements of the federal Resource Conservation and | ||||||
6 | Recovery Act of 1976 and United States Department of | ||||||
7 | Transportation hazardous material requirements. For | ||||||
8 | purposes of this Section only, "non-putrescible solid | ||||||
9 | waste" means waste other than municipal garbage that does | ||||||
10 | not rot or become putrid, including, but not limited to, | ||||||
11 | paints, solvent, filters, and absorbents;
| ||||||
12 | (17)
the portion of a site or facility located in a | ||||||
13 | county with a population greater than 3,000,000 that has | ||||||
14 | obtained local siting approval, under Section 39.2 of this | ||||||
15 | Act, for a municipal waste incinerator on or before July | ||||||
16 | 1, 2005 and that is used for wood combustion facilities | ||||||
17 | for energy recovery that accept and burn only wood | ||||||
18 | material, as included in a fuel specification approved by | ||||||
19 | the Agency;
| ||||||
20 | (18)
a transfer station used exclusively for landscape | ||||||
21 | waste, including a transfer station where landscape waste | ||||||
22 | is ground to reduce its volume, where the landscape waste | ||||||
23 | is held no longer than 24 hours from the time it was | ||||||
24 | received; | ||||||
25 | (19) the portion of a site or facility that (i) is used | ||||||
26 | for the composting of food scrap, livestock waste, crop |
| |||||||
| |||||||
1 | residue, uncontaminated wood waste, or paper waste, | ||||||
2 | including, but not limited to, corrugated paper or | ||||||
3 | cardboard, and (ii) meets all of the following | ||||||
4 | requirements: | ||||||
5 | (A) There must not be more than a total of 30,000 | ||||||
6 | cubic yards of livestock waste in raw form or in the | ||||||
7 | process of being composted at the site or facility at | ||||||
8 | any one time. | ||||||
9 | (B) All food scrap, livestock waste, crop residue, | ||||||
10 | uncontaminated wood waste, and paper waste must, by | ||||||
11 | the end of each operating day, be processed and placed | ||||||
12 | into an enclosed vessel in which air flow and | ||||||
13 | temperature are controlled, or all of the following | ||||||
14 | additional requirements must be met: | ||||||
15 | (i) The portion of the site or facility used | ||||||
16 | for the composting operation must include a | ||||||
17 | setback of at least 200 feet from the nearest | ||||||
18 | potable water supply well. | ||||||
19 | (ii) The portion of the site or facility used | ||||||
20 | for the composting operation must be located | ||||||
21 | outside the boundary of the 10-year floodplain or | ||||||
22 | floodproofed. | ||||||
23 | (iii) Except in municipalities with more than | ||||||
24 | 1,000,000 inhabitants, the portion of the site or | ||||||
25 | facility used for the composting operation must be | ||||||
26 | located at least one-eighth of a mile from the |
| |||||||
| |||||||
1 | nearest residence, other than a residence located | ||||||
2 | on the same property as the site or facility. | ||||||
3 | (iv) The portion of the site or facility used | ||||||
4 | for the composting operation must be located at | ||||||
5 | least one-eighth of a mile from the property line | ||||||
6 | of all of the following areas: | ||||||
7 | (I) Facilities that primarily serve to | ||||||
8 | house or treat people that are | ||||||
9 | immunocompromised or immunosuppressed, such as | ||||||
10 | cancer or AIDS patients; people with asthma, | ||||||
11 | cystic fibrosis, or bioaerosol allergies; or | ||||||
12 | children under the age of one year. | ||||||
13 | (II) Primary and secondary schools and | ||||||
14 | adjacent areas that the schools use for | ||||||
15 | recreation. | ||||||
16 | (III) Any facility for child care licensed | ||||||
17 | under Section 3 of the Child Care Act of 1969; | ||||||
18 | preschools; and adjacent areas that the | ||||||
19 | facilities or preschools use for recreation. | ||||||
20 | (v) By the end of each operating day, all food | ||||||
21 | scrap, livestock waste, crop residue, | ||||||
22 | uncontaminated wood waste, and paper waste must be | ||||||
23 | (i) processed into windrows or other piles and | ||||||
24 | (ii) covered in a manner that prevents scavenging | ||||||
25 | by birds and animals and that prevents other | ||||||
26 | nuisances. |
| |||||||
| |||||||
1 | (C) Food scrap, livestock waste, crop residue, | ||||||
2 | uncontaminated wood waste, paper waste, and compost | ||||||
3 | must not be placed within 5 feet of the water table. | ||||||
4 | (D) The site or facility must meet all of the | ||||||
5 | requirements of the Wild and Scenic Rivers Act (16 | ||||||
6 | U.S.C. 1271 et seq.). | ||||||
7 | (E) The site or facility must not (i) restrict the | ||||||
8 | flow of a 100-year flood, (ii) result in washout of | ||||||
9 | food scrap, livestock waste, crop residue, | ||||||
10 | uncontaminated wood waste, or paper waste from a | ||||||
11 | 100-year flood, or (iii) reduce the temporary water | ||||||
12 | storage capacity of the 100-year floodplain, unless | ||||||
13 | measures are undertaken to provide alternative storage | ||||||
14 | capacity, such as by providing lagoons, holding tanks, | ||||||
15 | or drainage around structures at the facility. | ||||||
16 | (F) The site or facility must not be located in any | ||||||
17 | area where it may pose a threat of harm or destruction | ||||||
18 | to the features for which: | ||||||
19 | (i) an irreplaceable historic or | ||||||
20 | archaeological site has been listed under the | ||||||
21 | National Historic Preservation Act (16 U.S.C. 470 | ||||||
22 | et seq.) or the Illinois Historic Preservation | ||||||
23 | Act; | ||||||
24 | (ii) a natural landmark has been designated by | ||||||
25 | the National Park Service or the Illinois State | ||||||
26 | Historic Preservation Office; or |
| |||||||
| |||||||
1 | (iii) a natural area has been designated as a | ||||||
2 | Dedicated Illinois Nature Preserve under the | ||||||
3 | Illinois Natural Areas Preservation Act. | ||||||
4 | (G) The site or facility must not be located in an | ||||||
5 | area where it may jeopardize the continued existence | ||||||
6 | of any designated endangered species, result in the | ||||||
7 | destruction or adverse modification of the critical | ||||||
8 | habitat for such species, or cause or contribute to | ||||||
9 | the taking of any endangered or threatened species of | ||||||
10 | plant, fish, or wildlife listed under the Endangered | ||||||
11 | Species Act (16 U.S.C. 1531 et seq.) or the Illinois | ||||||
12 | Endangered Species Protection Act; | ||||||
13 | (20) the portion of a site or facility that is located | ||||||
14 | entirely within a home rule unit having a population of no | ||||||
15 | less than 120,000 and no more than 135,000, according to | ||||||
16 | the 2000 federal census, and that meets all of the | ||||||
17 | following requirements: | ||||||
18 | (i) the portion of the site or facility is used | ||||||
19 | exclusively to perform testing of a thermochemical | ||||||
20 | conversion technology using only woody biomass, | ||||||
21 | collected as landscape waste within the boundaries of | ||||||
22 | the home rule unit, as the hydrocarbon feedstock for | ||||||
23 | the production of synthetic gas in accordance with | ||||||
24 | Section 39.9 of this Act; | ||||||
25 | (ii) the portion of the site or facility is in | ||||||
26 | compliance with all applicable zoning requirements; |
| |||||||
| |||||||
1 | and | ||||||
2 | (iii) a complete application for a demonstration | ||||||
3 | permit at the portion of the site or facility has been | ||||||
4 | submitted to the Agency in accordance with Section | ||||||
5 | 39.9 of this Act within one year after July 27, 2010 | ||||||
6 | (the effective date of Public Act 96-1314); | ||||||
7 | (21) the portion of a site or facility used to perform | ||||||
8 | limited testing of a gasification conversion technology in | ||||||
9 | accordance with Section 39.8 of this Act and for which a | ||||||
10 | complete permit application has been submitted to the | ||||||
11 | Agency prior to one year from April 9, 2010 (the effective | ||||||
12 | date of Public Act 96-887);
| ||||||
13 | (22) the portion of a site or facility that is used to | ||||||
14 | incinerate only pharmaceuticals from residential sources | ||||||
15 | that are collected and transported by law enforcement | ||||||
16 | agencies under Section 17.9A of this Act; | ||||||
17 | (23) the portion of a site or facility: | ||||||
18 | (A) that is used exclusively for the transfer of | ||||||
19 | commingled landscape waste and food scrap held at the | ||||||
20 | site or facility for no longer than 24 hours after | ||||||
21 | their receipt; | ||||||
22 | (B) that is located entirely within a home rule | ||||||
23 | unit having a population of (i) not less than 100,000 | ||||||
24 | and not more than 115,000 according to the 2010 | ||||||
25 | federal census, (ii) not less than 5,000 and not more | ||||||
26 | than 10,000 according to the 2010 federal census, or |
| |||||||
| |||||||
1 | (iii) not less than 25,000 and not more than 30,000 | ||||||
2 | according to the 2010 federal census or that is | ||||||
3 | located in the unincorporated area of a county having | ||||||
4 | a population of not less than 700,000 and not more than | ||||||
5 | 705,000 according to the 2010 federal census; | ||||||
6 | (C) that is permitted, by the Agency, prior to | ||||||
7 | January 1, 2002, for the transfer of landscape waste | ||||||
8 | if located in a home rule unit or that is permitted | ||||||
9 | prior to January 1, 2008 if located in an | ||||||
10 | unincorporated area of a county; and | ||||||
11 | (D) for which a permit application is submitted to | ||||||
12 | the Agency to modify an existing permit for the | ||||||
13 | transfer of landscape waste to also include, on a | ||||||
14 | demonstration basis not to exceed 24 months each time | ||||||
15 | a permit is issued, the transfer of commingled | ||||||
16 | landscape waste and food scrap or for which a permit | ||||||
17 | application is submitted to the Agency within 6 months | ||||||
18 | of August 11, 2017 ( the effective date of Public Act | ||||||
19 | 100-94) this amendatory Act of the 100th General | ||||||
20 | Assembly ; | ||||||
21 | (24) the portion of a municipal solid waste landfill | ||||||
22 | unit: | ||||||
23 | (A) that is located in a county having a | ||||||
24 | population of not less than 55,000 and not more than | ||||||
25 | 60,000 according to the 2010 federal census; | ||||||
26 | (B) that is owned by that county; |
| |||||||
| |||||||
1 | (C) that is permitted, by the Agency, prior to | ||||||
2 | July 10, 2015 (the effective date of Public Act | ||||||
3 | 99-12); and | ||||||
4 | (D) for which a permit application is submitted to | ||||||
5 | the Agency within 6 months after July 10, 2015 (the | ||||||
6 | effective date of Public Act 99-12) for the disposal | ||||||
7 | of non-hazardous special waste; and | ||||||
8 | (25) the portion of a site or facility used during a | ||||||
9 | mass animal mortality event, as defined in the Animal | ||||||
10 | Mortality Act, where such waste is collected, stored, | ||||||
11 | processed, disposed, or incinerated under a mass animal | ||||||
12 | mortality event plan issued by the Department of | ||||||
13 | Agriculture. | ||||||
14 | (b) A new pollution control facility is:
| ||||||
15 | (1) a pollution control facility initially permitted | ||||||
16 | for development or
construction after July 1, 1981; or
| ||||||
17 | (2) the area of expansion beyond the boundary of a | ||||||
18 | currently permitted
pollution control facility; or
| ||||||
19 | (3) a permitted pollution control facility requesting | ||||||
20 | approval to
store, dispose of, transfer or incinerate, for | ||||||
21 | the first time, any special
or hazardous waste.
| ||||||
22 | (Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21; | ||||||
23 | revised 9-22-21.)
| ||||||
24 | (415 ILCS 5/17.12) | ||||||
25 | Sec. 17.12. Lead service line replacement and |
| |||||||
| |||||||
1 | notification. | ||||||
2 | (a) The purpose of this Act is to: (1) require the owners | ||||||
3 | and operators of community water supplies to develop, | ||||||
4 | implement, and maintain a comprehensive water service line | ||||||
5 | material inventory and a comprehensive lead service line | ||||||
6 | replacement plan, provide notice to occupants of potentially | ||||||
7 | affected buildings before any construction or repair work on | ||||||
8 | water mains or lead service lines, and request access to | ||||||
9 | potentially affected buildings before replacing lead service | ||||||
10 | lines; and (2) prohibit partial lead service line | ||||||
11 | replacements, except as authorized within this Section. | ||||||
12 | (b) The General Assembly finds and declares that: | ||||||
13 | (1) There is no safe level of exposure to heavy metal | ||||||
14 | lead, as found by the United States Environmental | ||||||
15 | Protection Agency and the Centers for Disease Control and | ||||||
16 | Prevention. | ||||||
17 | (2) Lead service lines can convey this harmful | ||||||
18 | substance to the drinking water supply. | ||||||
19 | (3) According to the Illinois Environmental Protection | ||||||
20 | Agency's 2018 Service Line Material Inventory, the State | ||||||
21 | of Illinois is estimated to have over 680,000 lead-based | ||||||
22 | service lines still in operation. | ||||||
23 | (4) The true number of lead service lines is not fully | ||||||
24 | known because Illinois lacks an adequate inventory of lead | ||||||
25 | service lines. | ||||||
26 | (5) For the general health, safety and welfare of its |
| |||||||
| |||||||
1 | residents, all lead service lines in Illinois should be | ||||||
2 | disconnected from the drinking water supply, and the | ||||||
3 | State's drinking water supply. | ||||||
4 | (c) In this Section: | ||||||
5 | "Advisory Board" means the Lead Service Line Replacement | ||||||
6 | Advisory Board created under subsection (x). | ||||||
7 | "Community water supply" has the meaning ascribed to it in | ||||||
8 | Section 3.145 of this Act. | ||||||
9 | "Department" means the Department of Public Health. | ||||||
10 | "Emergency repair" means any unscheduled water main, water | ||||||
11 | service, or water valve repair or replacement that results | ||||||
12 | from failure or accident. | ||||||
13 | "Fund" means the Lead Service Line Replacement Fund | ||||||
14 | created under subsection (bb). | ||||||
15 | "Lead service line" means a service line made of lead or | ||||||
16 | service line connected to a lead pigtail, lead gooseneck, or | ||||||
17 | other lead fitting. | ||||||
18 | "Material inventory" means a water service line material | ||||||
19 | inventory developed by a community water supply under this | ||||||
20 | Act. | ||||||
21 | " Non-community Noncommunity water supply" has the meaning | ||||||
22 | ascribed to it in Section 3.145 of the Environmental | ||||||
23 | Protection Act. | ||||||
24 | "NSF/ANSI Standard" means a water treatment standard | ||||||
25 | developed by NSF International. | ||||||
26 | "Partial lead service line replacement" means replacement |
| |||||||
| |||||||
1 | of only a portion of a lead service line. | ||||||
2 | "Potentially affected building" means any building that is | ||||||
3 | provided water service through a service line that is either a | ||||||
4 | lead service line or a suspected lead service line. | ||||||
5 | "Public water supply" has the meaning ascribed to it in | ||||||
6 | Section 3.365 of this Act. | ||||||
7 | "Service line" means the piping, tubing, and necessary | ||||||
8 | appurtenances acting as a conduit from the water main or | ||||||
9 | source of potable water supply to the building plumbing at the | ||||||
10 | first shut-off valve or 18 inches inside the building, | ||||||
11 | whichever is shorter. | ||||||
12 | "Suspected lead service line" means a service line that a | ||||||
13 | community water supply finds more likely than not to be made of | ||||||
14 | lead after completing the requirements under paragraphs (2) | ||||||
15 | through (5) of subsection (h). | ||||||
16 | "Small system" means a community water supply that | ||||||
17 | regularly serves water to 3,300 or fewer persons. | ||||||
18 | (d) An owner or operator of a community water supply | ||||||
19 | shall: | ||||||
20 | (1) develop an initial material inventory by April 15, | ||||||
21 | 2022 and electronically submit by April 15, 2023 an | ||||||
22 | updated material inventory electronically to the Agency; | ||||||
23 | and | ||||||
24 | (2) deliver a complete material inventory to the | ||||||
25 | Agency no later than April 15, 2024, or such time as | ||||||
26 | required by federal law, whichever is sooner. The complete |
| |||||||
| |||||||
1 | inventory shall report the composition of all service | ||||||
2 | lines in the community water supply's distribution system. | ||||||
3 | (e) The Agency shall review and approve the final material | ||||||
4 | inventory submitted to it under subsection (d). | ||||||
5 | (f) If a community water supply does not submit a complete | ||||||
6 | inventory to the Agency by April 15, 2024 under paragraph (2) | ||||||
7 | of subsection (d), the community water supply may apply for an | ||||||
8 | extension to the Agency no less than 3 months prior to the due | ||||||
9 | date. The Agency shall develop criteria for granting material | ||||||
10 | inventory extensions. When considering requests for extension, | ||||||
11 | the Agency shall, at a minimum, consider: | ||||||
12 | (1) the number of service connections in a water | ||||||
13 | supply; and | ||||||
14 | (2) the number of service lines of an unknown material | ||||||
15 | composition. | ||||||
16 | (g) A material inventory prepared for a community water | ||||||
17 | supply under subsection (d) shall identify: | ||||||
18 | (1) the total number of service lines connected to the | ||||||
19 | community water supply's distribution system; | ||||||
20 | (2) the materials of construction of each service line | ||||||
21 | connected to the community water supply's distribution | ||||||
22 | system; | ||||||
23 | (3) the number of suspected lead service lines that | ||||||
24 | were newly identified in the material inventory for the | ||||||
25 | community water supply after the community water supply | ||||||
26 | last submitted a service line inventory to the Agency; and |
| |||||||
| |||||||
1 | (4) the number of suspected or known lead service | ||||||
2 | lines that were replaced after the community water supply | ||||||
3 | last submitted a service line inventory to the Agency, and | ||||||
4 | the material of the service line that replaced each lead | ||||||
5 | service line. | ||||||
6 | When identifying the materials of construction under | ||||||
7 | paragraph (2) of this subsection, the owner or operator of the | ||||||
8 | community water supply shall to the best of the owner's or | ||||||
9 | operator's ability identify the type of construction material | ||||||
10 | used on the customer's side of the curb box, meter, or other | ||||||
11 | line of demarcation and the community water supply's side of | ||||||
12 | the curb box, meter, or other line of demarcation. | ||||||
13 | (h) In completing a material inventory under subsection | ||||||
14 | (d), the owner or operator of a community water supply shall: | ||||||
15 | (1) prioritize inspections of high-risk areas | ||||||
16 | identified by the community water supply and inspections | ||||||
17 | of high-risk facilities, such as preschools, day care | ||||||
18 | centers, day care homes, group day care homes, parks, | ||||||
19 | playgrounds, hospitals, and clinics, and confirm service | ||||||
20 | line materials in those areas and at those facilities; | ||||||
21 | (2) review historical documentation, such as | ||||||
22 | construction logs or cards, as-built drawings, purchase | ||||||
23 | orders, and subdivision plans, to determine service line | ||||||
24 | material construction; | ||||||
25 | (3) when conducting distribution system maintenance, | ||||||
26 | visually inspect service lines and document materials of |
| |||||||
| |||||||
1 | construction; | ||||||
2 | (4) identify any time period when the service lines | ||||||
3 | being connected to its distribution system were primarily | ||||||
4 | lead service lines, if such a time period is known or | ||||||
5 | suspected; and | ||||||
6 | (5) discuss service line repair and installation with | ||||||
7 | its employees, contractors, plumbers, other workers who | ||||||
8 | worked on service lines connected to its distribution | ||||||
9 | system, or all of the above. | ||||||
10 | (i) The owner or operator of each community water supply | ||||||
11 | shall maintain records of persons who refuse to grant access | ||||||
12 | to the interior of a building for purposes of identifying the | ||||||
13 | materials of construction of a service line. If a community | ||||||
14 | water supply has been denied access on the property or to the | ||||||
15 | interior of a building for that reason, then the community | ||||||
16 | water supply shall attempt to identify the service line as a | ||||||
17 | suspected lead service line, unless documentation is provided | ||||||
18 | showing otherwise. | ||||||
19 | (j) If a community water supply identifies a lead service | ||||||
20 | line connected to a building, the owner or operator of the | ||||||
21 | community water supply shall attempt to notify the owner of | ||||||
22 | the building and all occupants of the building of the | ||||||
23 | existence of the lead service line within 15 days after | ||||||
24 | identifying the lead service line, or as soon as is reasonably | ||||||
25 | possible thereafter. Individual written notice shall be given | ||||||
26 | according to the provisions of subsection (jj). |
| |||||||
| |||||||
1 | (k) An owner or operator of a community water supply has no | ||||||
2 | duty to include in the material inventory required under | ||||||
3 | subsection (d) information about service lines that are | ||||||
4 | physically disconnected from a water main in its distribution | ||||||
5 | system. | ||||||
6 | (l) The owner or operator of each community water supply | ||||||
7 | shall post on its website a copy of the most recently submitted | ||||||
8 | material inventory or alternatively may request that the | ||||||
9 | Agency post a copy of that material inventory on the Agency's | ||||||
10 | website. | ||||||
11 | (m) Nothing in this Section shall be construed to require | ||||||
12 | service lines to be unearthed for the sole purpose of | ||||||
13 | inventorying. | ||||||
14 | (n) When an owner or operator of a community water supply | ||||||
15 | awards a contract under this Section, the owner or operator | ||||||
16 | shall make a good faith effort to use contractors and vendors | ||||||
17 | owned by minority persons, women, and persons with a | ||||||
18 | disability, as those terms are defined in Section 2 of the | ||||||
19 | Business Enterprise for Minorities, Women, and Persons with | ||||||
20 | Disabilities Act, for not less than 20% of the total | ||||||
21 | contracts, provided that: | ||||||
22 | (1) contracts representing at least 11% of the total | ||||||
23 | projects shall be awarded to minority-owned businesses, as | ||||||
24 | defined in Section 2 of the Business Enterprise for | ||||||
25 | Minorities, Women, and Persons with Disabilities Act; | ||||||
26 | (2) contracts representing at least 7% of the total |
| |||||||
| |||||||
1 | projects shall be awarded to women-owned businesses, as | ||||||
2 | defined in Section 2 of the Business Enterprise for | ||||||
3 | Minorities, Women, and Persons with Disabilities Act; and | ||||||
4 | (3) contracts representing at least 2% of the total | ||||||
5 | projects shall be awarded to businesses owned by persons | ||||||
6 | with a disability. | ||||||
7 | Owners or operators of a community water supply are | ||||||
8 | encouraged to divide projects, whenever economically feasible, | ||||||
9 | into contracts of smaller size that ensure small business | ||||||
10 | contractors or vendors shall have the ability to qualify in | ||||||
11 | the applicable bidding process, when determining the ability | ||||||
12 | to deliver on a given contract based on scope and size, as a | ||||||
13 | responsible and responsive bidder. | ||||||
14 | When a contractor or vendor submits a bid or letter of | ||||||
15 | intent in response to a request for proposal or other bid | ||||||
16 | submission, the contractor or vendor shall include with its | ||||||
17 | responsive documents a utilization plan that shall address how | ||||||
18 | compliance with applicable good faith requirements set forth | ||||||
19 | in this subsection shall be addressed. | ||||||
20 | Under this subsection, "good faith effort" means
a | ||||||
21 | community water supply has taken all necessary steps to comply | ||||||
22 | with the goals of this subsection by complying with the | ||||||
23 | following: | ||||||
24 | (1) Soliciting through reasonable and available means | ||||||
25 | the interest of a business, as defined in Section 2 of the | ||||||
26 | Business Enterprise for Minorities, Women, and Persons |
| |||||||
| |||||||
1 | with Disabilities Act, that have the capability to perform | ||||||
2 | the work of the contract. The community water supply must | ||||||
3 | solicit this interest within sufficient time to allow | ||||||
4 | certified businesses to respond. | ||||||
5 | (2) Providing interested certified businesses with | ||||||
6 | adequate information about the plans, specifications, and | ||||||
7 | requirements of the contract, including addenda, in a | ||||||
8 | timely manner to assist them in responding to the | ||||||
9 | solicitation. | ||||||
10 | (3) Meeting in good faith with interested certified | ||||||
11 | businesses that have submitted bids. | ||||||
12 | (4) Effectively using the services of the State, | ||||||
13 | minority or women community organizations, minority or | ||||||
14 | women contractor groups, local, State, and federal | ||||||
15 | minority or women business assistance offices, and other | ||||||
16 | organizations to provide assistance in the recruitment and | ||||||
17 | placement of certified businesses. | ||||||
18 | (5) Making efforts to use appropriate forums for | ||||||
19 | purposes of advertising subcontracting opportunities | ||||||
20 | suitable for certified businesses. | ||||||
21 | The diversity goals defined in this subsection can be met | ||||||
22 | through direct award to diverse contractors and through the | ||||||
23 | use of diverse subcontractors and diverse vendors to | ||||||
24 | contracts. | ||||||
25 | (o) An owner or operator of a community water supply shall | ||||||
26 | collect data necessary to ensure compliance with subsection |
| |||||||
| |||||||
1 | (n) no less than semi-annually and shall include progress | ||||||
2 | toward compliance of subsection (n) in the owner or operator's | ||||||
3 | report required under subsection (t-5). The report must | ||||||
4 | include data on vendor and employee diversity, including data | ||||||
5 | on the owner's or operator's implementation of subsection (n). | ||||||
6 | (p) Every owner or operator of a community water supply | ||||||
7 | that has known or suspected lead service lines shall: | ||||||
8 | (1) create a plan to: | ||||||
9 | (A) replace each lead service line connected to | ||||||
10 | its distribution system; and | ||||||
11 | (B) replace each galvanized service line connected | ||||||
12 | to its distribution system, if the galvanized service | ||||||
13 | line is or was connected downstream to lead piping; | ||||||
14 | and | ||||||
15 | (2) electronically submit, by April 15, 2024 its | ||||||
16 | initial lead service line replacement plan to the Agency; | ||||||
17 | (3) electronically submit by April 15 of each year | ||||||
18 | after 2024 until April 15, 2027 an updated lead service | ||||||
19 | line replacement plan to the Agency for review; the | ||||||
20 | updated replacement plan shall account for changes in the | ||||||
21 | number of lead service lines or unknown service lines in | ||||||
22 | the material inventory described in subsection (d); | ||||||
23 | (4) electronically submit by April 15, 2027 a complete | ||||||
24 | and final replacement plan to the Agency for approval; the | ||||||
25 | complete and final replacement plan shall account for all | ||||||
26 | known and suspected lead service lines documented in the |
| |||||||
| |||||||
1 | final material inventory described under paragraph (3) of | ||||||
2 | subsection (d); and | ||||||
3 | (5) post on its website a copy of the plan most | ||||||
4 | recently submitted to the Agency or may request that the | ||||||
5 | Agency post a copy of that plan on the Agency's website. | ||||||
6 | (q) Each plan required under paragraph (1) of subsection | ||||||
7 | (p) shall include the following: | ||||||
8 | (1) the name and identification number of the | ||||||
9 | community water supply; | ||||||
10 | (2) the total number of service lines connected to the | ||||||
11 | distribution system of the community water supply; | ||||||
12 | (3) the total number of suspected lead service lines | ||||||
13 | connected to the distribution system of the community | ||||||
14 | water supply; | ||||||
15 | (4) the total number of known lead service lines | ||||||
16 | connected to the distribution system of the community | ||||||
17 | water supply; | ||||||
18 | (5) the total number of lead service lines connected | ||||||
19 | to the distribution system of the community water supply | ||||||
20 | that have been replaced each year beginning in 2020; | ||||||
21 | (6) a proposed lead service line replacement schedule | ||||||
22 | that includes one-year, 5-year, 10-year, 15-year, 20-year, | ||||||
23 | 25-year, and 30-year goals; | ||||||
24 | (7) an analysis of costs and financing options for | ||||||
25 | replacing the lead service lines connected to the | ||||||
26 | community water supply's distribution system, which shall |
| |||||||
| |||||||
1 | include, but shall not be limited to: | ||||||
2 | (A) a detailed accounting of costs associated with | ||||||
3 | replacing lead service lines and galvanized lines that | ||||||
4 | are or were connected downstream to lead piping; | ||||||
5 | (B) measures to address affordability and prevent | ||||||
6 | service shut-offs for customers or ratepayers; and | ||||||
7 | (C) consideration of different scenarios for | ||||||
8 | structuring payments between the utility and its | ||||||
9 | customers over time; and | ||||||
10 | (8) a plan for prioritizing high-risk facilities, such | ||||||
11 | as preschools, day care centers, day care homes, group day | ||||||
12 | care homes, parks, playgrounds, hospitals, and clinics, as | ||||||
13 | well as high-risk areas identified by the community water | ||||||
14 | supply; | ||||||
15 | (9) a map of the areas where lead service lines are | ||||||
16 | expected to be found and the sequence with which those | ||||||
17 | areas will be inventoried and lead service lines replaced; | ||||||
18 | (10) measures for how the community water supply will | ||||||
19 | inform the public of the plan and provide opportunity for | ||||||
20 | public comment; and | ||||||
21 | (11) measures to encourage diversity in hiring in the | ||||||
22 | workforce required to implement the plan as identified | ||||||
23 | under subsection (n). | ||||||
24 | (r) The Agency shall review final plans submitted to it | ||||||
25 | under subsection (p). The Agency shall approve a final plan if | ||||||
26 | the final plan includes all of the elements set forth under |
| |||||||
| |||||||
1 | subsection (q) and the Agency determines that: | ||||||
2 | (1) the proposed lead service line replacement | ||||||
3 | schedule set forth in the plan aligns with the timeline | ||||||
4 | requirements set forth under subsection (v); | ||||||
5 | (2) the plan prioritizes the replacement of lead | ||||||
6 | service lines that provide water service to high-risk | ||||||
7 | facilities, such as preschools, day care centers, day care | ||||||
8 | homes, group day care homes, parks, playgrounds, | ||||||
9 | hospitals, and clinics, and high-risk areas identified by | ||||||
10 | the community water supply; | ||||||
11 | (3) the plan includes analysis of cost and financing | ||||||
12 | options; and | ||||||
13 | (4) the plan provides documentation of public review. | ||||||
14 | (s) An owner or operator of a community water supply has no | ||||||
15 | duty to include in the plans required under subsection (p) | ||||||
16 | information about service lines that are physically | ||||||
17 | disconnected from a water main in its distribution system. | ||||||
18 | (t) If a community water supply does not deliver a | ||||||
19 | complete plan to the Agency by April 15, 2027, the community | ||||||
20 | water supply may apply to the Agency for an extension no less | ||||||
21 | than 3 months prior to the due date. The Agency shall develop | ||||||
22 | criteria for granting plan extensions. When considering | ||||||
23 | requests for extension, the Agency shall, at a minimum, | ||||||
24 | consider: | ||||||
25 | (1) the number of service connections in a water | ||||||
26 | supply; and |
| |||||||
| |||||||
1 | (2) the number of service lines of an unknown material | ||||||
2 | composition. | ||||||
3 | (t-5) After the Agency has approved the final replacement | ||||||
4 | plan described in subsection (p), the owner or operator of a | ||||||
5 | community water supply shall submit a report detailing | ||||||
6 | progress toward plan goals to the Agency for its review. The | ||||||
7 | report shall be submitted annually for the first 10 years, and | ||||||
8 | every 3 years thereafter until all lead service lines have | ||||||
9 | been replaced. Reports under this subsection shall be | ||||||
10 | published in the same manner described in subsection (l). The | ||||||
11 | report shall include at least the following information as it | ||||||
12 | pertains to the preceding reporting period: | ||||||
13 | (1) The number of lead service lines replaced and the | ||||||
14 | average cost of lead service line replacement. | ||||||
15 | (2) Progress toward meeting hiring requirements as | ||||||
16 | described in subsection (n) and subsection (o). | ||||||
17 | (3) The percent of customers electing a waiver | ||||||
18 | offered, as described in subsections (ii) and (jj), among | ||||||
19 | those customers receiving a request or notification to | ||||||
20 | perform a lead service line replacement. | ||||||
21 | (4) The method or methods used by the community water | ||||||
22 | supply to finance lead service line replacement. | ||||||
23 | (u) Notwithstanding any other provision of law, in order | ||||||
24 | to provide for costs associated with lead service line | ||||||
25 | remediation and replacement, the corporate authorities of a | ||||||
26 | municipality may, by ordinance or resolution by the corporate |
| |||||||
| |||||||
1 | authorities, exercise authority provided in Section 27-5 et | ||||||
2 | seq. of the Property Tax Code and Sections 8-3-1, 8-11-1, | ||||||
3 | 8-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq., | ||||||
4 | 11-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes | ||||||
5 | levied for this purpose shall be in addition to taxes for | ||||||
6 | general purposes authorized under Section 8-3-1 of the | ||||||
7 | Illinois Municipal Code and shall be included in the taxing | ||||||
8 | district's aggregate extension for the purposes of Division 5 | ||||||
9 | of Article 18 of the Property Tax Code. | ||||||
10 | (v) Every owner or operator of a community water supply | ||||||
11 | shall replace all known lead service lines, subject to the | ||||||
12 | requirements of subsection (ff), according to the following | ||||||
13 | replacement rates and timelines to be calculated from the date | ||||||
14 | of submission of the final replacement plan to the Agency: | ||||||
15 | (1) A community water supply reporting 1,200 or fewer | ||||||
16 | lead service lines in its final inventory and replacement | ||||||
17 | plan shall replace all lead service lines, at an annual | ||||||
18 | rate of no less than 7% of the amount described in the | ||||||
19 | final inventory, with a timeline of up to 15 years for | ||||||
20 | completion. | ||||||
21 | (2) A community water supply reporting more than 1,200 | ||||||
22 | but fewer than 5,000 lead service lines in its final | ||||||
23 | inventory and replacement plan shall replace all lead | ||||||
24 | service lines, at an annual rate of no less than 6% of the | ||||||
25 | amount described in the final inventory, with a timeline | ||||||
26 | of up to 17 years for completion. |
| |||||||
| |||||||
1 | (3) A community water supply reporting more than 4,999 | ||||||
2 | but fewer than 10,000 lead service lines in its final | ||||||
3 | inventory and replacement plan shall replace all lead | ||||||
4 | service lines, at an annual rate of no less than 5% of the | ||||||
5 | amount described in the final inventory, with a timeline | ||||||
6 | of up to 20 years for completion. | ||||||
7 | (4) A community water supply reporting more than 9,999 | ||||||
8 | but fewer than 99,999 lead service lines in its final | ||||||
9 | inventory and replacement plan shall replace all lead | ||||||
10 | service lines, at an annual rate of no less than 3% of the | ||||||
11 | amount described in the final inventory, with a timeline | ||||||
12 | of up to 34 years for completion. | ||||||
13 | (5) A community water supply reporting more than | ||||||
14 | 99,999 lead service lines in its final inventory and | ||||||
15 | replacement plan shall replace all lead service lines, at | ||||||
16 | an annual rate of no less than 2% of the amount described | ||||||
17 | in the final inventory, with a timeline of up to 50 years | ||||||
18 | for completion. | ||||||
19 | (w) A community water supply may apply to the Agency for an | ||||||
20 | extension to the replacement timelines described in paragraphs | ||||||
21 | (1) through (5) of subsection (v). The Agency shall develop | ||||||
22 | criteria for granting replacement timeline extensions. When | ||||||
23 | considering requests for timeline extensions, the Agency | ||||||
24 | shall, at a minimum, consider: | ||||||
25 | (1) the number of service connections in a water | ||||||
26 | supply; and |
| |||||||
| |||||||
1 | (2) unusual circumstances creating hardship for a | ||||||
2 | community. | ||||||
3 | The Agency may grant one extension of additional time | ||||||
4 | equal to not more than 20% of the original replacement | ||||||
5 | timeline, except in situations of extreme hardship in which | ||||||
6 | the Agency may consider a second additional extension equal to | ||||||
7 | not more than 10% of the original replacement timeline. | ||||||
8 | Replacement rates and timelines shall be calculated from | ||||||
9 | the date of submission of the final plan to the Agency. | ||||||
10 | (x) The Lead Service Line Replacement Advisory Board is | ||||||
11 | created within the Agency. The Advisory Board shall convene | ||||||
12 | within 120 days after January 1, 2022 ( the effective date of | ||||||
13 | Public Act 102-613) this amendatory Act of the 102nd General | ||||||
14 | Assembly . | ||||||
15 | The Advisory Board shall consist of at least 28 voting | ||||||
16 | members, as follows: | ||||||
17 | (1) the Director of the Agency, or his or her | ||||||
18 | designee, who shall serve as chairperson; | ||||||
19 | (2) the Director of Revenue, or his or her designee; | ||||||
20 | (3) the Director of Public Health, or his or her | ||||||
21 | designee; | ||||||
22 | (4) fifteen members appointed by the Agency as | ||||||
23 | follows: | ||||||
24 | (A) one member representing a statewide | ||||||
25 | organization of municipalities as authorized by | ||||||
26 | Section 1-8-1 of the Illinois Municipal Code; |
| |||||||
| |||||||
1 | (B) two members who are mayors representing | ||||||
2 | municipalities located in any county south of the | ||||||
3 | southernmost county represented by one of the 10 | ||||||
4 | largest municipalities in Illinois by population, or | ||||||
5 | their respective designees; | ||||||
6 | (C) two members who are representatives from | ||||||
7 | public health advocacy groups; | ||||||
8 | (D) two members who are representatives from | ||||||
9 | publicly-owned water utilities; | ||||||
10 | (E) one member who is a representative from a | ||||||
11 | public utility as defined under Section 3-105 of the | ||||||
12 | Public Utilities Act that provides water service in | ||||||
13 | the State of Illinois; | ||||||
14 | (F) one member who is a research professional | ||||||
15 | employed at an Illinois academic institution and | ||||||
16 | specializing in water infrastructure research; | ||||||
17 | (G) two members who are representatives from | ||||||
18 | nonprofit civic organizations; | ||||||
19 | (H) one member who is a representative from a | ||||||
20 | statewide organization representing environmental | ||||||
21 | organizations; | ||||||
22 | (I) two members who are representatives from | ||||||
23 | organized labor; and | ||||||
24 | (J) one member representing an environmental | ||||||
25 | justice organization; and | ||||||
26 | (5) ten members who are the mayors of the 10 largest |
| |||||||
| |||||||
1 | municipalities in Illinois by population, or their | ||||||
2 | respective designees. | ||||||
3 | No less than 10 of the 28 voting members shall be persons | ||||||
4 | of color, and no less than 3 shall represent communities | ||||||
5 | defined or self-identified as environmental justice | ||||||
6 | communities. | ||||||
7 | Advisory Board members shall serve without compensation, | ||||||
8 | but may be reimbursed for necessary expenses incurred in the | ||||||
9 | performance of their duties from funds appropriated for that | ||||||
10 | purpose. The Agency shall provide administrative support to | ||||||
11 | the Advisory Board. | ||||||
12 | The Advisory Board shall meet no less than once every 6 | ||||||
13 | months. | ||||||
14 | (y) The Advisory Board shall have, at a minimum, the | ||||||
15 | following duties: | ||||||
16 | (1) advising the Agency on best practices in lead | ||||||
17 | service line replacement; | ||||||
18 | (2) reviewing the progress of community water supplies | ||||||
19 | toward lead service line replacement goals; | ||||||
20 | (3) advising the Agency on other matters related to | ||||||
21 | the administration of the provisions of this Section; | ||||||
22 | (4) advising the Agency on the integration of existing | ||||||
23 | lead service line replacement plans with any statewide | ||||||
24 | plan; and | ||||||
25 | (5) providing technical support and practical | ||||||
26 | expertise in general. |
| |||||||
| |||||||
1 | (z) Within 18 months after January 1, 2022 ( the effective | ||||||
2 | date of Public Act 102-613) this amendatory Act of the 102nd | ||||||
3 | General Assembly , the Advisory Board shall deliver a report of | ||||||
4 | its recommendations to the Governor and the General Assembly | ||||||
5 | concerning opportunities for dedicated, long-term revenue | ||||||
6 | options for funding lead service line replacement. In | ||||||
7 | submitting recommendations, the Advisory Board shall consider, | ||||||
8 | at a minimum, the following: | ||||||
9 | (1) the sufficiency of various revenue sources to | ||||||
10 | adequately fund replacement of all lead service lines in | ||||||
11 | Illinois; | ||||||
12 | (2) the financial burden, if any, on households | ||||||
13 | falling below 150% of the federal poverty limit; | ||||||
14 | (3) revenue options that guarantee low-income | ||||||
15 | households are protected from rate increases; | ||||||
16 | (4) an assessment of the ability of community water | ||||||
17 | supplies to assess and collect revenue; | ||||||
18 | (5) variations in financial resources among individual | ||||||
19 | households within a service area; and | ||||||
20 | (6) the protection of low-income households from rate | ||||||
21 | increases. | ||||||
22 | (aa) Within 10 years after January 1, 2022 ( the effective | ||||||
23 | date of Public Act 102-613) this amendatory Act of the 102nd | ||||||
24 | General Assembly , the Advisory Board shall prepare and deliver | ||||||
25 | a report to the Governor and General Assembly concerning the | ||||||
26 | status of all lead service line replacement within the State. |
| |||||||
| |||||||
1 | (bb) The Lead Service Line Replacement Fund is created as | ||||||
2 | a special fund in the State treasury to be used by the Agency | ||||||
3 | for the purposes provided under this Section. The Fund shall | ||||||
4 | be used exclusively to finance and administer programs and | ||||||
5 | activities specified under this Section and listed under this | ||||||
6 | subsection. | ||||||
7 | The objective of the Fund is to finance activities | ||||||
8 | associated with identifying and replacing lead service lines, | ||||||
9 | build Agency capacity to oversee the provisions of this | ||||||
10 | Section, and provide related assistance for the activities | ||||||
11 | listed under this subsection. | ||||||
12 | The Agency shall be responsible for the administration of | ||||||
13 | the Fund and shall allocate moneys on the basis of priorities | ||||||
14 | established by the Agency through administrative rule. On July | ||||||
15 | 1, 2022 and on July 1 of each year thereafter, the Agency shall | ||||||
16 | determine the available amount of resources in the Fund that | ||||||
17 | can be allocated to the activities identified under this | ||||||
18 | Section and shall allocate the moneys accordingly. | ||||||
19 | Notwithstanding any other law to the contrary, the Lead | ||||||
20 | Service Line Replacement Fund is not subject to sweeps, | ||||||
21 | administrative charge-backs, or any other fiscal maneuver that | ||||||
22 | would in any way transfer any amounts from the Lead Service | ||||||
23 | Line Replacement Fund into any other fund of the State. | ||||||
24 | (cc) Within one year after January 1, 2022 ( the effective | ||||||
25 | date of Public Act 102-613) this amendatory Act of the 102 | ||||||
26 | General Assembly , the Agency shall design rules for a program |
| |||||||
| |||||||
1 | for the purpose of administering lead service line replacement | ||||||
2 | funds. The rules must, at minimum, contain: | ||||||
3 | (1) the process by which community water supplies may | ||||||
4 | apply for funding; and | ||||||
5 | (2) the criteria for determining unit of local | ||||||
6 | government eligibility and prioritization for funding, | ||||||
7 | including the prevalence of low-income households, as | ||||||
8 | measured by median household income, the prevalence of | ||||||
9 | lead service lines, and the prevalence of water samples | ||||||
10 | that demonstrate elevated levels of lead. | ||||||
11 | (dd) Funding under subsection (cc) shall be available for | ||||||
12 | costs directly attributable to the planning, design, or | ||||||
13 | construction directly related to the replacement of lead | ||||||
14 | service lines and restoration of property. | ||||||
15 | Funding shall not be used for the general operating | ||||||
16 | expenses of a municipality or community water supply. | ||||||
17 | (ee) An owner or operator of any community water supply | ||||||
18 | receiving grant funding under subsection (cc) shall bear the | ||||||
19 | entire expense of full lead service line replacement for all | ||||||
20 | lead service lines in the scope of the grant. | ||||||
21 | (ff) When replacing a lead service line, the owner or | ||||||
22 | operator of the community water supply shall replace the | ||||||
23 | service line in its entirety, including, but not limited to, | ||||||
24 | any portion of the service line (i) running on private | ||||||
25 | property and (ii) within the building's plumbing at the first | ||||||
26 | shut-off valve. Partial lead service line replacements are |
| |||||||
| |||||||
1 | expressly prohibited. Exceptions shall be made under the | ||||||
2 | following circumstances: | ||||||
3 | (1) In the event of an emergency repair that affects a | ||||||
4 | lead service line or a suspected lead service line, a | ||||||
5 | community water supply must contact the building owner to | ||||||
6 | begin the process of replacing the entire service line. If | ||||||
7 | the building owner is not able to be contacted or the | ||||||
8 | building owner or occupant refuses to grant access and | ||||||
9 | permission to replace the entire service line at the time | ||||||
10 | of the emergency repair, then the community water supply | ||||||
11 | may perform a partial lead service line replacement. Where | ||||||
12 | an emergency repair on a service line constructed of lead | ||||||
13 | or galvanized steel pipe results in a partial service line | ||||||
14 | replacement, the water supply responsible for commencing | ||||||
15 | the repair shall perform the following: | ||||||
16 | (A) Notify the building's owner or operator and | ||||||
17 | the resident or residents served by the lead service | ||||||
18 | line in writing that a repair has been completed. The | ||||||
19 | notification shall include, at a minimum: | ||||||
20 | (i) a warning that the work may result in | ||||||
21 | sediment, possibly containing lead, in the | ||||||
22 | buildings water supply system; | ||||||
23 | (ii) information concerning practices for | ||||||
24 | preventing the consumption of any lead in drinking | ||||||
25 | water, including a recommendation to flush water | ||||||
26 | distribution pipe during and after the completion |
| |||||||
| |||||||
1 | of the repair or replacement work and to clean | ||||||
2 | faucet aerator screens; and | ||||||
3 | (iii) information regarding the dangers of | ||||||
4 | lead to young children and pregnant women. | ||||||
5 | (B) Provide filters for at least one fixture | ||||||
6 | supplying potable water for consumption. The filter | ||||||
7 | must be certified by an accredited third-party | ||||||
8 | certification body to NSF/ANSI 53 and NSF/ANSI 42 for | ||||||
9 | the reduction of lead and particulate. The filter must | ||||||
10 | be provided until such time that the remaining | ||||||
11 | portions of the service line have been replaced with a | ||||||
12 | material approved by the Department or a waiver has | ||||||
13 | been issued under subsection (ii). | ||||||
14 | (C) Replace the remaining portion of the lead | ||||||
15 | service line within 30 days of the repair, or 120 days | ||||||
16 | in the event of weather or other circumstances beyond | ||||||
17 | reasonable control that prohibits construction. If a | ||||||
18 | complete lead service line replacement cannot be made | ||||||
19 | within the required period, the community water supply | ||||||
20 | responsible for commencing the repair shall notify the | ||||||
21 | Department in writing, at a minimum, of the following | ||||||
22 | within 24 hours of the repair: | ||||||
23 | (i) an explanation of why it is not feasible | ||||||
24 | to replace the remaining portion of the lead | ||||||
25 | service line within the allotted time; and | ||||||
26 | (ii) a timeline for when the remaining portion |
| |||||||
| |||||||
1 | of the lead service line will be replaced. | ||||||
2 | (D) If complete repair of a lead service line | ||||||
3 | cannot be completed due to denial by the property | ||||||
4 | owner, the community water supply commencing the | ||||||
5 | repair shall request the affected property owner to | ||||||
6 | sign a waiver developed by the Department. If a | ||||||
7 | property owner of a nonresidential building or | ||||||
8 | residence operating as rental properties denies a | ||||||
9 | complete lead service line replacement, the property | ||||||
10 | owner shall be responsible for installing and | ||||||
11 | maintaining point-of-use filters certified by an | ||||||
12 | accredited third-party certification body to NSF/ANSI | ||||||
13 | 53 and NSF/ANSI 42 for the reduction of lead and | ||||||
14 | particulate at all fixtures intended to supply water | ||||||
15 | for the purposes of drinking, food preparation, or | ||||||
16 | making baby formula. The filters shall continue to be | ||||||
17 | supplied by the property owner until such time that | ||||||
18 | the property owner has affected the remaining portions | ||||||
19 | of the lead service line to be replaced. | ||||||
20 | (E) Document any remaining lead service line, | ||||||
21 | including a portion on the private side of the | ||||||
22 | property, in the community water supply's distribution | ||||||
23 | system materials inventory required under subsection | ||||||
24 | (d). | ||||||
25 | For the purposes of this paragraph (1), written notice | ||||||
26 | shall be provided in the method and according to the |
| |||||||
| |||||||
1 | provisions of subsection (jj). | ||||||
2 | (2) Lead service lines that are physically | ||||||
3 | disconnected from the distribution system are exempt from | ||||||
4 | this subsection. | ||||||
5 | (gg) Except as provided in subsection (hh), on and after | ||||||
6 | January 1, 2022, when the owner or operator of a community | ||||||
7 | water supply replaces a water main, the community water supply | ||||||
8 | shall identify all lead service lines connected to the water | ||||||
9 | main and shall replace the lead service lines by: | ||||||
10 | (1) identifying the material or materials of each lead | ||||||
11 | service line connected to the water main, including, but | ||||||
12 | not limited to, any portion of the service line (i) | ||||||
13 | running on private property and (ii) within the building | ||||||
14 | plumbing at the first shut-off valve or 18 inches inside | ||||||
15 | the building, whichever is shorter; | ||||||
16 | (2) in conjunction with replacement of the water main, | ||||||
17 | replacing any and all portions of each lead service line | ||||||
18 | connected to the water main that are composed of lead; and | ||||||
19 | (3) if a property owner or customer refuses to grant | ||||||
20 | access to the property, following prescribed notice | ||||||
21 | provisions as outlined in subsection (ff). | ||||||
22 | If an owner of a potentially affected building intends to | ||||||
23 | replace a portion of a lead service line or a galvanized | ||||||
24 | service line and the galvanized service line is or was | ||||||
25 | connected downstream to lead piping, then the owner of the | ||||||
26 | potentially affected building shall provide the owner or |
| |||||||
| |||||||
1 | operator of the community water supply with notice at least 45 | ||||||
2 | days before commencing the work. In the case of an emergency | ||||||
3 | repair, the owner of the potentially affected building must | ||||||
4 | provide filters for each kitchen area that are certified by an | ||||||
5 | accredited third-party certification body to NSF/ANSI 53 and | ||||||
6 | NSF/ANSI 42 for the reduction of lead and particulate. If the | ||||||
7 | owner of the potentially affected building notifies the owner | ||||||
8 | or operator of the community water supply that replacement of | ||||||
9 | a portion of the lead service line after the emergency repair | ||||||
10 | is completed, then the owner or operator of the community | ||||||
11 | water supply shall replace the remainder of the lead service | ||||||
12 | line within 30 days after completion of the emergency repair. | ||||||
13 | A community water supply may take up to 120 days if necessary | ||||||
14 | due to weather conditions. If a replacement takes longer than | ||||||
15 | 30 days, filters provided by the owner of the potentially | ||||||
16 | affected building must be replaced in accordance with the | ||||||
17 | manufacturer's recommendations. Partial lead service line | ||||||
18 | replacements by the owners of potentially affected buildings | ||||||
19 | are otherwise prohibited. | ||||||
20 | (hh) For municipalities with a population in excess of | ||||||
21 | 1,000,000 inhabitants, the requirements of subsection (gg) | ||||||
22 | shall commence on January 1, 2023. | ||||||
23 | (ii) At least 45 days before conducting planned lead | ||||||
24 | service line replacement, the owner or operator of a community | ||||||
25 | water supply shall, by mail, attempt to contact the owner of | ||||||
26 | the potentially affected building serviced by the lead service |
| |||||||
| |||||||
1 | line to request access to the building and permission to | ||||||
2 | replace the lead service line in accordance with the lead | ||||||
3 | service line replacement plan. If the owner of the potentially | ||||||
4 | affected building does not respond to the request within 15 | ||||||
5 | days after the request is sent, the owner or operator of the | ||||||
6 | community water supply shall attempt to post the request on | ||||||
7 | the entrance of the potentially affected building. | ||||||
8 | If the owner or operator of a community water supply is | ||||||
9 | unable to obtain approval to access and replace a lead service | ||||||
10 | line, the owner or operator of the community water supply | ||||||
11 | shall request that the owner of the potentially affected | ||||||
12 | building sign a waiver. The waiver shall be developed by the | ||||||
13 | Department and should be made available in the owner's | ||||||
14 | language. If the owner of the potentially affected building | ||||||
15 | refuses to sign the waiver or fails to respond to the community | ||||||
16 | water supply after the community water supply has complied | ||||||
17 | with this subsection, then the community water supply shall | ||||||
18 | notify the Department in writing within 15 working days. | ||||||
19 | (jj) When replacing a lead service line or repairing or | ||||||
20 | replacing water mains with lead service lines or partial lead | ||||||
21 | service lines attached to them, the owner or operator of a | ||||||
22 | community water supply shall provide the owner of each | ||||||
23 | potentially affected building that is serviced by the affected | ||||||
24 | lead service lines or partial lead service lines, as well as | ||||||
25 | the occupants of those buildings, with an individual written | ||||||
26 | notice. The notice shall be delivered by mail or posted at the |
| |||||||
| |||||||
1 | primary entranceway of the building. The notice may, in | ||||||
2 | addition, be electronically mailed. Written notice shall | ||||||
3 | include, at a minimum, the following: | ||||||
4 | (1) a warning that the work may result in sediment, | ||||||
5 | possibly containing lead from the service line, in the | ||||||
6 | building's water; | ||||||
7 | (2) information concerning the best practices for | ||||||
8 | preventing exposure to or risk of consumption of lead in | ||||||
9 | drinking water, including a recommendation to flush water | ||||||
10 | lines during and after the completion of the repair or | ||||||
11 | replacement work and to clean faucet aerator screens; and | ||||||
12 | (3) information regarding the dangers of lead exposure | ||||||
13 | to young children and pregnant women. | ||||||
14 | When the individual written notice described in the first | ||||||
15 | paragraph of this subsection is required as a result of | ||||||
16 | planned work other than the repair or replacement of a water | ||||||
17 | meter, the owner or operator of the community water supply | ||||||
18 | shall provide the notice not less than 14 days before work | ||||||
19 | begins. When the individual written notice described in the | ||||||
20 | first paragraph of this subsection is required as a result of | ||||||
21 | emergency repairs other than the repair or replacement of a | ||||||
22 | water meter, the owner or operator of the community water | ||||||
23 | supply shall provide the notice at the time the work is | ||||||
24 | initiated. When the individual written notice described in the | ||||||
25 | first paragraph of this subsection is required as a result of | ||||||
26 | the repair or replacement of a water meter, the owner or |
| |||||||
| |||||||
1 | operator of the community water supply shall provide the | ||||||
2 | notice at the time the work is initiated. | ||||||
3 | The notifications required under this subsection must | ||||||
4 | contain the following
statement in the Spanish, Polish, | ||||||
5 | Chinese, Tagalog, Arabic, Korean, German, Urdu, and
Gujarati:
| ||||||
6 | "This notice contains important information about your water | ||||||
7 | service and may affect your
rights. We encourage you to have | ||||||
8 | this notice translated in full into a language you
understand | ||||||
9 | and before you make any decisions that may be required under | ||||||
10 | this notice." | ||||||
11 | An owner or operator of a community water supply that is | ||||||
12 | required under this subsection to provide an individual | ||||||
13 | written notice to the owner and occupant of a potentially | ||||||
14 | affected building that is a multi-dwelling building may | ||||||
15 | satisfy that requirement and the requirements of this | ||||||
16 | subsection regarding notification to non-English speaking | ||||||
17 | customers by posting the required notice on the primary | ||||||
18 | entranceway of the building and at the location where the | ||||||
19 | occupant's mail is delivered as reasonably as possible. | ||||||
20 | When this subsection would require the owner or operator | ||||||
21 | of a community water supply to provide an individual written | ||||||
22 | notice to the entire community served by the community water | ||||||
23 | supply or would require the owner or operator of a community | ||||||
24 | water supply to provide individual written notices as a result | ||||||
25 | of emergency repairs or when the community water supply that | ||||||
26 | is required to comply with this subsection is a small system, |
| |||||||
| |||||||
1 | the owner or operator of the community water supply may | ||||||
2 | provide the required notice through local media outlets, | ||||||
3 | social media, or other similar means in lieu of providing the | ||||||
4 | individual written notices otherwise required under this | ||||||
5 | subsection. | ||||||
6 | No notifications are required under this subsection for | ||||||
7 | work performed on water mains that are used to transmit | ||||||
8 | treated water between community water supplies and properties | ||||||
9 | that have no service connections. | ||||||
10 | (kk) No community water supply that sells water to any | ||||||
11 | wholesale or retail consecutive community water supply may | ||||||
12 | pass on any costs associated with compliance with this Section | ||||||
13 | to consecutive systems. | ||||||
14 | (ll) To the extent allowed by law, when a community water | ||||||
15 | supply replaces or installs a lead service line in a public | ||||||
16 | right-of-way or enters into an agreement with a private | ||||||
17 | contractor for replacement or installation of a lead service | ||||||
18 | line, the community water supply shall be held harmless for | ||||||
19 | all damage to property when replacing or installing the lead | ||||||
20 | service line. If dangers are encountered that prevent the | ||||||
21 | replacement of the lead service line, the community water | ||||||
22 | supply shall notify the Department within 15 working days of | ||||||
23 | why the replacement of the lead service line could not be | ||||||
24 | accomplished. | ||||||
25 | (mm) The Agency may propose to the Board, and the Board may | ||||||
26 | adopt, any rules necessary to implement and administer this |
| |||||||
| |||||||
1 | Section. The Department may adopt rules necessary to address | ||||||
2 | lead service lines attached to non-community noncommunity | ||||||
3 | water supplies. | ||||||
4 | (nn) Notwithstanding any other provision in this Section, | ||||||
5 | no requirement in this Section shall be construed as being | ||||||
6 | less stringent than existing applicable federal requirements. | ||||||
7 | (oo) All lead service line replacements financed in whole | ||||||
8 | or in part with funds obtained under this Section shall be | ||||||
9 | considered public works for purposes of the Prevailing Wage | ||||||
10 | Act.
| ||||||
11 | (Source: P.A. 102-613, eff. 1-1-22; revised 12-1-21.)
| ||||||
12 | (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
| ||||||
13 | Sec. 21. Prohibited acts. No person shall:
| ||||||
14 | (a) Cause or allow the open dumping of any waste.
| ||||||
15 | (b) Abandon, dump, or deposit any waste upon the public | ||||||
16 | highways or
other public property, except in a sanitary | ||||||
17 | landfill approved by the
Agency pursuant to regulations | ||||||
18 | adopted by the Board.
| ||||||
19 | (c) Abandon any vehicle in violation of the "Abandoned | ||||||
20 | Vehicles
Amendment to the Illinois Vehicle Code", as enacted | ||||||
21 | by the 76th General
Assembly.
| ||||||
22 | (d) Conduct any waste-storage, waste-treatment, or | ||||||
23 | waste-disposal
operation:
| ||||||
24 | (1) without a permit granted by the Agency or in | ||||||
25 | violation of any
conditions imposed by such permit, |
| |||||||
| |||||||
1 | including periodic reports and full
access to adequate | ||||||
2 | records and the inspection of facilities, as may be
| ||||||
3 | necessary to assure compliance with this Act and with | ||||||
4 | regulations and
standards adopted thereunder; provided, | ||||||
5 | however, that, except for municipal
solid waste landfill | ||||||
6 | units that receive waste on or after October 9, 1993, and | ||||||
7 | CCR surface impoundments,
no permit shall be
required for | ||||||
8 | (i) any person conducting a waste-storage, | ||||||
9 | waste-treatment, or
waste-disposal operation for wastes | ||||||
10 | generated by such person's own
activities which are | ||||||
11 | stored, treated, or disposed within the site where
such | ||||||
12 | wastes are generated, (ii) until one year after the | ||||||
13 | effective date of rules adopted by the Board under | ||||||
14 | subsection (n) of Section 22.38,
a facility located in a | ||||||
15 | county with a
population over 700,000 as of January 1, | ||||||
16 | 2000, operated and located in accordance with
Section | ||||||
17 | 22.38 of this Act, and used exclusively for the transfer, | ||||||
18 | storage, or
treatment of general construction or | ||||||
19 | demolition debris, provided that the facility was | ||||||
20 | receiving construction or demolition debris on August 24, | ||||||
21 | 2009 (the effective date of Public Act 96-611), or (iii) | ||||||
22 | any person conducting a waste transfer, storage, | ||||||
23 | treatment, or disposal operation, including, but not | ||||||
24 | limited to, a waste transfer or waste composting | ||||||
25 | operation, under a mass animal mortality event plan | ||||||
26 | created by the Department of Agriculture;
|
| |||||||
| |||||||
1 | (2) in violation of any regulations or standards | ||||||
2 | adopted by the
Board under this Act;
| ||||||
3 | (3) which receives waste after August 31, 1988, does | ||||||
4 | not have a permit
issued by the Agency, and is (i) a | ||||||
5 | landfill used exclusively for the
disposal of waste | ||||||
6 | generated at the site, (ii) a surface impoundment
| ||||||
7 | receiving special waste not listed in an NPDES permit, | ||||||
8 | (iii) a waste pile
in which the total volume of waste is | ||||||
9 | greater than 100 cubic yards or the
waste is stored for | ||||||
10 | over one year, or (iv) a land treatment facility
receiving | ||||||
11 | special waste generated at the site; without giving notice | ||||||
12 | of the
operation to the Agency by January 1, 1989, or 30 | ||||||
13 | days after the date on
which the operation commences, | ||||||
14 | whichever is later, and every 3 years
thereafter. The form | ||||||
15 | for such notification shall be specified by the
Agency, | ||||||
16 | and shall be limited to information regarding: the name | ||||||
17 | and address
of the location of the operation; the type of | ||||||
18 | operation; the types and
amounts of waste stored, treated | ||||||
19 | or disposed of on an annual basis; the
remaining capacity | ||||||
20 | of the operation; and the remaining expected life of
the | ||||||
21 | operation.
| ||||||
22 | Item (3) of this subsection (d) shall not apply to any | ||||||
23 | person
engaged in agricultural activity who is disposing of a | ||||||
24 | substance that
constitutes solid waste, if the substance was | ||||||
25 | acquired for use by that
person on his own property, and the | ||||||
26 | substance is disposed of on his own
property in accordance |
| |||||||
| |||||||
1 | with regulations or standards adopted by the Board.
| ||||||
2 | This subsection (d) shall not apply to hazardous waste.
| ||||||
3 | (e) Dispose, treat, store or abandon any waste, or | ||||||
4 | transport any waste
into this State for disposal, treatment, | ||||||
5 | storage or abandonment, except at
a site or facility which | ||||||
6 | meets the requirements of this Act and of
regulations and | ||||||
7 | standards thereunder.
| ||||||
8 | (f) Conduct any hazardous waste-storage, hazardous | ||||||
9 | waste-treatment or
hazardous waste-disposal operation:
| ||||||
10 | (1) without a RCRA permit for the site issued by the | ||||||
11 | Agency under
subsection (d) of Section 39 of this Act, or | ||||||
12 | in violation of any condition
imposed by such permit, | ||||||
13 | including periodic reports and full access to
adequate | ||||||
14 | records and the inspection of facilities, as may be | ||||||
15 | necessary to
assure compliance with this Act and with | ||||||
16 | regulations and standards adopted
thereunder; or
| ||||||
17 | (2) in violation of any regulations or standards | ||||||
18 | adopted by the Board
under this Act; or
| ||||||
19 | (3) in violation of any RCRA permit filing requirement | ||||||
20 | established under
standards adopted by the Board under | ||||||
21 | this Act; or
| ||||||
22 | (4) in violation of any order adopted by the Board | ||||||
23 | under this Act.
| ||||||
24 | Notwithstanding the above, no RCRA permit shall be | ||||||
25 | required under this
subsection or subsection (d) of Section 39 | ||||||
26 | of this Act for any
person engaged in agricultural activity |
| |||||||
| |||||||
1 | who is disposing of a substance
which has been identified as a | ||||||
2 | hazardous waste, and which has been
designated by Board | ||||||
3 | regulations as being subject to this exception, if the
| ||||||
4 | substance was acquired for use by that person on his own | ||||||
5 | property and the
substance is disposed of on his own property | ||||||
6 | in accordance with regulations
or standards adopted by the | ||||||
7 | Board.
| ||||||
8 | (g) Conduct any hazardous waste-transportation operation:
| ||||||
9 | (1) without registering with and obtaining a special | ||||||
10 | waste hauling permit from the Agency in
accordance with | ||||||
11 | the regulations adopted by the Board under this Act; or
| ||||||
12 | (2) in violation of any regulations or standards | ||||||
13 | adopted by
the
Board under this Act.
| ||||||
14 | (h) Conduct any hazardous waste-recycling or hazardous | ||||||
15 | waste-reclamation
or hazardous waste-reuse operation in | ||||||
16 | violation of any regulations, standards
or permit requirements | ||||||
17 | adopted by the Board under this Act.
| ||||||
18 | (i) Conduct any process or engage in any act which | ||||||
19 | produces hazardous
waste in violation of any regulations or | ||||||
20 | standards adopted by the Board
under subsections (a) and (c) | ||||||
21 | of Section 22.4 of this Act.
| ||||||
22 | (j) Conduct any special waste-transportation operation in | ||||||
23 | violation
of any regulations, standards or permit requirements | ||||||
24 | adopted by the Board
under this Act. However, sludge from a | ||||||
25 | water or sewage treatment plant
owned and operated by a unit of | ||||||
26 | local government which (1) is subject to a
sludge management |
| |||||||
| |||||||
1 | plan approved by the Agency or a permit granted by the
Agency, | ||||||
2 | and (2) has been tested and determined not to be a hazardous | ||||||
3 | waste
as required by applicable State and federal laws and | ||||||
4 | regulations, may be
transported in this State without a | ||||||
5 | special waste hauling permit, and the
preparation and carrying | ||||||
6 | of a manifest shall not be required for such
sludge under the | ||||||
7 | rules of the Pollution Control Board. The unit of local
| ||||||
8 | government which operates the treatment plant producing such | ||||||
9 | sludge shall
file an annual report with the Agency identifying | ||||||
10 | the volume of such
sludge transported during the reporting | ||||||
11 | period, the hauler of the sludge,
and the disposal sites to | ||||||
12 | which it was transported. This subsection (j)
shall not apply | ||||||
13 | to hazardous waste.
| ||||||
14 | (k) Fail or refuse to pay any fee imposed under this Act.
| ||||||
15 | (l) Locate a hazardous waste disposal site above an active | ||||||
16 | or
inactive shaft or tunneled mine or within 2 miles of an | ||||||
17 | active fault in
the earth's crust. In counties of population | ||||||
18 | less than 225,000 no
hazardous waste disposal site shall be | ||||||
19 | located (1) within 1 1/2 miles of
the corporate limits as | ||||||
20 | defined on June 30, 1978, of any municipality
without the | ||||||
21 | approval of the governing body of the municipality in an
| ||||||
22 | official action; or (2) within 1000 feet of an existing | ||||||
23 | private well or
the existing source of a public water supply | ||||||
24 | measured from the boundary
of the actual active permitted site | ||||||
25 | and excluding existing private wells
on the property of the | ||||||
26 | permit applicant. The provisions of this
subsection do not |
| |||||||
| |||||||
1 | apply to publicly owned sewage works or the disposal
or | ||||||
2 | utilization of sludge from publicly owned sewage works.
| ||||||
3 | (m) Transfer interest in any land which has been used as a
| ||||||
4 | hazardous waste disposal site without written notification to | ||||||
5 | the Agency
of the transfer and to the transferee of the | ||||||
6 | conditions imposed by the Agency
upon its use under subsection | ||||||
7 | (g) of Section 39.
| ||||||
8 | (n) Use any land which has been used as a hazardous waste
| ||||||
9 | disposal site except in compliance with conditions imposed by | ||||||
10 | the Agency
under subsection (g) of Section 39.
| ||||||
11 | (o) Conduct a sanitary landfill operation which is | ||||||
12 | required to have a
permit under subsection (d) of this | ||||||
13 | Section, in a manner which results in
any of the following | ||||||
14 | conditions:
| ||||||
15 | (1) refuse in standing or flowing waters;
| ||||||
16 | (2) leachate flows entering waters of the State;
| ||||||
17 | (3) leachate flows exiting the landfill confines (as | ||||||
18 | determined by the
boundaries established for the landfill | ||||||
19 | by a permit issued by the Agency);
| ||||||
20 | (4) open burning of refuse in violation of Section 9 | ||||||
21 | of this Act;
| ||||||
22 | (5) uncovered refuse remaining from any previous | ||||||
23 | operating day or at the
conclusion of any operating day, | ||||||
24 | unless authorized by permit;
| ||||||
25 | (6) failure to provide final cover within time limits | ||||||
26 | established by
Board regulations;
|
| |||||||
| |||||||
1 | (7) acceptance of wastes without necessary permits;
| ||||||
2 | (8) scavenging as defined by Board regulations;
| ||||||
3 | (9) deposition of refuse in any unpermitted portion of | ||||||
4 | the landfill;
| ||||||
5 | (10) acceptance of a special waste without a required | ||||||
6 | manifest;
| ||||||
7 | (11) failure to submit reports required by permits or | ||||||
8 | Board regulations;
| ||||||
9 | (12) failure to collect and contain litter from the | ||||||
10 | site by the end of
each operating day;
| ||||||
11 | (13) failure to submit any cost estimate for the site | ||||||
12 | or any performance
bond or other security for the site as | ||||||
13 | required by this Act or Board rules.
| ||||||
14 | The prohibitions specified in this subsection (o) shall be | ||||||
15 | enforceable by
the Agency either by administrative citation | ||||||
16 | under Section 31.1 of this Act
or as otherwise provided by this | ||||||
17 | Act. The specific prohibitions in this
subsection do not limit | ||||||
18 | the power of the Board to establish regulations
or standards | ||||||
19 | applicable to sanitary landfills.
| ||||||
20 | (p) In violation of subdivision (a) of this Section, cause | ||||||
21 | or allow the
open dumping of any waste in a manner which | ||||||
22 | results in any of the following
occurrences at the dump site:
| ||||||
23 | (1) litter;
| ||||||
24 | (2) scavenging;
| ||||||
25 | (3) open burning;
| ||||||
26 | (4) deposition of waste in standing or flowing waters;
|
| |||||||
| |||||||
1 | (5) proliferation of disease vectors;
| ||||||
2 | (6) standing or flowing liquid discharge from the dump | ||||||
3 | site;
| ||||||
4 | (7) deposition of:
| ||||||
5 | (i) general construction or demolition debris as | ||||||
6 | defined in Section
3.160(a) of this Act; or
| ||||||
7 | (ii) clean construction or demolition debris as | ||||||
8 | defined in Section
3.160(b) of this Act.
| ||||||
9 | The prohibitions specified in this subsection (p) shall be
| ||||||
10 | enforceable by the Agency either by administrative citation | ||||||
11 | under Section
31.1 of this Act or as otherwise provided by this | ||||||
12 | Act. The specific
prohibitions in this subsection do not limit | ||||||
13 | the power of the Board to
establish regulations or standards | ||||||
14 | applicable to open dumping.
| ||||||
15 | (q) Conduct a landscape waste composting operation without | ||||||
16 | an Agency
permit, provided, however, that no permit shall be | ||||||
17 | required for any person:
| ||||||
18 | (1) conducting a landscape waste composting operation | ||||||
19 | for landscape
wastes generated by such person's own | ||||||
20 | activities which are stored, treated,
or disposed of | ||||||
21 | within the site where such wastes are generated; or
| ||||||
22 | (1.5) conducting a landscape waste composting | ||||||
23 | operation that (i) has no more than 25 cubic yards of | ||||||
24 | landscape waste, composting additives, composting | ||||||
25 | material, or end-product compost on-site at any one time | ||||||
26 | and (ii) is not engaging in commercial activity; or |
| |||||||
| |||||||
1 | (2) applying landscape waste or composted landscape | ||||||
2 | waste at agronomic
rates; or
| ||||||
3 | (2.5) operating a landscape waste composting facility | ||||||
4 | at a site having 10 or more occupied non-farm residences | ||||||
5 | within 1/2 mile of its boundaries, if the facility meets | ||||||
6 | all of the following criteria: | ||||||
7 | (A) the composting facility is operated by the | ||||||
8 | farmer on property on which the composting material is | ||||||
9 | utilized, and the composting facility
constitutes no | ||||||
10 | more than 2% of the site's total acreage; | ||||||
11 | (A-5) any composting additives that the composting | ||||||
12 | facility accepts and uses at the facility are | ||||||
13 | necessary to provide proper conditions for composting | ||||||
14 | and do not exceed 10% of the total composting material | ||||||
15 | at the facility at any one time; | ||||||
16 | (B) the property on which the composting facility | ||||||
17 | is located, and any associated property on which the | ||||||
18 | compost is used, is principally and diligently devoted | ||||||
19 | to the production of agricultural crops and is not | ||||||
20 | owned, leased, or otherwise controlled by any waste | ||||||
21 | hauler or generator of nonagricultural compost | ||||||
22 | materials, and the operator of the composting facility | ||||||
23 | is not an employee, partner, shareholder, or in any | ||||||
24 | way connected with or controlled by any such waste | ||||||
25 | hauler or generator; | ||||||
26 | (C) all compost generated by the composting |
| |||||||
| |||||||
1 | facility is applied at agronomic rates and used as | ||||||
2 | mulch, fertilizer, or soil conditioner on land | ||||||
3 | actually farmed by the person operating the composting | ||||||
4 | facility, and the finished compost is not stored at | ||||||
5 | the composting site for a period longer than 18 months | ||||||
6 | prior to its application as mulch, fertilizer, or soil | ||||||
7 | conditioner; | ||||||
8 | (D) no fee is charged for the acceptance of | ||||||
9 | materials to be composted at the facility; and | ||||||
10 | (E) the owner or operator, by January 1, 2014 (or | ||||||
11 | the January 1
following commencement of operation, | ||||||
12 | whichever is later) and January 1 of
each year | ||||||
13 | thereafter, registers the site with the Agency, (ii) | ||||||
14 | reports to the Agency on the volume of composting | ||||||
15 | material received and used at the site; (iii) | ||||||
16 | certifies to the Agency that the site complies with | ||||||
17 | the
requirements set forth in subparagraphs (A), | ||||||
18 | (A-5), (B), (C), and (D) of this paragraph
(2.5); and | ||||||
19 | (iv) certifies to the Agency that all composting | ||||||
20 | material was placed more than 200 feet from the | ||||||
21 | nearest potable water supply well, was placed outside | ||||||
22 | the boundary of the 10-year floodplain or on a part of | ||||||
23 | the site that is floodproofed, was placed at least 1/4 | ||||||
24 | mile from the nearest residence (other than a | ||||||
25 | residence located on the same property as the | ||||||
26 | facility) or a lesser distance from the nearest |
| |||||||
| |||||||
1 | residence (other than a residence located on the same | ||||||
2 | property as the facility) if the municipality in which | ||||||
3 | the facility is located has by ordinance approved a | ||||||
4 | lesser distance than 1/4 mile, and was placed more | ||||||
5 | than 5 feet above the water table; any ordinance | ||||||
6 | approving a residential setback of less than 1/4 mile | ||||||
7 | that is used to meet the requirements of this | ||||||
8 | subparagraph (E) of paragraph (2.5) of this subsection | ||||||
9 | must specifically reference this paragraph; or | ||||||
10 | (3) operating a landscape waste composting facility on | ||||||
11 | a farm, if the
facility meets all of the following | ||||||
12 | criteria:
| ||||||
13 | (A) the composting facility is operated by the | ||||||
14 | farmer on property on
which the composting material is | ||||||
15 | utilized, and the composting facility
constitutes no | ||||||
16 | more than 2% of the property's total acreage, except | ||||||
17 | that
the Board may allow a higher percentage for | ||||||
18 | individual sites where the owner
or operator has | ||||||
19 | demonstrated to the Board that the site's soil
| ||||||
20 | characteristics or crop needs require a higher rate;
| ||||||
21 | (A-1) the composting facility accepts from other | ||||||
22 | agricultural operations for composting with landscape | ||||||
23 | waste no materials other than uncontaminated and | ||||||
24 | source-separated (i) crop residue and other | ||||||
25 | agricultural plant residue generated from the | ||||||
26 | production and harvesting of crops and other customary |
| |||||||
| |||||||
1 | farm practices, including, but not limited to, stalks, | ||||||
2 | leaves, seed pods, husks, bagasse, and roots and (ii) | ||||||
3 | plant-derived animal bedding, such as straw or | ||||||
4 | sawdust, that is free of manure and was not made from | ||||||
5 | painted or treated wood; | ||||||
6 | (A-2) any composting additives that the composting | ||||||
7 | facility accepts and uses at the facility are | ||||||
8 | necessary to provide proper conditions for composting | ||||||
9 | and do not exceed 10% of the total composting material | ||||||
10 | at the facility at any one time; | ||||||
11 | (B) the property on which the composting facility | ||||||
12 | is located, and any
associated property on which the | ||||||
13 | compost is used, is principally and
diligently devoted | ||||||
14 | to the production of agricultural crops and
is not | ||||||
15 | owned, leased or otherwise controlled by any waste | ||||||
16 | hauler
or generator of nonagricultural compost | ||||||
17 | materials, and the operator of the
composting facility | ||||||
18 | is not an employee, partner, shareholder, or in any | ||||||
19 | way
connected with or controlled by any such waste | ||||||
20 | hauler or generator;
| ||||||
21 | (C) all compost generated by the composting | ||||||
22 | facility is applied at
agronomic rates and used as | ||||||
23 | mulch, fertilizer or soil conditioner on land
actually | ||||||
24 | farmed by the person operating the composting | ||||||
25 | facility, and the
finished compost is not stored at | ||||||
26 | the composting site for a period longer
than 18 months |
| |||||||
| |||||||
1 | prior to its application as mulch, fertilizer, or soil | ||||||
2 | conditioner;
| ||||||
3 | (D) the owner or operator, by January 1 of
each | ||||||
4 | year, (i) registers the site with the Agency, (ii) | ||||||
5 | reports
to the Agency on the volume of composting | ||||||
6 | material received and used at the
site, (iii) | ||||||
7 | certifies to the Agency that the site complies with | ||||||
8 | the
requirements set forth in subparagraphs (A), | ||||||
9 | (A-1), (A-2), (B), and (C) of this paragraph
(q)(3), | ||||||
10 | and (iv) certifies to the Agency that all composting | ||||||
11 | material: | ||||||
12 | (I) was
placed more than 200 feet from the | ||||||
13 | nearest potable water supply well; | ||||||
14 | (II) was
placed outside the boundary of the | ||||||
15 | 10-year floodplain or on a part of the
site that is | ||||||
16 | floodproofed; | ||||||
17 | (III) was placed either (aa) at least 1/4 mile | ||||||
18 | from the nearest
residence (other than a residence | ||||||
19 | located on the same property as the
facility) and | ||||||
20 | there are not more than 10 occupied non-farm | ||||||
21 | residences
within 1/2 mile of the boundaries of | ||||||
22 | the site on the date of application or (bb) a | ||||||
23 | lesser distance from the nearest residence (other | ||||||
24 | than a residence located on the same property as | ||||||
25 | the facility) provided that the municipality or | ||||||
26 | county in which the facility is located has by |
| |||||||
| |||||||
1 | ordinance approved a lesser distance than 1/4 mile | ||||||
2 | and there are not more than 10 occupied non-farm | ||||||
3 | residences
within 1/2 mile of the boundaries of | ||||||
4 | the site on the date of application;
and | ||||||
5 | (IV) was placed more than 5 feet above the | ||||||
6 | water table. | ||||||
7 | Any ordinance approving a residential setback of | ||||||
8 | less than 1/4 mile that is used to meet the | ||||||
9 | requirements of this subparagraph (D) must | ||||||
10 | specifically reference this subparagraph.
| ||||||
11 | For the purposes of this subsection (q), "agronomic rates" | ||||||
12 | means the
application of not more than 20 tons per acre per | ||||||
13 | year, except that the
Board may allow a higher rate for | ||||||
14 | individual sites where the owner or
operator has demonstrated | ||||||
15 | to the Board that the site's soil
characteristics or crop | ||||||
16 | needs require a higher rate.
| ||||||
17 | (r) Cause or allow the storage or disposal of coal | ||||||
18 | combustion
waste unless:
| ||||||
19 | (1) such waste is stored or disposed of at a site or
| ||||||
20 | facility for which
a permit has been obtained or is not | ||||||
21 | otherwise required under subsection
(d) of this Section; | ||||||
22 | or
| ||||||
23 | (2) such waste is stored or disposed of as a part of
| ||||||
24 | the design and
reclamation of a site or facility which is | ||||||
25 | an abandoned mine site in
accordance with the Abandoned | ||||||
26 | Mined Lands and Water Reclamation Act; or
|
| |||||||
| |||||||
1 | (3) such waste is stored or disposed of at a site or
| ||||||
2 | facility which is
operating under NPDES and Subtitle D | ||||||
3 | permits issued by the Agency pursuant
to regulations | ||||||
4 | adopted by the Board for mine-related water pollution and
| ||||||
5 | permits issued pursuant to the federal Surface Mining | ||||||
6 | Control and
Reclamation Act of 1977 (P.L. 95-87) or the | ||||||
7 | rules and regulations
thereunder or any law or rule or | ||||||
8 | regulation adopted by the State of
Illinois pursuant | ||||||
9 | thereto, and the owner or operator of the facility agrees
| ||||||
10 | to accept the waste; and either:
| ||||||
11 | (i) such waste is stored or disposed of in | ||||||
12 | accordance
with requirements
applicable to refuse | ||||||
13 | disposal under regulations adopted by the Board for
| ||||||
14 | mine-related water pollution and pursuant to NPDES and | ||||||
15 | Subtitle D permits
issued by the Agency under such | ||||||
16 | regulations; or
| ||||||
17 | (ii) the owner or operator of the facility | ||||||
18 | demonstrates all of the
following to the Agency, and | ||||||
19 | the facility is operated in accordance with
the | ||||||
20 | demonstration as approved by the Agency: (1) the | ||||||
21 | disposal area will be
covered in a manner that will | ||||||
22 | support continuous vegetation, (2) the
facility will | ||||||
23 | be adequately protected from wind and water erosion, | ||||||
24 | (3) the
pH will be maintained so as to prevent | ||||||
25 | excessive leaching of metal ions,
and (4) adequate | ||||||
26 | containment or other measures will be provided to |
| |||||||
| |||||||
1 | protect
surface water and groundwater from | ||||||
2 | contamination at levels prohibited by
this Act, the | ||||||
3 | Illinois Groundwater Protection Act, or regulations | ||||||
4 | adopted
pursuant thereto.
| ||||||
5 | Notwithstanding any other provision of this Title, the | ||||||
6 | disposal of coal
combustion waste pursuant to item (2) or (3) | ||||||
7 | of this
subdivision (r) shall
be exempt from the other | ||||||
8 | provisions of this Title V, and notwithstanding
the provisions | ||||||
9 | of Title X of this Act, the Agency is authorized to grant
| ||||||
10 | experimental permits which include provision for the disposal | ||||||
11 | of
wastes from the combustion of coal and other materials | ||||||
12 | pursuant to items
(2) and (3) of this subdivision (r).
| ||||||
13 | (s) After April 1, 1989, offer for transportation, | ||||||
14 | transport, deliver,
receive or accept special waste for which | ||||||
15 | a manifest is required, unless
the manifest indicates that the | ||||||
16 | fee required under Section 22.8 of this
Act has been paid.
| ||||||
17 | (t) Cause or allow a lateral expansion of a municipal | ||||||
18 | solid waste landfill
unit on or after October 9, 1993, without | ||||||
19 | a permit modification, granted by the
Agency, that authorizes | ||||||
20 | the lateral expansion.
| ||||||
21 | (u) Conduct any vegetable by-product treatment, storage, | ||||||
22 | disposal or
transportation operation in violation of any | ||||||
23 | regulation, standards or permit
requirements adopted by the | ||||||
24 | Board under this Act. However, no permit shall be
required | ||||||
25 | under this Title V for the land application of vegetable | ||||||
26 | by-products
conducted pursuant to Agency permit issued under |
| |||||||
| |||||||
1 | Title III of this Act to
the generator of the vegetable | ||||||
2 | by-products. In addition, vegetable by-products
may be | ||||||
3 | transported in this State without a special waste hauling | ||||||
4 | permit, and
without the preparation and carrying of a | ||||||
5 | manifest.
| ||||||
6 | (v) (Blank).
| ||||||
7 | (w) Conduct any generation, transportation, or recycling | ||||||
8 | of construction or
demolition debris, clean or general, or | ||||||
9 | uncontaminated soil generated during
construction, remodeling, | ||||||
10 | repair, and demolition of utilities, structures, and
roads | ||||||
11 | that is not commingled with any waste, without the maintenance | ||||||
12 | of
documentation identifying the hauler, generator, place of | ||||||
13 | origin of the debris
or soil, the weight or volume of the | ||||||
14 | debris or soil, and the location, owner,
and operator of the | ||||||
15 | facility where the debris or soil was transferred,
disposed, | ||||||
16 | recycled, or treated. This documentation must be maintained by | ||||||
17 | the
generator, transporter, or recycler for 3 years.
This | ||||||
18 | subsection (w) shall not apply to (1) a permitted pollution | ||||||
19 | control
facility that transfers or accepts construction or | ||||||
20 | demolition debris,
clean or general, or uncontaminated soil | ||||||
21 | for final disposal, recycling, or
treatment, (2) a public | ||||||
22 | utility (as that term is defined in the Public
Utilities Act) | ||||||
23 | or a municipal utility, (3) the Illinois Department of
| ||||||
24 | Transportation, or (4) a municipality or a county highway | ||||||
25 | department, with
the exception of any municipality or county | ||||||
26 | highway department located within a
county having a population |
| |||||||
| |||||||
1 | of over 3,000,000 inhabitants or located in a county
that
is | ||||||
2 | contiguous to a county having a population of over 3,000,000 | ||||||
3 | inhabitants;
but it shall apply to an entity that contracts | ||||||
4 | with a public utility, a
municipal utility, the Illinois | ||||||
5 | Department of Transportation, or a
municipality or a county | ||||||
6 | highway department.
The terms
"generation" and "recycling", as
| ||||||
7 | used in this subsection, do not
apply to clean construction or | ||||||
8 | demolition debris
when (i) used as fill material below grade | ||||||
9 | outside of a setback zone
if covered by sufficient | ||||||
10 | uncontaminated soil to support vegetation within 30
days of | ||||||
11 | the completion of filling or if covered by a road or structure, | ||||||
12 | (ii)
solely broken concrete without
protruding metal bars is | ||||||
13 | used for erosion control, or (iii) milled
asphalt or crushed | ||||||
14 | concrete is used as aggregate in construction of the
shoulder | ||||||
15 | of a roadway. The terms "generation" and "recycling", as used | ||||||
16 | in this
subsection, do not apply to uncontaminated soil
that | ||||||
17 | is not commingled with any waste when (i) used as fill material | ||||||
18 | below
grade or contoured to grade, or (ii) used at the site of | ||||||
19 | generation.
| ||||||
20 | (Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22; | ||||||
21 | 102-310, eff. 8-6-21; 102-558, eff. 8-20-21; revised | ||||||
22 | 10-14-21.)
| ||||||
23 | (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
| ||||||
24 | Sec. 22.15. Solid Waste Management Fund; fees.
| ||||||
25 | (a) There is hereby created within the State Treasury a
|
| |||||||
| |||||||
1 | special fund to be known as the Solid Waste Management Fund, to | ||||||
2 | be
constituted from the fees collected by the State pursuant | ||||||
3 | to this Section,
from repayments of loans made from the Fund | ||||||
4 | for solid waste projects, from registration fees collected | ||||||
5 | pursuant to the Consumer Electronics Recycling Act, and from | ||||||
6 | amounts transferred into the Fund pursuant to Public Act | ||||||
7 | 100-433.
Moneys received by either the Agency or the | ||||||
8 | Department of Commerce and Economic Opportunity
in repayment | ||||||
9 | of loans made pursuant to the Illinois Solid Waste Management
| ||||||
10 | Act shall be deposited into the General Revenue Fund.
| ||||||
11 | (b) The Agency shall assess and collect a
fee in the amount | ||||||
12 | set forth herein from the owner or operator of each sanitary
| ||||||
13 | landfill permitted or required to be permitted by the Agency | ||||||
14 | to dispose of
solid waste if the sanitary landfill is located | ||||||
15 | off the site where such waste
was produced and if such sanitary | ||||||
16 | landfill is owned, controlled, and operated
by a person other | ||||||
17 | than the generator of such waste. The Agency shall deposit
all | ||||||
18 | fees collected into the Solid Waste Management Fund. If a site | ||||||
19 | is
contiguous to one or more landfills owned or operated by the | ||||||
20 | same person, the
volumes permanently disposed of by each | ||||||
21 | landfill shall be combined for purposes
of determining the fee | ||||||
22 | under this subsection. Beginning on July 1, 2018, and on the | ||||||
23 | first day of each month thereafter during fiscal years 2019 | ||||||
24 | through 2022, the State Comptroller shall direct and State | ||||||
25 | Treasurer shall transfer an amount equal to 1/12 of $5,000,000 | ||||||
26 | per fiscal year from the Solid Waste Management Fund to the |
| |||||||
| |||||||
1 | General Revenue Fund.
| ||||||
2 | (1) If more than 150,000 cubic yards of non-hazardous | ||||||
3 | solid waste is
permanently disposed of at a site in a | ||||||
4 | calendar year, the owner or operator
shall either pay a | ||||||
5 | fee of 95 cents per cubic yard or,
alternatively, the | ||||||
6 | owner or operator may weigh the quantity of the solid | ||||||
7 | waste
permanently disposed of with a device for which | ||||||
8 | certification has been obtained
under the Weights and | ||||||
9 | Measures Act and pay a fee of $2.00 per
ton of solid waste | ||||||
10 | permanently disposed of. In no case shall the fee | ||||||
11 | collected
or paid by the owner or operator under this | ||||||
12 | paragraph exceed $1.55 per cubic yard or $3.27 per ton.
| ||||||
13 | (2) If more than 100,000 cubic yards but not more than | ||||||
14 | 150,000 cubic
yards of non-hazardous waste is permanently | ||||||
15 | disposed of at a site in a calendar
year, the owner or | ||||||
16 | operator shall pay a fee of $52,630.
| ||||||
17 | (3) If more than 50,000 cubic yards but not more than | ||||||
18 | 100,000 cubic
yards of non-hazardous solid waste is | ||||||
19 | permanently disposed of at a site
in a calendar year, the | ||||||
20 | owner or operator shall pay a fee of $23,790.
| ||||||
21 | (4) If more than 10,000 cubic yards but not more than | ||||||
22 | 50,000 cubic
yards of non-hazardous solid waste is | ||||||
23 | permanently disposed of at a site
in a calendar year, the | ||||||
24 | owner or operator shall pay a fee of $7,260.
| ||||||
25 | (5) If not more than 10,000 cubic yards of | ||||||
26 | non-hazardous solid waste is
permanently disposed of at a |
| |||||||
| |||||||
1 | site in a calendar year, the owner or operator
shall pay a | ||||||
2 | fee of $1050.
| ||||||
3 | (c) (Blank).
| ||||||
4 | (d) The Agency shall establish rules relating to the | ||||||
5 | collection of the
fees authorized by this Section. Such rules | ||||||
6 | shall include, but not be
limited to:
| ||||||
7 | (1) necessary records identifying the quantities of | ||||||
8 | solid waste received
or disposed;
| ||||||
9 | (2) the form and submission of reports to accompany | ||||||
10 | the payment of fees
to the Agency;
| ||||||
11 | (3) the time and manner of payment of fees to the | ||||||
12 | Agency, which payments
shall not be more often than | ||||||
13 | quarterly; and
| ||||||
14 | (4) procedures setting forth criteria establishing | ||||||
15 | when an owner or
operator may measure by weight or volume | ||||||
16 | during any given quarter or other
fee payment period.
| ||||||
17 | (e) Pursuant to appropriation, all monies in the Solid | ||||||
18 | Waste Management
Fund shall be used by the Agency for the | ||||||
19 | purposes set forth in this Section and in the Illinois
Solid | ||||||
20 | Waste Management Act, including for the costs of fee | ||||||
21 | collection and
administration, and for the administration of | ||||||
22 | (1) the Consumer Electronics Recycling Act and (2) until | ||||||
23 | January 1, 2020, the Electronic Products Recycling and Reuse | ||||||
24 | Act.
| ||||||
25 | (f) The Agency is authorized to enter into such agreements | ||||||
26 | and to
promulgate such rules as are necessary to carry out its |
| |||||||
| |||||||
1 | duties under this
Section and the Illinois Solid Waste | ||||||
2 | Management Act.
| ||||||
3 | (g) On the first day of January, April, July, and October | ||||||
4 | of each year,
beginning on July 1, 1996, the State Comptroller | ||||||
5 | and Treasurer shall
transfer $500,000 from the Solid Waste | ||||||
6 | Management Fund to the Hazardous Waste
Fund. Moneys | ||||||
7 | transferred under this subsection (g) shall be used only for | ||||||
8 | the
purposes set forth in item (1) of subsection (d) of Section | ||||||
9 | 22.2.
| ||||||
10 | (h) The Agency is authorized to provide financial | ||||||
11 | assistance to units of
local government for the performance of | ||||||
12 | inspecting, investigating and
enforcement activities pursuant | ||||||
13 | to Section 4(r) at nonhazardous solid
waste disposal sites.
| ||||||
14 | (i) The Agency is authorized to conduct household waste | ||||||
15 | collection and
disposal programs.
| ||||||
16 | (j) A unit of local government, as defined in the Local | ||||||
17 | Solid Waste Disposal
Act, in which a solid waste disposal | ||||||
18 | facility is located may establish a fee,
tax, or surcharge | ||||||
19 | with regard to the permanent disposal of solid waste.
All | ||||||
20 | fees, taxes, and surcharges collected under this subsection | ||||||
21 | shall be
utilized for solid waste management purposes, | ||||||
22 | including long-term monitoring
and maintenance of landfills, | ||||||
23 | planning, implementation, inspection, enforcement
and other | ||||||
24 | activities consistent with the Solid Waste Management Act and | ||||||
25 | the
Local Solid Waste Disposal Act, or for any other | ||||||
26 | environment-related purpose,
including , but not limited to , an |
| |||||||
| |||||||
1 | environment-related public works project, but
not for the | ||||||
2 | construction of a new pollution control facility other than a
| ||||||
3 | household hazardous waste facility. However, the total fee, | ||||||
4 | tax or surcharge
imposed by all units of local government | ||||||
5 | under this subsection (j) upon the
solid waste disposal | ||||||
6 | facility shall not exceed:
| ||||||
7 | (1) 60¢ per cubic yard if more than 150,000 cubic | ||||||
8 | yards of non-hazardous
solid waste is permanently disposed | ||||||
9 | of at the site in a calendar year, unless
the owner or | ||||||
10 | operator weighs the quantity of the solid waste received | ||||||
11 | with a
device for which certification has been obtained | ||||||
12 | under the Weights and Measures
Act, in which case the fee | ||||||
13 | shall not exceed $1.27 per ton of solid waste
permanently | ||||||
14 | disposed of.
| ||||||
15 | (2) $33,350 if more than 100,000
cubic yards, but not | ||||||
16 | more than 150,000 cubic yards, of non-hazardous waste
is | ||||||
17 | permanently disposed of at the site in a calendar year.
| ||||||
18 | (3) $15,500 if more than 50,000 cubic
yards, but not | ||||||
19 | more than 100,000 cubic yards, of non-hazardous solid | ||||||
20 | waste is
permanently disposed of at the site in a calendar | ||||||
21 | year.
| ||||||
22 | (4) $4,650 if more than 10,000 cubic
yards, but not | ||||||
23 | more than 50,000 cubic yards, of non-hazardous solid waste
| ||||||
24 | is permanently disposed of at the site in a calendar year.
| ||||||
25 | (5) $650 if not more than 10,000 cubic
yards of | ||||||
26 | non-hazardous solid waste is permanently disposed of at |
| |||||||
| |||||||
1 | the site in
a calendar year.
| ||||||
2 | The corporate authorities of the unit of local government
| ||||||
3 | may use proceeds from the fee, tax, or surcharge to reimburse a | ||||||
4 | highway
commissioner whose road district lies wholly or | ||||||
5 | partially within the
corporate limits of the unit of local | ||||||
6 | government for expenses incurred in
the removal of | ||||||
7 | nonhazardous, nonfluid municipal waste that has been dumped
on | ||||||
8 | public property in violation of a State law or local | ||||||
9 | ordinance.
| ||||||
10 | For the disposal of solid waste from general construction
| ||||||
11 | or demolition debris recovery facilities as defined in | ||||||
12 | subsection (a-1) of Section 3.160, the total fee, tax, or | ||||||
13 | surcharge imposed by
all units of local government under this | ||||||
14 | subsection (j) upon
the solid waste disposal facility shall | ||||||
15 | not exceed 50% of the
applicable amount set forth above. A unit | ||||||
16 | of local government,
as defined in the Local Solid Waste | ||||||
17 | Disposal Act, in which a
general construction or demolition | ||||||
18 | debris recovery facility is
located may establish a fee, tax, | ||||||
19 | or surcharge on the general construction or demolition debris | ||||||
20 | recovery facility with
regard to the permanent disposal of | ||||||
21 | solid waste by the
general construction or demolition debris | ||||||
22 | recovery facility at
a solid waste disposal facility, provided | ||||||
23 | that such fee, tax,
or surcharge shall not exceed 50% of the | ||||||
24 | applicable amount set
forth above, based on the total amount | ||||||
25 | of solid waste transported from the general construction or | ||||||
26 | demolition debris recovery facility for disposal at solid |
| |||||||
| |||||||
1 | waste disposal facilities, and the unit of local government | ||||||
2 | and fee shall be
subject to all other requirements of this | ||||||
3 | subsection (j). | ||||||
4 | A county or Municipal Joint Action Agency that imposes a | ||||||
5 | fee, tax, or
surcharge under this subsection may use the | ||||||
6 | proceeds thereof to reimburse a
municipality that lies wholly | ||||||
7 | or partially within its boundaries for expenses
incurred in | ||||||
8 | the removal of nonhazardous, nonfluid municipal waste that has | ||||||
9 | been
dumped on public property in violation of a State law or | ||||||
10 | local ordinance.
| ||||||
11 | If the fees are to be used to conduct a local sanitary | ||||||
12 | landfill
inspection or enforcement program, the unit of local | ||||||
13 | government must enter
into a written delegation agreement with | ||||||
14 | the Agency pursuant to subsection
(r) of Section 4. The unit of | ||||||
15 | local government and the Agency shall enter
into such a | ||||||
16 | written delegation agreement within 60 days after the
| ||||||
17 | establishment of such fees. At least annually,
the Agency | ||||||
18 | shall conduct an audit of the expenditures made by units of | ||||||
19 | local
government from the funds granted by the Agency to the | ||||||
20 | units of local
government for purposes of local sanitary | ||||||
21 | landfill inspection and enforcement
programs, to ensure that | ||||||
22 | the funds have been expended for the prescribed
purposes under | ||||||
23 | the grant.
| ||||||
24 | The fees, taxes or surcharges collected under this | ||||||
25 | subsection (j) shall
be placed by the unit of local government | ||||||
26 | in a separate fund, and the
interest received on the moneys in |
| |||||||
| |||||||
1 | the fund shall be credited to the fund. The
monies in the fund | ||||||
2 | may be accumulated over a period of years to be
expended in | ||||||
3 | accordance with this subsection.
| ||||||
4 | A unit of local government, as defined in the Local Solid | ||||||
5 | Waste Disposal
Act, shall prepare and post on its website, in | ||||||
6 | April of each year, a
report that details spending plans for | ||||||
7 | monies collected in accordance with
this subsection. The | ||||||
8 | report will at a minimum include the following:
| ||||||
9 | (1) The total monies collected pursuant to this | ||||||
10 | subsection.
| ||||||
11 | (2) The most current balance of monies collected | ||||||
12 | pursuant to this
subsection.
| ||||||
13 | (3) An itemized accounting of all monies expended for | ||||||
14 | the previous year
pursuant to this subsection.
| ||||||
15 | (4) An estimation of monies to be collected for the | ||||||
16 | following 3
years pursuant to this subsection.
| ||||||
17 | (5) A narrative detailing the general direction and | ||||||
18 | scope of future
expenditures for one, 2 and 3 years.
| ||||||
19 | The exemptions granted under Sections 22.16 and 22.16a, | ||||||
20 | and under
subsection (k) of this Section, shall be applicable | ||||||
21 | to any fee,
tax or surcharge imposed under this subsection | ||||||
22 | (j); except that the fee,
tax or surcharge authorized to be | ||||||
23 | imposed under this subsection (j) may be
made applicable by a | ||||||
24 | unit of local government to the permanent disposal of
solid | ||||||
25 | waste after December 31, 1986, under any contract lawfully | ||||||
26 | executed
before June 1, 1986 under which more than 150,000 |
| |||||||
| |||||||
1 | cubic yards (or 50,000 tons)
of solid waste is to be | ||||||
2 | permanently disposed of, even though the waste is
exempt from | ||||||
3 | the fee imposed by the State under subsection (b) of this | ||||||
4 | Section
pursuant to an exemption granted under Section 22.16.
| ||||||
5 | (k) In accordance with the findings and purposes of the | ||||||
6 | Illinois Solid
Waste Management Act, beginning January 1, 1989 | ||||||
7 | the fee under subsection
(b) and the fee, tax or surcharge | ||||||
8 | under subsection (j) shall not apply to:
| ||||||
9 | (1) waste which is hazardous waste;
| ||||||
10 | (2) waste which is pollution control waste;
| ||||||
11 | (3) waste from recycling, reclamation or reuse | ||||||
12 | processes which have been
approved by the Agency as being | ||||||
13 | designed to remove any contaminant from
wastes so as to | ||||||
14 | render such wastes reusable, provided that the process
| ||||||
15 | renders at least 50% of the waste reusable; the exemption | ||||||
16 | set forth in this paragraph (3) of this subsection (k) | ||||||
17 | shall not apply to general construction or demolition | ||||||
18 | debris recovery
facilities as defined in subsection (a-1) | ||||||
19 | of Section 3.160;
| ||||||
20 | (4) non-hazardous solid waste that is received at a | ||||||
21 | sanitary landfill
and composted or recycled through a | ||||||
22 | process permitted by the Agency; or
| ||||||
23 | (5) any landfill which is permitted by the Agency to | ||||||
24 | receive only
demolition or construction debris or | ||||||
25 | landscape waste.
| ||||||
26 | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
| |||||||
| |||||||
1 | 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. | ||||||
2 | 8-20-21; revised 9-28-21.)
| ||||||
3 | (415 ILCS 5/22.59) | ||||||
4 | Sec. 22.59. CCR surface impoundments. | ||||||
5 | (a) The General Assembly finds that: | ||||||
6 | (1) the State of Illinois has a long-standing policy | ||||||
7 | to restore, protect, and enhance the environment, | ||||||
8 | including the purity of the air, land, and waters, | ||||||
9 | including groundwaters, of this State; | ||||||
10 | (2) a clean environment is essential to the growth and | ||||||
11 | well-being of this State; | ||||||
12 | (3) CCR generated by the electric generating industry | ||||||
13 | has caused groundwater contamination and other forms of | ||||||
14 | pollution at active and inactive plants throughout this | ||||||
15 | State; | ||||||
16 | (4) environmental laws should be supplemented to | ||||||
17 | ensure consistent, responsible regulation of all existing | ||||||
18 | CCR surface impoundments; and | ||||||
19 | (5) meaningful participation of State residents, | ||||||
20 | especially vulnerable populations who may be affected by | ||||||
21 | regulatory actions, is critical to ensure that | ||||||
22 | environmental justice considerations are incorporated in | ||||||
23 | the development of, decision-making related to, and | ||||||
24 | implementation of environmental laws and rulemaking that | ||||||
25 | protects and improves the well-being of communities in |
| |||||||
| |||||||
1 | this State that bear disproportionate burdens imposed by | ||||||
2 | environmental pollution. | ||||||
3 | Therefore, the purpose of this Section is to promote a | ||||||
4 | healthful environment, including clean water, air, and land, | ||||||
5 | meaningful public involvement, and the responsible disposal | ||||||
6 | and storage of coal combustion residuals, so as to protect | ||||||
7 | public health and to prevent pollution of the environment of | ||||||
8 | this State. | ||||||
9 | The provisions of this Section shall be liberally | ||||||
10 | construed to carry out the purposes of this Section. | ||||||
11 | (b) No person shall: | ||||||
12 | (1) cause or allow the discharge of any contaminants | ||||||
13 | from a CCR surface impoundment into the environment so as | ||||||
14 | to cause, directly or indirectly, a violation of this | ||||||
15 | Section or any regulations or standards adopted by the | ||||||
16 | Board under this Section, either alone or in combination | ||||||
17 | with contaminants from other sources; | ||||||
18 | (2) construct, install, modify, operate, or close any | ||||||
19 | CCR surface impoundment without a permit granted by the | ||||||
20 | Agency, or so as to violate any conditions imposed by such | ||||||
21 | permit, any provision of this Section or any regulations | ||||||
22 | or standards adopted by the Board under this Section; | ||||||
23 | (3) cause or allow, directly or indirectly, the | ||||||
24 | discharge, deposit, injection, dumping, spilling, leaking, | ||||||
25 | or placing of any CCR upon the land in a place and manner | ||||||
26 | so as to cause or tend to cause a violation of this Section |
| |||||||
| |||||||
1 | or any regulations or standards adopted by the Board under | ||||||
2 | this Section; or | ||||||
3 | (4) construct, install, modify, or close a CCR surface
| ||||||
4 | impoundment in accordance with a permit issued under this
| ||||||
5 | Act without certifying to the Agency that all contractors, | ||||||
6 | subcontractors, and installers utilized to construct, | ||||||
7 | install, modify, or close a CCR surface impoundment are | ||||||
8 | participants in: | ||||||
9 | (A) a training program that is approved by and
| ||||||
10 | registered with the United States Department of
| ||||||
11 | Labor's Employment and Training Administration and
| ||||||
12 | that includes instruction in erosion control and
| ||||||
13 | environmental remediation; and | ||||||
14 | (B) a training program that is approved by and
| ||||||
15 | registered with the United States Department of
| ||||||
16 | Labor's Employment and Training Administration and
| ||||||
17 | that includes instruction in the operation of heavy
| ||||||
18 | equipment and excavation. | ||||||
19 | Nothing in this paragraph (4) shall be construed to | ||||||
20 | require providers of construction-related professional | ||||||
21 | services to participate in a training program approved by | ||||||
22 | and registered with the United States Department of | ||||||
23 | Labor's Employment and Training Administration. | ||||||
24 | In this paragraph (4), "construction-related | ||||||
25 | professional services" includes, but is
not limited to, | ||||||
26 | those services within the scope of: (i) the
practice of |
| |||||||
| |||||||
1 | architecture as regulated under the
Illinois Architecture | ||||||
2 | Practice Act of 1989; (ii) professional
engineering as | ||||||
3 | defined in Section 4 of the Professional
Engineering | ||||||
4 | Practice Act of 1989; (iii) the practice of a structural
| ||||||
5 | engineer as defined in Section 4 of the Structural | ||||||
6 | Engineering Practice Act of
1989; or (iv) land surveying | ||||||
7 | under the Illinois Professional Land
Surveyor Act of 1989. | ||||||
8 | (c) (Blank). | ||||||
9 | (d) Before commencing closure of a CCR surface | ||||||
10 | impoundment, in accordance with Board rules, the owner of a | ||||||
11 | CCR surface impoundment must submit to the Agency for approval | ||||||
12 | a closure alternatives analysis that analyzes all closure | ||||||
13 | methods being considered and that otherwise satisfies all | ||||||
14 | closure requirements adopted by the Board under this Act. | ||||||
15 | Complete removal of CCR, as specified by the Board's rules, | ||||||
16 | from the CCR surface impoundment must be considered and | ||||||
17 | analyzed. Section 3.405 does not apply to the Board's rules | ||||||
18 | specifying complete removal of CCR. The selected closure | ||||||
19 | method must ensure compliance with regulations adopted by the | ||||||
20 | Board pursuant to this Section. | ||||||
21 | (e) Owners or operators of CCR surface impoundments who | ||||||
22 | have submitted a closure plan to the Agency before May 1, 2019, | ||||||
23 | and who have completed closure prior to 24 months after July | ||||||
24 | 30, 2019 (the effective date of Public Act 101-171) shall not | ||||||
25 | be required to obtain a construction permit for the surface | ||||||
26 | impoundment closure under this Section. |
| |||||||
| |||||||
1 | (f) Except for the State, its agencies and institutions, a | ||||||
2 | unit of local government, or not-for-profit electric | ||||||
3 | cooperative as defined in Section 3.4 of the Electric Supplier | ||||||
4 | Act, any person who owns or operates a CCR surface impoundment | ||||||
5 | in this State shall post with the Agency a performance bond or | ||||||
6 | other security for the purpose of: (i) ensuring closure of the | ||||||
7 | CCR surface impoundment and post-closure care in accordance | ||||||
8 | with this Act and its rules; and (ii) ensuring remediation of | ||||||
9 | releases from the CCR surface impoundment. The only acceptable | ||||||
10 | forms of financial assurance are: a trust fund, a surety bond | ||||||
11 | guaranteeing payment, a surety bond guaranteeing performance, | ||||||
12 | or an irrevocable letter of credit. | ||||||
13 | (1) The cost estimate for the post-closure care of a | ||||||
14 | CCR surface impoundment shall be calculated using a | ||||||
15 | 30-year post-closure care period or such longer period as | ||||||
16 | may be approved by the Agency under Board or federal | ||||||
17 | rules. | ||||||
18 | (2) The Agency is authorized to enter into such | ||||||
19 | contracts and agreements as it may deem necessary to carry | ||||||
20 | out the purposes of this Section. Neither the State, nor | ||||||
21 | the Director, nor any State employee shall be liable for | ||||||
22 | any damages or injuries arising out of or resulting from | ||||||
23 | any action taken under this Section. | ||||||
24 | (3) The Agency shall have the authority to approve or | ||||||
25 | disapprove any performance bond or other security posted | ||||||
26 | under this subsection. Any person whose performance bond |
| |||||||
| |||||||
1 | or other security is disapproved by the Agency may contest | ||||||
2 | the disapproval as a permit denial appeal pursuant to | ||||||
3 | Section 40. | ||||||
4 | (g) The Board shall adopt rules establishing construction | ||||||
5 | permit requirements, operating permit requirements, design | ||||||
6 | standards, reporting, financial assurance, and closure and | ||||||
7 | post-closure care requirements for CCR surface impoundments. | ||||||
8 | Not later than 8 months after July 30, 2019 (the effective date | ||||||
9 | of Public Act 101-171) the Agency shall propose, and not later | ||||||
10 | than one year after receipt of the Agency's proposal the Board | ||||||
11 | shall adopt, rules under this Section. The Board shall not be | ||||||
12 | deemed in noncompliance with the rulemaking deadline due to | ||||||
13 | delays in adopting rules as a result of the Joint Commission on | ||||||
14 | Administrative Rules oversight process. The rules must, at a | ||||||
15 | minimum: | ||||||
16 | (1) be at least as protective and comprehensive as the | ||||||
17 | federal regulations or amendments thereto promulgated by | ||||||
18 | the Administrator of the United States Environmental | ||||||
19 | Protection Agency in Subpart D of 40 CFR 257 governing CCR | ||||||
20 | surface impoundments; | ||||||
21 | (2) specify the minimum contents of CCR surface | ||||||
22 | impoundment construction and operating permit | ||||||
23 | applications, including the closure alternatives analysis | ||||||
24 | required under subsection (d); | ||||||
25 | (3) specify which types of permits include | ||||||
26 | requirements for closure, post-closure, remediation and |
| |||||||
| |||||||
1 | all other requirements applicable to CCR surface | ||||||
2 | impoundments; | ||||||
3 | (4) specify when permit applications for existing CCR | ||||||
4 | surface impoundments must be submitted, taking into | ||||||
5 | consideration whether the CCR surface impoundment must | ||||||
6 | close under the RCRA; | ||||||
7 | (5) specify standards for review and approval by the | ||||||
8 | Agency of CCR surface impoundment permit applications; | ||||||
9 | (6) specify meaningful public participation procedures | ||||||
10 | for the issuance of CCR surface impoundment construction | ||||||
11 | and operating permits, including, but not limited to, | ||||||
12 | public notice of the submission of permit applications, an | ||||||
13 | opportunity for the submission of public comments, an | ||||||
14 | opportunity for a public hearing prior to permit issuance, | ||||||
15 | and a summary and response of the comments prepared by the | ||||||
16 | Agency; | ||||||
17 | (7) prescribe the type and amount of the performance | ||||||
18 | bonds or other securities required under subsection (f), | ||||||
19 | and the conditions under which the State is entitled to | ||||||
20 | collect moneys from such performance bonds or other | ||||||
21 | securities; | ||||||
22 | (8) specify a procedure to identify areas of | ||||||
23 | environmental justice concern in relation to CCR surface | ||||||
24 | impoundments; | ||||||
25 | (9) specify a method to prioritize CCR surface | ||||||
26 | impoundments required to close under RCRA if not otherwise |
| |||||||
| |||||||
1 | specified by the United States Environmental Protection | ||||||
2 | Agency, so that the CCR surface impoundments with the | ||||||
3 | highest risk to public health and the environment, and | ||||||
4 | areas of environmental justice concern are given first | ||||||
5 | priority; | ||||||
6 | (10) define when complete removal of CCR is achieved | ||||||
7 | and specify the standards for responsible removal of CCR | ||||||
8 | from CCR surface impoundments, including, but not limited | ||||||
9 | to, dust controls and the protection of adjacent surface | ||||||
10 | water and groundwater; and | ||||||
11 | (11) describe the process and standards for | ||||||
12 | identifying a specific alternative source of groundwater | ||||||
13 | pollution when the owner or operator of the CCR surface | ||||||
14 | impoundment believes that groundwater contamination on the | ||||||
15 | site is not from the CCR surface impoundment. | ||||||
16 | (h) Any owner of a CCR surface impoundment that generates | ||||||
17 | CCR and sells or otherwise provides coal combustion byproducts | ||||||
18 | pursuant to Section 3.135 shall, every 12 months, post on its | ||||||
19 | publicly available website a report specifying the volume or | ||||||
20 | weight of CCR, in cubic yards or tons, that it sold or provided | ||||||
21 | during the past 12 months. | ||||||
22 | (i) The owner of a CCR surface impoundment shall post all | ||||||
23 | closure plans, permit applications, and supporting | ||||||
24 | documentation, as well as any Agency approval of the plans or | ||||||
25 | applications on its publicly available website. | ||||||
26 | (j) The owner or operator of a CCR surface impoundment |
| |||||||
| |||||||
1 | shall pay the following fees: | ||||||
2 | (1) An initial fee to the Agency within 6 months after | ||||||
3 | July 30, 2019 (the effective date of Public Act 101-171) | ||||||
4 | of: | ||||||
5 | $50,000 for each closed CCR surface impoundment; | ||||||
6 | and | ||||||
7 | $75,000 for each CCR surface impoundment that have | ||||||
8 | not completed closure. | ||||||
9 | (2) Annual fees to the Agency, beginning on July 1, | ||||||
10 | 2020, of: | ||||||
11 | $25,000 for each CCR surface impoundment that has | ||||||
12 | not completed closure; and | ||||||
13 | $15,000 for each CCR surface impoundment that has | ||||||
14 | completed closure, but has not completed post-closure | ||||||
15 | care. | ||||||
16 | (k) All fees collected by the Agency under subsection (j) | ||||||
17 | shall be deposited into the Environmental Protection Permit | ||||||
18 | and Inspection Fund. | ||||||
19 | (l) The Coal Combustion Residual Surface Impoundment | ||||||
20 | Financial Assurance Fund is created as a special fund in the | ||||||
21 | State treasury. Any moneys forfeited to the State of Illinois | ||||||
22 | from any performance bond or other security required under | ||||||
23 | this Section shall be placed in the Coal Combustion Residual | ||||||
24 | Surface Impoundment Financial Assurance Fund and shall, upon | ||||||
25 | approval by the Governor and the Director, be used by the | ||||||
26 | Agency for the purposes for which such performance bond or |
| |||||||
| |||||||
1 | other security was issued. The Coal Combustion Residual | ||||||
2 | Surface Impoundment Financial Assurance Fund is not subject to | ||||||
3 | the provisions of subsection (c) of Section 5 of the State | ||||||
4 | Finance Act. | ||||||
5 | (m) The provisions of this Section shall apply, without | ||||||
6 | limitation, to all existing CCR surface impoundments and any | ||||||
7 | CCR surface impoundments constructed after July 30, 2019 (the | ||||||
8 | effective date of Public Act 101-171), except to the extent | ||||||
9 | prohibited by the Illinois or United States Constitutions.
| ||||||
10 | (Source: P.A. 101-171, eff. 7-30-19; 102-16, eff. 6-17-21; | ||||||
11 | 102-137, eff. 7-23-21; 102-309, eff. 8-6-21; 102-558, eff. | ||||||
12 | 8-20-21; 102-662, eff. 9-15-21; revised 10-14-21.)
| ||||||
13 | (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
| ||||||
14 | Sec. 39. Issuance of permits; procedures.
| ||||||
15 | (a) When the Board has by regulation required a permit for
| ||||||
16 | the construction, installation, or operation of any type of | ||||||
17 | facility,
equipment, vehicle, vessel, or aircraft, the | ||||||
18 | applicant shall apply to
the Agency for such permit and it | ||||||
19 | shall be the duty of the Agency to
issue such a permit upon | ||||||
20 | proof by the applicant that the facility,
equipment, vehicle, | ||||||
21 | vessel, or aircraft will not cause a violation of
this Act or | ||||||
22 | of regulations hereunder. The Agency shall adopt such
| ||||||
23 | procedures as are necessary to carry out its duties under this | ||||||
24 | Section.
In making its determinations on permit applications | ||||||
25 | under this Section the Agency may consider prior adjudications |
| |||||||
| |||||||
1 | of
noncompliance with this Act by the applicant that involved | ||||||
2 | a release of a
contaminant into the environment. In granting | ||||||
3 | permits, the Agency
may impose reasonable conditions | ||||||
4 | specifically related to the applicant's past
compliance | ||||||
5 | history with this Act as necessary to correct, detect, or
| ||||||
6 | prevent noncompliance. The Agency may impose such other | ||||||
7 | conditions
as may be necessary to accomplish the purposes of | ||||||
8 | this Act, and as are not
inconsistent with the regulations | ||||||
9 | promulgated by the Board hereunder. Except as
otherwise | ||||||
10 | provided in this Act, a bond or other security shall not be | ||||||
11 | required
as a condition for the issuance of a permit. If the | ||||||
12 | Agency denies any permit
under this Section, the Agency shall | ||||||
13 | transmit to the applicant within the time
limitations of this | ||||||
14 | Section specific, detailed statements as to the reasons the
| ||||||
15 | permit application was denied. Such statements shall include, | ||||||
16 | but not be
limited to , the following:
| ||||||
17 | (i) the Sections of this Act which may be violated if | ||||||
18 | the permit
were granted;
| ||||||
19 | (ii) the provision of the regulations, promulgated | ||||||
20 | under this Act,
which may be violated if the permit were | ||||||
21 | granted;
| ||||||
22 | (iii) the specific type of information, if any, which | ||||||
23 | the Agency
deems the applicant did not provide the Agency; | ||||||
24 | and
| ||||||
25 | (iv) a statement of specific reasons why the Act and | ||||||
26 | the regulations
might not be met if the permit were |
| |||||||
| |||||||
1 | granted.
| ||||||
2 | If there is no final action by the Agency within 90 days | ||||||
3 | after the
filing of the application for permit, the applicant | ||||||
4 | may deem the permit
issued; except that this time period shall | ||||||
5 | be extended to 180 days when
(1) notice and opportunity for | ||||||
6 | public hearing are required by State or
federal law or | ||||||
7 | regulation, (2) the application which was filed is for
any | ||||||
8 | permit to develop a landfill subject to issuance pursuant to | ||||||
9 | this
subsection, or (3) the application that was filed is for a | ||||||
10 | MSWLF unit
required to issue public notice under subsection | ||||||
11 | (p) of Section 39. The
90-day and 180-day time periods for the | ||||||
12 | Agency to take final action do not
apply to NPDES permit | ||||||
13 | applications under subsection (b) of this Section,
to RCRA | ||||||
14 | permit applications under subsection (d) of this Section,
to | ||||||
15 | UIC permit applications under subsection (e) of this Section, | ||||||
16 | or to CCR surface impoundment applications under subsection | ||||||
17 | (y) of this Section.
| ||||||
18 | The Agency shall publish notice of all final permit | ||||||
19 | determinations for
development permits for MSWLF units and for | ||||||
20 | significant permit modifications
for lateral expansions for | ||||||
21 | existing MSWLF units one time in a newspaper of
general | ||||||
22 | circulation in the county in which the unit is or is proposed | ||||||
23 | to be
located.
| ||||||
24 | After January 1, 1994 and until July 1, 1998, operating | ||||||
25 | permits issued under
this Section by the
Agency for sources of | ||||||
26 | air pollution permitted to emit less than 25 tons
per year of |
| |||||||
| |||||||
1 | any combination of regulated air pollutants, as defined in
| ||||||
2 | Section 39.5 of this Act, shall be required to be renewed only | ||||||
3 | upon written
request by the Agency consistent with applicable | ||||||
4 | provisions of this Act and
regulations promulgated hereunder. | ||||||
5 | Such operating permits shall expire
180 days after the date of | ||||||
6 | such a request. The Board shall revise its
regulations for the | ||||||
7 | existing State air pollution operating permit program
| ||||||
8 | consistent with this provision by January 1, 1994.
| ||||||
9 | After June 30, 1998, operating permits issued under this | ||||||
10 | Section by the
Agency for sources of air pollution that are not | ||||||
11 | subject to Section 39.5 of
this Act and are not required to | ||||||
12 | have a federally enforceable State operating
permit shall be | ||||||
13 | required to be renewed only upon written request by the Agency
| ||||||
14 | consistent with applicable provisions of this Act and its | ||||||
15 | rules. Such
operating permits shall expire 180 days after the | ||||||
16 | date of such a request.
Before July 1, 1998, the Board shall | ||||||
17 | revise its rules for the existing State
air pollution | ||||||
18 | operating permit program consistent with this paragraph and | ||||||
19 | shall
adopt rules that require a source to demonstrate that it | ||||||
20 | qualifies for a permit
under this paragraph.
| ||||||
21 | (b) The Agency may issue NPDES permits exclusively under | ||||||
22 | this
subsection for the discharge of contaminants from point | ||||||
23 | sources into
navigable waters, all as defined in the Federal | ||||||
24 | Water Pollution Control
Act, as now or hereafter amended, | ||||||
25 | within the jurisdiction of the
State, or into any well.
| ||||||
26 | All NPDES permits shall contain those terms and |
| |||||||
| |||||||
1 | conditions, including,
but not limited to, schedules of | ||||||
2 | compliance, which may be required to
accomplish the purposes | ||||||
3 | and provisions of this Act.
| ||||||
4 | The Agency may issue general NPDES permits for discharges | ||||||
5 | from categories
of point sources which are subject to the same | ||||||
6 | permit limitations and
conditions. Such general permits may be | ||||||
7 | issued without individual
applications and shall conform to | ||||||
8 | regulations promulgated under Section 402
of the Federal Water | ||||||
9 | Pollution Control Act, as now or hereafter amended.
| ||||||
10 | The Agency may include, among such conditions, effluent | ||||||
11 | limitations
and other requirements established under this Act, | ||||||
12 | Board regulations,
the Federal Water Pollution Control Act, as | ||||||
13 | now or hereafter amended, and
regulations pursuant thereto, | ||||||
14 | and schedules for achieving compliance
therewith at the | ||||||
15 | earliest reasonable date.
| ||||||
16 | The Agency shall adopt filing requirements and procedures | ||||||
17 | which are
necessary and appropriate for the issuance of NPDES | ||||||
18 | permits, and which
are consistent with the Act or regulations | ||||||
19 | adopted by the Board, and
with the Federal Water Pollution | ||||||
20 | Control Act, as now or hereafter
amended, and regulations | ||||||
21 | pursuant thereto.
| ||||||
22 | The Agency, subject to any conditions which may be | ||||||
23 | prescribed by
Board regulations, may issue NPDES permits to | ||||||
24 | allow discharges beyond
deadlines established by this Act or | ||||||
25 | by regulations of the Board without
the requirement of a | ||||||
26 | variance, subject to the Federal Water Pollution
Control Act, |
| |||||||
| |||||||
1 | as now or hereafter amended, and regulations pursuant thereto.
| ||||||
2 | (c) Except for those facilities owned or operated by | ||||||
3 | sanitary districts
organized under the Metropolitan Water | ||||||
4 | Reclamation District Act, no
permit for the development or | ||||||
5 | construction of a new pollution control
facility may be | ||||||
6 | granted by the Agency unless the applicant submits proof to | ||||||
7 | the
Agency that the location of the facility has been approved | ||||||
8 | by the county board
of the county if in an unincorporated area, | ||||||
9 | or the governing body of the
municipality when in an | ||||||
10 | incorporated area, in which the facility is to be
located in | ||||||
11 | accordance with Section 39.2 of this Act. For purposes of this | ||||||
12 | subsection (c), and for purposes of Section 39.2 of this Act, | ||||||
13 | the appropriate county board or governing body of the | ||||||
14 | municipality shall be the county board of the county or the | ||||||
15 | governing body of the municipality in which the facility is to | ||||||
16 | be located as of the date when the application for siting | ||||||
17 | approval is filed.
| ||||||
18 | In the event that siting approval granted pursuant to | ||||||
19 | Section 39.2 has
been transferred to a subsequent owner or | ||||||
20 | operator, that subsequent owner or
operator may apply to the | ||||||
21 | Agency for, and the Agency may grant, a development
or | ||||||
22 | construction permit for the facility for which local siting | ||||||
23 | approval was
granted. Upon application to the Agency for a | ||||||
24 | development or
construction permit by that subsequent owner or | ||||||
25 | operator,
the permit applicant shall cause written notice of | ||||||
26 | the permit application
to be served upon the appropriate |
| |||||||
| |||||||
1 | county board or governing body of the
municipality that | ||||||
2 | granted siting approval for that facility and upon any party
| ||||||
3 | to the siting proceeding pursuant to which siting approval was | ||||||
4 | granted. In
that event, the Agency shall conduct an evaluation | ||||||
5 | of the subsequent owner or
operator's prior experience in | ||||||
6 | waste management operations in the manner
conducted under | ||||||
7 | subsection (i) of Section 39 of this Act.
| ||||||
8 | Beginning August 20, 1993, if the pollution control | ||||||
9 | facility consists of a
hazardous or solid waste disposal | ||||||
10 | facility for which the proposed site is
located in an | ||||||
11 | unincorporated area of a county with a population of less than
| ||||||
12 | 100,000 and includes all or a portion of a parcel of land that | ||||||
13 | was, on April 1,
1993, adjacent to a municipality having a | ||||||
14 | population of less than 5,000, then
the local siting review | ||||||
15 | required under this subsection (c) in conjunction with
any | ||||||
16 | permit applied for after that date shall be performed by the | ||||||
17 | governing body
of that adjacent municipality rather than the | ||||||
18 | county board of the county in
which the proposed site is | ||||||
19 | located; and for the purposes of that local siting
review, any | ||||||
20 | references in this Act to the county board shall be deemed to | ||||||
21 | mean
the governing body of that adjacent municipality; | ||||||
22 | provided, however, that the
provisions of this paragraph shall | ||||||
23 | not apply to any proposed site which was, on
April 1, 1993, | ||||||
24 | owned in whole or in part by another municipality.
| ||||||
25 | In the case of a pollution control facility for which a
| ||||||
26 | development permit was issued before November 12, 1981, if an |
| |||||||
| |||||||
1 | operating
permit has not been issued by the Agency prior to | ||||||
2 | August 31, 1989 for
any portion of the facility, then the | ||||||
3 | Agency may not issue or renew any
development permit nor issue | ||||||
4 | an original operating permit for any portion of
such facility | ||||||
5 | unless the applicant has submitted proof to the Agency that | ||||||
6 | the
location of the facility has been approved by the | ||||||
7 | appropriate county board or
municipal governing body pursuant | ||||||
8 | to Section 39.2 of this Act.
| ||||||
9 | After January 1, 1994, if a solid waste
disposal facility, | ||||||
10 | any portion for which an operating permit has been issued by
| ||||||
11 | the Agency, has not accepted waste disposal for 5 or more | ||||||
12 | consecutive calendar
years, before that facility may accept | ||||||
13 | any new or additional waste for
disposal, the owner and | ||||||
14 | operator must obtain a new operating permit under this
Act for | ||||||
15 | that facility unless the owner and operator have applied to | ||||||
16 | the Agency
for a permit authorizing the temporary suspension | ||||||
17 | of waste acceptance. The
Agency may not issue a new operation | ||||||
18 | permit under this Act for the facility
unless the applicant | ||||||
19 | has submitted proof to the Agency that the location of the
| ||||||
20 | facility has been approved or re-approved by the appropriate | ||||||
21 | county board or
municipal governing body under Section 39.2 of | ||||||
22 | this Act after the facility
ceased accepting waste.
| ||||||
23 | Except for those facilities owned or operated by sanitary | ||||||
24 | districts
organized under the Metropolitan Water Reclamation | ||||||
25 | District Act, and
except for new pollution control facilities | ||||||
26 | governed by Section 39.2,
and except for fossil fuel mining |
| |||||||
| |||||||
1 | facilities, the granting of a permit under
this Act shall not | ||||||
2 | relieve the applicant from meeting and securing all
necessary | ||||||
3 | zoning approvals from the unit of government having zoning
| ||||||
4 | jurisdiction over the proposed facility.
| ||||||
5 | Before beginning construction on any new sewage treatment | ||||||
6 | plant or sludge
drying site to be owned or operated by a | ||||||
7 | sanitary district organized under
the Metropolitan Water | ||||||
8 | Reclamation District Act for which a new
permit (rather than | ||||||
9 | the renewal or amendment of an existing permit) is
required, | ||||||
10 | such sanitary district shall hold a public hearing within the
| ||||||
11 | municipality within which the proposed facility is to be | ||||||
12 | located, or within the
nearest community if the proposed | ||||||
13 | facility is to be located within an
unincorporated area, at | ||||||
14 | which information concerning the proposed facility
shall be | ||||||
15 | made available to the public, and members of the public shall | ||||||
16 | be given
the opportunity to express their views concerning the | ||||||
17 | proposed facility.
| ||||||
18 | The Agency may issue a permit for a municipal waste | ||||||
19 | transfer station
without requiring approval pursuant to | ||||||
20 | Section 39.2 provided that the following
demonstration is | ||||||
21 | made:
| ||||||
22 | (1) the municipal waste transfer station was in | ||||||
23 | existence on or before
January 1, 1979 and was in | ||||||
24 | continuous operation from January 1, 1979 to January
1, | ||||||
25 | 1993;
| ||||||
26 | (2) the operator submitted a permit application to the |
| |||||||
| |||||||
1 | Agency to develop
and operate the municipal waste transfer | ||||||
2 | station during April of 1994;
| ||||||
3 | (3) the operator can demonstrate that the county board | ||||||
4 | of the county, if
the municipal waste transfer station is | ||||||
5 | in an unincorporated area, or the
governing body of the | ||||||
6 | municipality, if the station is in an incorporated area,
| ||||||
7 | does not object to resumption of the operation of the | ||||||
8 | station; and
| ||||||
9 | (4) the site has local zoning approval.
| ||||||
10 | (d) The Agency may issue RCRA permits exclusively under | ||||||
11 | this
subsection to persons owning or operating a facility for | ||||||
12 | the treatment,
storage, or disposal of hazardous waste as | ||||||
13 | defined under this Act. Subsection (y) of this Section, rather | ||||||
14 | than this subsection (d), shall apply to permits issued for | ||||||
15 | CCR surface impoundments.
| ||||||
16 | All RCRA permits shall contain those terms and conditions, | ||||||
17 | including, but
not limited to, schedules of compliance, which | ||||||
18 | may be required to accomplish
the purposes and provisions of | ||||||
19 | this Act. The Agency may include among such
conditions | ||||||
20 | standards and other requirements established under this Act,
| ||||||
21 | Board regulations, the Resource Conservation and Recovery Act | ||||||
22 | of 1976 (P.L.
94-580), as amended, and regulations pursuant | ||||||
23 | thereto, and may include
schedules for achieving compliance | ||||||
24 | therewith as soon as possible. The
Agency shall require that a | ||||||
25 | performance bond or other security be provided
as a condition | ||||||
26 | for the issuance of a RCRA permit.
|
| |||||||
| |||||||
1 | In the case of a permit to operate a hazardous waste or PCB | ||||||
2 | incinerator
as defined in subsection (k) of Section 44, the | ||||||
3 | Agency shall require, as a
condition of the permit, that the | ||||||
4 | operator of the facility perform such
analyses of the waste to | ||||||
5 | be incinerated as may be necessary and appropriate
to ensure | ||||||
6 | the safe operation of the incinerator.
| ||||||
7 | The Agency shall adopt filing requirements and procedures | ||||||
8 | which
are necessary and appropriate for the issuance of RCRA | ||||||
9 | permits, and which
are consistent with the Act or regulations | ||||||
10 | adopted by the Board, and with
the Resource Conservation and | ||||||
11 | Recovery Act of 1976 (P.L. 94-580), as
amended, and | ||||||
12 | regulations pursuant thereto.
| ||||||
13 | The applicant shall make available to the public for | ||||||
14 | inspection all
documents submitted by the applicant to the | ||||||
15 | Agency in furtherance
of an application, with the exception of | ||||||
16 | trade secrets, at the office of
the county board or governing | ||||||
17 | body of the municipality. Such documents
may be copied upon | ||||||
18 | payment of the actual cost of reproduction during regular
| ||||||
19 | business hours of the local office. The Agency shall issue a | ||||||
20 | written statement
concurrent with its grant or denial of the | ||||||
21 | permit explaining the basis for its
decision.
| ||||||
22 | (e) The Agency may issue UIC permits exclusively under | ||||||
23 | this
subsection to persons owning or operating a facility for | ||||||
24 | the underground
injection of contaminants as defined under | ||||||
25 | this Act.
| ||||||
26 | All UIC permits shall contain those terms and conditions, |
| |||||||
| |||||||
1 | including, but
not limited to, schedules of compliance, which | ||||||
2 | may be required to accomplish
the purposes and provisions of | ||||||
3 | this Act. The Agency may include among such
conditions | ||||||
4 | standards and other requirements established under this Act,
| ||||||
5 | Board regulations, the Safe Drinking Water Act (P.L. 93-523), | ||||||
6 | as amended,
and regulations pursuant thereto, and may include | ||||||
7 | schedules for achieving
compliance therewith. The Agency shall | ||||||
8 | require that a performance bond or
other security be provided | ||||||
9 | as a condition for the issuance of a UIC permit.
| ||||||
10 | The Agency shall adopt filing requirements and procedures | ||||||
11 | which
are necessary and appropriate for the issuance of UIC | ||||||
12 | permits, and which
are consistent with the Act or regulations | ||||||
13 | adopted by the Board, and with
the Safe Drinking Water Act | ||||||
14 | (P.L. 93-523), as amended, and regulations
pursuant thereto.
| ||||||
15 | The applicant shall make available to the public for | ||||||
16 | inspection , all
documents submitted by the applicant to the | ||||||
17 | Agency in furtherance of an
application, with the exception of | ||||||
18 | trade secrets, at the office of the county
board or governing | ||||||
19 | body of the municipality. Such documents may be copied upon
| ||||||
20 | payment of the actual cost of reproduction during regular | ||||||
21 | business hours of the
local office. The Agency shall issue a | ||||||
22 | written statement concurrent with its
grant or denial of the | ||||||
23 | permit explaining the basis for its decision.
| ||||||
24 | (f) In making any determination pursuant to Section 9.1 of | ||||||
25 | this Act:
| ||||||
26 | (1) The Agency shall have authority to make the |
| |||||||
| |||||||
1 | determination of any
question required to be determined by | ||||||
2 | the Clean Air Act, as now or
hereafter amended, this Act, | ||||||
3 | or the regulations of the Board, including the
| ||||||
4 | determination of the Lowest Achievable Emission Rate, | ||||||
5 | Maximum Achievable
Control Technology, or Best Available | ||||||
6 | Control Technology, consistent with the
Board's | ||||||
7 | regulations, if any.
| ||||||
8 | (2) The Agency shall adopt requirements as necessary | ||||||
9 | to implement public participation procedures, including, | ||||||
10 | but not limited to, public notice, comment, and an | ||||||
11 | opportunity for hearing, which must accompany the | ||||||
12 | processing of applications for PSD permits. The Agency | ||||||
13 | shall briefly describe and respond to all significant | ||||||
14 | comments on the draft permit raised during the public | ||||||
15 | comment period or during any hearing. The Agency may group | ||||||
16 | related comments together and provide one unified response | ||||||
17 | for each issue raised. | ||||||
18 | (3) Any complete permit application submitted to the | ||||||
19 | Agency under this subsection for a PSD permit shall be | ||||||
20 | granted or denied by the Agency not later than one year | ||||||
21 | after the filing of such completed application. | ||||||
22 | (4) The Agency shall, after conferring with the | ||||||
23 | applicant, give written
notice to the applicant of its | ||||||
24 | proposed decision on the application, including
the terms | ||||||
25 | and conditions of the permit to be issued and the facts, | ||||||
26 | conduct,
or other basis upon which the Agency will rely to |
| |||||||
| |||||||
1 | support its proposed action.
| ||||||
2 | (g) The Agency shall include as conditions upon all | ||||||
3 | permits issued for
hazardous waste disposal sites such | ||||||
4 | restrictions upon the future use
of such sites as are | ||||||
5 | reasonably necessary to protect public health and
the | ||||||
6 | environment, including permanent prohibition of the use of | ||||||
7 | such
sites for purposes which may create an unreasonable risk | ||||||
8 | of injury to human
health or to the environment. After | ||||||
9 | administrative and judicial challenges
to such restrictions | ||||||
10 | have been exhausted, the Agency shall file such
restrictions | ||||||
11 | of record in the Office of the Recorder of the county in which
| ||||||
12 | the hazardous waste disposal site is located.
| ||||||
13 | (h) A hazardous waste stream may not be deposited in a | ||||||
14 | permitted hazardous
waste site unless specific authorization | ||||||
15 | is obtained from the Agency by the
generator and disposal site | ||||||
16 | owner and operator for the deposit of that specific
hazardous | ||||||
17 | waste stream. The Agency may grant specific authorization for
| ||||||
18 | disposal of hazardous waste streams only after the generator | ||||||
19 | has reasonably
demonstrated that, considering
technological | ||||||
20 | feasibility and economic reasonableness, the hazardous waste
| ||||||
21 | cannot be reasonably recycled for reuse, nor incinerated or | ||||||
22 | chemically,
physically , or biologically treated so as to | ||||||
23 | neutralize the hazardous waste
and render it nonhazardous. In | ||||||
24 | granting authorization under this Section,
the Agency may | ||||||
25 | impose such conditions as may be necessary to accomplish
the | ||||||
26 | purposes of the Act and are consistent with this Act and |
| |||||||
| |||||||
1 | regulations
promulgated by the Board hereunder. If the Agency | ||||||
2 | refuses to grant
authorization under this Section, the | ||||||
3 | applicant may appeal as if the Agency
refused to grant a | ||||||
4 | permit, pursuant to the provisions of subsection (a) of
| ||||||
5 | Section 40 of this Act. For purposes of this subsection (h), | ||||||
6 | the term
"generator" has the meaning given in Section 3.205 of | ||||||
7 | this Act,
unless: (1) the hazardous waste is treated, | ||||||
8 | incinerated, or partially recycled
for reuse prior to | ||||||
9 | disposal, in which case the last person who treats,
| ||||||
10 | incinerates, or partially recycles the hazardous waste prior | ||||||
11 | to disposal is the
generator; or (2) the hazardous waste is | ||||||
12 | from a response action, in which case
the person performing | ||||||
13 | the response action is the generator. This subsection
(h) does | ||||||
14 | not apply to any hazardous waste that is restricted from land | ||||||
15 | disposal
under 35 Ill. Adm. Code 728.
| ||||||
16 | (i) Before issuing any RCRA permit, any permit for a waste | ||||||
17 | storage site,
sanitary landfill, waste disposal site, waste | ||||||
18 | transfer station, waste treatment
facility, waste incinerator, | ||||||
19 | or any waste-transportation operation, any permit or interim | ||||||
20 | authorization for a clean construction or demolition debris | ||||||
21 | fill operation, or any permit required under subsection (d-5) | ||||||
22 | of Section 55, the Agency
shall conduct an evaluation of the | ||||||
23 | prospective owner's or operator's prior
experience in waste | ||||||
24 | management operations, clean construction or demolition debris | ||||||
25 | fill operations, and tire storage site management. The Agency | ||||||
26 | may deny such a permit, or deny or revoke interim |
| |||||||
| |||||||
1 | authorization,
if the prospective owner or operator or any | ||||||
2 | employee or officer of the
prospective owner or operator has a | ||||||
3 | history of:
| ||||||
4 | (1) repeated violations of federal, State, or local | ||||||
5 | laws, regulations,
standards, or ordinances in the | ||||||
6 | operation of waste management facilities or
sites, clean | ||||||
7 | construction or demolition debris fill operation | ||||||
8 | facilities or sites, or tire storage sites; or
| ||||||
9 | (2) conviction in this or another State of any crime | ||||||
10 | which is a felony
under the laws of this State, or | ||||||
11 | conviction of a felony in a federal court; or conviction | ||||||
12 | in this or another state or federal court of any of the | ||||||
13 | following crimes: forgery, official misconduct, bribery, | ||||||
14 | perjury, or knowingly submitting false information under | ||||||
15 | any environmental law, regulation, or permit term or | ||||||
16 | condition; or
| ||||||
17 | (3) proof of gross carelessness or incompetence in | ||||||
18 | handling, storing,
processing, transporting , or disposing | ||||||
19 | of waste, clean construction or demolition debris, or used | ||||||
20 | or waste tires, or proof of gross carelessness or | ||||||
21 | incompetence in using clean construction or demolition | ||||||
22 | debris as fill.
| ||||||
23 | (i-5) Before issuing any permit or approving any interim | ||||||
24 | authorization for a clean construction or demolition debris | ||||||
25 | fill operation in which any ownership interest is transferred | ||||||
26 | between January 1, 2005, and the effective date of the |
| |||||||
| |||||||
1 | prohibition set forth in Section 22.52 of this Act, the Agency | ||||||
2 | shall conduct an evaluation of the operation if any previous | ||||||
3 | activities at the site or facility may have caused or allowed | ||||||
4 | contamination of the site. It shall be the responsibility of | ||||||
5 | the owner or operator seeking the permit or interim | ||||||
6 | authorization to provide to the Agency all of the information | ||||||
7 | necessary for the Agency to conduct its evaluation. The Agency | ||||||
8 | may deny a permit or interim authorization if previous | ||||||
9 | activities at the site may have caused or allowed | ||||||
10 | contamination at the site, unless such contamination is | ||||||
11 | authorized under any permit issued by the Agency.
| ||||||
12 | (j) The issuance under this Act of a permit to engage in | ||||||
13 | the surface mining
of any resources other than fossil fuels | ||||||
14 | shall not relieve
the permittee from its duty to comply with | ||||||
15 | any applicable local law regulating
the commencement, | ||||||
16 | location , or operation of surface mining facilities.
| ||||||
17 | (k) A development permit issued under subsection (a) of | ||||||
18 | Section 39 for any
facility or site which is required to have a | ||||||
19 | permit under subsection (d) of
Section 21 shall expire at the | ||||||
20 | end of 2 calendar years from the date upon which
it was issued, | ||||||
21 | unless within that period the applicant has taken action to
| ||||||
22 | develop the facility or the site. In the event that review of | ||||||
23 | the
conditions of the development permit is sought pursuant to | ||||||
24 | Section 40 or
41, or permittee is prevented from commencing | ||||||
25 | development of the facility
or site by any other litigation | ||||||
26 | beyond the permittee's control, such
two-year period shall be |
| |||||||
| |||||||
1 | deemed to begin on the date upon which such review
process or | ||||||
2 | litigation is concluded.
| ||||||
3 | (l) No permit shall be issued by the Agency under this Act | ||||||
4 | for
construction or operation of any facility or site located | ||||||
5 | within the
boundaries of any setback zone established pursuant | ||||||
6 | to this Act, where such
construction or operation is | ||||||
7 | prohibited.
| ||||||
8 | (m) The Agency may issue permits to persons owning or | ||||||
9 | operating
a facility for composting landscape waste. In | ||||||
10 | granting such permits, the Agency
may impose such conditions | ||||||
11 | as may be necessary to accomplish the purposes of
this Act, and | ||||||
12 | as are not inconsistent with applicable regulations | ||||||
13 | promulgated
by the Board. Except as otherwise provided in this | ||||||
14 | Act, a bond or other
security shall not be required as a | ||||||
15 | condition for the issuance of a permit. If
the Agency denies | ||||||
16 | any permit pursuant to this subsection, the Agency shall
| ||||||
17 | transmit to the applicant within the time limitations of this | ||||||
18 | subsection
specific, detailed statements as to the reasons the | ||||||
19 | permit application was
denied. Such statements shall include | ||||||
20 | but not be limited to the following:
| ||||||
21 | (1) the Sections of this Act that may be violated if | ||||||
22 | the permit
were granted;
| ||||||
23 | (2) the specific regulations promulgated pursuant to | ||||||
24 | this
Act that may be violated if the permit were granted;
| ||||||
25 | (3) the specific information, if any, the Agency deems | ||||||
26 | the
applicant did not provide in its application to the |
| |||||||
| |||||||
1 | Agency; and
| ||||||
2 | (4) a statement of specific reasons why the Act and | ||||||
3 | the regulations
might be violated if the permit were | ||||||
4 | granted.
| ||||||
5 | If no final action is taken by the Agency within 90 days | ||||||
6 | after the filing
of the application for permit, the applicant | ||||||
7 | may deem the permit issued.
Any applicant for a permit may | ||||||
8 | waive the 90-day limitation by filing a
written statement with | ||||||
9 | the Agency.
| ||||||
10 | The Agency shall issue permits for such facilities upon | ||||||
11 | receipt of an
application that includes a legal description of | ||||||
12 | the site, a topographic
map of the site drawn to the scale of | ||||||
13 | 200 feet to the inch or larger, a
description of the operation, | ||||||
14 | including the area served, an estimate of
the volume of | ||||||
15 | materials to be processed, and documentation that:
| ||||||
16 | (1) the facility includes a setback of at
least 200 | ||||||
17 | feet from the nearest potable water supply well;
| ||||||
18 | (2) the facility is located outside the boundary
of | ||||||
19 | the 10-year floodplain or the site will be floodproofed;
| ||||||
20 | (3) the facility is located so as to minimize
| ||||||
21 | incompatibility with the character of the surrounding | ||||||
22 | area, including at
least a 200 foot setback from any | ||||||
23 | residence, and in the case of a
facility that is developed | ||||||
24 | or the permitted composting area of which is
expanded | ||||||
25 | after November 17, 1991, the composting area is located at | ||||||
26 | least 1/8
mile from the nearest residence (other than a |
| |||||||
| |||||||
1 | residence located on the same
property as the facility);
| ||||||
2 | (4) the design of the facility will prevent any | ||||||
3 | compost material from
being placed within 5 feet of the | ||||||
4 | water table, will adequately control runoff
from the site, | ||||||
5 | and will collect and manage any leachate that is generated | ||||||
6 | on
the site;
| ||||||
7 | (5) the operation of the facility will include | ||||||
8 | appropriate dust
and odor control measures, limitations on | ||||||
9 | operating hours, appropriate
noise control measures for | ||||||
10 | shredding, chipping and similar equipment,
management | ||||||
11 | procedures for composting, containment and disposal of
| ||||||
12 | non-compostable wastes, procedures to be used for
| ||||||
13 | terminating operations at the site, and recordkeeping | ||||||
14 | sufficient to
document the amount of materials received, | ||||||
15 | composted , and otherwise
disposed of; and
| ||||||
16 | (6) the operation will be conducted in accordance with | ||||||
17 | any applicable
rules adopted by the Board.
| ||||||
18 | The Agency shall issue renewable permits of not longer | ||||||
19 | than 10 years
in duration for the composting of landscape | ||||||
20 | wastes, as defined in Section
3.155 of this Act, based on the | ||||||
21 | above requirements.
| ||||||
22 | The operator of any facility permitted under this | ||||||
23 | subsection (m) must
submit a written annual statement to the | ||||||
24 | Agency on or before April 1 of
each year that includes an | ||||||
25 | estimate of the amount of material, in tons,
received for | ||||||
26 | composting.
|
| |||||||
| |||||||
1 | (n) The Agency shall issue permits jointly with the | ||||||
2 | Department of
Transportation for the dredging or deposit of | ||||||
3 | material in Lake Michigan in
accordance with Section 18 of the | ||||||
4 | Rivers, Lakes, and Streams Act.
| ||||||
5 | (o) (Blank ) . )
| ||||||
6 | (p) (1) Any person submitting an application for a permit | ||||||
7 | for a new MSWLF
unit or for a lateral expansion under | ||||||
8 | subsection (t) of Section 21 of this Act
for an existing MSWLF | ||||||
9 | unit that has not received and is not subject to local
siting | ||||||
10 | approval under Section 39.2 of this Act shall publish notice | ||||||
11 | of the
application in a newspaper of general circulation in | ||||||
12 | the county in which the
MSWLF unit is or is proposed to be | ||||||
13 | located. The notice must be published at
least 15 days before | ||||||
14 | submission of the permit application to the Agency. The
notice | ||||||
15 | shall state the name and address of the applicant, the | ||||||
16 | location of the
MSWLF unit or proposed MSWLF unit, the nature | ||||||
17 | and size of the MSWLF unit or
proposed MSWLF unit, the nature | ||||||
18 | of the activity proposed, the probable life of
the proposed | ||||||
19 | activity, the date the permit application will be submitted, | ||||||
20 | and a
statement that persons may file written comments with | ||||||
21 | the Agency concerning the
permit application within 30 days | ||||||
22 | after the filing of the permit application
unless the time | ||||||
23 | period to submit comments is extended by the Agency.
| ||||||
24 | When a permit applicant submits information to the Agency | ||||||
25 | to supplement a
permit application being reviewed by the | ||||||
26 | Agency, the applicant shall not be
required to reissue the |
| |||||||
| |||||||
1 | notice under this subsection.
| ||||||
2 | (2) The Agency shall accept written comments concerning | ||||||
3 | the permit
application that are postmarked no later than 30 | ||||||
4 | days after the
filing of the permit application, unless the | ||||||
5 | time period to accept comments is
extended by the Agency.
| ||||||
6 | (3) Each applicant for a permit described in part (1) of | ||||||
7 | this subsection
shall file a
copy of the permit application | ||||||
8 | with the county board or governing body of the
municipality in | ||||||
9 | which the MSWLF unit is or is proposed to be located at the
| ||||||
10 | same time the application is submitted to the Agency. The | ||||||
11 | permit application
filed with the county board or governing | ||||||
12 | body of the municipality shall include
all documents submitted | ||||||
13 | to or to be submitted to the Agency, except trade
secrets as | ||||||
14 | determined under Section 7.1 of this Act. The permit | ||||||
15 | application
and other documents on file with the county board | ||||||
16 | or governing body of the
municipality shall be made available | ||||||
17 | for public inspection during regular
business hours at the | ||||||
18 | office of the county board or the governing body of the
| ||||||
19 | municipality and may be copied upon payment of the actual cost | ||||||
20 | of
reproduction.
| ||||||
21 | (q) Within 6 months after July 12, 2011 (the effective | ||||||
22 | date of Public Act 97-95), the Agency, in consultation with | ||||||
23 | the regulated community, shall develop a web portal to be | ||||||
24 | posted on its website for the purpose of enhancing review and | ||||||
25 | promoting timely issuance of permits required by this Act. At | ||||||
26 | a minimum, the Agency shall make the following information |
| |||||||
| |||||||
1 | available on the web portal: | ||||||
2 | (1) Checklists and guidance relating to the completion | ||||||
3 | of permit applications, developed pursuant to subsection | ||||||
4 | (s) of this Section, which may include, but are not | ||||||
5 | limited to, existing instructions for completing the | ||||||
6 | applications and examples of complete applications. As the | ||||||
7 | Agency develops new checklists and develops guidance, it | ||||||
8 | shall supplement the web portal with those materials. | ||||||
9 | (2) Within 2 years after July 12, 2011 (the effective | ||||||
10 | date of Public Act 97-95), permit application forms or | ||||||
11 | portions of permit applications that can be completed and | ||||||
12 | saved electronically, and submitted to the Agency | ||||||
13 | electronically with digital signatures. | ||||||
14 | (3) Within 2 years after July 12, 2011 (the effective | ||||||
15 | date of Public Act 97-95), an online tracking system where | ||||||
16 | an applicant may review the status of its pending | ||||||
17 | application, including the name and contact information of | ||||||
18 | the permit analyst assigned to the application. Until the | ||||||
19 | online tracking system has been developed, the Agency | ||||||
20 | shall post on its website semi-annual permitting | ||||||
21 | efficiency tracking reports that include statistics on the | ||||||
22 | timeframes for Agency action on the following types of | ||||||
23 | permits received after July 12, 2011 (the effective date | ||||||
24 | of Public Act 97-95): air construction permits, new NPDES | ||||||
25 | permits and associated water construction permits, and | ||||||
26 | modifications of major NPDES permits and associated water |
| |||||||
| |||||||
1 | construction permits. The reports must be posted by | ||||||
2 | February 1 and August 1 each year and shall include: | ||||||
3 | (A) the number of applications received for each | ||||||
4 | type of permit, the number of applications on which | ||||||
5 | the Agency has taken action, and the number of | ||||||
6 | applications still pending; and | ||||||
7 | (B) for those applications where the Agency has | ||||||
8 | not taken action in accordance with the timeframes set | ||||||
9 | forth in this Act, the date the application was | ||||||
10 | received and the reasons for any delays, which may | ||||||
11 | include, but shall not be limited to, (i) the | ||||||
12 | application being inadequate or incomplete, (ii) | ||||||
13 | scientific or technical disagreements with the | ||||||
14 | applicant, USEPA, or other local, state, or federal | ||||||
15 | agencies involved in the permitting approval process, | ||||||
16 | (iii) public opposition to the permit, or (iv) Agency | ||||||
17 | staffing shortages. To the extent practicable, the | ||||||
18 | tracking report shall provide approximate dates when | ||||||
19 | cause for delay was identified by the Agency, when the | ||||||
20 | Agency informed the applicant of the problem leading | ||||||
21 | to the delay, and when the applicant remedied the | ||||||
22 | reason for the delay. | ||||||
23 | (r) Upon the request of the applicant, the Agency shall | ||||||
24 | notify the applicant of the permit analyst assigned to the | ||||||
25 | application upon its receipt. | ||||||
26 | (s) The Agency is authorized to prepare and distribute |
| |||||||
| |||||||
1 | guidance documents relating to its administration of this | ||||||
2 | Section and procedural rules implementing this Section. | ||||||
3 | Guidance documents prepared under this subsection shall not be | ||||||
4 | considered rules and shall not be subject to the Illinois | ||||||
5 | Administrative Procedure Act. Such guidance shall not be | ||||||
6 | binding on any party. | ||||||
7 | (t) Except as otherwise prohibited by federal law or | ||||||
8 | regulation, any person submitting an application for a permit | ||||||
9 | may include with the application suggested permit language for | ||||||
10 | Agency consideration. The Agency is not obligated to use the | ||||||
11 | suggested language or any portion thereof in its permitting | ||||||
12 | decision. If requested by the permit applicant, the Agency | ||||||
13 | shall meet with the applicant to discuss the suggested | ||||||
14 | language. | ||||||
15 | (u) If requested by the permit applicant, the Agency shall | ||||||
16 | provide the permit applicant with a copy of the draft permit | ||||||
17 | prior to any public review period. | ||||||
18 | (v) If requested by the permit applicant, the Agency shall | ||||||
19 | provide the permit applicant with a copy of the final permit | ||||||
20 | prior to its issuance. | ||||||
21 | (w) An air pollution permit shall not be required due to | ||||||
22 | emissions of greenhouse gases, as specified by Section 9.15 of | ||||||
23 | this Act. | ||||||
24 | (x) If, before the expiration of a State operating permit | ||||||
25 | that is issued pursuant to subsection (a) of this Section and | ||||||
26 | contains federally enforceable conditions limiting the |
| |||||||
| |||||||
1 | potential to emit of the source to a level below the major | ||||||
2 | source threshold for that source so as to exclude the source | ||||||
3 | from the Clean Air Act Permit Program, the Agency receives a | ||||||
4 | complete application for the renewal of that permit, then all | ||||||
5 | of the terms and conditions of the permit shall remain in | ||||||
6 | effect until final administrative action has been taken on the | ||||||
7 | application for the renewal of the permit. | ||||||
8 | (y) The Agency may issue permits exclusively under this | ||||||
9 | subsection to persons owning or operating a CCR surface | ||||||
10 | impoundment subject to Section 22.59. | ||||||
11 | (z) If a mass animal mortality event is declared by the | ||||||
12 | Department of Agriculture in accordance with the Animal | ||||||
13 | Mortality Act: | ||||||
14 | (1) the owner or operator responsible for the disposal | ||||||
15 | of dead animals is exempted from the following: | ||||||
16 | (i) obtaining a permit for the construction, | ||||||
17 | installation, or operation of any type of facility or | ||||||
18 | equipment issued in accordance with subsection (a) of | ||||||
19 | this Section; | ||||||
20 | (ii) obtaining a permit for open burning in | ||||||
21 | accordance with the rules adopted by the Board; and | ||||||
22 | (iii) registering the disposal of dead animals as | ||||||
23 | an eligible small source with the Agency in accordance | ||||||
24 | with Section 9.14 of this Act; | ||||||
25 | (2) as applicable, the owner or operator responsible | ||||||
26 | for the disposal of dead animals is required to obtain the |
| |||||||
| |||||||
1 | following permits: | ||||||
2 | (i) an NPDES permit in accordance with subsection | ||||||
3 | (b) of this Section; | ||||||
4 | (ii) a PSD permit or an NA NSR permit in accordance | ||||||
5 | with Section 9.1 of this Act; | ||||||
6 | (iii) a lifetime State operating permit or a | ||||||
7 | federally enforceable State operating permit, in | ||||||
8 | accordance with subsection (a) of this Section; or | ||||||
9 | (iv) a CAAPP permit, in accordance with Section | ||||||
10 | 39.5 of this Act. | ||||||
11 | All CCR surface impoundment permits shall contain those | ||||||
12 | terms and conditions, including, but not limited to, schedules | ||||||
13 | of compliance, which may be required to accomplish the | ||||||
14 | purposes and provisions of this Act, Board regulations, the | ||||||
15 | Illinois Groundwater Protection Act and regulations pursuant | ||||||
16 | thereto, and the Resource Conservation and Recovery Act and | ||||||
17 | regulations pursuant thereto, and may include schedules for | ||||||
18 | achieving compliance therewith as soon as possible. | ||||||
19 | The Board shall adopt filing requirements and procedures | ||||||
20 | that are necessary and appropriate for the issuance of CCR | ||||||
21 | surface impoundment permits and that are consistent with this | ||||||
22 | Act or regulations adopted by the Board, and with the RCRA, as | ||||||
23 | amended, and regulations pursuant thereto. | ||||||
24 | The applicant shall make available to the public for | ||||||
25 | inspection all documents submitted by the applicant to the | ||||||
26 | Agency in furtherance of an application, with the exception of |
| |||||||
| |||||||
1 | trade secrets, on its public internet website as well as at the | ||||||
2 | office of the county board or governing body of the | ||||||
3 | municipality where CCR from the CCR surface impoundment will | ||||||
4 | be permanently disposed. Such documents may be copied upon | ||||||
5 | payment of the actual cost of reproduction during regular | ||||||
6 | business hours of the local office. | ||||||
7 | The Agency shall issue a written statement concurrent with | ||||||
8 | its grant or denial of the permit explaining the basis for its | ||||||
9 | decision. | ||||||
10 | (Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22; | ||||||
11 | 102-558, eff. 8-20-21; revised 12-1-21.)
| ||||||
12 | Section 550. The Electric Vehicle Rebate Act is amended by | ||||||
13 | changing Section 15 as follows:
| ||||||
14 | (415 ILCS 120/15)
| ||||||
15 | Sec. 15. Rulemaking. The Agency shall promulgate rules as | ||||||
16 | necessary
and dedicate sufficient resources to implement
| ||||||
17 | Section 27 of this Act. Such rules shall be
consistent with | ||||||
18 | applicable provisions of the Clean Air Act and any
regulations | ||||||
19 | promulgated pursuant thereto. The Secretary of State may
| ||||||
20 | promulgate rules to implement Section 35 of this Act. Agency
| ||||||
21 | (Source: P.A. 102-444, eff. 8-20-21; 102-662, eff. 9-15-21; | ||||||
22 | revised 10-14-21.)
| ||||||
23 | Section 555. The Firearm Owners Identification Card Act is |
| |||||||
| |||||||
1 | amended by changing Sections 1.1, 3, 3.1, 4, 5, 6, 8, 8.3, 9.5, | ||||||
2 | 10, 11, and 13.2 as follows:
| ||||||
3 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| ||||||
4 | Sec. 1.1. For purposes of this Act:
| ||||||
5 | "Addicted to narcotics" means a person who has been: | ||||||
6 | (1) convicted of an offense involving the use or | ||||||
7 | possession of cannabis, a controlled substance, or | ||||||
8 | methamphetamine within the past year; or | ||||||
9 | (2) determined by the Illinois State Police to be | ||||||
10 | addicted to narcotics based upon federal law or federal | ||||||
11 | guidelines. | ||||||
12 | "Addicted to narcotics" does not include possession or use | ||||||
13 | of a prescribed controlled substance under the direction and | ||||||
14 | authority of a physician or other person authorized to | ||||||
15 | prescribe the controlled substance when the controlled | ||||||
16 | substance is used in the prescribed manner. | ||||||
17 | "Adjudicated as a person with a mental disability" means | ||||||
18 | the person is the subject of a determination by a court, board, | ||||||
19 | commission or other lawful authority that the person, as a | ||||||
20 | result of marked subnormal intelligence, or mental illness, | ||||||
21 | mental impairment, incompetency, condition, or disease: | ||||||
22 | (1) presents a clear and present danger to himself, | ||||||
23 | herself, or to others; | ||||||
24 | (2) lacks the mental capacity to manage his or her own | ||||||
25 | affairs or is adjudicated a person with a disability as |
| |||||||
| |||||||
1 | defined in Section 11a-2 of the Probate Act of 1975; | ||||||
2 | (3) is not guilty in a criminal case by reason of | ||||||
3 | insanity, mental disease or defect; | ||||||
4 | (3.5) is guilty but mentally ill, as provided in | ||||||
5 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
6 | (4) is incompetent to stand trial in a criminal case; | ||||||
7 | (5) is not guilty by reason of lack of mental | ||||||
8 | responsibility under Articles 50a and 72b of the Uniform | ||||||
9 | Code of Military Justice, 10 U.S.C. 850a, 876b;
| ||||||
10 | (6) is a sexually violent person under subsection (f) | ||||||
11 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
12 | Act; | ||||||
13 | (7) is a sexually dangerous person under the Sexually | ||||||
14 | Dangerous Persons Act; | ||||||
15 | (8) is unfit to stand trial under the Juvenile Court | ||||||
16 | Act of 1987; | ||||||
17 | (9) is not guilty by reason of insanity under the | ||||||
18 | Juvenile Court Act of 1987; | ||||||
19 | (10) is subject to involuntary admission as an | ||||||
20 | inpatient as defined in Section 1-119 of the Mental Health | ||||||
21 | and Developmental Disabilities Code; | ||||||
22 | (11) is subject to involuntary admission as an | ||||||
23 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
24 | Health and Developmental Disabilities Code; | ||||||
25 | (12) is subject to judicial admission as set forth in | ||||||
26 | Section 4-500 of the Mental Health and Developmental |
| |||||||
| |||||||
1 | Disabilities Code; or | ||||||
2 | (13) is subject to the provisions of the Interstate | ||||||
3 | Agreements on Sexually Dangerous Persons Act. | ||||||
4 | "Clear and present danger" means a person who: | ||||||
5 | (1) communicates a serious threat of physical violence | ||||||
6 | against a reasonably identifiable victim or poses a clear | ||||||
7 | and imminent risk of serious physical injury to himself, | ||||||
8 | herself, or another person as determined by a physician, | ||||||
9 | clinical psychologist, or qualified examiner; or | ||||||
10 | (2) demonstrates threatening physical or verbal | ||||||
11 | behavior, such as violent, suicidal, or assaultive | ||||||
12 | threats, actions, or other behavior, as determined by a | ||||||
13 | physician, clinical psychologist, qualified examiner, | ||||||
14 | school administrator, or law enforcement official. | ||||||
15 | "Clinical psychologist" has the meaning provided in | ||||||
16 | Section 1-103 of the Mental Health and Developmental | ||||||
17 | Disabilities Code. | ||||||
18 | "Controlled substance" means a controlled substance or | ||||||
19 | controlled substance analog as defined in the Illinois | ||||||
20 | Controlled Substances Act. | ||||||
21 | "Counterfeit" means to copy or imitate, without legal | ||||||
22 | authority, with
intent
to deceive. | ||||||
23 | "Federally licensed firearm dealer" means a person who is | ||||||
24 | licensed as a federal firearms dealer under Section 923 of the | ||||||
25 | federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||||||
26 | "Firearm" means any device, by
whatever name known, which |
| |||||||
| |||||||
1 | is designed to expel a projectile or projectiles
by the action | ||||||
2 | of an explosion, expansion of gas or escape of gas; excluding,
| ||||||
3 | however:
| ||||||
4 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
5 | B-B gun which
expels a single globular projectile not | ||||||
6 | exceeding .18 inch in
diameter or which has a maximum | ||||||
7 | muzzle velocity of less than 700 feet
per second;
| ||||||
8 | (1.1) any pneumatic gun, spring gun, paint ball gun, | ||||||
9 | or B-B gun which expels breakable paint balls containing | ||||||
10 | washable marking colors; | ||||||
11 | (2) any device used exclusively for signaling or | ||||||
12 | safety and required or
recommended by the United States | ||||||
13 | Coast Guard or the Interstate Commerce
Commission;
| ||||||
14 | (3) any device used exclusively for the firing of stud | ||||||
15 | cartridges,
explosive rivets or similar industrial | ||||||
16 | ammunition; and
| ||||||
17 | (4) an antique firearm (other than a machine-gun) | ||||||
18 | which, although
designed as a weapon, the Illinois State | ||||||
19 | Police finds by reason of
the date of its manufacture, | ||||||
20 | value, design, and other characteristics is
primarily a | ||||||
21 | collector's item and is not likely to be used as a weapon.
| ||||||
22 | "Firearm ammunition" means any self-contained cartridge or | ||||||
23 | shotgun
shell, by whatever name known, which is designed to be | ||||||
24 | used or adaptable to
use in a firearm; excluding, however:
| ||||||
25 | (1) any ammunition exclusively designed for use with a | ||||||
26 | device used
exclusively for signaling signalling or safety |
| |||||||
| |||||||
1 | and required or recommended by the
United States Coast | ||||||
2 | Guard or the Interstate Commerce Commission; and
| ||||||
3 | (2) any ammunition designed exclusively for use with a | ||||||
4 | stud or rivet
driver or other similar industrial | ||||||
5 | ammunition. | ||||||
6 | "Gun show" means an event or function: | ||||||
7 | (1) at which the sale and transfer of firearms is the | ||||||
8 | regular and normal course of business and where 50 or more | ||||||
9 | firearms are displayed, offered, or exhibited for sale, | ||||||
10 | transfer, or exchange; or | ||||||
11 | (2) at which not less than 10 gun show vendors | ||||||
12 | display, offer, or exhibit for sale, sell, transfer, or | ||||||
13 | exchange firearms.
| ||||||
14 | "Gun show" includes the entire premises provided for an | ||||||
15 | event or function, including parking areas for the event or | ||||||
16 | function, that is sponsored to facilitate the purchase, sale, | ||||||
17 | transfer, or exchange of firearms as described in this | ||||||
18 | Section.
Nothing in this definition shall be construed to | ||||||
19 | exclude a gun show held in conjunction with competitive | ||||||
20 | shooting events at the World Shooting Complex sanctioned by a | ||||||
21 | national governing body in which the sale or transfer of | ||||||
22 | firearms is authorized under subparagraph (5) of paragraph (g) | ||||||
23 | of subsection (A) of Section 24-3 of the Criminal Code of 2012. | ||||||
24 | Unless otherwise expressly stated, "gun show" does not | ||||||
25 | include training or safety classes, competitive shooting | ||||||
26 | events, such as rifle, shotgun, or handgun matches, trap, |
| |||||||
| |||||||
1 | skeet, or sporting clays shoots, dinners, banquets, raffles, | ||||||
2 | or
any other event where the sale or transfer of firearms is | ||||||
3 | not the primary course of business. | ||||||
4 | "Gun show promoter" means a person who organizes or | ||||||
5 | operates a gun show. | ||||||
6 | "Gun show vendor" means a person who exhibits, sells, | ||||||
7 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
8 | show, regardless of whether the person arranges with a gun | ||||||
9 | show promoter for a fixed location from which to exhibit, | ||||||
10 | sell, offer for sale, transfer, or exchange any firearm. | ||||||
11 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
12 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
13 | Developmental Disabilities Code. | ||||||
14 | "Mental health facility" means any licensed private | ||||||
15 | hospital or hospital affiliate, institution, or facility, or | ||||||
16 | part thereof, and any facility, or part thereof, operated by | ||||||
17 | the State or a political subdivision thereof which provides | ||||||
18 | provide treatment of persons with mental illness and includes | ||||||
19 | all hospitals, institutions, clinics, evaluation facilities, | ||||||
20 | mental health centers, colleges, universities, long-term care | ||||||
21 | facilities, and nursing homes, or parts thereof, which provide | ||||||
22 | treatment of persons with mental illness whether or not the | ||||||
23 | primary purpose is to provide treatment of persons with mental | ||||||
24 | illness. | ||||||
25 | "National governing body" means a group of persons who | ||||||
26 | adopt rules and formulate policy on behalf of a national |
| |||||||
| |||||||
1 | firearm sporting organization. | ||||||
2 | "Patient" means: | ||||||
3 | (1) a person who is admitted as an inpatient or | ||||||
4 | resident of a public or private mental health facility for | ||||||
5 | mental health treatment under Chapter III of the Mental | ||||||
6 | Health and Developmental Disabilities Code as an informal | ||||||
7 | admission, a voluntary admission, a minor admission, an | ||||||
8 | emergency admission, or an involuntary admission, unless | ||||||
9 | the treatment was solely for an alcohol abuse disorder; or | ||||||
10 | (2) a person who voluntarily or involuntarily receives | ||||||
11 | mental health treatment as an out-patient or is otherwise | ||||||
12 | provided services by a public or private mental health | ||||||
13 | facility , and who poses a clear and present danger to | ||||||
14 | himself, herself, or to others. | ||||||
15 | "Person with a developmental disability" means a person | ||||||
16 | with a disability which is attributable to any other condition | ||||||
17 | which results in impairment similar to that caused by an | ||||||
18 | intellectual disability and which requires services similar to | ||||||
19 | those required by persons with intellectual disabilities. The | ||||||
20 | disability must originate before the age of 18
years, be | ||||||
21 | expected to continue indefinitely, and constitute a | ||||||
22 | substantial disability. This disability results, in the | ||||||
23 | professional opinion of a physician, clinical psychologist, or | ||||||
24 | qualified examiner, in significant functional limitations in 3 | ||||||
25 | or more of the following areas of major life activity: | ||||||
26 | (i) self-care; |
| |||||||
| |||||||
1 | (ii) receptive and expressive language; | ||||||
2 | (iii) learning; | ||||||
3 | (iv) mobility; or | ||||||
4 | (v) self-direction. | ||||||
5 | "Person with an intellectual disability" means a person | ||||||
6 | with a significantly subaverage general intellectual | ||||||
7 | functioning which exists concurrently with impairment in | ||||||
8 | adaptive behavior and which originates before the age of 18 | ||||||
9 | years. | ||||||
10 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
11 | the Mental Health and Developmental Disabilities Code. | ||||||
12 | "Protective order" means any orders of protection issued | ||||||
13 | under the Illinois Domestic Violence Act of 1986, stalking no | ||||||
14 | contact orders issued under the Stalking No Contact Order Act, | ||||||
15 | civil no contact orders issued under the Civil No Contact | ||||||
16 | Order Act, and firearms restraining orders issued under the | ||||||
17 | Firearms Restraining Order Act. | ||||||
18 | "Qualified examiner" has the meaning provided in Section | ||||||
19 | 1-122 of the Mental Health and Developmental Disabilities | ||||||
20 | Code. | ||||||
21 | "Sanctioned competitive shooting event" means a shooting | ||||||
22 | contest officially recognized by a national or state shooting | ||||||
23 | sport association, and includes any sight-in or practice | ||||||
24 | conducted in conjunction with the event.
| ||||||
25 | "School administrator" means the person required to report | ||||||
26 | under the School Administrator Reporting of Mental Health |
| |||||||
| |||||||
1 | Clear and Present Danger Determinations Law. | ||||||
2 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
3 | Section 24-1 of the Criminal Code of 2012. | ||||||
4 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
5 | revised 10-6-21.) | ||||||
6 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||
7 | (Text of Section before amendment by P.A. 102-237 ) | ||||||
8 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
9 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
10 | firearm ammunition, stun gun, or taser to any person within | ||||||
11 | this State unless the
transferee with whom he deals displays | ||||||
12 | either: (1) a currently valid Firearm Owner's
Identification | ||||||
13 | Card which has previously been issued in his or her name by the
| ||||||
14 | Illinois State Police under the provisions of this Act; or (2) | ||||||
15 | a currently valid license to carry a concealed firearm which | ||||||
16 | has previously been issued in his or her name by the
Illinois | ||||||
17 | State Police under the Firearm Concealed Carry Act. In | ||||||
18 | addition,
all firearm, stun gun, and taser transfers by | ||||||
19 | federally licensed firearm dealers are subject
to Section 3.1. | ||||||
20 | (a-5) Any person who is not a federally licensed firearm | ||||||
21 | dealer and who desires to transfer or sell a firearm while that | ||||||
22 | person is on the grounds of a gun show must, before selling or | ||||||
23 | transferring the firearm, request the Illinois State Police to | ||||||
24 | conduct a background check on the prospective recipient of the | ||||||
25 | firearm in accordance with Section 3.1.
|
| |||||||
| |||||||
1 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
2 | Section, any person who is not a federally licensed firearm | ||||||
3 | dealer and who desires to transfer or sell a firearm or | ||||||
4 | firearms to any person who is not a federally licensed firearm | ||||||
5 | dealer shall, before selling or transferring the firearms, | ||||||
6 | contact the Illinois State Police with the transferee's or | ||||||
7 | purchaser's Firearm Owner's Identification Card number to | ||||||
8 | determine the validity of the transferee's or purchaser's | ||||||
9 | Firearm Owner's Identification Card. This subsection shall not | ||||||
10 | be effective until January 1, 2014. The Illinois State Police | ||||||
11 | may adopt rules concerning the implementation of this | ||||||
12 | subsection. The Illinois State Police shall provide the seller | ||||||
13 | or transferor an approval number if the purchaser's Firearm | ||||||
14 | Owner's Identification Card is valid. Approvals issued by the | ||||||
15 | Illinois State Police Department for the purchase of a firearm | ||||||
16 | pursuant to this subsection are valid for 30 days from the date | ||||||
17 | of issue. | ||||||
18 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
19 | do not apply to: | ||||||
20 | (1) transfers that occur at the place of business of a | ||||||
21 | federally licensed firearm dealer, if the federally | ||||||
22 | licensed firearm dealer conducts a background check on the | ||||||
23 | prospective recipient of the firearm in accordance with | ||||||
24 | Section 3.1 of this Act and follows all other applicable | ||||||
25 | federal, State, and local laws as if he or she were the | ||||||
26 | seller or transferor of the firearm, although the dealer |
| |||||||
| |||||||
1 | is not required to accept the firearm into his or her | ||||||
2 | inventory. The purchaser or transferee may be required by | ||||||
3 | the federally licensed firearm dealer to pay a fee not to | ||||||
4 | exceed $10 per firearm, which the dealer may retain as | ||||||
5 | compensation for performing the functions required under | ||||||
6 | this paragraph, plus the applicable fees authorized by | ||||||
7 | Section 3.1; | ||||||
8 | (2) transfers as a bona fide gift to the transferor's | ||||||
9 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
10 | father, mother, stepfather, stepmother, brother, sister, | ||||||
11 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
12 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
13 | son-in-law, or daughter-in-law; | ||||||
14 | (3) transfers by persons acting pursuant to operation | ||||||
15 | of law or a court order; | ||||||
16 | (4) transfers on the grounds of a gun show under | ||||||
17 | subsection (a-5) of this Section; | ||||||
18 | (5) the delivery of a firearm by its owner to a | ||||||
19 | gunsmith for service or repair, the return of the firearm | ||||||
20 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
21 | by a gunsmith to a federally licensed firearms dealer for | ||||||
22 | service or repair and the return of the firearm to the | ||||||
23 | gunsmith; | ||||||
24 | (6) temporary transfers that occur while in the home | ||||||
25 | of the unlicensed transferee, if the unlicensed transferee | ||||||
26 | is not otherwise prohibited from possessing firearms and |
| |||||||
| |||||||
1 | the unlicensed transferee reasonably believes that | ||||||
2 | possession of the firearm is necessary to prevent imminent | ||||||
3 | death or great bodily harm to the unlicensed transferee; | ||||||
4 | (7) transfers to a law enforcement or corrections | ||||||
5 | agency or a law enforcement or corrections officer acting | ||||||
6 | within the course and scope of his or her official duties; | ||||||
7 | (8) transfers of firearms that have been rendered | ||||||
8 | permanently inoperable to a nonprofit historical society, | ||||||
9 | museum, or institutional collection; and | ||||||
10 | (9) transfers to a person who is exempt from the | ||||||
11 | requirement of possessing a Firearm Owner's Identification | ||||||
12 | Card under Section 2 of this Act. | ||||||
13 | (a-20) The Illinois State Police shall develop an | ||||||
14 | Internet-based system for individuals to determine the | ||||||
15 | validity of a Firearm Owner's Identification Card prior to the | ||||||
16 | sale or transfer of a firearm. The Illinois State Police | ||||||
17 | Department shall have the Internet-based system completed and | ||||||
18 | available for use by July 1, 2015. The Illinois State Police | ||||||
19 | Department shall adopt rules not inconsistent with this | ||||||
20 | Section to implement this system. | ||||||
21 | (b) Any person within this State who transfers or causes | ||||||
22 | to be
transferred any firearm, stun gun, or taser shall keep a | ||||||
23 | record of such transfer for a period
of 10 years from the date | ||||||
24 | of transfer. Such record shall contain the date
of the | ||||||
25 | transfer; the description, serial number or other information
| ||||||
26 | identifying the firearm, stun gun, or taser if no serial |
| |||||||
| |||||||
1 | number is available; and, if the
transfer was completed within | ||||||
2 | this State, the transferee's Firearm Owner's
Identification | ||||||
3 | Card number and any approval number or documentation provided | ||||||
4 | by the Illinois State Police pursuant to subsection (a-10) of | ||||||
5 | this Section; if the transfer was not completed within this | ||||||
6 | State, the record shall contain the name and address of the | ||||||
7 | transferee. On or after January 1, 2006, the record shall | ||||||
8 | contain the date of application for transfer of the firearm. | ||||||
9 | On demand of a peace officer such transferor
shall produce for | ||||||
10 | inspection such record of transfer. If the transfer or sale | ||||||
11 | took place at a gun show, the record shall include the unique | ||||||
12 | identification number. Failure to record the unique | ||||||
13 | identification number or approval number is a petty offense.
| ||||||
14 | For transfers of a firearm, stun gun, or taser made on or after | ||||||
15 | January 18, 2019 ( the effective date of Public Act 100-1178) | ||||||
16 | this amendatory Act of the 100th General Assembly , failure by | ||||||
17 | the private seller to maintain the transfer records in | ||||||
18 | accordance with this Section is a Class A misdemeanor for the | ||||||
19 | first offense and a Class 4 felony for a second or subsequent | ||||||
20 | offense. A transferee shall not be criminally liable under | ||||||
21 | this Section provided that he or she provides the Illinois | ||||||
22 | State Police with the transfer records in accordance with | ||||||
23 | procedures established by the Illinois State Police | ||||||
24 | Department . The Illinois State Police Department shall | ||||||
25 | establish, by rule, a standard form on its website. | ||||||
26 | (b-5) Any resident may purchase ammunition from a person |
| |||||||
| |||||||
1 | within or outside of Illinois if shipment is by United States | ||||||
2 | mail or by a private express carrier authorized by federal law | ||||||
3 | to ship ammunition. Any resident purchasing ammunition within | ||||||
4 | or outside the State of Illinois must provide the seller with a | ||||||
5 | copy of his or her valid Firearm Owner's Identification Card | ||||||
6 | or valid concealed carry license and either his or her | ||||||
7 | Illinois driver's license or Illinois State Identification | ||||||
8 | Card prior to the shipment of the ammunition. The ammunition | ||||||
9 | may be shipped only to an address on either of those 2 | ||||||
10 | documents. | ||||||
11 | (c) The provisions of this Section regarding the transfer | ||||||
12 | of firearm
ammunition shall not apply to those persons | ||||||
13 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
14 | (Source: P.A. 102-538, eff. 8-20-21; revised 10-13-21.) | ||||||
15 | (Text of Section after amendment by P.A. 102-237 ) | ||||||
16 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
17 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
18 | firearm ammunition, stun gun, or taser to any person within | ||||||
19 | this State unless the
transferee with whom he deals displays | ||||||
20 | either: (1) a currently valid Firearm Owner's
Identification | ||||||
21 | Card which has previously been issued in his or her name by the
| ||||||
22 | Illinois State Police under the provisions of this Act; or (2) | ||||||
23 | a currently valid license to carry a concealed firearm which | ||||||
24 | has previously been issued in his or her name by the
Illinois | ||||||
25 | State Police under the Firearm Concealed Carry Act. In |
| |||||||
| |||||||
1 | addition,
all firearm, stun gun, and taser transfers by | ||||||
2 | federally licensed firearm dealers are subject
to Section 3.1. | ||||||
3 | (a-5) Any person who is not a federally licensed firearm | ||||||
4 | dealer and who desires to transfer or sell a firearm while that | ||||||
5 | person is on the grounds of a gun show must, before selling or | ||||||
6 | transferring the firearm, request the Illinois State Police to | ||||||
7 | conduct a background check on the prospective recipient of the | ||||||
8 | firearm in accordance with Section 3.1.
| ||||||
9 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
10 | Section, any person who is not a federally licensed firearm | ||||||
11 | dealer and who desires to transfer or sell a firearm or | ||||||
12 | firearms to any person who is not a federally licensed firearm | ||||||
13 | dealer shall, before selling or transferring the firearms, | ||||||
14 | contact a federal firearm license dealer under paragraph (1) | ||||||
15 | of subsection (a-15) of this Section to conduct the transfer | ||||||
16 | or the Illinois State Police with the transferee's or | ||||||
17 | purchaser's Firearm Owner's Identification Card number to | ||||||
18 | determine the validity of the transferee's or purchaser's | ||||||
19 | Firearm Owner's Identification Card under State and federal | ||||||
20 | law , including the National Instant Criminal Background Check | ||||||
21 | System. This subsection shall not be effective until January | ||||||
22 | 1, 2024. Until that date the transferor shall contact the | ||||||
23 | Illinois State Police with the transferee's or purchaser's | ||||||
24 | Firearm Owner's Identification Card number to determine the | ||||||
25 | validity of the card. The Illinois State Police may adopt | ||||||
26 | rules concerning the implementation of this subsection. The |
| |||||||
| |||||||
1 | Illinois State Police shall provide the seller or transferor | ||||||
2 | an approval number if the purchaser's Firearm Owner's | ||||||
3 | Identification Card is valid. Approvals issued by the Illinois | ||||||
4 | State Police Department for the purchase of a firearm pursuant | ||||||
5 | to this subsection are valid for 30 days from the date of | ||||||
6 | issue. | ||||||
7 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
8 | do not apply to: | ||||||
9 | (1) transfers that occur at the place of business of a | ||||||
10 | federally licensed firearm dealer, if the federally | ||||||
11 | licensed firearm dealer conducts a background check on the | ||||||
12 | prospective recipient of the firearm in accordance with | ||||||
13 | Section 3.1 of this Act and follows all other applicable | ||||||
14 | federal, State, and local laws as if he or she were the | ||||||
15 | seller or transferor of the firearm, although the dealer | ||||||
16 | is not required to accept the firearm into his or her | ||||||
17 | inventory. The purchaser or transferee may be required by | ||||||
18 | the federally licensed firearm dealer to pay a fee not to | ||||||
19 | exceed $25 per firearm, which the dealer may retain as | ||||||
20 | compensation for performing the functions required under | ||||||
21 | this paragraph, plus the applicable fees authorized by | ||||||
22 | Section 3.1; | ||||||
23 | (2) transfers as a bona fide gift to the transferor's | ||||||
24 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
25 | father, mother, stepfather, stepmother, brother, sister, | ||||||
26 | nephew, niece, uncle, aunt, grandfather, grandmother, |
| |||||||
| |||||||
1 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
2 | son-in-law, or daughter-in-law; | ||||||
3 | (3) transfers by persons acting pursuant to operation | ||||||
4 | of law or a court order; | ||||||
5 | (4) transfers on the grounds of a gun show under | ||||||
6 | subsection (a-5) of this Section; | ||||||
7 | (5) the delivery of a firearm by its owner to a | ||||||
8 | gunsmith for service or repair, the return of the firearm | ||||||
9 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
10 | by a gunsmith to a federally licensed firearms dealer for | ||||||
11 | service or repair and the return of the firearm to the | ||||||
12 | gunsmith; | ||||||
13 | (6) temporary transfers that occur while in the home | ||||||
14 | of the unlicensed transferee, if the unlicensed transferee | ||||||
15 | is not otherwise prohibited from possessing firearms and | ||||||
16 | the unlicensed transferee reasonably believes that | ||||||
17 | possession of the firearm is necessary to prevent imminent | ||||||
18 | death or great bodily harm to the unlicensed transferee; | ||||||
19 | (7) transfers to a law enforcement or corrections | ||||||
20 | agency or a law enforcement or corrections officer acting | ||||||
21 | within the course and scope of his or her official duties; | ||||||
22 | (8) transfers of firearms that have been rendered | ||||||
23 | permanently inoperable to a nonprofit historical society, | ||||||
24 | museum, or institutional collection; and | ||||||
25 | (9) transfers to a person who is exempt from the | ||||||
26 | requirement of possessing a Firearm Owner's Identification |
| |||||||
| |||||||
1 | Card under Section 2 of this Act. | ||||||
2 | (a-20) The Illinois State Police shall develop an | ||||||
3 | Internet-based system for individuals to determine the | ||||||
4 | validity of a Firearm Owner's Identification Card prior to the | ||||||
5 | sale or transfer of a firearm. The Illinois State Police | ||||||
6 | Department shall have the Internet-based system updated and | ||||||
7 | available for use by January 1, 2024. The Illinois State | ||||||
8 | Police shall adopt rules not inconsistent with this Section to | ||||||
9 | implement this system; but no rule shall allow the Illinois | ||||||
10 | State Police to retain records in contravention of State and | ||||||
11 | federal law. | ||||||
12 | (a-25) On or before January 1, 2022, the Illinois State | ||||||
13 | Police shall develop an Internet-based system upon which the | ||||||
14 | serial numbers of firearms that have been reported stolen are | ||||||
15 | available for public access for individuals to ensure any | ||||||
16 | firearms are not reported stolen prior to the sale or transfer | ||||||
17 | of a firearm under this Section. The Illinois State Police | ||||||
18 | shall have the Internet-based system completed and available | ||||||
19 | for use by July 1, 2022. The Illinois State Police Department | ||||||
20 | shall adopt rules not inconsistent with this Section to | ||||||
21 | implement this system. | ||||||
22 | (b) Any person within this State who transfers or causes | ||||||
23 | to be
transferred any firearm, stun gun, or taser shall keep a | ||||||
24 | record of such transfer for a period
of 10 years from the date | ||||||
25 | of transfer. Any person within this State who receives any | ||||||
26 | firearm, stun gun, or taser pursuant to subsection (a-10) |
| |||||||
| |||||||
1 | shall provide a record of the transfer within 10 days of the | ||||||
2 | transfer to a federally licensed firearm dealer and shall not | ||||||
3 | be required to maintain a transfer record. The federally | ||||||
4 | licensed firearm dealer shall maintain the transfer record for | ||||||
5 | 20 years from the date of receipt. A federally licensed | ||||||
6 | firearm dealer may charge a fee not to exceed $25 to retain the | ||||||
7 | record. The record shall be provided and maintained in either | ||||||
8 | an electronic or paper format. The federally licensed firearm | ||||||
9 | dealer shall not be liable for the accuracy of any information | ||||||
10 | in the transfer record submitted pursuant to this Section. | ||||||
11 | Such records shall contain the date
of the transfer; the | ||||||
12 | description, serial number or other information
identifying | ||||||
13 | the firearm, stun gun, or taser if no serial number is | ||||||
14 | available; and, if the
transfer was completed within this | ||||||
15 | State, the transferee's Firearm Owner's
Identification Card | ||||||
16 | number and any approval number or documentation provided by | ||||||
17 | the Illinois State Police pursuant to subsection (a-10) of | ||||||
18 | this Section; if the transfer was not completed within this | ||||||
19 | State, the record shall contain the name and address of the | ||||||
20 | transferee. On or after January 1, 2006, the record shall | ||||||
21 | contain the date of application for transfer of the firearm. | ||||||
22 | On demand of a peace officer such transferor shall produce for | ||||||
23 | inspection such record of transfer. For any transfer pursuant | ||||||
24 | to subsection (a-10) of this Section, on the demand of a peace | ||||||
25 | officer, such transferee shall identify the federally licensed | ||||||
26 | firearm dealer maintaining the transfer record. If the |
| |||||||
| |||||||
1 | transfer or sale took place at a gun show, the record shall | ||||||
2 | include the unique identification number. Failure to record | ||||||
3 | the unique identification number or approval number is a petty | ||||||
4 | offense.
For transfers of a firearm, stun gun, or taser made on | ||||||
5 | or after January 18, 2019 ( the effective date of Public Act | ||||||
6 | 100-1178) this amendatory Act of the 100th General Assembly , | ||||||
7 | failure by the private seller to maintain the transfer records | ||||||
8 | in accordance with this Section, or failure by a transferee | ||||||
9 | pursuant to subsection a-10 of this Section to identify the | ||||||
10 | federally licensed firearm dealer maintaining the transfer | ||||||
11 | record, is a Class A misdemeanor for the first offense and a | ||||||
12 | Class 4 felony for a second or subsequent offense occurring | ||||||
13 | within 10 years of the first offense and the second offense was | ||||||
14 | committed after conviction of the first offense. Whenever any | ||||||
15 | person who has not previously been convicted of any violation | ||||||
16 | of subsection (a-5), the court may grant supervision pursuant | ||||||
17 | to and consistent with the limitations of Section 5-6-1 of the | ||||||
18 | Unified Code of Corrections. A transferee or transferor shall | ||||||
19 | not be criminally liable under this Section provided that he | ||||||
20 | or she provides the Illinois State Police with the transfer | ||||||
21 | records in accordance with procedures established by the | ||||||
22 | Illinois State Police Department . The Illinois State Police | ||||||
23 | Department shall establish, by rule, a standard form on its | ||||||
24 | website. | ||||||
25 | (b-5) Any resident may purchase ammunition from a person | ||||||
26 | within or outside of Illinois if shipment is by United States |
| |||||||
| |||||||
1 | mail or by a private express carrier authorized by federal law | ||||||
2 | to ship ammunition. Any resident purchasing ammunition within | ||||||
3 | or outside the State of Illinois must provide the seller with a | ||||||
4 | copy of his or her valid Firearm Owner's Identification Card | ||||||
5 | or valid concealed carry license and either his or her | ||||||
6 | Illinois driver's license or Illinois State Identification | ||||||
7 | Card prior to the shipment of the ammunition. The ammunition | ||||||
8 | may be shipped only to an address on either of those 2 | ||||||
9 | documents. | ||||||
10 | (c) The provisions of this Section regarding the transfer | ||||||
11 | of firearm
ammunition shall not apply to those persons | ||||||
12 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
13 | (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21; | ||||||
14 | revised 10-13-21.)
| ||||||
15 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| ||||||
16 | Sec. 3.1. Firearm Transfer Inquiry Program. | ||||||
17 | (a) The Illinois State Police shall provide
a dial up | ||||||
18 | telephone system or utilize other existing technology which | ||||||
19 | shall be used by any federally licensed
firearm dealer, gun | ||||||
20 | show promoter, or gun show vendor who is to transfer a firearm, | ||||||
21 | stun gun, or taser under the provisions of this
Act. The | ||||||
22 | Illinois State Police may utilize existing technology which
| ||||||
23 | allows the caller to be charged a fee not to exceed $2. Fees | ||||||
24 | collected by the Illinois State Police shall be deposited in | ||||||
25 | the State Police Firearm Services Fund and used
to provide the |
| |||||||
| |||||||
1 | service.
| ||||||
2 | (b) Upon receiving a request from a federally licensed | ||||||
3 | firearm dealer, gun show promoter, or gun show vendor, the
| ||||||
4 | Illinois State Police shall immediately approve , or , within | ||||||
5 | the time
period established by Section 24-3 of the Criminal | ||||||
6 | Code of 2012 regarding
the delivery of firearms, stun guns, | ||||||
7 | and tasers , notify the inquiring dealer, gun show promoter, or | ||||||
8 | gun show vendor of any objection that
would disqualify the | ||||||
9 | transferee from acquiring or possessing a firearm, stun gun, | ||||||
10 | or taser. In
conducting the inquiry, the Illinois State Police | ||||||
11 | shall initiate and
complete an automated search of its | ||||||
12 | criminal history record information
files and those of the | ||||||
13 | Federal Bureau of Investigation, including the
National | ||||||
14 | Instant Criminal Background Check System, and of the files of
| ||||||
15 | the Department of Human Services relating to mental health and
| ||||||
16 | developmental disabilities to obtain
any felony conviction or | ||||||
17 | patient hospitalization information which would
disqualify a | ||||||
18 | person from obtaining or require revocation of a currently
| ||||||
19 | valid Firearm Owner's Identification Card. | ||||||
20 | (b-5) By January 1, 2023, the Illinois State Police shall | ||||||
21 | by rule provide a process for the automatic renewal of the | ||||||
22 | Firearm Owner's Identification Card of a person at the time of | ||||||
23 | an inquiry in subsection (b). Persons eligible for this | ||||||
24 | process must have a set of fingerprints on file with their | ||||||
25 | applications application under either subsection (a-25) of | ||||||
26 | Section 4 or the Firearm Concealed Carry Act. |
| |||||||
| |||||||
1 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
2 | of the Criminal Code of 2012, federal law, or this Act , the | ||||||
3 | Illinois State Police shall: | ||||||
4 | (1) assign a unique identification number to the | ||||||
5 | transfer; and | ||||||
6 | (2) provide the licensee, gun show promoter, or gun | ||||||
7 | show vendor with the number. | ||||||
8 | (d) Approvals issued by the Illinois State Police for the | ||||||
9 | purchase of a firearm are valid for 30 days from the date of | ||||||
10 | issue.
| ||||||
11 | (e) (1) The Illinois State Police must act as the Illinois | ||||||
12 | Point of Contact
for the National Instant Criminal Background | ||||||
13 | Check System. | ||||||
14 | (2) The Illinois State Police and the Department of Human | ||||||
15 | Services shall, in accordance with State and federal law | ||||||
16 | regarding confidentiality, enter into a memorandum of | ||||||
17 | understanding with the Federal Bureau of Investigation for the | ||||||
18 | purpose of implementing the National Instant Criminal | ||||||
19 | Background Check System in the State. The Illinois State | ||||||
20 | Police shall report the name, date of birth, and physical | ||||||
21 | description of any person prohibited from possessing a firearm | ||||||
22 | pursuant to the Firearm Owners Identification Card Act or 18 | ||||||
23 | U.S.C. 922(g) and (n) to the National Instant Criminal | ||||||
24 | Background Check System Index, Denied Persons Files.
| ||||||
25 | (3) The Illinois State Police shall provide notice of the | ||||||
26 | disqualification of a person under subsection (b) of this |
| |||||||
| |||||||
1 | Section or the revocation of a person's Firearm Owner's | ||||||
2 | Identification Card under Section 8 or Section 8.2 of this | ||||||
3 | Act, and the reason for the disqualification or revocation, to | ||||||
4 | all law enforcement agencies with jurisdiction to assist with | ||||||
5 | the seizure of the person's Firearm Owner's Identification | ||||||
6 | Card. | ||||||
7 | (f) The Illinois State Police shall adopt rules not | ||||||
8 | inconsistent with this Section to implement this
system.
| ||||||
9 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
10 | revised 10-13-21.)
| ||||||
11 | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| ||||||
12 | Sec. 4. Application for Firearm Owner's Identification | ||||||
13 | Cards. | ||||||
14 | (a) Each applicant for a Firearm Owner's Identification | ||||||
15 | Card must:
| ||||||
16 | (1) Submit an application as made available by the | ||||||
17 | Illinois State Police; and
| ||||||
18 | (2) Submit evidence to the Illinois State Police that:
| ||||||
19 | (i) This subparagraph (i) applies through the | ||||||
20 | 180th day following July 12, 2019 ( the effective date | ||||||
21 | of Public Act 101-80) this amendatory Act of the 101st | ||||||
22 | General Assembly . He or she is 21 years of age or over, | ||||||
23 | or if he or she is under 21
years of age that he or she | ||||||
24 | has the written consent of his or her parent or
legal | ||||||
25 | guardian to possess and acquire firearms and firearm |
| |||||||
| |||||||
1 | ammunition and that
he or she has never been convicted | ||||||
2 | of a misdemeanor other than a traffic
offense or | ||||||
3 | adjudged
delinquent, 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 | Department as prescribed by the Department
stating | ||||||
8 | that he or she is not an individual prohibited from | ||||||
9 | having a Card; | ||||||
10 | (i-5) This subparagraph (i-5) applies on and after | ||||||
11 | the 181st day following July 12, 2019 ( the effective | ||||||
12 | date of Public Act 101-80) this amendatory Act of the | ||||||
13 | 101st General Assembly . He or she is 21 years of age or | ||||||
14 | over, or if he or she is under 21
years of age that he | ||||||
15 | or she has never been convicted of a misdemeanor other | ||||||
16 | than a traffic offense or adjudged delinquent and is | ||||||
17 | an active duty member of the United States Armed | ||||||
18 | Forces or has the written consent of his or her parent | ||||||
19 | or
legal guardian to possess and acquire firearms and | ||||||
20 | firearm ammunition, provided, however, that such | ||||||
21 | parent or legal guardian is not an
individual | ||||||
22 | prohibited from having a Firearm Owner's | ||||||
23 | Identification Card and
files an affidavit with the | ||||||
24 | Illinois State Police Department as prescribed by the | ||||||
25 | Illinois State Police Department
stating that he or | ||||||
26 | she is not an individual prohibited from having a Card |
| |||||||
| |||||||
1 | or the active duty member of the United States Armed | ||||||
2 | Forces under 21 years of age annually submits proof to | ||||||
3 | the Illinois State Police, in a manner prescribed by | ||||||
4 | the Illinois State Police Department ;
| ||||||
5 | (ii) He or she has not been convicted of a felony | ||||||
6 | under the laws of
this or any other jurisdiction;
| ||||||
7 | (iii) He or she is not addicted to narcotics;
| ||||||
8 | (iv) He or she has not been a patient in a mental | ||||||
9 | health facility within
the past 5 years or, if he or | ||||||
10 | she has been a patient in a mental health facility more | ||||||
11 | than 5 years ago submit the certification required | ||||||
12 | under subsection (u) of Section 8 of this Act;
| ||||||
13 | (v) He or she is not a person with an intellectual | ||||||
14 | disability;
| ||||||
15 | (vi) He or she is not an alien who is unlawfully | ||||||
16 | present in the
United States under the laws of the | ||||||
17 | United States;
| ||||||
18 | (vii) He or she is not subject to an existing order | ||||||
19 | of protection
prohibiting him or her from possessing a | ||||||
20 | firearm;
| ||||||
21 | (viii) He or she has not been convicted within the | ||||||
22 | past 5 years of
battery, assault, aggravated assault, | ||||||
23 | violation of an order of
protection, or a | ||||||
24 | substantially similar offense in another jurisdiction, | ||||||
25 | in
which a firearm was used or possessed;
| ||||||
26 | (ix) He or she has not been convicted of domestic |
| |||||||
| |||||||
1 | battery, aggravated domestic battery, or a
| ||||||
2 | substantially similar offense in another
jurisdiction | ||||||
3 | committed before, on or after January 1, 2012 (the | ||||||
4 | effective date of Public Act 97-158). If the applicant | ||||||
5 | knowingly and intelligently waives the right to have | ||||||
6 | an offense described in this clause (ix) tried by a | ||||||
7 | jury, and by guilty plea or otherwise, results in a | ||||||
8 | conviction for an offense in which a domestic | ||||||
9 | relationship is not a required element of the offense | ||||||
10 | but in which a determination of the applicability of | ||||||
11 | 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of | ||||||
12 | the Code of Criminal Procedure of 1963, an entry by the | ||||||
13 | court of a judgment of conviction for that offense | ||||||
14 | shall be grounds for denying the issuance of a Firearm | ||||||
15 | Owner's Identification Card under this Section;
| ||||||
16 | (x) (Blank);
| ||||||
17 | (xi) He or she is not an alien who has been | ||||||
18 | admitted to the United
States under a non-immigrant | ||||||
19 | visa (as that term is defined in Section
101(a)(26) of | ||||||
20 | the Immigration and Nationality Act (8 U.S.C. | ||||||
21 | 1101(a)(26))),
or that he or she is an alien who has | ||||||
22 | been lawfully admitted to the United
States under a | ||||||
23 | non-immigrant visa if that alien is:
| ||||||
24 | (1) admitted to the United States for lawful | ||||||
25 | hunting or sporting
purposes;
| ||||||
26 | (2) an official representative of a foreign |
| |||||||
| |||||||
1 | government who is:
| ||||||
2 | (A) accredited to the United States | ||||||
3 | Government or the Government's
mission to an | ||||||
4 | international organization having its | ||||||
5 | headquarters in the United
States; or
| ||||||
6 | (B) en route to or from another country to | ||||||
7 | which that alien is
accredited;
| ||||||
8 | (3) an official of a foreign government or | ||||||
9 | distinguished foreign
visitor who has been so | ||||||
10 | designated by the Department of State;
| ||||||
11 | (4) a foreign law enforcement officer of a | ||||||
12 | friendly foreign
government entering the United | ||||||
13 | States on official business; or
| ||||||
14 | (5) one who has received a waiver from the | ||||||
15 | Attorney General of the
United States pursuant to | ||||||
16 | 18 U.S.C. 922(y)(3);
| ||||||
17 | (xii) He or she is not a minor subject to a | ||||||
18 | petition filed
under Section 5-520 of the Juvenile | ||||||
19 | Court Act of 1987 alleging that the
minor is a | ||||||
20 | delinquent minor for the commission of an offense that | ||||||
21 | if
committed by an adult would be a felony;
| ||||||
22 | (xiii) He or she is not an adult who had been | ||||||
23 | adjudicated a delinquent
minor under the Juvenile | ||||||
24 | Court Act of 1987 for the commission of an offense
that | ||||||
25 | if committed by an adult would be a felony;
| ||||||
26 | (xiv) He or she is a resident of the State of |
| |||||||
| |||||||
1 | Illinois; | ||||||
2 | (xv) He or she has not been adjudicated as a person | ||||||
3 | with a mental disability; | ||||||
4 | (xvi) He or she has not been involuntarily | ||||||
5 | admitted into a mental health facility; and | ||||||
6 | (xvii) He or she is not a person with a | ||||||
7 | developmental disability; and | ||||||
8 | (3) Upon request by the Illinois State Police, sign a | ||||||
9 | release on a
form prescribed by the Illinois State Police | ||||||
10 | waiving any right to
confidentiality and requesting the | ||||||
11 | disclosure to the Illinois State Police
of limited mental | ||||||
12 | health institution admission information from another | ||||||
13 | state,
the District of Columbia, any other territory of | ||||||
14 | the United States, or a
foreign nation concerning the | ||||||
15 | applicant for the sole purpose of determining
whether the | ||||||
16 | applicant is or was a patient in a mental health | ||||||
17 | institution and
disqualified because of that status from | ||||||
18 | receiving a Firearm Owner's
Identification Card. No mental | ||||||
19 | health care or treatment records may be
requested. The | ||||||
20 | information received shall be destroyed within one year of
| ||||||
21 | receipt.
| ||||||
22 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
23 | Card who is over
the age of 18 shall furnish to the Illinois | ||||||
24 | State Police either his or
her Illinois driver's license | ||||||
25 | number or Illinois Identification Card number, except as
| ||||||
26 | provided in subsection (a-10).
|
| |||||||
| |||||||
1 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
2 | Card,
who is employed as a law enforcement officer, an armed | ||||||
3 | security officer in Illinois, or by the United States Military
| ||||||
4 | permanently assigned in Illinois and who is not an Illinois | ||||||
5 | resident, shall furnish to
the Illinois State Police his or | ||||||
6 | her driver's license number or state
identification card | ||||||
7 | number from his or her state of residence. The Illinois State | ||||||
8 | Police may adopt rules to enforce the provisions of this
| ||||||
9 | subsection (a-10).
| ||||||
10 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
11 | Identification Card moves from the residence address named in | ||||||
12 | the application, he or she shall immediately notify in a form | ||||||
13 | and manner prescribed by the Illinois State Police of that | ||||||
14 | change of address. | ||||||
15 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
16 | Card shall furnish to the Illinois State Police his or her | ||||||
17 | photograph. An applicant who is 21 years of age or older | ||||||
18 | seeking a religious exemption to the photograph requirement | ||||||
19 | must furnish with the application an approved copy of United | ||||||
20 | States Department of the Treasury Internal Revenue Service | ||||||
21 | Form 4029. In lieu of a photograph, an applicant regardless of | ||||||
22 | age seeking a religious exemption to the photograph | ||||||
23 | requirement shall submit fingerprints on a form and manner | ||||||
24 | prescribed by the Illinois State Police Department with his or | ||||||
25 | her application. | ||||||
26 | (a-25) Beginning January 1, 2023, each applicant for the |
| |||||||
| |||||||
1 | issuance of a Firearm Owner's Identification Card may include | ||||||
2 | a full set of his or her fingerprints in electronic format to | ||||||
3 | the Illinois State Police, unless the applicant has previously | ||||||
4 | provided a full set of his or her fingerprints to the Illinois | ||||||
5 | State Police under this Act or the Firearm Concealed Carry | ||||||
6 | Act. | ||||||
7 | The fingerprints must be transmitted through a live scan | ||||||
8 | fingerprint vendor licensed by the Department of Financial and | ||||||
9 | Professional Regulation. The fingerprints shall be checked | ||||||
10 | against the fingerprint records now and hereafter filed in the | ||||||
11 | Illinois State Police and Federal Bureau of Investigation | ||||||
12 | criminal history records databases, including all available | ||||||
13 | State and local criminal history record information files. | ||||||
14 | The Illinois State Police shall charge applicants a | ||||||
15 | one-time fee for conducting the criminal history record check, | ||||||
16 | which shall be deposited into the State Police Services Fund | ||||||
17 | and shall not exceed the actual cost of the State and national | ||||||
18 | criminal history record check. | ||||||
19 | (a-26) The Illinois State Police shall research, explore, | ||||||
20 | and report to the General Assembly by January 1, 2022 on the | ||||||
21 | feasibility of permitting voluntarily submitted fingerprints | ||||||
22 | obtained for purposes other than Firearm Owner's | ||||||
23 | Identification Card enforcement that are contained in the | ||||||
24 | Illinois State Police database for purposes of this Act. | ||||||
25 | (b) Each application form shall include the following | ||||||
26 | statement printed in
bold type: "Warning: Entering false |
| |||||||
| |||||||
1 | information on an application for a Firearm
Owner's | ||||||
2 | Identification Card is punishable as a Class 2 felony in | ||||||
3 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
4 | Owners Identification Card
Act.".
| ||||||
5 | (c) Upon such written consent, pursuant to Section 4, | ||||||
6 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
7 | consent shall be liable for any
damages resulting from the | ||||||
8 | applicant's use of firearms or firearm ammunition.
| ||||||
9 | (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
10 | 102-538, eff. 8-20-21; revised 10-12-21.)
| ||||||
11 | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
| ||||||
12 | Sec. 5. Application and renewal. | ||||||
13 | (a) The Illinois State Police shall either approve or
deny | ||||||
14 | all applications within 30 days from the date they are | ||||||
15 | received,
except as provided in subsections (b) and (c), and | ||||||
16 | every applicant found qualified under Section 8 of this Act by
| ||||||
17 | the Illinois State Police Department shall be entitled to a | ||||||
18 | Firearm Owner's Identification
Card upon the payment of a $10 | ||||||
19 | fee and applicable processing fees. The processing fees shall | ||||||
20 | be limited to charges by the State Treasurer for using the | ||||||
21 | electronic online payment system. Any applicant who is an | ||||||
22 | active duty member of the Armed Forces of the United States, a | ||||||
23 | member of the Illinois National Guard, or a member of the | ||||||
24 | Reserve Forces of the United States is exempt from the | ||||||
25 | application fee. $5 of each fee derived from the issuance of a |
| |||||||
| |||||||
1 | Firearm Owner's Identification Card or renewals , thereof , | ||||||
2 | shall be deposited in the State Police Firearm Services Fund | ||||||
3 | and $5 into the State Police Revocation Enforcement Fund. | ||||||
4 | (b) Renewal applications shall be approved or denied | ||||||
5 | within 60 business days, provided the applicant submitted his | ||||||
6 | or her renewal application prior to the expiration of his or | ||||||
7 | her Firearm Owner's Identification Card. If a renewal | ||||||
8 | application has been submitted prior to the expiration date of | ||||||
9 | the applicant's Firearm Owner's Identification Card, the | ||||||
10 | Firearm Owner's Identification Card shall remain valid while | ||||||
11 | the Illinois State Police Department processes the | ||||||
12 | application, unless the person is subject to or becomes | ||||||
13 | subject to revocation under this Act. The cost for a renewal | ||||||
14 | application shall be $10 , and may include applicable | ||||||
15 | processing fees, which shall be limited to charges by the | ||||||
16 | State Treasurer for using the electronic online payment | ||||||
17 | system, which shall be deposited into the State Police Firearm | ||||||
18 | Services Fund. | ||||||
19 | (c) If the Firearm Owner's Identification Card of a | ||||||
20 | licensee under the Firearm Concealed Carry Act expires during | ||||||
21 | the term of the licensee's concealed carry license, the | ||||||
22 | Firearm Owner's Identification Card and the license remain | ||||||
23 | valid and the licensee does not have to renew his or her | ||||||
24 | Firearm Owner's Identification Card during the duration of the | ||||||
25 | concealed carry license. Unless the Illinois State Police has | ||||||
26 | reason to believe the licensee is no longer eligible for the |
| |||||||
| |||||||
1 | card, the Illinois State Police may automatically renew the | ||||||
2 | licensee's Firearm Owner's Identification Card and send a | ||||||
3 | renewed Firearm Owner's Identification Card to the licensee. | ||||||
4 | (d) The Illinois State Police may adopt rules concerning | ||||||
5 | the use of voluntarily submitted fingerprints, as allowed by | ||||||
6 | State and federal law.
| ||||||
7 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
8 | revised 10-13-21.)
| ||||||
9 | (430 ILCS 65/6) (from Ch. 38, par. 83-6)
| ||||||
10 | Sec. 6. Contents of Firearm Owner's Identification Card.
| ||||||
11 | (a) A Firearm Owner's Identification Card, issued by the | ||||||
12 | Illinois State Police at such places as the Director of the | ||||||
13 | Illinois State Police
shall
specify, shall contain the | ||||||
14 | applicant's name, residence, date of birth, sex,
physical | ||||||
15 | description, recent photograph, except as provided in | ||||||
16 | subsection (c-5), and signature. Each Firearm Owner's
| ||||||
17 | Identification Card must have the Firearm Owner's | ||||||
18 | Identification Card number boldly and conspicuously
displayed | ||||||
19 | on the face of the card. Each Firearm Owner's
Identification | ||||||
20 | Card must have printed on it the following: "CAUTION - This
| ||||||
21 | card does not permit bearer to UNLAWFULLY carry or use | ||||||
22 | firearms."
Before December 1, 2002,
the Department of State | ||||||
23 | Police may use a person's digital photograph and signature | ||||||
24 | from his or
her
Illinois driver's license or Illinois | ||||||
25 | Identification Card, if available. On
and after December 1, |
| |||||||
| |||||||
1 | 2002,
the Illinois State Police (formerly the Department of | ||||||
2 | State Police) Department shall use a person's digital | ||||||
3 | photograph and signature from his
or her
Illinois driver's | ||||||
4 | license or Illinois Identification Card, if available. The | ||||||
5 | Illinois State Police
Department shall decline to use a | ||||||
6 | person's digital photograph or signature if
the digital | ||||||
7 | photograph or signature is the result of or associated with
| ||||||
8 | fraudulent or erroneous data, unless otherwise provided by | ||||||
9 | law.
| ||||||
10 | (b) A person applying for a Firearm Owner's Identification | ||||||
11 | Card shall
consent
to the Illinois State Police using the | ||||||
12 | applicant's digital driver's
license
or Illinois | ||||||
13 | Identification Card photograph, if available, and signature on | ||||||
14 | the
applicant's
Firearm Owner's Identification Card. The | ||||||
15 | Secretary
of State shall allow the Illinois State Police | ||||||
16 | access to the photograph
and signature for the purpose of | ||||||
17 | identifying the applicant and issuing to the
applicant a
| ||||||
18 | Firearm Owner's Identification Card.
| ||||||
19 | (c) The Secretary of State shall conduct a study to | ||||||
20 | determine the cost
and
feasibility of creating a method of | ||||||
21 | adding an identifiable code, background, or
other means on the | ||||||
22 | driver's license or Illinois Identification Card to show
that
| ||||||
23 | an individual is not disqualified from owning or possessing a | ||||||
24 | firearm under
State or federal law. The Secretary shall report | ||||||
25 | the findings of this study August 17, 2002 ( 12 months after the | ||||||
26 | effective date of Public Act 92-442) this amendatory Act of |
| |||||||
| |||||||
1 | the 92nd General
Assembly .
| ||||||
2 | (c-5) If a person qualifies for a photograph exemption, in | ||||||
3 | lieu of a photograph, the Firearm Owner's Identification Card | ||||||
4 | shall contain a copy of the card holder's fingerprints. Each | ||||||
5 | Firearm Owner's Identification Card described in this | ||||||
6 | subsection (c-5) must have printed on it the following: "This | ||||||
7 | card is only valid for firearm purchases through a federally | ||||||
8 | licensed firearms dealer when presented with photographic | ||||||
9 | identification, as prescribed by 18 U.S.C. 922(t)(1)(C)." | ||||||
10 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
11 | revised 10-14-21.)
| ||||||
12 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| ||||||
13 | Sec. 8. Grounds for denial and revocation. The Illinois | ||||||
14 | State Police has authority to deny an
application for or to | ||||||
15 | revoke and seize a Firearm Owner's Identification
Card | ||||||
16 | previously issued under this Act only if the Illinois State | ||||||
17 | Police Department finds that the
applicant or the person to | ||||||
18 | whom such card was issued is or was at the time
of issuance:
| ||||||
19 | (a) A person under 21 years of age who has been | ||||||
20 | convicted of a
misdemeanor other than a traffic offense or | ||||||
21 | adjudged delinquent;
| ||||||
22 | (b) This subsection (b) applies through the 180th day | ||||||
23 | following July 12, 2019 ( the effective date of Public Act | ||||||
24 | 101-80) this amendatory Act of the 101st General Assembly . | ||||||
25 | A person under 21 years of age who does not have the |
| |||||||
| |||||||
1 | written consent
of his parent or guardian to acquire and | ||||||
2 | possess firearms and firearm
ammunition, or whose parent | ||||||
3 | or guardian has revoked such written consent,
or where | ||||||
4 | such parent or guardian does not qualify to have a Firearm | ||||||
5 | Owner's
Identification Card; | ||||||
6 | (b-5) This subsection (b-5) applies on and after the | ||||||
7 | 181st day following July 12, 2019 ( the effective date of | ||||||
8 | Public Act 101-80) this amendatory Act of the 101st | ||||||
9 | General Assembly . A person under 21 years of age who is not | ||||||
10 | an active duty member of the United States Armed Forces | ||||||
11 | and does not have the written consent
of his or her parent | ||||||
12 | or guardian to acquire and possess firearms and firearm
| ||||||
13 | ammunition, or whose parent or guardian has revoked such | ||||||
14 | written consent,
or where such parent or guardian does not | ||||||
15 | qualify to have a Firearm Owner's
Identification Card;
| ||||||
16 | (c) A person convicted of a felony under the laws of | ||||||
17 | this or any other
jurisdiction;
| ||||||
18 | (d) A person addicted to narcotics;
| ||||||
19 | (e) A person who has been a patient of a mental health | ||||||
20 | facility within the
past 5 years or a person who has been a | ||||||
21 | patient in a mental health facility more than 5 years ago | ||||||
22 | who has not received the certification required under | ||||||
23 | subsection (u) of this Section. An active law enforcement | ||||||
24 | officer employed by a unit of government or a Department | ||||||
25 | of Corrections employee authorized to possess firearms who | ||||||
26 | is denied, revoked, or has his or her Firearm Owner's |
| |||||||
| |||||||
1 | Identification Card seized under this subsection (e) may | ||||||
2 | obtain relief as described in subsection (c-5) of Section | ||||||
3 | 10 of this Act if the officer or employee did not act in a | ||||||
4 | manner threatening to the officer or employee, another | ||||||
5 | person, or the public as determined by the treating | ||||||
6 | clinical psychologist or physician, and the officer or | ||||||
7 | employee seeks mental health treatment;
| ||||||
8 | (f) A person whose mental condition is of such a | ||||||
9 | nature that it poses
a clear and present danger to the | ||||||
10 | applicant, any other person or persons , or
the community;
| ||||||
11 | (g) A person who has an intellectual disability;
| ||||||
12 | (h) A person who intentionally makes a false statement | ||||||
13 | in the Firearm
Owner's Identification Card application;
| ||||||
14 | (i) An alien who is unlawfully present in
the United | ||||||
15 | States under the laws of the United States;
| ||||||
16 | (i-5) An alien who has been admitted to the United | ||||||
17 | States under a
non-immigrant visa (as that term is defined | ||||||
18 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
19 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
20 | (i-5) does not apply to any alien who has been lawfully | ||||||
21 | admitted to
the United States under a non-immigrant visa | ||||||
22 | if that alien is:
| ||||||
23 | (1) admitted to the United States for lawful | ||||||
24 | hunting or sporting purposes;
| ||||||
25 | (2) an official representative of a foreign | ||||||
26 | government who is:
|
| |||||||
| |||||||
1 | (A) accredited to the United States Government | ||||||
2 | or the Government's
mission to an international | ||||||
3 | organization having its headquarters in the United
| ||||||
4 | States; or
| ||||||
5 | (B) en route to or from another country to | ||||||
6 | which that alien is
accredited;
| ||||||
7 | (3) an official of a foreign government or | ||||||
8 | distinguished foreign visitor
who has been so | ||||||
9 | designated by the Department of State;
| ||||||
10 | (4) a foreign law enforcement officer of a | ||||||
11 | friendly foreign government
entering the United States | ||||||
12 | on official business; or
| ||||||
13 | (5) one who has received a waiver from the | ||||||
14 | Attorney General of the United
States pursuant to 18 | ||||||
15 | U.S.C. 922(y)(3);
| ||||||
16 | (j) (Blank);
| ||||||
17 | (k) A person who has been convicted within the past 5 | ||||||
18 | years of battery,
assault, aggravated assault, violation | ||||||
19 | of an order of protection, or a
substantially similar | ||||||
20 | offense in another jurisdiction, in which a firearm was
| ||||||
21 | used or possessed;
| ||||||
22 | (l) A person who has been convicted of domestic | ||||||
23 | battery, aggravated domestic battery, or a substantially
| ||||||
24 | similar offense in another jurisdiction committed before, | ||||||
25 | on or after January 1, 2012 (the effective date of Public | ||||||
26 | Act 97-158). If the applicant or person who has been |
| |||||||
| |||||||
1 | previously issued a Firearm Owner's Identification Card | ||||||
2 | under this Act knowingly and intelligently waives the | ||||||
3 | right to have an offense described in this paragraph (l) | ||||||
4 | tried by a jury, and by guilty plea or otherwise, results | ||||||
5 | in a conviction for an offense in which a domestic | ||||||
6 | relationship is not a required element of the offense but | ||||||
7 | in which a determination of the applicability of 18 U.S.C. | ||||||
8 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
9 | Criminal Procedure of 1963, an entry by the court of a | ||||||
10 | judgment of conviction for that offense shall be grounds | ||||||
11 | for denying an application for and for revoking and | ||||||
12 | seizing a Firearm Owner's Identification Card previously | ||||||
13 | issued to the person under this Act;
| ||||||
14 | (m) (Blank);
| ||||||
15 | (n) A person who is prohibited from acquiring or | ||||||
16 | possessing
firearms or firearm ammunition by any Illinois | ||||||
17 | State statute or by federal
law;
| ||||||
18 | (o) A minor subject to a petition filed under Section | ||||||
19 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
20 | minor is a delinquent minor for
the commission of an | ||||||
21 | offense that if committed by an adult would be a felony;
| ||||||
22 | (p) An adult who had been adjudicated a delinquent | ||||||
23 | minor under the Juvenile
Court Act of 1987 for the | ||||||
24 | commission of an offense that if committed by an
adult | ||||||
25 | would be a felony;
| ||||||
26 | (q) A person who is not a resident of the State of |
| |||||||
| |||||||
1 | Illinois, except as provided in subsection (a-10) of | ||||||
2 | Section 4; | ||||||
3 | (r) A person who has been adjudicated as a person with | ||||||
4 | a mental disability; | ||||||
5 | (s) A person who has been found to have a | ||||||
6 | developmental disability; | ||||||
7 | (t) A person involuntarily admitted into a mental | ||||||
8 | health facility; or | ||||||
9 | (u) A person who has had his or her Firearm Owner's | ||||||
10 | Identification Card revoked or denied under subsection (e) | ||||||
11 | of this Section or item (iv) of paragraph (2) of | ||||||
12 | subsection (a) of Section 4 of this Act because he or she | ||||||
13 | was a patient in a mental health facility as provided in | ||||||
14 | subsection (e) of this Section, shall not be permitted to | ||||||
15 | obtain a Firearm Owner's Identification Card, after the | ||||||
16 | 5-year period has lapsed, unless he or she has received a | ||||||
17 | mental health evaluation by a physician, clinical | ||||||
18 | psychologist, or qualified examiner as those terms are | ||||||
19 | defined in the Mental Health and Developmental | ||||||
20 | Disabilities Code, and has received a certification that | ||||||
21 | he or she is not a clear and present danger to himself, | ||||||
22 | herself, or others. The physician, clinical psychologist, | ||||||
23 | or qualified examiner making the certification and his or | ||||||
24 | her employer shall not be held criminally, civilly, or | ||||||
25 | professionally liable for making or not making the | ||||||
26 | certification required under this subsection, except for |
| |||||||
| |||||||
1 | willful or wanton misconduct. This subsection does not | ||||||
2 | apply to a person whose firearm possession rights have | ||||||
3 | been restored through administrative or judicial action | ||||||
4 | under Section 10 or 11 of this Act. | ||||||
5 | Upon revocation of a person's Firearm Owner's | ||||||
6 | Identification Card, the Illinois State Police shall provide | ||||||
7 | notice to the person and the person shall comply with Section | ||||||
8 | 9.5 of this Act. | ||||||
9 | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; | ||||||
10 | 102-645, eff. 1-1-22; revised 10-14-21.)
| ||||||
11 | (430 ILCS 65/8.3) | ||||||
12 | Sec. 8.3. Suspension of Firearm Owner's Identification | ||||||
13 | Card. The Illinois State Police may suspend the Firearm | ||||||
14 | Owner's Identification Card of a person whose Firearm Owner's | ||||||
15 | Identification Card is subject to revocation and seizure under | ||||||
16 | this Act for the duration of the disqualification if the | ||||||
17 | disqualification is not a permanent grounds for revocation of | ||||||
18 | a Firearm Owner's Identification Card under this Act. The | ||||||
19 | Illinois State Police may adopt rules necessary to implement | ||||||
20 | this Section.
| ||||||
21 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
22 | revised 10-15-21.) | ||||||
23 | (430 ILCS 65/9.5) | ||||||
24 | Sec. 9.5. Revocation of Firearm Owner's Identification
|
| |||||||
| |||||||
1 | Card. | ||||||
2 | (a) A person who receives a revocation notice under | ||||||
3 | Section 9 of this Act shall, within 48 hours of receiving | ||||||
4 | notice of the revocation: | ||||||
5 | (1) surrender his or her Firearm Owner's | ||||||
6 | Identification Card to the local law enforcement agency | ||||||
7 | where the person resides or to the Illinois State Police; | ||||||
8 | and | ||||||
9 | (2) complete a Firearm Disposition Record on a form | ||||||
10 | prescribed by the Illinois State Police and place his or | ||||||
11 | her firearms in the location or with the person reported | ||||||
12 | in the Firearm Disposition Record. The form shall require | ||||||
13 | the person to disclose: | ||||||
14 | (A) the make, model, and serial number of each | ||||||
15 | firearm owned by or under the custody and control of | ||||||
16 | the revoked person; | ||||||
17 | (B) the location where each firearm will be | ||||||
18 | maintained during the prohibited term; | ||||||
19 | (C) if any firearm will be transferred to the | ||||||
20 | custody of another person, the name, address and | ||||||
21 | Firearm Owner's Identification Card number of the | ||||||
22 | transferee; and | ||||||
23 | (D) to whom his or her Firearm Owner's | ||||||
24 | Identification Card was surrendered. | ||||||
25 | Once completed, the person shall retain a copy and | ||||||
26 | provide a copy of the Firearm Disposition Record to the |
| |||||||
| |||||||
1 | Illinois State Police. | ||||||
2 | (b) Upon confirming through the portal created under | ||||||
3 | Section 2605-304 of the Illinois Department of State Police | ||||||
4 | Law of the Civil Administrative Code of Illinois that the | ||||||
5 | Firearm Owner's Identification Card has been revoked by the | ||||||
6 | Illinois State Police, surrendered cards shall be destroyed by | ||||||
7 | the law enforcement agency receiving the cards. If a card has | ||||||
8 | not been revoked, the card shall be returned to the | ||||||
9 | cardholder. Illinois | ||||||
10 | (b-5) If a court orders the surrender of a Firearms | ||||||
11 | Owner's Identification Card and accepts receipt of the Card, | ||||||
12 | the court shall destroy the Card and direct the person whose | ||||||
13 | Firearm Owner's Identification Card has been surrendered to | ||||||
14 | comply with paragraph (2) of subsection (a). | ||||||
15 | (b-10) If the person whose Firearm Owner's Identification | ||||||
16 | Card has been revoked has either lost or destroyed the Card, | ||||||
17 | the person must still comply with paragraph (2) of subsection | ||||||
18 | (a). | ||||||
19 | (b-15) A notation shall be made in the portal created | ||||||
20 | under Section 2605-304 of the Illinois Department of State | ||||||
21 | Police Law of the Civil Administrative Code of Illinois that | ||||||
22 | the revoked Firearm Owner's Identification Card has been | ||||||
23 | destroyed. | ||||||
24 | (c) If the person whose Firearm Owner's Identification | ||||||
25 | Card has been revoked fails to comply with the requirements of | ||||||
26 | this Section, the sheriff or law enforcement agency where the |
| |||||||
| |||||||
1 | person resides may petition the circuit court to issue a | ||||||
2 | warrant to search for and seize the Firearm Owner's | ||||||
3 | Identification Card and firearms in the possession or under | ||||||
4 | the custody or control of the person whose Firearm Owner's | ||||||
5 | Identification Card has been revoked. | ||||||
6 | (d) A violation of subsection (a) of this Section is a | ||||||
7 | Class A misdemeanor. | ||||||
8 | (e) The observation of a Firearm Owner's Identification | ||||||
9 | Card in the possession of a person whose Firearm Owner's | ||||||
10 | Identification Card has been revoked constitutes a sufficient | ||||||
11 | basis for the arrest of that person for violation of this | ||||||
12 | Section. | ||||||
13 | (f) Within 30 days after July 9, 2013 ( the effective date | ||||||
14 | of Public Act 98-63) this amendatory Act of the 98th General | ||||||
15 | Assembly , the Illinois State Police shall provide written | ||||||
16 | notice of the requirements of this Section to persons whose | ||||||
17 | Firearm Owner's Identification Cards have been revoked, | ||||||
18 | suspended, or expired and who have failed to surrender their | ||||||
19 | cards to the Illinois State Police Department . | ||||||
20 | (g) A person whose Firearm Owner's Identification Card has | ||||||
21 | been revoked and who received notice under subsection (f) | ||||||
22 | shall comply with the requirements of this Section within 48 | ||||||
23 | hours of receiving notice.
| ||||||
24 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
25 | revised 10-15-21.)
|
| |||||||
| |||||||
1 | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
| ||||||
2 | Sec. 10. Appeals; hearing; relief from firearm | ||||||
3 | prohibitions. | ||||||
4 | (a) Whenever an application for a Firearm Owner's | ||||||
5 | Identification
Card is denied or whenever such a Card is | ||||||
6 | revoked or seized
as provided for in Section 8 of this Act, the | ||||||
7 | aggrieved party may
(1) file a record challenge with the | ||||||
8 | Director regarding the record upon which the decision to deny | ||||||
9 | or revoke the Firearm Owner's Identification Card was based | ||||||
10 | under subsection (a-5); or (2) appeal
to the Director of the | ||||||
11 | Illinois State Police through December 31, 2022, or beginning | ||||||
12 | January 1, 2023, the Firearm Owner's Identification Card | ||||||
13 | Review Board for a hearing seeking relief from
such denial or | ||||||
14 | revocation unless the denial or revocation
was based upon a | ||||||
15 | forcible felony, stalking, aggravated stalking, domestic
| ||||||
16 | battery, any violation of the Illinois Controlled Substances | ||||||
17 | Act, the Methamphetamine Control and Community Protection Act, | ||||||
18 | or the
Cannabis Control Act that is classified as a Class 2 or | ||||||
19 | greater felony,
any
felony violation of Article 24 of the | ||||||
20 | Criminal Code of 1961 or the Criminal Code of 2012, or any
| ||||||
21 | adjudication as a delinquent minor for the commission of an
| ||||||
22 | offense that if committed by an adult would be a felony, in | ||||||
23 | which case the
aggrieved party may petition the circuit court | ||||||
24 | in writing in the county of
his or her residence for a hearing | ||||||
25 | seeking relief from such denial or revocation.
| ||||||
26 | (a-5) There is created a Firearm Owner's Identification |
| |||||||
| |||||||
1 | Card Review Board to consider any appeal under subsection (a) | ||||||
2 | beginning January 1, 2023, other than an appeal directed to | ||||||
3 | the circuit court and except when the applicant is challenging | ||||||
4 | the record upon which the decision to deny or revoke was based | ||||||
5 | as provided in subsection (a-10). | ||||||
6 | (0.05) In furtherance of the policy of this Act that | ||||||
7 | the Board shall exercise its powers and duties in an | ||||||
8 | independent manner, subject to the provisions of this Act | ||||||
9 | but free from the direction, control, or influence of any | ||||||
10 | other agency or department of State government. All | ||||||
11 | expenses and liabilities incurred by the Board in the | ||||||
12 | performance of its responsibilities hereunder shall be | ||||||
13 | paid from funds which shall be appropriated to the Board | ||||||
14 | by the General Assembly for the ordinary and contingent | ||||||
15 | expenses of the Board. | ||||||
16 | (1) The Board shall consist of 7 members appointed by | ||||||
17 | the Governor, with the advice and consent of the Senate, | ||||||
18 | with 3 members residing within the First Judicial District | ||||||
19 | and one member residing within each of the 4 remaining | ||||||
20 | Judicial Districts. No more than 4 members shall be | ||||||
21 | members of the same political party. The Governor shall | ||||||
22 | designate one member as the chairperson. The Board shall | ||||||
23 | consist of: | ||||||
24 | (A) one member with at least 5 years of service as | ||||||
25 | a federal or State judge; | ||||||
26 | (B) one member with at least 5 years of experience |
| |||||||
| |||||||
1 | serving as an attorney with the United States | ||||||
2 | Department of Justice, or as a State's Attorney or | ||||||
3 | Assistant State's Attorney; | ||||||
4 | (C) one member with at least 5 years of experience | ||||||
5 | serving as a State or federal public defender or | ||||||
6 | assistant public defender; | ||||||
7 | (D) three members with at least 5 years of | ||||||
8 | experience as a federal, State, or local law | ||||||
9 | enforcement agent or as an employee with investigative | ||||||
10 | experience or duties related to criminal justice under | ||||||
11 | the United States Department of Justice, Drug | ||||||
12 | Enforcement Administration, Department of Homeland | ||||||
13 | Security, Federal Bureau of Investigation, or a State | ||||||
14 | or local law enforcement agency; and | ||||||
15 | (E) one member with at least 5 years of experience | ||||||
16 | as a licensed physician or clinical psychologist with | ||||||
17 | expertise in the diagnosis and treatment of mental | ||||||
18 | illness. | ||||||
19 | (2) The terms of the members initially appointed after | ||||||
20 | January 1, 2022 ( the effective date of Public Act 102-237) | ||||||
21 | this amendatory Act of the 102nd General Assembly shall be | ||||||
22 | as follows: one of
the initial members shall be appointed | ||||||
23 | for a term of one year, 3 shall be
appointed for terms of 2 | ||||||
24 | years, and 3 shall be appointed for terms of 4 years. | ||||||
25 | Thereafter, members shall hold office for 4 years, with | ||||||
26 | terms expiring on the second Monday in January immediately |
| |||||||
| |||||||
1 | following the expiration of their terms and every 4 years | ||||||
2 | thereafter. Members may be reappointed. Vacancies in the | ||||||
3 | office of member shall be filled in the same manner as the | ||||||
4 | original appointment, for the remainder of the unexpired | ||||||
5 | term. The Governor may remove a member for incompetence, | ||||||
6 | neglect of duty, malfeasance, or inability to serve. | ||||||
7 | Members shall receive compensation in an amount equal to | ||||||
8 | the compensation of members of the Executive Ethics | ||||||
9 | Commission and may be reimbursed, from funds appropriated | ||||||
10 | for such a purpose, for reasonable expenses actually | ||||||
11 | incurred in the performance of their Board duties. The | ||||||
12 | Illinois State Police shall designate an employee to serve | ||||||
13 | as Executive Director of the Board and provide logistical | ||||||
14 | and administrative assistance to the Board. | ||||||
15 | (3) The Board shall meet at least quarterly each year | ||||||
16 | and at the call of the chairperson as often as necessary to | ||||||
17 | consider appeals of decisions made with respect to | ||||||
18 | applications for a Firearm Owner's Identification Card | ||||||
19 | under this Act. If necessary to ensure the participation | ||||||
20 | of a member, the Board shall allow a member to participate | ||||||
21 | in a Board meeting by electronic communication. Any member | ||||||
22 | participating electronically shall be deemed present for | ||||||
23 | purposes of establishing a quorum and voting. | ||||||
24 | (4) The Board shall adopt rules for the review of | ||||||
25 | appeals and the conduct of hearings. The Board shall | ||||||
26 | maintain a record of its decisions and all materials |
| |||||||
| |||||||
1 | considered in making its decisions. All Board decisions | ||||||
2 | and voting records shall be kept confidential and all | ||||||
3 | materials considered by the Board shall be exempt from | ||||||
4 | inspection except upon order of a court. | ||||||
5 | (5) In considering an appeal, the Board shall review | ||||||
6 | the materials received concerning the denial or revocation | ||||||
7 | by the Illinois State Police. By a vote of at least 4 | ||||||
8 | members, the Board may request additional information from | ||||||
9 | the Illinois State Police or the applicant or the | ||||||
10 | testimony of the Illinois State Police or the applicant. | ||||||
11 | The Board may require that the applicant submit electronic | ||||||
12 | fingerprints to the Illinois State Police for an updated | ||||||
13 | background check if the Board determines it lacks | ||||||
14 | sufficient information to determine eligibility. The Board | ||||||
15 | may consider information submitted by the Illinois State | ||||||
16 | Police, a law enforcement agency, or the applicant. The | ||||||
17 | Board shall review each denial or revocation and determine | ||||||
18 | by a majority of members whether an applicant should be | ||||||
19 | granted relief under subsection (c). | ||||||
20 | (6) The Board shall by order issue summary decisions. | ||||||
21 | The Board shall issue a decision within 45 days of | ||||||
22 | receiving all completed appeal documents from the Illinois | ||||||
23 | State Police and the applicant. However, the Board need | ||||||
24 | not issue a decision within 45 days if: | ||||||
25 | (A) the Board requests information from the | ||||||
26 | applicant, including, but not limited to, electronic |
| |||||||
| |||||||
1 | fingerprints to be submitted to the Illinois State | ||||||
2 | Police, in accordance with paragraph (5) of this | ||||||
3 | subsection, in which case the Board shall make a | ||||||
4 | decision within 30 days of receipt of the required | ||||||
5 | information from the applicant; | ||||||
6 | (B) the applicant agrees, in writing, to allow the | ||||||
7 | Board additional time to consider an appeal; or | ||||||
8 | (C) the Board notifies the applicant and the | ||||||
9 | Illinois State Police that the Board needs an | ||||||
10 | additional 30 days to issue a decision. The Board may | ||||||
11 | only issue 2 extensions under this subparagraph (C). | ||||||
12 | The Board's notification to the applicant and the | ||||||
13 | Illinois State Police shall include an explanation for | ||||||
14 | the extension. | ||||||
15 | (7) If the Board determines that the applicant is | ||||||
16 | eligible for relief under subsection (c), the Board shall | ||||||
17 | notify the applicant and the Illinois State Police that | ||||||
18 | relief has been granted and the Illinois State Police | ||||||
19 | shall issue the Card. | ||||||
20 | (8) Meetings of the Board shall not be subject to the | ||||||
21 | Open Meetings Act and records of the Board shall not be | ||||||
22 | subject to the Freedom of Information Act. | ||||||
23 | (9) The Board shall report monthly to the Governor and | ||||||
24 | the General Assembly on the number of appeals received and | ||||||
25 | provide details of the circumstances in which the Board | ||||||
26 | has determined to deny Firearm Owner's Identification |
| |||||||
| |||||||
1 | Cards under this subsection (a-5). The report shall not | ||||||
2 | contain any identifying information about the applicants. | ||||||
3 | (a-10) Whenever an applicant or cardholder is not seeking | ||||||
4 | relief from a firearms prohibition under subsection (c) but | ||||||
5 | rather does not believe the applicant is appropriately denied | ||||||
6 | or revoked and is challenging the record upon which the | ||||||
7 | decision to deny or revoke the Firearm Owner's Identification | ||||||
8 | Card was based, or whenever the Illinois State Police fails to | ||||||
9 | act on an application within 30 days of its receipt, the | ||||||
10 | applicant shall file such challenge with the Director. The | ||||||
11 | Director shall render a decision within 60 business days of | ||||||
12 | receipt of all information supporting the challenge. The | ||||||
13 | Illinois State Police shall adopt rules for the review of a | ||||||
14 | record challenge. | ||||||
15 | (b) At least 30 days before any hearing in the circuit | ||||||
16 | court, the
petitioner shall serve the
relevant State's | ||||||
17 | Attorney with a copy of the petition. The State's Attorney
may | ||||||
18 | object to the petition and present evidence. At the hearing, | ||||||
19 | the court
shall
determine whether substantial justice has been | ||||||
20 | done. Should the court
determine that substantial justice has | ||||||
21 | not been done, the court shall issue an
order directing the | ||||||
22 | Illinois State Police to issue a Card. However, the court | ||||||
23 | shall not issue the order if the petitioner is otherwise | ||||||
24 | prohibited from obtaining, possessing, or using a firearm | ||||||
25 | under
federal law.
| ||||||
26 | (c) Any person prohibited from possessing a firearm under |
| |||||||
| |||||||
1 | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or | ||||||
2 | acquiring a Firearm Owner's
Identification Card under Section | ||||||
3 | 8 of this Act may apply to
the Firearm Owner's Identification | ||||||
4 | Card Review Board the Illinois
or petition the circuit court | ||||||
5 | in the county where the petitioner resides,
whichever is | ||||||
6 | applicable in accordance with subsection (a) of this Section,
| ||||||
7 | requesting relief
from such prohibition and the Board or court | ||||||
8 | may grant such relief if it
is
established by the applicant to | ||||||
9 | the court's or the Board's satisfaction
that:
| ||||||
10 | (0.05) when in the circuit court, the State's Attorney | ||||||
11 | has been served
with a written
copy of the
petition at | ||||||
12 | least 30 days before any such hearing in the circuit court | ||||||
13 | and at
the hearing the
State's Attorney was afforded an | ||||||
14 | opportunity to present evidence and object to
the | ||||||
15 | petition;
| ||||||
16 | (1) the applicant has not been convicted of a forcible | ||||||
17 | felony under the
laws of this State or any other | ||||||
18 | jurisdiction within 20 years of the
applicant's | ||||||
19 | application for a Firearm Owner's Identification Card, or | ||||||
20 | at
least 20 years have passed since the end of any period | ||||||
21 | of imprisonment
imposed in relation to that conviction;
| ||||||
22 | (2) the circumstances regarding a criminal conviction, | ||||||
23 | where applicable,
the applicant's criminal history and his | ||||||
24 | reputation are such that the applicant
will not be likely | ||||||
25 | to act in a manner dangerous to public safety;
| ||||||
26 | (3) granting relief would not be contrary to the |
| |||||||
| |||||||
1 | public interest; and | ||||||
2 | (4) granting relief would not be contrary to federal | ||||||
3 | law.
| ||||||
4 | (c-5) (1) An active law enforcement officer employed by a | ||||||
5 | unit of government or a Department of Corrections employee | ||||||
6 | authorized to possess firearms who is denied, revoked, or has | ||||||
7 | his or her Firearm Owner's Identification Card seized under | ||||||
8 | subsection (e) of Section 8 of this Act may apply to the | ||||||
9 | Firearm Owner's Identification Card Review Board the Illinois | ||||||
10 | requesting relief if the officer or employee did not act in a | ||||||
11 | manner threatening to the officer or employee, another person, | ||||||
12 | or the public as determined by the treating clinical | ||||||
13 | psychologist or physician, and as a result of his or her work | ||||||
14 | is referred by the employer for or voluntarily seeks mental | ||||||
15 | health evaluation or treatment by a licensed clinical | ||||||
16 | psychologist, psychiatrist, or qualified examiner, and: | ||||||
17 | (A) the officer or employee has not received treatment | ||||||
18 | involuntarily at a mental health facility, regardless of | ||||||
19 | the length of admission; or has not been voluntarily | ||||||
20 | admitted to a mental health facility for more than 30 days | ||||||
21 | and not for more than one incident within the past 5 years; | ||||||
22 | and | ||||||
23 | (B) the officer or employee has not left the mental | ||||||
24 | institution against medical advice. | ||||||
25 | (2) The Firearm Owner's Identification Card Review Board | ||||||
26 | the Illinois shall grant expedited relief to active law |
| |||||||
| |||||||
1 | enforcement officers and employees described in paragraph (1) | ||||||
2 | of this subsection (c-5) upon a determination by the Board | ||||||
3 | that the officer's or employee's possession of a firearm does | ||||||
4 | not present a threat to themselves, others, or public safety. | ||||||
5 | The Board shall act on the request for relief within 30 | ||||||
6 | business days of receipt of: | ||||||
7 | (A) a notarized statement from the officer or employee | ||||||
8 | in the form prescribed by the Board detailing the | ||||||
9 | circumstances that led to the hospitalization; | ||||||
10 | (B) all documentation regarding the admission, | ||||||
11 | evaluation, treatment and discharge from the treating | ||||||
12 | licensed clinical psychologist or psychiatrist of the | ||||||
13 | officer; | ||||||
14 | (C) a psychological fitness for duty evaluation of the | ||||||
15 | person completed after the time of discharge; and | ||||||
16 | (D) written confirmation in the form prescribed by the | ||||||
17 | Board from the treating licensed clinical psychologist or | ||||||
18 | psychiatrist that the provisions set forth in paragraph | ||||||
19 | (1) of this subsection (c-5) have been met, the person | ||||||
20 | successfully completed treatment, and their professional | ||||||
21 | opinion regarding the person's ability to possess | ||||||
22 | firearms. | ||||||
23 | (3) Officers and employees eligible for the expedited | ||||||
24 | relief in paragraph (2) of this subsection (c-5) have the | ||||||
25 | burden of proof on eligibility and must provide all | ||||||
26 | information required. The Board may not consider granting |
| |||||||
| |||||||
1 | expedited relief until the proof and information is received. | ||||||
2 | (4) "Clinical psychologist", "psychiatrist", and | ||||||
3 | "qualified examiner" shall have the same meaning as provided | ||||||
4 | in Chapter I of the Mental Health and Developmental | ||||||
5 | Disabilities Code. | ||||||
6 | (c-10) (1) An applicant, who is denied, revoked, or has | ||||||
7 | his or her Firearm Owner's Identification Card seized under | ||||||
8 | subsection (e) of Section 8 of this Act based upon a | ||||||
9 | determination of a developmental disability or an intellectual | ||||||
10 | disability may apply to the Firearm Owner's Identification | ||||||
11 | Card Review Board the Illinois requesting relief. | ||||||
12 | (2) The Board shall act on the request for relief within 60 | ||||||
13 | business days of receipt of written certification, in the form | ||||||
14 | prescribed by the Board, from a physician or clinical | ||||||
15 | psychologist, or qualified examiner, that the aggrieved | ||||||
16 | party's developmental disability or intellectual disability | ||||||
17 | condition is determined by a physician, clinical psychologist, | ||||||
18 | or qualified to be mild. If a fact-finding conference is | ||||||
19 | scheduled to obtain additional information concerning the | ||||||
20 | circumstances of the denial or revocation, the 60 business | ||||||
21 | days the Director has to act shall be tolled until the | ||||||
22 | completion of the fact-finding conference. | ||||||
23 | (3) The Board may grant relief if the aggrieved party's | ||||||
24 | developmental disability or intellectual disability is mild as | ||||||
25 | determined by a physician, clinical psychologist, or qualified | ||||||
26 | examiner and it is established by the applicant to the Board's |
| |||||||
| |||||||
1 | satisfaction that: | ||||||
2 | (A) granting relief would not be contrary to the | ||||||
3 | public interest; and | ||||||
4 | (B) granting relief would not be contrary to federal | ||||||
5 | law. | ||||||
6 | (4) The Board may not grant relief if the condition is | ||||||
7 | determined by a physician, clinical psychologist, or qualified | ||||||
8 | examiner to be moderate, severe, or profound. | ||||||
9 | (5) The changes made to this Section by Public Act 99-29 | ||||||
10 | apply to requests for
relief pending on or before July 10, 2015 | ||||||
11 | (the effective date of Public Act 99-29), except that the | ||||||
12 | 60-day period for the Director to act on requests pending | ||||||
13 | before the effective date shall begin
on July 10, 2015 (the | ||||||
14 | effective date of Public Act 99-29). All appeals as provided | ||||||
15 | in subsection (a-5) , pending on January 1, 2023 , shall be | ||||||
16 | considered by the Board. | ||||||
17 | (d) When a minor is adjudicated delinquent for an offense | ||||||
18 | which if
committed by an adult would be a felony, the court | ||||||
19 | shall notify the Illinois State Police.
| ||||||
20 | (e) The court shall review the denial of an application or | ||||||
21 | the revocation of
a Firearm Owner's Identification Card of a | ||||||
22 | person who has been adjudicated
delinquent for an offense that | ||||||
23 | if
committed by an adult would be a felony if an
application | ||||||
24 | for relief has been filed at least 10 years after the | ||||||
25 | adjudication
of delinquency and the court determines that the | ||||||
26 | applicant should be
granted relief from disability to obtain a |
| |||||||
| |||||||
1 | Firearm Owner's Identification Card.
If the court grants | ||||||
2 | relief, the court shall notify the Illinois State
Police that | ||||||
3 | the disability has
been removed and that the applicant is | ||||||
4 | eligible to obtain a Firearm Owner's
Identification Card.
| ||||||
5 | (f) Any person who is subject to the disabilities of 18 | ||||||
6 | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | ||||||
7 | of 1968 because of an adjudication or commitment that occurred | ||||||
8 | under the laws of this State or who was determined to be | ||||||
9 | subject to the provisions of subsections (e), (f), or (g) of | ||||||
10 | Section 8 of this Act may apply to the Illinois State Police | ||||||
11 | requesting relief from that prohibition. The Board shall grant | ||||||
12 | the relief if it is established by a preponderance of the | ||||||
13 | evidence that the person will not be likely to act in a manner | ||||||
14 | dangerous to public safety and that granting relief would not | ||||||
15 | be contrary to the public interest. In making this | ||||||
16 | determination, the Board shall receive evidence concerning (i) | ||||||
17 | the circumstances regarding the firearms disabilities from | ||||||
18 | which relief is sought; (ii) the petitioner's mental health | ||||||
19 | and criminal history records, if any; (iii) the petitioner's | ||||||
20 | reputation, developed at a minimum through character witness | ||||||
21 | statements, testimony, or other character evidence; and (iv) | ||||||
22 | changes in the petitioner's condition or circumstances since | ||||||
23 | the disqualifying events relevant to the relief sought. If | ||||||
24 | relief is granted under this subsection or by order of a court | ||||||
25 | under this Section, the Director shall as soon as practicable | ||||||
26 | but in no case later than 15 business days, update, correct, |
| |||||||
| |||||||
1 | modify, or remove the person's record in any database that the | ||||||
2 | Illinois State Police makes available to the National Instant | ||||||
3 | Criminal Background Check System and notify the United States | ||||||
4 | Attorney General that the basis for the record being made | ||||||
5 | available no longer applies. The Illinois State Police shall | ||||||
6 | adopt rules for the administration of this Section. | ||||||
7 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
8 | 102-645, eff. 1-1-22; revised 10-15-21.)
| ||||||
9 | (430 ILCS 65/11) (from Ch. 38, par. 83-11)
| ||||||
10 | Sec. 11. Judicial review of final administrative | ||||||
11 | decisions. | ||||||
12 | (a) All final administrative decisions of the Firearm | ||||||
13 | Owner's Identification Card Review Board under this
Act, | ||||||
14 | except final administrative decisions of the Firearm Owner's | ||||||
15 | Identification Card Review Board the Illinois to deny a | ||||||
16 | person's application for relief under subsection (f) of | ||||||
17 | Section 10 of this Act, shall be subject to judicial review | ||||||
18 | under the provisions of the Administrative
Review Law, and all | ||||||
19 | amendments and
modifications thereof, and the rules adopted | ||||||
20 | pursuant thereto. The term
"administrative decision" is | ||||||
21 | defined as in Section 3-101 of the Code of
Civil Procedure.
| ||||||
22 | (b) Any final administrative decision by the Firearm | ||||||
23 | Owner's Identification Card Review Board the Illinois to deny | ||||||
24 | a person's application for relief under subsection (f) of | ||||||
25 | Section 10 of this Act is subject to de novo judicial review by |
| |||||||
| |||||||
1 | the circuit court, and any party may offer evidence that is | ||||||
2 | otherwise proper and admissible without regard to whether that | ||||||
3 | evidence is part of the administrative record. | ||||||
4 | (c) The Firearm Owner's Identification Card Review Board | ||||||
5 | the Illinois shall submit a report to the General
Assembly on | ||||||
6 | March 1 of each year, beginning March 1, 1991, listing all
| ||||||
7 | final decisions by a court of this State upholding, reversing, | ||||||
8 | or
reversing in part any administrative decision made by the | ||||||
9 | Illinois State Police.
| ||||||
10 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
11 | revised 11-2-21.)
| ||||||
12 | (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
| ||||||
13 | Sec. 13.2. Renewal; name, photograph, or address change; | ||||||
14 | replacement card. The Illinois State Police shall, 180 days
| ||||||
15 | prior to the expiration of a Firearm Owner's Identification | ||||||
16 | Card,
forward by first class mail or by other means provided in | ||||||
17 | Section 7.5 to each person whose card is to expire a
| ||||||
18 | notification of the
expiration of the card and instructions | ||||||
19 | for renewal.
It is the obligation of the holder of a Firearm | ||||||
20 | Owner's Identification Card
to notify the Illinois State | ||||||
21 | Police of any address change since the
issuance of
the Firearm | ||||||
22 | Owner's Identification Card. The Illinois State Police may | ||||||
23 | update the applicant and card holder's holders address based | ||||||
24 | upon records in the Secretary of State Driver's License or | ||||||
25 | Illinois identification card records of applicants who do not |
| |||||||
| |||||||
1 | have driver's licenses. Any person whose legal name has | ||||||
2 | changed from the name on the card that he or she has been | ||||||
3 | previously issued must apply for a corrected card within 30 | ||||||
4 | calendar days after the change. The cost for an updated or | ||||||
5 | corrected card shall be $5. The cost for replacement of a card | ||||||
6 | which has been lost, destroyed, or stolen shall be $5 if the | ||||||
7 | loss, destruction, or theft of the card is reported to the | ||||||
8 | Illinois State Police. The fees collected under this Section | ||||||
9 | shall be deposited into the State Police Firearm Services | ||||||
10 | Fund.
| ||||||
11 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
12 | revised 10-12-21.)
| ||||||
13 | Section 560. The Firearm Concealed Carry Act is amended by | ||||||
14 | changing Sections 10, 20, 30, 50, 55, and 70 as follows: | ||||||
15 | (430 ILCS 66/10)
| ||||||
16 | Sec. 10. Issuance of licenses to carry a concealed | ||||||
17 | firearm. | ||||||
18 | (a) The Illinois State Police shall issue a license to | ||||||
19 | carry a concealed firearm under this Act to an applicant who: | ||||||
20 | (1) meets the qualifications of Section 25 of this | ||||||
21 | Act; | ||||||
22 | (2) has provided the application and documentation | ||||||
23 | required in Section 30 of this Act; | ||||||
24 | (3) has submitted the requisite fees; and |
| |||||||
| |||||||
1 | (4) does not pose a danger to himself, herself, or | ||||||
2 | others, or a threat to public safety as determined by the | ||||||
3 | Concealed Carry Licensing Review Board in accordance with | ||||||
4 | Section 20. | ||||||
5 | (b) The Illinois State Police shall issue a renewal, | ||||||
6 | corrected, or duplicate license as provided in this Act. | ||||||
7 | (c) A license shall be valid throughout the State for a | ||||||
8 | period of 5 years from the date of issuance. A license shall | ||||||
9 | permit the licensee to: | ||||||
10 | (1) carry a loaded or unloaded concealed firearm, | ||||||
11 | fully concealed or partially concealed, on or about his or | ||||||
12 | her person; and
| ||||||
13 | (2) keep or carry a loaded or unloaded concealed | ||||||
14 | firearm on or about his or her person within a vehicle. | ||||||
15 | (d) The Illinois State Police shall make applications for | ||||||
16 | a license available no later than 180 days after July 9, 2013 | ||||||
17 | ( the effective date of this Act ) . The Illinois State Police | ||||||
18 | shall establish rules for the availability and submission of | ||||||
19 | applications in accordance with this Act. | ||||||
20 | (e) An application for a license submitted to the Illinois | ||||||
21 | State Police that contains all the information and materials | ||||||
22 | required by this Act, including the requisite fee, shall be | ||||||
23 | deemed completed. Except as otherwise provided in this Act, no | ||||||
24 | later than 90 days after receipt of a completed application, | ||||||
25 | the Illinois State Police shall issue or deny the applicant a | ||||||
26 | license. The Illinois State Police shall notify the applicant |
| |||||||
| |||||||
1 | for a concealed carry license , electronically , to confirm if | ||||||
2 | all the required information and materials have been received. | ||||||
3 | If an applicant for a concealed carry license submits his or | ||||||
4 | her application electronically, the Illinois State Police | ||||||
5 | shall notify the applicant electronically if his or her | ||||||
6 | application is missing information or materials. | ||||||
7 | (f) The Illinois State Police shall deny the applicant a | ||||||
8 | license if the applicant fails to meet the requirements under | ||||||
9 | this Act or the Illinois State Police receives a determination | ||||||
10 | from the Board that the applicant is ineligible for a license. | ||||||
11 | The Illinois State Police must notify the applicant stating | ||||||
12 | the grounds for the denial. The notice of denial must inform | ||||||
13 | the applicant of his or her right to an appeal through | ||||||
14 | administrative and judicial review. | ||||||
15 | (g) A licensee shall possess a license at all times the | ||||||
16 | licensee carries a concealed firearm except: | ||||||
17 | (1) when the licensee is carrying or possessing a | ||||||
18 | concealed firearm on his or her land or in his or her | ||||||
19 | abode, legal dwelling, or fixed place of business, or on | ||||||
20 | the land or in the legal dwelling of another person as an | ||||||
21 | invitee with that person's permission; | ||||||
22 | (2) when the person is authorized to carry a firearm | ||||||
23 | under Section 24-2 of the Criminal Code of 2012, except | ||||||
24 | subsection (a-5) of that Section; or | ||||||
25 | (3) when the handgun is broken down in a | ||||||
26 | non-functioning state, is not immediately accessible, or |
| |||||||
| |||||||
1 | is unloaded and enclosed in a case. | ||||||
2 | (h) If an officer of a law enforcement agency initiates an | ||||||
3 | investigative stop, including , but not limited to , a traffic | ||||||
4 | stop, of a licensee or a non-resident carrying a concealed | ||||||
5 | firearm under subsection (e) of
Section 40 of this Act, upon | ||||||
6 | the request of the officer the licensee or non-resident shall | ||||||
7 | disclose to the officer that he or she is in possession of a | ||||||
8 | concealed firearm under this Act, or present the license upon | ||||||
9 | the request of the officer if he or she is a licensee or | ||||||
10 | present upon the request of the officer evidence
under | ||||||
11 | paragraph (2) of subsection (e) of Section 40 of this Act that | ||||||
12 | he or she is a non-resident qualified to carry
under that | ||||||
13 | subsection. The disclosure requirement under this subsection | ||||||
14 | (h) is satisfied if the licensee presents his or her license to | ||||||
15 | the officer or the non-resident presents to the officer | ||||||
16 | evidence under paragraph (2) of subsection (e) of Section 40 | ||||||
17 | of this Act that he or she is qualified to carry under that | ||||||
18 | subsection. Upon the request of the officer, the licensee or | ||||||
19 | non-resident shall also identify the location of the concealed | ||||||
20 | firearm and permit the officer to safely secure the firearm | ||||||
21 | for the duration of the investigative stop. During a traffic | ||||||
22 | stop, any
passenger within the vehicle who is a licensee or a | ||||||
23 | non-resident carrying under subsection (e) of
Section 40 of | ||||||
24 | this Act must comply with the requirements of this subsection | ||||||
25 | (h). | ||||||
26 | (h-1) If a licensee carrying a firearm or a non-resident |
| |||||||
| |||||||
1 | carrying a firearm in a vehicle under subsection (e) of | ||||||
2 | Section 40 of this Act is contacted by a law enforcement | ||||||
3 | officer or emergency
services personnel, the law enforcement | ||||||
4 | officer or emergency services personnel may secure the firearm
| ||||||
5 | or direct that it be secured during the duration of the contact | ||||||
6 | if the law enforcement officer or emergency
services personnel | ||||||
7 | determines that it is necessary for the safety of any person
| ||||||
8 | present, including the law enforcement officer or emergency | ||||||
9 | services personnel. The licensee or nonresident
shall submit | ||||||
10 | to the order to secure the firearm. When the law enforcement | ||||||
11 | officer or emergency services
personnel have determined that | ||||||
12 | the licensee or non-resident is not a threat to
the safety of | ||||||
13 | any person present, including the law enforcement officer or | ||||||
14 | emergency services personnel, and
if the licensee or | ||||||
15 | non-resident is physically and mentally capable of
possessing | ||||||
16 | the firearm, the law enforcement officer or emergency services | ||||||
17 | personnel shall return the
firearm to the licensee or | ||||||
18 | non-resident before releasing him or her from the
scene and | ||||||
19 | breaking contact. If the licensee or non-resident is | ||||||
20 | transported for
treatment to another location, the firearm | ||||||
21 | shall be turned over to any peace
officer. The peace officer | ||||||
22 | shall provide a receipt which includes the make,
model, | ||||||
23 | caliber, and serial number of the firearm. | ||||||
24 | (i) The Illinois State Police shall maintain a database of | ||||||
25 | license applicants and licensees. The database shall be | ||||||
26 | available to all federal, State, and local law enforcement |
| |||||||
| |||||||
1 | agencies, State's Attorneys, the Attorney General, and | ||||||
2 | authorized court personnel. Within 180 days after July 9, 2013 | ||||||
3 | ( the effective date of this Act ) , the database shall be | ||||||
4 | searchable and provide all information included in the | ||||||
5 | application, including the applicant's previous addresses | ||||||
6 | within the 10 years prior to the license application and any | ||||||
7 | information related to violations of this Act. No law | ||||||
8 | enforcement agency, State's Attorney, Attorney General, or | ||||||
9 | member or staff of the judiciary shall provide any information | ||||||
10 | to a requester who is not entitled to it by law. | ||||||
11 | (j) No later than 10 days after receipt of a completed | ||||||
12 | application, the Illinois State Police shall enter the | ||||||
13 | relevant information about the applicant into the database | ||||||
14 | under subsection (i) of this Section which is accessible by | ||||||
15 | law enforcement agencies.
| ||||||
16 | (k) The Illinois State Police shall continuously monitor | ||||||
17 | relevant State and federal databases for firearms prohibitors | ||||||
18 | and correlate those records with concealed carry license | ||||||
19 | holders to ensure compliance with this Act, or State and | ||||||
20 | federal law. The Illinois State Police may adopt rules to | ||||||
21 | implement this subsection. | ||||||
22 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
23 | revised 10-13-21.) | ||||||
24 | (430 ILCS 66/20)
| ||||||
25 | Sec. 20. Concealed Carry Licensing Review Board. |
| |||||||
| |||||||
1 | (a) There is hereby created within the Illinois State | ||||||
2 | Police a Concealed Carry Licensing Review Board to consider | ||||||
3 | any objection to an applicant's eligibility to obtain a | ||||||
4 | license under this Act submitted by a law enforcement agency | ||||||
5 | or the Illinois State Police under Section 15 of this Act. The | ||||||
6 | Board shall consist of 7 commissioners to be appointed by the | ||||||
7 | Governor, with the advice and consent of the Senate, with 3 | ||||||
8 | commissioners residing within the First Judicial District and | ||||||
9 | one commissioner residing within each of the 4 remaining | ||||||
10 | Judicial Districts. No more than 4 commissioners shall be | ||||||
11 | members of the same political party. The Governor shall | ||||||
12 | designate one commissioner as the Chairperson. The Board shall | ||||||
13 | consist of: | ||||||
14 | (1) one commissioner with at least 5 years of service | ||||||
15 | as a federal judge; | ||||||
16 | (2) 2 commissioners with at least 5 years of | ||||||
17 | experience serving as an attorney with the United States | ||||||
18 | Department of Justice; | ||||||
19 | (3) 3 commissioners with at least 5 years of | ||||||
20 | experience as a federal agent or employee with | ||||||
21 | investigative experience or duties related to criminal | ||||||
22 | justice under the United States Department of Justice, | ||||||
23 | Drug Enforcement Administration, Department of Homeland | ||||||
24 | Security, or Federal Bureau of Investigation; and | ||||||
25 | (4) one member with at least 5 years of experience as a | ||||||
26 | licensed physician or clinical psychologist with expertise |
| |||||||
| |||||||
1 | in the diagnosis and treatment of mental illness. | ||||||
2 | (b) The initial terms of the commissioners shall end on | ||||||
3 | January 12, 2015. Notwithstanding any provision in this | ||||||
4 | Section to the contrary, the term
of office of each | ||||||
5 | commissioner of the Concealed Carry Licensing Review Board is | ||||||
6 | abolished on January 1, 2022 ( the effective date of Public Act | ||||||
7 | 102-237) this amendatory Act of the 102nd General Assembly . | ||||||
8 | The terms of the commissioners appointed on or after January | ||||||
9 | 1, 2022 ( the effective date of Public Act 102-237) this | ||||||
10 | amendatory Act of the 102nd General Assembly shall be as | ||||||
11 | follows: one of
the initial members shall be appointed for a | ||||||
12 | term of one year, 3 shall be
appointed for terms of 2 years, | ||||||
13 | and 3 shall be appointed for terms of 4 years. Thereafter, the | ||||||
14 | commissioners shall hold office for 4 years, with terms | ||||||
15 | expiring on the second Monday in January of the fourth year. | ||||||
16 | Commissioners may be reappointed. Vacancies in the office of | ||||||
17 | commissioner shall be filled in the same manner as the | ||||||
18 | original appointment, for the remainder of the unexpired term. | ||||||
19 | The Governor may remove a commissioner for incompetence, | ||||||
20 | neglect of duty, malfeasance, or inability to serve. | ||||||
21 | Commissioners shall receive compensation in an amount equal to | ||||||
22 | the compensation of members of the Executive Ethics Commission | ||||||
23 | and may be reimbursed for reasonable expenses actually | ||||||
24 | incurred in the performance of their Board duties, from funds | ||||||
25 | appropriated for that purpose. | ||||||
26 | (c) The Board shall meet at the call of the chairperson as |
| |||||||
| |||||||
1 | often as necessary to consider objections to applications for | ||||||
2 | a license under this Act. If necessary to ensure the | ||||||
3 | participation of a commissioner, the Board shall allow a | ||||||
4 | commissioner to participate in a Board meeting by electronic | ||||||
5 | communication. Any commissioner participating electronically | ||||||
6 | shall be deemed present for purposes of establishing a quorum | ||||||
7 | and voting. | ||||||
8 | (d) The Board shall adopt rules for the review of | ||||||
9 | objections and the conduct of hearings. The Board shall | ||||||
10 | maintain a record of its decisions and all materials | ||||||
11 | considered in making its decisions. All Board decisions and | ||||||
12 | voting records shall be kept confidential and all materials | ||||||
13 | considered by the Board shall be exempt from inspection except | ||||||
14 | upon order of a court. | ||||||
15 | (e) In considering an objection of a law enforcement | ||||||
16 | agency or the Illinois State Police, the Board shall review | ||||||
17 | the materials received with the objection from the law | ||||||
18 | enforcement agency or the Illinois State Police. By a vote of | ||||||
19 | at least 4 commissioners, the Board may request additional | ||||||
20 | information from the law enforcement agency, Illinois State | ||||||
21 | Police, or the applicant, or the testimony of the law | ||||||
22 | enforcement agency, Illinois State Police, or the applicant. | ||||||
23 | The Board may require that the applicant submit electronic | ||||||
24 | fingerprints to the Illinois State Police for an updated | ||||||
25 | background check where the Board determines it lacks | ||||||
26 | sufficient information to determine eligibility. The Board may |
| |||||||
| |||||||
1 | only consider information submitted by the Illinois State | ||||||
2 | Police, a law enforcement agency, or the applicant. The Board | ||||||
3 | shall review each objection and determine by a majority of | ||||||
4 | commissioners whether an applicant is eligible for a license. | ||||||
5 | (f) The Board shall issue a decision within 30 days of | ||||||
6 | receipt of the objection from the Illinois State Police. | ||||||
7 | However, the Board need not issue a decision within 30 days if: | ||||||
8 | (1) the Board requests information from the applicant, | ||||||
9 | including but not limited to electronic fingerprints to be | ||||||
10 | submitted to the Illinois State Police, in accordance with | ||||||
11 | subsection (e) of this Section, in which case the Board | ||||||
12 | shall make a decision within 30 days of receipt of the | ||||||
13 | required information from the applicant; | ||||||
14 | (2) the applicant agrees, in writing, to allow the | ||||||
15 | Board additional time to consider an objection; or | ||||||
16 | (3) the Board notifies the applicant and the Illinois | ||||||
17 | State Police that the Board needs an additional 30 days to | ||||||
18 | issue a decision. | ||||||
19 | (g) If the Board determines by a preponderance of the | ||||||
20 | evidence that the applicant poses a danger to himself or | ||||||
21 | herself or others, or is a threat to public safety, then the | ||||||
22 | Board shall affirm the objection of the law enforcement agency | ||||||
23 | or the Illinois State Police and shall notify the Illinois | ||||||
24 | State Police that the applicant is ineligible for a license. | ||||||
25 | If the Board does not determine by a preponderance of the | ||||||
26 | evidence that the applicant poses a danger to himself or |
| |||||||
| |||||||
1 | herself or others, or is a threat to public safety, then the | ||||||
2 | Board shall notify the Illinois State Police that the | ||||||
3 | applicant is eligible for a license. | ||||||
4 | (h) Meetings of the Board shall not be subject to the Open | ||||||
5 | Meetings Act and records of the Board shall not be subject to | ||||||
6 | the Freedom of Information Act. | ||||||
7 | (i) The Board shall report monthly to the Governor and the | ||||||
8 | General Assembly on the number of objections received and | ||||||
9 | provide details of the circumstances in which the Board has | ||||||
10 | determined to deny licensure based on law enforcement or | ||||||
11 | Illinois State Police objections under Section 15 of this Act. | ||||||
12 | The report shall not contain any identifying information about | ||||||
13 | the applicants.
| ||||||
14 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
15 | revised 10-12-21.) | ||||||
16 | (430 ILCS 66/30)
| ||||||
17 | Sec. 30. Contents of license application. | ||||||
18 | (a) The license application shall be in writing, under | ||||||
19 | penalty of perjury, on a standard form adopted by the Illinois | ||||||
20 | State Police and shall be accompanied by the documentation | ||||||
21 | required in this Section and the applicable fee. Each | ||||||
22 | application form shall include the following statement printed | ||||||
23 | in bold type: "Warning: Entering false information on this | ||||||
24 | form is punishable as perjury under Section 32-2 of the | ||||||
25 | Criminal Code of 2012." |
| |||||||
| |||||||
1 | (b) The application shall contain the following: | ||||||
2 | (1) the applicant's name, current address, date and | ||||||
3 | year of birth, place of birth, height, weight, hair color, | ||||||
4 | eye color, maiden name or any other name the applicant has | ||||||
5 | used or identified with, and any address where the | ||||||
6 | applicant resided for more than 30 days within the 10 | ||||||
7 | years preceding the date of the license application; | ||||||
8 | (2) the applicant's valid driver's license number or | ||||||
9 | valid state identification card number; | ||||||
10 | (3) a waiver of the applicant's privacy and | ||||||
11 | confidentiality rights and privileges under all federal | ||||||
12 | and state laws, including those limiting access to | ||||||
13 | juvenile court, criminal justice, psychological, or | ||||||
14 | psychiatric records or records relating to any | ||||||
15 | institutionalization of the applicant, and an affirmative | ||||||
16 | request that a person having custody of any of these | ||||||
17 | records provide it or information concerning it to the | ||||||
18 | Illinois State Police. The waiver only applies to records | ||||||
19 | sought in connection with determining whether the | ||||||
20 | applicant qualifies for a license to carry a concealed | ||||||
21 | firearm under this Act, or whether the applicant remains | ||||||
22 | in compliance with the Firearm Owners Identification Card | ||||||
23 | Act; | ||||||
24 | (4) an affirmation that the applicant possesses a | ||||||
25 | currently valid Firearm Owner's Identification Card and | ||||||
26 | card number if possessed or notice the applicant is |
| |||||||
| |||||||
1 | applying for a Firearm Owner's Identification Card in | ||||||
2 | conjunction with the license application; | ||||||
3 | (5) an affirmation that the applicant has not been | ||||||
4 | convicted or found guilty of: | ||||||
5 | (A) a felony; | ||||||
6 | (B) a misdemeanor involving the use or threat of | ||||||
7 | physical force or violence to any person within the 5 | ||||||
8 | years preceding the date of the application; or | ||||||
9 | (C) 2 or more violations related to driving while | ||||||
10 | under the influence of alcohol, other drug or drugs, | ||||||
11 | intoxicating compound or compounds, or any combination | ||||||
12 | thereof, within the 5 years preceding the date of the | ||||||
13 | license application; and | ||||||
14 | (6) whether the applicant has failed a drug test for a | ||||||
15 | drug for which the applicant did not have a prescription, | ||||||
16 | within the previous year, and if so, the provider of the | ||||||
17 | test, the specific substance involved, and the date of the | ||||||
18 | test; | ||||||
19 | (7) written consent for the Illinois State Police to | ||||||
20 | review and use the applicant's Illinois digital driver's | ||||||
21 | license or Illinois identification card photograph and | ||||||
22 | signature; | ||||||
23 | (8) unless submitted under subsection (a-25) of | ||||||
24 | Section 4 of the Firearm Owners Identification Card Act, a | ||||||
25 | full set of fingerprints submitted to the Illinois State | ||||||
26 | Police in electronic format, provided the Illinois State |
| |||||||
| |||||||
1 | Police may accept an application submitted without a set | ||||||
2 | of fingerprints , in which case the Illinois State Police | ||||||
3 | shall be granted 30 days in addition to the 90 days | ||||||
4 | provided under subsection (e) of Section 10 of this Act to | ||||||
5 | issue or deny a license; | ||||||
6 | (9) a head and shoulder color photograph in a size | ||||||
7 | specified by the Illinois State Police taken within the 30 | ||||||
8 | days preceding the date of the license application; and | ||||||
9 | (10) a photocopy of any certificates or other evidence | ||||||
10 | of compliance with the training requirements under this | ||||||
11 | Act.
| ||||||
12 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
13 | revised 10-12-21.) | ||||||
14 | (430 ILCS 66/50)
| ||||||
15 | Sec. 50. License renewal. | ||||||
16 | (a) This subsection (a) applies through the 180th day | ||||||
17 | following July 12, 2019 ( the effective date of Public Act | ||||||
18 | 101-80) this amendatory Act of the 101st General Assembly . The | ||||||
19 | Illinois State Police shall, 180 days prior to the expiration | ||||||
20 | of a concealed carry license , notify each person whose license | ||||||
21 | is to expire a notification of the expiration of the license | ||||||
22 | and instructions for renewal. Applications for renewal of a | ||||||
23 | license shall be made to the Illinois State Police. A license | ||||||
24 | shall be renewed for a period of 5 years upon receipt of a | ||||||
25 | completed renewal application, completion of 3 hours of |
| |||||||
| |||||||
1 | training required under Section 75 of this Act, payment of the | ||||||
2 | applicable renewal fee, and completion of an investigation | ||||||
3 | under Section 35 of this Act. The renewal application shall | ||||||
4 | contain the information required in Section 30 of this Act, | ||||||
5 | except that the applicant need not resubmit a full set of | ||||||
6 | fingerprints. | ||||||
7 | (b) This subsection (b) applies on and after the 181st day | ||||||
8 | following July 12, 2019 ( the effective date of Public Act | ||||||
9 | 101-80) this amendatory Act of the 101st General Assembly . | ||||||
10 | Applications for renewal of a license shall be made to the | ||||||
11 | Illinois State Police. A license shall be renewed for a period | ||||||
12 | of 5 years from the date of expiration on the applicant's | ||||||
13 | current license upon the receipt of a completed renewal | ||||||
14 | application, completion of 3 hours of training required under | ||||||
15 | Section 75 of this Act, payment of the applicable renewal fee, | ||||||
16 | and completion of an investigation under Section 35 of this | ||||||
17 | Act. The renewal application shall contain the information | ||||||
18 | required in Section 30 of this Act, except that the applicant | ||||||
19 | need not resubmit a full set of fingerprints.
| ||||||
20 | (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
21 | 102-538, eff. 8-20-21; revised 10-15-21.) | ||||||
22 | (430 ILCS 66/55)
| ||||||
23 | Sec. 55. Change of address or name; lost, destroyed, or | ||||||
24 | stolen licenses. | ||||||
25 | (a) A licensee shall notify the Illinois State Police |
| |||||||
| |||||||
1 | within 30 days of moving or changing residence or any change of | ||||||
2 | name. The licensee shall submit the requisite fee and the | ||||||
3 | Illinois State Police may require a notarized statement that | ||||||
4 | the licensee has
changed his or her residence or his or her | ||||||
5 | name, including the prior and current address or name and the | ||||||
6 | date the applicant moved or changed his or her name. | ||||||
7 | (b) A licensee shall notify the Illinois State Police | ||||||
8 | within 10 days of discovering that a license has been lost, | ||||||
9 | destroyed, or stolen. A lost, destroyed, or stolen license is | ||||||
10 | invalid. To request a replacement license, the licensee shall | ||||||
11 | submit: | ||||||
12 | (1) a written or electronic acknowledgment that the | ||||||
13 | licensee no longer possesses the license, and that it was | ||||||
14 | lost, destroyed, or stolen; | ||||||
15 | (2) if applicable, a copy of a police report stating | ||||||
16 | that the license was stolen; and | ||||||
17 | (3) the requisite fee. | ||||||
18 | (c) A violation of this Section is a petty offense with a | ||||||
19 | fine of $150 which shall be deposited into the Mental Health | ||||||
20 | Reporting Fund.
| ||||||
21 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
22 | revised 10-15-21.) | ||||||
23 | (430 ILCS 66/70) | ||||||
24 | Sec. 70. Violations. | ||||||
25 | (a) A license issued or renewed under this Act shall be |
| |||||||
| |||||||
1 | revoked if, at any time, the licensee is found to be ineligible | ||||||
2 | for a license under this Act or the licensee no longer meets | ||||||
3 | the eligibility requirements of the Firearm Owners | ||||||
4 | Identification Card Act. | ||||||
5 | (b) A license shall be suspended if an order of | ||||||
6 | protection, including an emergency order of protection, | ||||||
7 | plenary order of protection, or interim order of protection | ||||||
8 | under Article 112A of the Code of Criminal Procedure of 1963 or | ||||||
9 | under the Illinois Domestic Violence Act of 1986, or if a | ||||||
10 | firearms restraining order, including an emergency firearms | ||||||
11 | restraining order, under the Firearms Restraining Order Act, | ||||||
12 | is issued against a licensee for the duration of the order, or | ||||||
13 | if the Illinois State Police is made aware of a similar order | ||||||
14 | issued against the licensee in any other jurisdiction. If an | ||||||
15 | order of protection is issued against a licensee, the licensee | ||||||
16 | shall surrender the license, as applicable, to the court at | ||||||
17 | the time the order is entered or to the law enforcement agency | ||||||
18 | or entity serving process at the time the licensee is served | ||||||
19 | the order. The court, law enforcement agency, or entity | ||||||
20 | responsible for serving the order of protection shall notify | ||||||
21 | the Illinois State Police within 7 days and transmit the | ||||||
22 | license to the Illinois State Police. | ||||||
23 | (c) A license is invalid upon expiration of the license, | ||||||
24 | unless the licensee has submitted an application to renew the | ||||||
25 | license, and the applicant is otherwise eligible to possess a | ||||||
26 | license under this Act. |
| |||||||
| |||||||
1 | (d) A licensee shall not carry a concealed firearm while | ||||||
2 | under the influence of alcohol, other drug or drugs, | ||||||
3 | intoxicating compound or combination of compounds, or any | ||||||
4 | combination thereof, under the standards set forth in | ||||||
5 | subsection (a) of Section 11-501 of the Illinois Vehicle Code. | ||||||
6 | A licensee in violation of this subsection (d) shall be | ||||||
7 | guilty of a Class A misdemeanor for a first or second violation | ||||||
8 | and a Class 4 felony for a third violation. The Illinois State | ||||||
9 | Police may suspend a license for up to 6 months for a second | ||||||
10 | violation and shall permanently revoke a license for a third | ||||||
11 | violation. | ||||||
12 | (e) Except as otherwise provided, a licensee in violation | ||||||
13 | of this Act shall be guilty of a Class B misdemeanor. A second | ||||||
14 | or subsequent violation is a Class A misdemeanor. The Illinois | ||||||
15 | State Police may suspend a license for up to 6 months for a | ||||||
16 | second violation and shall permanently revoke a license for 3 | ||||||
17 | or more violations of Section 65 of this Act. Any person | ||||||
18 | convicted of a violation under this Section shall pay a $150 | ||||||
19 | fee to be deposited into the Mental Health Reporting Fund, | ||||||
20 | plus any applicable court costs or fees. | ||||||
21 | (f) A licensee convicted or found guilty of a violation of | ||||||
22 | this Act who has a valid license and is otherwise eligible to | ||||||
23 | carry a concealed firearm shall only be subject to the | ||||||
24 | penalties under this Section and shall not be subject to the | ||||||
25 | penalties under Section 21-6, paragraph (4), (8), or (10) of | ||||||
26 | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) |
| |||||||
| |||||||
1 | of paragraph (3) of subsection (a) of Section 24-1.6 of the | ||||||
2 | Criminal Code of 2012. Except as otherwise provided in this | ||||||
3 | subsection, nothing in this subsection prohibits the licensee | ||||||
4 | from being subjected to penalties for violations other than | ||||||
5 | those specified in this Act. | ||||||
6 | (g) A licensee whose license is revoked, suspended, or | ||||||
7 | denied shall, within 48 hours of receiving notice of the | ||||||
8 | revocation, suspension, or denial, surrender his or her | ||||||
9 | concealed carry license to the local law enforcement agency | ||||||
10 | where the person resides. The local law enforcement agency | ||||||
11 | shall provide the licensee a receipt and transmit the | ||||||
12 | concealed carry license to the Illinois State Police. If the | ||||||
13 | licensee whose concealed carry license has been revoked, | ||||||
14 | suspended, or denied fails to comply with the requirements of | ||||||
15 | this subsection, the law enforcement agency where the person | ||||||
16 | resides may petition the circuit court to issue a warrant to | ||||||
17 | search for and seize the concealed carry license in the | ||||||
18 | possession and under the custody or control of the licensee | ||||||
19 | whose concealed carry license has been revoked, suspended, or | ||||||
20 | denied. The observation of a concealed carry license in the | ||||||
21 | possession of a person whose license has been revoked, | ||||||
22 | suspended, or denied constitutes a sufficient basis for the | ||||||
23 | arrest of that person for violation of this subsection. A | ||||||
24 | violation of this subsection is a Class A misdemeanor. | ||||||
25 | (h) Except as otherwise provided in subsection (h-5), a | ||||||
26 | license issued or renewed under this Act shall be revoked if, |
| |||||||
| |||||||
1 | at any time, the licensee is found ineligible for a Firearm | ||||||
2 | Owner's Identification Card, or the licensee no longer | ||||||
3 | possesses a valid Firearm Owner's Identification Card. If the | ||||||
4 | Firearm Owner's Identification Card is expired or suspended | ||||||
5 | rather than denied or revoked, the license may be suspended | ||||||
6 | for a period of up to one year to allow the licensee to | ||||||
7 | reinstate his or her Firearm Owner's Identification Card. The | ||||||
8 | Illinois State Police shall adopt rules to enforce this | ||||||
9 | subsection. A licensee whose license is revoked under this | ||||||
10 | subsection (h) shall surrender his or her concealed carry | ||||||
11 | license as provided for in subsection (g) of this Section. | ||||||
12 | This subsection shall not apply to a person who has filed | ||||||
13 | an application with the Illinois State Police for renewal of a | ||||||
14 | Firearm
Owner's Identification Card and who is not otherwise | ||||||
15 | ineligible to obtain a Firearm Owner's Identification Card.
| ||||||
16 | (h-5) If the Firearm Owner's Identification Card of a
| ||||||
17 | licensee under this Act expires during the term of the license
| ||||||
18 | issued under this Act, the license and the Firearm Owner's
| ||||||
19 | Identification Card remain valid, and the Illinois State | ||||||
20 | Police
may automatically renew the licensee's Firearm Owner's
| ||||||
21 | Identification Card as provided in subsection (c) of Section 5
| ||||||
22 | of the Firearm Owners Identification Card Act. | ||||||
23 | (i) A certified firearms instructor who knowingly provides | ||||||
24 | or offers to provide a false certification that an applicant | ||||||
25 | has completed firearms training as required under this Act is | ||||||
26 | guilty of a Class A misdemeanor. A person guilty of a violation |
| |||||||
| |||||||
1 | of this subsection (i) is not eligible for court supervision. | ||||||
2 | The Illinois State Police shall permanently revoke the | ||||||
3 | firearms instructor certification of a person convicted under | ||||||
4 | this subsection (i). | ||||||
5 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
6 | revised 10-15-21.) | ||||||
7 | Section 565. The Firearms Restraining Order Act is amended | ||||||
8 | by changing Sections 35 and 40 as follows:
| ||||||
9 | (430 ILCS 67/35)
| ||||||
10 | (Text of Section before amendment by P.A. 102-345 ) | ||||||
11 | Sec. 35. Ex parte orders and emergency hearings.
| ||||||
12 | (a) A petitioner may request an emergency firearms | ||||||
13 | restraining order by filing an affidavit or verified pleading | ||||||
14 | alleging that the respondent poses an immediate and present | ||||||
15 | danger of causing personal injury to himself, herself, or | ||||||
16 | another by having in his or her custody or control, | ||||||
17 | purchasing, possessing, or receiving a firearm. The petition | ||||||
18 | shall also describe the type and location of any firearm or | ||||||
19 | firearms presently believed by the petitioner to be possessed | ||||||
20 | or controlled by the respondent.
| ||||||
21 | (b) If the respondent is alleged to pose an immediate and | ||||||
22 | present danger of causing personal injury to an intimate | ||||||
23 | partner, or an intimate partner is alleged to have been the | ||||||
24 | target of a threat or act of violence by the respondent, the |
| |||||||
| |||||||
1 | petitioner shall make a good faith effort to provide notice to | ||||||
2 | any and all intimate partners of the respondent. The notice | ||||||
3 | must include that the petitioner intends to petition the court | ||||||
4 | for an emergency firearms restraining order, and, if the | ||||||
5 | petitioner is a law enforcement officer, referral to relevant | ||||||
6 | domestic violence or stalking advocacy or counseling | ||||||
7 | resources, if appropriate. The petitioner shall attest to | ||||||
8 | having provided the notice in the filed affidavit or verified | ||||||
9 | pleading. If, after making a good faith effort, the petitioner | ||||||
10 | is unable to provide notice to any or all intimate partners, | ||||||
11 | the affidavit or verified pleading should describe what | ||||||
12 | efforts were made. | ||||||
13 | (c) Every person who files a petition for an emergency | ||||||
14 | firearms restraining order, knowing the information provided | ||||||
15 | to the court at any hearing or in the affidavit or verified | ||||||
16 | pleading to be false, is guilty of perjury under Section 32-2 | ||||||
17 | of the Criminal Code of 2012.
| ||||||
18 | (d) An emergency firearms restraining order shall be | ||||||
19 | issued on an ex parte basis, that is, without notice to the | ||||||
20 | respondent.
| ||||||
21 | (e) An emergency hearing held on an ex parte basis shall be | ||||||
22 | held the same day that the petition is filed or the next day | ||||||
23 | that the court is in session.
| ||||||
24 | (f) If a circuit or associate judge finds probable cause | ||||||
25 | to believe that the respondent poses an immediate and present | ||||||
26 | danger of causing personal injury to himself, herself, or |
| |||||||
| |||||||
1 | another by having in his or her custody or control, | ||||||
2 | purchasing, possessing, or receiving a firearm, the circuit or | ||||||
3 | associate judge shall issue an emergency order.
| ||||||
4 | (f-5) If the court issues an emergency firearms | ||||||
5 | restraining order, it shall, upon a finding of probable cause | ||||||
6 | that the respondent possesses firearms, issue a search warrant | ||||||
7 | directing a law enforcement agency to seize the respondent's | ||||||
8 | firearms. The court may, as part of that warrant, direct the | ||||||
9 | law enforcement agency to search the respondent's residence | ||||||
10 | and other places where the court finds there is probable cause | ||||||
11 | to believe he or she is likely to possess the firearms. | ||||||
12 | (g) An emergency firearms restraining order shall require:
| ||||||
13 | (1) the respondent to refrain from having in his or | ||||||
14 | her custody or control, purchasing, possessing, or | ||||||
15 | receiving additional firearms for the duration of the | ||||||
16 | order under Section 8.2 of the Firearm Owners | ||||||
17 | Identification Card Act;
and | ||||||
18 | (2) the respondent to comply with Section 9.5 of the | ||||||
19 | Firearm Owners Identification Card Act and subsection (g) | ||||||
20 | of Section 70 of the Firearm Concealed Carry Act Illinois . | ||||||
21 | (h) Except as otherwise provided in subsection (h-5) of | ||||||
22 | this Section, upon expiration of the period of safekeeping, if | ||||||
23 | the firearms or Firearm Owner's Identification Card and | ||||||
24 | concealed carry license cannot be returned to the respondent | ||||||
25 | because the respondent cannot be located, fails to respond to | ||||||
26 | requests to retrieve the firearms, or is not lawfully eligible |
| |||||||
| |||||||
1 | to possess a firearm, upon petition from the local law | ||||||
2 | enforcement agency, the court may order the local law | ||||||
3 | enforcement agency to destroy the firearms, use the firearms | ||||||
4 | for training purposes, or use the firearms for any other | ||||||
5 | application as deemed appropriate by the local law enforcement | ||||||
6 | agency.
| ||||||
7 | (h-5) On or before January 1, 2022, a respondent whose | ||||||
8 | Firearm Owner's Identification Card has been revoked or | ||||||
9 | suspended may petition the court, if the petitioner is present | ||||||
10 | in court or has notice of the respondent's petition, to | ||||||
11 | transfer the respondent's firearm to a person who is lawfully | ||||||
12 | able to possess the firearm if the person does not reside at | ||||||
13 | the same address as the respondent. Notice of the petition | ||||||
14 | shall be served upon the person protected by the emergency | ||||||
15 | firearms restraining order. While the order is in effect, the | ||||||
16 | transferee who receives the respondent's firearms must swear | ||||||
17 | or affirm by affidavit that he or she shall not transfer the | ||||||
18 | firearm to the respondent or to anyone residing in the same | ||||||
19 | residence as the respondent. | ||||||
20 | (h-6) If a person other than the respondent claims title | ||||||
21 | to any firearms surrendered under this Section, he or she may | ||||||
22 | petition the court, if the petitioner is present in court or | ||||||
23 | has notice of the petition, to have the firearm returned to him | ||||||
24 | or her. If the court determines that person to be the lawful | ||||||
25 | owner of the firearm, the firearm shall be returned to him or | ||||||
26 | her, provided that: |
| |||||||
| |||||||
1 | (1) the firearm is removed from the respondent's | ||||||
2 | custody, control, or possession and the lawful owner | ||||||
3 | agrees to store the firearm in a manner such that the | ||||||
4 | respondent does not have access to or control of the | ||||||
5 | firearm; and | ||||||
6 | (2) the firearm is not otherwise unlawfully possessed | ||||||
7 | by the owner. | ||||||
8 | The person petitioning for the return of his or her | ||||||
9 | firearm must swear or affirm by affidavit that he or she: (i) | ||||||
10 | is the lawful owner of the firearm; (ii) shall not transfer the | ||||||
11 | firearm to the respondent; and (iii) will store the firearm in | ||||||
12 | a manner that the respondent does not have access to or control | ||||||
13 | of the firearm. | ||||||
14 | (i) In accordance with subsection (e) of this Section, the | ||||||
15 | court shall schedule a full hearing as soon as possible, but no | ||||||
16 | longer than 14 days from the issuance of an ex parte firearms | ||||||
17 | restraining order, to determine if a 6-month firearms | ||||||
18 | restraining order shall be issued. The court may extend an ex | ||||||
19 | parte order as needed, but not to exceed 14 days, to effectuate | ||||||
20 | service of the order or if necessary to continue protection. | ||||||
21 | The court may extend the order for a greater length of time by | ||||||
22 | mutual agreement of the parties.
| ||||||
23 | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
24 | 102-538, eff. 8-20-21; revised 11-9-21.) | ||||||
25 | (Text of Section after amendment by P.A. 102-345 )
|
| |||||||
| |||||||
1 | Sec. 35. Ex parte orders and emergency hearings.
| ||||||
2 | (a) A petitioner may request an emergency firearms | ||||||
3 | restraining order by filing an affidavit or verified pleading | ||||||
4 | alleging that the respondent poses an immediate and present | ||||||
5 | danger of causing personal injury to himself, herself, or | ||||||
6 | another by having in his or her custody or control, | ||||||
7 | purchasing, possessing, or receiving a firearm, ammunition, or | ||||||
8 | firearm parts
that could be assembled to make an operable | ||||||
9 | firearm. The petition shall also describe the type and | ||||||
10 | location of any firearm or firearms, ammunition, or firearm | ||||||
11 | parts
that could be assembled to make an operable firearm | ||||||
12 | presently believed by the petitioner to be possessed or | ||||||
13 | controlled by the respondent.
| ||||||
14 | (b) If the respondent is alleged to pose an immediate and | ||||||
15 | present danger of causing personal injury to an intimate | ||||||
16 | partner, or an intimate partner is alleged to have been the | ||||||
17 | target of a threat or act of violence by the respondent, the | ||||||
18 | petitioner shall make a good faith effort to provide notice to | ||||||
19 | any and all intimate partners of the respondent. The notice | ||||||
20 | must include that the petitioner intends to petition the court | ||||||
21 | for an emergency firearms restraining order, and, if the | ||||||
22 | petitioner is a law enforcement officer, referral to relevant | ||||||
23 | domestic violence or stalking advocacy or counseling | ||||||
24 | resources, if appropriate. The petitioner shall attest to | ||||||
25 | having provided the notice in the filed affidavit or verified | ||||||
26 | pleading. If, after making a good faith effort, the petitioner |
| |||||||
| |||||||
1 | is unable to provide notice to any or all intimate partners, | ||||||
2 | the affidavit or verified pleading should describe what | ||||||
3 | efforts were made. | ||||||
4 | (c) Every person who files a petition for an emergency | ||||||
5 | firearms restraining order, knowing the information provided | ||||||
6 | to the court at any hearing or in the affidavit or verified | ||||||
7 | pleading to be false, is guilty of perjury under Section 32-2 | ||||||
8 | of the Criminal Code of 2012.
| ||||||
9 | (d) An emergency firearms restraining order shall be | ||||||
10 | issued on an ex parte basis, that is, without notice to the | ||||||
11 | respondent.
| ||||||
12 | (e) An emergency hearing held on an ex parte basis shall be | ||||||
13 | held the same day that the petition is filed or the next day | ||||||
14 | that the court is in session.
| ||||||
15 | (f) If a circuit or associate judge finds probable cause | ||||||
16 | to believe that the respondent poses an immediate and present | ||||||
17 | danger of causing personal injury to himself, herself, or | ||||||
18 | another by having in his or her custody or control, | ||||||
19 | purchasing, possessing, or receiving a firearm, ammunition, or | ||||||
20 | firearm parts
that could be assembled to make an operable | ||||||
21 | firearm, the circuit or associate judge shall issue an | ||||||
22 | emergency order.
| ||||||
23 | (f-5) If the court issues an emergency firearms | ||||||
24 | restraining order, it shall, upon a finding of probable cause | ||||||
25 | that the respondent possesses firearms, ammunition, or firearm | ||||||
26 | parts
that could be assembled to make an operable firearm, |
| |||||||
| |||||||
1 | issue a search warrant directing a law enforcement agency to | ||||||
2 | seize the respondent's firearms, ammunition, and firearm parts | ||||||
3 | that could
be assembled to make an operable firearm. The court | ||||||
4 | may, as part of that warrant, direct the law enforcement | ||||||
5 | agency to search the respondent's residence and other places | ||||||
6 | where the court finds there is probable cause to believe he or | ||||||
7 | she is likely to possess the firearms, ammunition, or firearm | ||||||
8 | parts
that could be assembled to make an operable firearm. A | ||||||
9 | return of the search warrant shall be filed by the law | ||||||
10 | enforcement agency within 4 days thereafter, setting forth the | ||||||
11 | time, date, and location that the search warrant was executed | ||||||
12 | and what items, if any, were seized. | ||||||
13 | (g) An emergency firearms restraining order shall require:
| ||||||
14 | (1) the respondent to refrain from having in his or | ||||||
15 | her custody or control, purchasing, possessing, or | ||||||
16 | receiving additional firearms, ammunition, or firearm | ||||||
17 | parts that could be assembled to make an operable firearm, | ||||||
18 | or removing firearm parts that could be assembled to make | ||||||
19 | an operable firearm for the duration of the order under | ||||||
20 | Section 8.2 of the Firearm Owners Identification Card Act;
| ||||||
21 | and | ||||||
22 | (2) the respondent to comply with Section 9.5 of the | ||||||
23 | Firearm Owners Identification Card Act and subsection (g) | ||||||
24 | of Section 70 of the Firearm Concealed Carry Act Illinois, | ||||||
25 | ammunition, and firearm parts that could
be assembled to | ||||||
26 | make an operable firearm . |
| |||||||
| |||||||
1 | (h) Except as otherwise provided in subsection (h-5) of | ||||||
2 | this Section, upon expiration of the period of safekeeping, if | ||||||
3 | the firearms, ammunition, and firearm parts that could
be | ||||||
4 | assembled to make an operable firearm or Firearm Owner's | ||||||
5 | Identification Card and concealed carry license cannot be | ||||||
6 | returned to the respondent because the respondent cannot be | ||||||
7 | located, fails to respond to requests to retrieve the | ||||||
8 | firearms, or is not lawfully eligible to possess a firearm, | ||||||
9 | ammunition, or firearm parts
that could be assembled to make | ||||||
10 | an operable firearm, upon petition from the local law | ||||||
11 | enforcement agency, the court may order the local law | ||||||
12 | enforcement agency to destroy the firearms, ammunition, and | ||||||
13 | firearm parts that could
be assembled to make an operable | ||||||
14 | firearm, use the firearms, ammunition, and firearm parts that | ||||||
15 | could
be assembled to make an operable firearm for training | ||||||
16 | purposes, or use the firearms, ammunition, and firearm parts | ||||||
17 | that could
be assembled to make an operable firearm for any | ||||||
18 | other application as deemed appropriate by the local law | ||||||
19 | enforcement agency.
| ||||||
20 | (h-5) On or before January 1, 2022, a respondent whose | ||||||
21 | Firearm Owner's Identification Card has been revoked or | ||||||
22 | suspended may petition the court, if the petitioner is present | ||||||
23 | in court or has notice of the respondent's petition, to | ||||||
24 | transfer the respondent's firearm, ammunition, and firearm | ||||||
25 | parts that could
be assembled to make an operable firearm to a | ||||||
26 | person who is lawfully able to possess the firearm, |
| |||||||
| |||||||
1 | ammunition, and firearm parts that could
be assembled to make | ||||||
2 | an operable firearm if the person does not reside at the same | ||||||
3 | address as the respondent. Notice of the petition shall be | ||||||
4 | served upon the person protected by the emergency firearms | ||||||
5 | restraining order. While the order is in effect, the | ||||||
6 | transferee who receives the respondent's firearms, ammunition, | ||||||
7 | and firearm parts that could be assembled to make an operable | ||||||
8 | firearm must swear or affirm by affidavit that he or she shall | ||||||
9 | not transfer the firearm, ammunition, and firearm parts that | ||||||
10 | could
be assembled to make an operable firearm to the | ||||||
11 | respondent or to anyone residing in the same residence as the | ||||||
12 | respondent. | ||||||
13 | (h-6) If a person other than the respondent claims title | ||||||
14 | to any firearms, ammunition, and firearm parts that could
be | ||||||
15 | assembled to make an operable firearm surrendered under this | ||||||
16 | Section, he or she may petition the court, if the petitioner is | ||||||
17 | present in court or has notice of the petition, to have the | ||||||
18 | firearm, ammunition, and firearm parts that could be assembled | ||||||
19 | to make an operable firearm returned to him or her. If the | ||||||
20 | court determines that person to be the lawful owner of the | ||||||
21 | firearm, ammunition, and firearm parts that could be assembled | ||||||
22 | to make an operable firearm, the firearm, ammunition, and | ||||||
23 | firearm parts that could
be assembled to make an operable | ||||||
24 | firearm shall be returned to him or her, provided that: | ||||||
25 | (1) the firearm,
ammunition, and firearm parts that | ||||||
26 | could be assembled to make
an operable firearm are removed |
| |||||||
| |||||||
1 | from the respondent's custody, control, or possession and | ||||||
2 | the lawful owner agrees to store the firearm, ammunition, | ||||||
3 | and firearm parts that could
be assembled to make an | ||||||
4 | operable firearm in a manner such that the respondent does | ||||||
5 | not have access to or control of the firearm, ammunition, | ||||||
6 | and firearm parts that could
be assembled to make an | ||||||
7 | operable firearm; and | ||||||
8 | (2) the firearm,
ammunition, and firearm parts that | ||||||
9 | could be assembled to make
an operable firearm are not | ||||||
10 | otherwise unlawfully possessed by the owner. | ||||||
11 | The person petitioning for the return of his or her | ||||||
12 | firearm, ammunition, and firearm parts that could
be assembled | ||||||
13 | to make an operable firearm must swear or affirm by affidavit | ||||||
14 | that he or she: (i) is the lawful owner of the firearm, | ||||||
15 | ammunition, and firearm parts that could be assembled to make | ||||||
16 | an operable firearm; (ii) shall not transfer the firearm, | ||||||
17 | ammunition, and firearm parts that could
be assembled to make | ||||||
18 | an operable firearm to the respondent; and (iii) will store | ||||||
19 | the firearm, ammunition, and firearm parts that could be | ||||||
20 | assembled to make an operable firearm in a manner that the | ||||||
21 | respondent does not have access to or control of the firearm, | ||||||
22 | ammunition, and firearm parts that could
be assembled to make | ||||||
23 | an operable firearm. | ||||||
24 | (i) In accordance with subsection (e) of this Section, the | ||||||
25 | court shall schedule a full hearing as soon as possible, but no | ||||||
26 | longer than 14 days from the issuance of an ex parte firearms |
| |||||||
| |||||||
1 | restraining order, to determine if a 6-month firearms | ||||||
2 | restraining order shall be issued. The court may extend an ex | ||||||
3 | parte order as needed, but not to exceed 14 days, to effectuate | ||||||
4 | service of the order or if necessary to continue protection. | ||||||
5 | The court may extend the order for a greater length of time by | ||||||
6 | mutual agreement of the parties.
| ||||||
7 | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
8 | 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; revised 11-9-21.)
| ||||||
9 | (430 ILCS 67/40)
| ||||||
10 | (Text of Section before amendment by P.A. 102-237 ) | ||||||
11 | Sec. 40. Six-month orders.
| ||||||
12 | (a) A petitioner may request a 6-month firearms | ||||||
13 | restraining order by filing an affidavit or verified pleading | ||||||
14 | alleging that the respondent poses a significant danger of | ||||||
15 | causing personal injury to himself, herself, or another in the | ||||||
16 | near future by having in his or her custody or control, | ||||||
17 | purchasing, possessing, or receiving a firearm. The petition | ||||||
18 | shall also describe the number, types, and locations of any | ||||||
19 | firearms presently believed by the petitioner to be possessed | ||||||
20 | or controlled by the respondent.
| ||||||
21 | (b) If the respondent is alleged to pose a significant | ||||||
22 | danger of causing personal injury to an intimate partner, or | ||||||
23 | an intimate partner is alleged to have been the target of a | ||||||
24 | threat or act of violence by the respondent, the petitioner | ||||||
25 | shall make a good faith effort to provide notice to any and all |
| |||||||
| |||||||
1 | intimate partners of the respondent. The notice must include | ||||||
2 | that the petitioner intends to petition the court for a | ||||||
3 | 6-month firearms restraining order, and, if the petitioner is | ||||||
4 | a law enforcement officer, referral to relevant domestic | ||||||
5 | violence or stalking advocacy or counseling resources, if | ||||||
6 | appropriate. The petitioner shall attest to having provided | ||||||
7 | the notice in the filed affidavit or verified pleading. If, | ||||||
8 | after making a good faith effort, the petitioner is unable to | ||||||
9 | provide notice to any or all intimate partners, the affidavit | ||||||
10 | or verified pleading should describe what efforts were made. | ||||||
11 | (c) Every person who files a petition for a 6-month | ||||||
12 | firearms restraining order, knowing the information provided | ||||||
13 | to the court at any hearing or in the affidavit or verified | ||||||
14 | pleading to be false, is guilty of perjury under Section 32-2 | ||||||
15 | of the Criminal Code of 2012.
| ||||||
16 | (d) Upon receipt of a petition for a 6-month firearms | ||||||
17 | restraining order, the court shall order a hearing within 30 | ||||||
18 | days.
| ||||||
19 | (e) In determining whether to issue a firearms restraining | ||||||
20 | order under this Section, the court shall consider evidence | ||||||
21 | including, but not limited to, the following:
| ||||||
22 | (1) The unlawful and reckless use, display, or | ||||||
23 | brandishing of a firearm by the respondent.
| ||||||
24 | (2) The history of use, attempted use, or threatened | ||||||
25 | use of physical force by the respondent against another | ||||||
26 | person.
|
| |||||||
| |||||||
1 | (3) Any prior arrest of the respondent for a felony | ||||||
2 | offense. | ||||||
3 | (4) Evidence of the abuse of controlled substances or | ||||||
4 | alcohol by the respondent. | ||||||
5 | (5) A recent threat of violence or act of violence by | ||||||
6 | the respondent directed toward himself, herself, or | ||||||
7 | another. | ||||||
8 | (6) A violation of an emergency order of protection | ||||||
9 | issued under Section 217 of the Illinois Domestic Violence | ||||||
10 | Act of 1986 or Section 112A-17 of the Code of Criminal | ||||||
11 | Procedure of 1963 or of an order of protection issued | ||||||
12 | under Section 214 of the Illinois Domestic Violence Act of | ||||||
13 | 1986 or Section 112A-14 of the Code of Criminal Procedure | ||||||
14 | of 1963.
| ||||||
15 | (7) A pattern of violent acts or violent threats, | ||||||
16 | including, but not limited to, threats of violence or acts | ||||||
17 | of violence by the respondent directed toward himself, | ||||||
18 | herself, or another. | ||||||
19 | (f) At the hearing, the petitioner shall have the burden | ||||||
20 | of proving, by clear and convincing evidence, that the | ||||||
21 | respondent poses a significant danger of personal injury to | ||||||
22 | himself, herself, or another by having in his or her custody or | ||||||
23 | control, purchasing, possessing, or receiving a firearm. | ||||||
24 | (g) If the court finds that there is clear and convincing | ||||||
25 | evidence to issue a firearms restraining order, the court | ||||||
26 | shall issue a firearms restraining order that shall be in |
| |||||||
| |||||||
1 | effect for 6 months subject to renewal under Section 45 of this | ||||||
2 | Act or termination under that Section. | ||||||
3 | (g-5) If the court issues a 6-month firearms restraining | ||||||
4 | order, it shall, upon a finding of probable cause that the | ||||||
5 | respondent possesses firearms, issue a search warrant | ||||||
6 | directing a law enforcement agency to seize the respondent's | ||||||
7 | firearms. The court may, as part of that warrant, direct the | ||||||
8 | law enforcement agency to search the respondent's residence | ||||||
9 | and other places where the court finds there is probable cause | ||||||
10 | to believe he or she is likely to possess the firearms. | ||||||
11 | (h) A 6-month firearms restraining order shall require: | ||||||
12 | (1) the respondent to refrain from having in his or | ||||||
13 | her custody or control, purchasing, possessing, or | ||||||
14 | receiving additional firearms for the duration of the | ||||||
15 | order under Section 8.2 of the Firearm Owners | ||||||
16 | Identification Card Act; and | ||||||
17 | (2) the respondent to comply with Section 9.5 of the | ||||||
18 | Firearm Owners Identification Card Act and subsection (g) | ||||||
19 | of Section 70 of the Firearm Concealed Carry Act. Illinois | ||||||
20 | (i) Except as otherwise provided in subsection (i-5) of | ||||||
21 | this Section, upon expiration of the period of safekeeping, if | ||||||
22 | the firearms or Firearm Owner's Identification Card cannot be | ||||||
23 | returned to the respondent because the respondent cannot be | ||||||
24 | located, fails to respond to requests to retrieve the | ||||||
25 | firearms, or is not lawfully eligible to possess a firearm, | ||||||
26 | upon petition from the local law enforcement agency, the court |
| |||||||
| |||||||
1 | may order the local law enforcement agency to destroy the | ||||||
2 | firearms, use the firearms for training purposes, or use the | ||||||
3 | firearms for any other application as deemed appropriate by | ||||||
4 | the local law enforcement agency. | ||||||
5 | (i-5) A respondent whose Firearm Owner's Identification | ||||||
6 | Card has been revoked or suspended may petition the court, if | ||||||
7 | the petitioner is present in court or has notice of the | ||||||
8 | respondent's petition, to transfer the respondent's firearm to | ||||||
9 | a person who is lawfully able to possess the firearm if the | ||||||
10 | person does not reside at the same address as the respondent. | ||||||
11 | Notice of the petition shall be served upon the person | ||||||
12 | protected by the emergency firearms restraining order. While | ||||||
13 | the order is in effect, the transferee who receives the | ||||||
14 | respondent's firearms must swear or affirm by affidavit that | ||||||
15 | he or she shall not transfer the firearm to the respondent or | ||||||
16 | to anyone residing in the same residence as the respondent. | ||||||
17 | (i-6) If a person other than the respondent claims title | ||||||
18 | to any firearms surrendered under this Section, he or she may | ||||||
19 | petition the court, if the petitioner is present in court or | ||||||
20 | has notice of the petition, to have the firearm returned to him | ||||||
21 | or her. If the court determines that person to be the lawful | ||||||
22 | owner of the firearm, the firearm shall be returned to him or | ||||||
23 | her, provided that: | ||||||
24 | (1) the firearm is removed from the respondent's | ||||||
25 | custody, control, or possession and the lawful owner | ||||||
26 | agrees to store the firearm in a manner such that the |
| |||||||
| |||||||
1 | respondent does not have access to or control of the | ||||||
2 | firearm; and | ||||||
3 | (2) the firearm is not otherwise unlawfully possessed | ||||||
4 | by the owner. | ||||||
5 | The person petitioning for the return of his or her | ||||||
6 | firearm must swear or affirm by affidavit that he or she: (i) | ||||||
7 | is the lawful owner of the firearm; (ii) shall not transfer the | ||||||
8 | firearm to the respondent; and (iii) will store the firearm in | ||||||
9 | a manner that the respondent does not have access to or control | ||||||
10 | of the firearm. | ||||||
11 | (j) If the court does not issue a firearms restraining | ||||||
12 | order at the hearing, the court shall dissolve any emergency | ||||||
13 | firearms restraining order then in effect. | ||||||
14 | (k) When the court issues a firearms restraining order | ||||||
15 | under this Section, the court shall inform the respondent that | ||||||
16 | he or she is entitled to one hearing during the period of the | ||||||
17 | order to request a termination of the order, under Section 45 | ||||||
18 | of this Act, and shall provide the respondent with a form to | ||||||
19 | request a hearing.
| ||||||
20 | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
21 | 102-538, eff. 8-20-21; revised 11-3-21.) | ||||||
22 | (Text of Section after amendment by P.A. 102-345 )
| ||||||
23 | Sec. 40. Six-month orders.
| ||||||
24 | (a) A petitioner may request a 6-month firearms | ||||||
25 | restraining order by filing an affidavit or verified pleading |
| |||||||
| |||||||
1 | alleging that the respondent poses a significant danger of | ||||||
2 | causing personal injury to himself, herself, or another in the | ||||||
3 | near future by having in his or her custody or control, | ||||||
4 | purchasing, possessing, or receiving a firearm, ammunition, | ||||||
5 | and firearm parts that could
be assembled to make an operable | ||||||
6 | firearm. The petition shall also describe the number, types, | ||||||
7 | and locations of any firearms, ammunition, and firearm parts | ||||||
8 | that could
be assembled to make an operable firearm presently | ||||||
9 | believed by the petitioner to be possessed or controlled by | ||||||
10 | the respondent.
| ||||||
11 | (b) If the respondent is alleged to pose a significant | ||||||
12 | danger of causing personal injury to an intimate partner, or | ||||||
13 | an intimate partner is alleged to have been the target of a | ||||||
14 | threat or act of violence by the respondent, the petitioner | ||||||
15 | shall make a good faith effort to provide notice to any and all | ||||||
16 | intimate partners of the respondent. The notice must include | ||||||
17 | that the petitioner intends to petition the court for a | ||||||
18 | 6-month firearms restraining order, and, if the petitioner is | ||||||
19 | a law enforcement officer, referral to relevant domestic | ||||||
20 | violence or stalking advocacy or counseling resources, if | ||||||
21 | appropriate. The petitioner shall attest to having provided | ||||||
22 | the notice in the filed affidavit or verified pleading. If, | ||||||
23 | after making a good faith effort, the petitioner is unable to | ||||||
24 | provide notice to any or all intimate partners, the affidavit | ||||||
25 | or verified pleading should describe what efforts were made. | ||||||
26 | (c) Every person who files a petition for a 6-month |
| |||||||
| |||||||
1 | firearms restraining order, knowing the information provided | ||||||
2 | to the court at any hearing or in the affidavit or verified | ||||||
3 | pleading to be false, is guilty of perjury under Section 32-2 | ||||||
4 | of the Criminal Code of 2012.
| ||||||
5 | (d) Upon receipt of a petition for a 6-month firearms | ||||||
6 | restraining order, the court shall order a hearing within 30 | ||||||
7 | days.
| ||||||
8 | (e) In determining whether to issue a firearms restraining | ||||||
9 | order under this Section, the court shall consider evidence | ||||||
10 | including, but not limited to, the following:
| ||||||
11 | (1) The unlawful and reckless use, display, or | ||||||
12 | brandishing of a firearm, ammunition, and firearm parts | ||||||
13 | that could
be assembled to make an operable firearm by the | ||||||
14 | respondent.
| ||||||
15 | (2) The history of use, attempted use, or threatened | ||||||
16 | use of physical force by the respondent against another | ||||||
17 | person.
| ||||||
18 | (3) Any prior arrest of the respondent for a felony | ||||||
19 | offense. | ||||||
20 | (4) Evidence of the abuse of controlled substances or | ||||||
21 | alcohol by the respondent. | ||||||
22 | (5) A recent threat of violence or act of violence by | ||||||
23 | the respondent directed toward himself, herself, or | ||||||
24 | another. | ||||||
25 | (6) A violation of an emergency order of protection | ||||||
26 | issued under Section 217 of the Illinois Domestic Violence |
| |||||||
| |||||||
1 | Act of 1986 or Section 112A-17 of the Code of Criminal | ||||||
2 | Procedure of 1963 or of an order of protection issued | ||||||
3 | under Section 214 of the Illinois Domestic Violence Act of | ||||||
4 | 1986 or Section 112A-14 of the Code of Criminal Procedure | ||||||
5 | of 1963.
| ||||||
6 | (7) A pattern of violent acts or violent threats, | ||||||
7 | including, but not limited to, threats of violence or acts | ||||||
8 | of violence by the respondent directed toward himself, | ||||||
9 | herself, or another. | ||||||
10 | (f) At the hearing, the petitioner shall have the burden | ||||||
11 | of proving, by clear and convincing evidence, that the | ||||||
12 | respondent poses a significant danger of personal injury to | ||||||
13 | himself, herself, or another by having in his or her custody or | ||||||
14 | control, purchasing, possessing, or receiving a firearm, | ||||||
15 | ammunition, and firearm parts that could be assembled to make | ||||||
16 | an operable firearm. | ||||||
17 | (g) If the court finds that there is clear and convincing | ||||||
18 | evidence to issue a firearms restraining order, the court | ||||||
19 | shall issue a firearms restraining order that shall be in | ||||||
20 | effect for 6 months subject to renewal under Section 45 of this | ||||||
21 | Act or termination under that Section. | ||||||
22 | (g-5) If the court issues a 6-month firearms restraining | ||||||
23 | order, it shall, upon a finding of probable cause that the | ||||||
24 | respondent possesses firearms, ammunition, and firearm parts | ||||||
25 | that could
be assembled to make an operable firearm, issue a | ||||||
26 | search warrant directing a law enforcement agency to seize the |
| |||||||
| |||||||
1 | respondent's firearms, ammunition, and firearm parts that | ||||||
2 | could
be assembled to make an operable firearm. The court may, | ||||||
3 | as part of that warrant, direct the law enforcement agency to | ||||||
4 | search the respondent's residence and other places where the | ||||||
5 | court finds there is probable cause to believe he or she is | ||||||
6 | likely to possess the firearms, ammunition, and firearm parts | ||||||
7 | that could
be assembled to make an operable firearm. A return | ||||||
8 | of the search warrant shall be filed by the law enforcement | ||||||
9 | agency within 4 days thereafter, setting forth the time, date, | ||||||
10 | and location that the search warrant was executed and what | ||||||
11 | items, if any, were seized. | ||||||
12 | (h) A 6-month firearms restraining order shall require: | ||||||
13 | (1) the respondent to refrain from having in his or | ||||||
14 | her custody or control, purchasing, possessing, or | ||||||
15 | receiving additional firearms, ammunition, and firearm | ||||||
16 | parts that could
be assembled to make an operable firearm | ||||||
17 | for the duration of the order under Section 8.2 of the | ||||||
18 | Firearm Owners Identification Card Act; and | ||||||
19 | (2) the respondent to comply with Section 9.5 of the | ||||||
20 | Firearm Owners Identification Card Act and subsection (g) | ||||||
21 | of Section 70 of the Firearm Concealed Carry Act , | ||||||
22 | ammunition, and firearm parts that could
be assembled to | ||||||
23 | make an operable firearm . Illinois, ammunition, and | ||||||
24 | firearm parts that could be assembled to make an operable | ||||||
25 | firearm | ||||||
26 | (i) Except as otherwise provided in subsection (i-5) of |
| |||||||
| |||||||
1 | this Section, upon expiration of the period of safekeeping, if | ||||||
2 | the firearms, ammunition, and firearm parts that could
be | ||||||
3 | assembled to make an operable firearm or Firearm Owner's | ||||||
4 | Identification Card cannot be returned to the respondent | ||||||
5 | because the respondent cannot be located, fails to respond to | ||||||
6 | requests to retrieve the firearms, ammunition, and firearm | ||||||
7 | parts that could
be assembled to make an operable firearm, or | ||||||
8 | is not lawfully eligible to possess a firearm, ammunition, and | ||||||
9 | firearm parts that could
be assembled to make an operable | ||||||
10 | firearm, upon petition from the local law enforcement agency, | ||||||
11 | the court may order the local law enforcement agency to | ||||||
12 | destroy the firearms, ammunition, and firearm parts that could | ||||||
13 | be assembled to make an operable firearm, use the firearms, | ||||||
14 | ammunition, and firearm parts that could
be assembled to make | ||||||
15 | an operable firearm for training purposes, or use the | ||||||
16 | firearms, ammunition, and firearm parts that could
be | ||||||
17 | assembled to make an operable firearm for any other | ||||||
18 | application as deemed appropriate by the local law enforcement | ||||||
19 | agency. | ||||||
20 | (i-5) A respondent whose Firearm Owner's Identification | ||||||
21 | Card has been revoked or suspended may petition the court, if | ||||||
22 | the petitioner is present in court or has notice of the | ||||||
23 | respondent's petition, to transfer the respondent's firearm, | ||||||
24 | ammunition, and firearm parts that could
be assembled to make | ||||||
25 | an operable firearm to a person who is lawfully able to possess | ||||||
26 | the firearm, ammunition, and firearm parts that could
be |
| |||||||
| |||||||
1 | assembled to make an operable firearm if the person does not | ||||||
2 | reside at the same address as the respondent. Notice of the | ||||||
3 | petition shall be served upon the person protected by the | ||||||
4 | emergency firearms restraining order. While the order is in | ||||||
5 | effect, the transferee who receives the respondent's firearms, | ||||||
6 | ammunition, and firearm parts that could be assembled to make | ||||||
7 | an operable firearm must swear or affirm by affidavit that he | ||||||
8 | or she shall not transfer the firearm, ammunition, and firearm | ||||||
9 | parts that could
be assembled to make an operable firearm to | ||||||
10 | the respondent or to anyone residing in the same residence as | ||||||
11 | the respondent. | ||||||
12 | (i-6) If a person other than the respondent claims title | ||||||
13 | to any firearms, ammunition, and firearm parts that could
be | ||||||
14 | assembled to make an operable firearm surrendered under this | ||||||
15 | Section, he or she may petition the court, if the petitioner is | ||||||
16 | present in court or has notice of the petition, to have the | ||||||
17 | firearm, ammunition, and firearm parts that could be assembled | ||||||
18 | to make an operable firearm returned to him or her. If the | ||||||
19 | court determines that person to be the lawful owner of the | ||||||
20 | firearm, ammunition, and firearm parts that could be assembled | ||||||
21 | to make an operable firearm, the firearm, ammunition, and | ||||||
22 | firearm parts that could
be assembled to make an operable | ||||||
23 | firearm shall be returned to him or her, provided that: | ||||||
24 | (1) the firearm,
ammunition, and firearm parts that | ||||||
25 | could be assembled to make
an operable firearm are removed | ||||||
26 | from the respondent's custody, control, or possession and |
| |||||||
| |||||||
1 | the lawful owner agrees to store the firearm, ammunition, | ||||||
2 | and firearm parts that could
be assembled to make an | ||||||
3 | operable firearm in a manner such that the respondent does | ||||||
4 | not have access to or control of the firearm, ammunition, | ||||||
5 | and firearm parts that could
be assembled to make an | ||||||
6 | operable firearm; and | ||||||
7 | (2) the firearm,
ammunition, and firearm parts that | ||||||
8 | could be assembled to make
an operable firearm are not | ||||||
9 | otherwise unlawfully possessed by the owner. | ||||||
10 | The person petitioning for the return of his or her | ||||||
11 | firearm, ammunition, and firearm parts that could
be assembled | ||||||
12 | to make an operable firearm must swear or affirm by affidavit | ||||||
13 | that he or she: (i) is the lawful owner of the firearm, | ||||||
14 | ammunition, and firearm parts that could be assembled to make | ||||||
15 | an operable firearm; (ii) shall not transfer the firearm, | ||||||
16 | ammunition, and firearm parts that could
be assembled to make | ||||||
17 | an operable firearm to the respondent; and (iii) will store | ||||||
18 | the firearm, ammunition, and firearm parts that could be | ||||||
19 | assembled to make an operable firearm in a manner that the | ||||||
20 | respondent does not have access to or control of the firearm, | ||||||
21 | ammunition, and firearm parts that could
be assembled to make | ||||||
22 | an operable firearm. | ||||||
23 | (j) If the court does not issue a firearms restraining | ||||||
24 | order at the hearing, the court shall dissolve any emergency | ||||||
25 | firearms restraining order then in effect. | ||||||
26 | (k) When the court issues a firearms restraining order |
| |||||||
| |||||||
1 | under this Section, the court shall inform the respondent that | ||||||
2 | he or she is entitled to one hearing during the period of the | ||||||
3 | order to request a termination of the order, under Section 45 | ||||||
4 | of this Act, and shall provide the respondent with a form to | ||||||
5 | request a hearing.
| ||||||
6 | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
7 | 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; revised 11-3-21.) | ||||||
8 | Section 570. The Wildlife Code is amended by changing | ||||||
9 | Section 3.3 as follows:
| ||||||
10 | (520 ILCS 5/3.3) (from Ch. 61, par. 3.3)
| ||||||
11 | Sec. 3.3. Trapping license required. Before any person | ||||||
12 | shall trap any
of the mammals protected
by this Act, for which | ||||||
13 | an open trapping season has been established, he shall
first | ||||||
14 | procure a trapping license from the Department to do so. No | ||||||
15 | traps
shall be placed in the field, set or unset, prior to the | ||||||
16 | opening day of
the trapping season.
| ||||||
17 | Traps used in the taking of such mammals shall be marked or
| ||||||
18 | tagged with metal tags or inscribed in lettering giving the | ||||||
19 | name and
address of the owner or the customer identification | ||||||
20 | number issued by the Department, and absence of such mark or | ||||||
21 | tag shall be prima
facie evidence that such trap or traps are | ||||||
22 | illegally used and the trap
or traps shall be confiscated and | ||||||
23 | disposed of as directed by the
Department.
| ||||||
24 | Before any person 18 years of age or older shall trap, |
| |||||||
| |||||||
1 | attempt to
trap, or sell the green hides of any mammal of the | ||||||
2 | species defined as
fur-bearing mammals by Section 2.2 for | ||||||
3 | which an open season is established
under this Act, he shall | ||||||
4 | first have procured a State Habitat Stamp.
| ||||||
5 | Beginning January 1, 2016, no trapping license shall be | ||||||
6 | issued to any
person born on or after January 1, 1998 unless he | ||||||
7 | or she presents to the authorized issuer of the license | ||||||
8 | evidence that he or she has a
certificate of competency | ||||||
9 | provided for in this Section.
| ||||||
10 | The Department of Natural Resources shall authorize
| ||||||
11 | personnel of the Department,
or volunteer instructors, found | ||||||
12 | by the Department to be competent,
to provide instruction in | ||||||
13 | courses on trapping techniques and ethical trapping
behavior | ||||||
14 | as needed throughout the State, which courses shall be at | ||||||
15 | least
8 hours in length. Persons so authorized shall provide | ||||||
16 | instruction in such
courses to individuals at no charge, and | ||||||
17 | shall issue to individuals
successfully completing such | ||||||
18 | courses certificates of competency in basic
trapping | ||||||
19 | techniques. The Department shall cooperate in establishing | ||||||
20 | such
courses with any reputable association or organization | ||||||
21 | which has as one of
its objectives the promotion of the ethical | ||||||
22 | use of legal fur harvesting
devices and techniques. The | ||||||
23 | Department shall furnish information on the
requirements of | ||||||
24 | the trapper education program to be distributed free of
charge | ||||||
25 | to applicants for trapping licenses by the persons appointed | ||||||
26 | and
authorized to issue licenses.
|
| |||||||
| |||||||
1 | The owners residing on, or bona fide tenants of farm | ||||||
2 | lands, and their
children actually residing on such lands, | ||||||
3 | shall have the right to trap
mammals protected by this Act, for | ||||||
4 | which an open trapping season has been
established, upon such | ||||||
5 | lands, without procuring licenses, provided that
such mammals | ||||||
6 | are taken during the periods of time and with such devices as
| ||||||
7 | are permitted by this Act.
| ||||||
8 | Any person on active duty in the Armed Forces or any person | ||||||
9 | with a disability who is a resident of Illinois, may trap any | ||||||
10 | of the species protected by Section 2.2, during such times, | ||||||
11 | with such devices , and by such methods as are permitted by this | ||||||
12 | Act, without procuring a trapping license. For the purposes of | ||||||
13 | this Section, a person is considered a person with a | ||||||
14 | disability if he or she has a Type 1 or Type 4, Class 2 | ||||||
15 | disability as defined in Section 4A of the Illinois | ||||||
16 | Identification Card Act. For purposes of this Section, an | ||||||
17 | Illinois Person with a Disability Identification Card issued | ||||||
18 | pursuant to the Illinois Identification Card Act indicating | ||||||
19 | that the person thereon named has a Type 1 or Type 4, Class 2 | ||||||
20 | disability shall be adequate documentation of such a | ||||||
21 | disability. | ||||||
22 | (Source: P.A. 101-81, eff. 7-12-19; 102-524, eff. 8-20-21; | ||||||
23 | revised 11-29-21.)
| ||||||
24 | Section 575. The Illinois Vehicle Code is amended by | ||||||
25 | changing Sections 3-117.1, 3-699.14, 5-102, 5-402.1, 6-106.1, |
| |||||||
| |||||||
1 | 6-107.5, 6-206, 6-508, 11-212, 11-907, 11-1201.1, 13-108, | ||||||
2 | 13-109.1, 15-102, 15-305, 16-103, and 16-105 as follows:
| ||||||
3 | (625 ILCS 5/3-117.1) (from Ch. 95 1/2, par. 3-117.1)
| ||||||
4 | Sec. 3-117.1. When junking certificates or salvage | ||||||
5 | certificates must
be obtained. | ||||||
6 | (a) Except as provided in Chapter 4 and Section 3-117.3 of | ||||||
7 | this Code, a person who possesses a
junk vehicle shall within | ||||||
8 | 15 days cause the certificate of title, salvage
certificate, | ||||||
9 | certificate of purchase, or a similarly acceptable | ||||||
10 | out-of-state
document of ownership to be surrendered to the | ||||||
11 | Secretary of State along with an
application for a junking | ||||||
12 | certificate, except as provided in Section 3-117.2,
whereupon | ||||||
13 | the Secretary of State shall issue to such a person a junking
| ||||||
14 | certificate, which shall authorize the holder thereof to | ||||||
15 | possess, transport,
or, by an endorsement, transfer ownership | ||||||
16 | in such junked vehicle, and a
certificate of title shall not | ||||||
17 | again be issued for such vehicle. The owner of a junk vehicle | ||||||
18 | is not required to surrender the certificate of title under | ||||||
19 | this subsection if (i) there is no lienholder on the | ||||||
20 | certificate of title or (ii) the owner of the junk vehicle has | ||||||
21 | a valid lien release from the lienholder releasing all | ||||||
22 | interest in the vehicle and the owner applying for the junk | ||||||
23 | certificate matches the current record on the certificate of | ||||||
24 | title file for the vehicle.
| ||||||
25 | A licensee who possesses a junk vehicle and a Certificate |
| |||||||
| |||||||
1 | of Title,
Salvage Certificate, Certificate of Purchase, or a | ||||||
2 | similarly acceptable
out-of-state document of ownership for | ||||||
3 | such junk vehicle, may transport the
junk vehicle to another | ||||||
4 | licensee prior to applying for or obtaining a
junking | ||||||
5 | certificate, by executing a uniform invoice. The licensee
| ||||||
6 | transferor shall furnish a copy of the uniform invoice to the | ||||||
7 | licensee
transferee at the time of transfer. In any case, the | ||||||
8 | licensee transferor
shall apply for a junking certificate in | ||||||
9 | conformance with Section 3-117.1
of this Chapter. The | ||||||
10 | following information shall be contained on a uniform
invoice:
| ||||||
11 | (1) The business name, address , and dealer license | ||||||
12 | number of the person
disposing of the vehicle, junk | ||||||
13 | vehicle , or vehicle cowl;
| ||||||
14 | (2) The name and address of the person acquiring the | ||||||
15 | vehicle, junk
vehicle , or vehicle cowl , and , if that | ||||||
16 | person is a dealer, the Illinois or
out-of-state dealer | ||||||
17 | license number of that dealer;
| ||||||
18 | (3) The date of the disposition of the vehicle, junk | ||||||
19 | vehicle , or vehicle
cowl;
| ||||||
20 | (4) The year, make, model, color , and description of | ||||||
21 | each vehicle, junk
vehicle , or vehicle cowl disposed of by | ||||||
22 | such person;
| ||||||
23 | (5) The manufacturer's vehicle identification number, | ||||||
24 | Secretary of State
identification number , or Illinois | ||||||
25 | State Police number ,
for each vehicle, junk vehicle , or | ||||||
26 | vehicle cowl part disposed of by such person;
|
| |||||||
| |||||||
1 | (6) The printed name and legible signature of the | ||||||
2 | person or agent
disposing of the vehicle, junk vehicle , or | ||||||
3 | vehicle cowl; and
| ||||||
4 | (7) The printed name and legible signature of the | ||||||
5 | person accepting
delivery of the vehicle, junk vehicle , or | ||||||
6 | vehicle cowl.
| ||||||
7 | The Secretary of State may certify a junking manifest in a | ||||||
8 | form prescribed by
the Secretary of State that reflects those | ||||||
9 | vehicles for which junking
certificates have been applied or | ||||||
10 | issued. A junking manifest
may be issued to any person and it | ||||||
11 | shall constitute evidence of ownership
for the vehicle listed | ||||||
12 | upon it. A junking manifest may be transferred only
to a person | ||||||
13 | licensed under Section 5-301 of this Code as a scrap | ||||||
14 | processor.
A junking manifest will allow the transportation of | ||||||
15 | those
vehicles to a scrap processor prior to receiving the | ||||||
16 | junk certificate from
the Secretary of State.
| ||||||
17 | (b) An application for a salvage certificate shall be | ||||||
18 | submitted to the
Secretary of State in any of the following | ||||||
19 | situations:
| ||||||
20 | (1) When an insurance company makes a payment of | ||||||
21 | damages on a total loss
claim for a vehicle, the insurance | ||||||
22 | company shall be deemed to be the owner of
such vehicle and | ||||||
23 | the vehicle shall be considered to be salvage except that
| ||||||
24 | ownership of (i) a vehicle that has incurred only hail | ||||||
25 | damage that does
not
affect the operational safety of the | ||||||
26 | vehicle or (ii) any vehicle
9 model years of age or older |
| |||||||
| |||||||
1 | may, by agreement between
the registered owner and the | ||||||
2 | insurance company, be retained by the registered
owner of | ||||||
3 | such vehicle. The insurance company shall promptly deliver | ||||||
4 | or mail
within 20 days the certificate of title along with | ||||||
5 | proper application and fee
to the Secretary of State, and | ||||||
6 | a salvage certificate shall be issued in the
name of the | ||||||
7 | insurance company. Notwithstanding the foregoing, an | ||||||
8 | insurer making payment of damages on a total loss claim | ||||||
9 | for the theft of a vehicle shall not be required to apply | ||||||
10 | for a salvage certificate unless the vehicle is recovered | ||||||
11 | and has incurred damage that initially would have caused | ||||||
12 | the vehicle to be declared a total loss by the insurer. | ||||||
13 | (1.1) When a vehicle of a self-insured company is to | ||||||
14 | be sold in the State of Illinois and has sustained damaged | ||||||
15 | by collision, fire, theft, rust corrosion, or other means | ||||||
16 | so that the self-insured company determines the vehicle to | ||||||
17 | be a total loss, or if the cost of repairing the damage, | ||||||
18 | including labor, would be greater than 70% of its fair | ||||||
19 | market value without that damage, the vehicle shall be | ||||||
20 | considered salvage. The self-insured company shall | ||||||
21 | promptly deliver the certificate of title along with | ||||||
22 | proper application and fee to the Secretary of State, and | ||||||
23 | a salvage certificate shall be issued in the name of the | ||||||
24 | self-insured company. A self-insured company making | ||||||
25 | payment of damages on a total loss claim for the theft of a | ||||||
26 | vehicle may exchange the salvage certificate for a |
| |||||||
| |||||||
1 | certificate of title if the vehicle is recovered without | ||||||
2 | damage. In such a situation, the self-insured shall fill | ||||||
3 | out and sign a form prescribed by the Secretary of State | ||||||
4 | which contains an affirmation under penalty of perjury | ||||||
5 | that the vehicle was recovered without damage and the | ||||||
6 | Secretary of State may, by rule, require photographs to be | ||||||
7 | submitted.
| ||||||
8 | (2) When a vehicle the ownership of which has been | ||||||
9 | transferred to any
person through a certificate of | ||||||
10 | purchase from acquisition of the vehicle at an
auction, | ||||||
11 | other dispositions as set forth in Sections 4-208 and | ||||||
12 | 4-209
of this Code, or a lien arising under Section | ||||||
13 | 18a-501 of this Code shall be deemed
salvage or junk at the | ||||||
14 | option of the purchaser. The person acquiring such
vehicle | ||||||
15 | in such manner shall promptly deliver or mail, within 20 | ||||||
16 | days after the
acquisition of the vehicle, the certificate | ||||||
17 | of purchase, the
proper application and fee, and, if the | ||||||
18 | vehicle is an abandoned mobile home
under the Abandoned | ||||||
19 | Mobile Home Act, a certification from a local law
| ||||||
20 | enforcement agency that the vehicle was purchased or | ||||||
21 | acquired at a public sale
under the Abandoned Mobile Home | ||||||
22 | Act to the Secretary of State and a salvage
certificate or | ||||||
23 | junking certificate shall be issued in the name of that | ||||||
24 | person.
The salvage certificate or junking certificate | ||||||
25 | issued by the Secretary of State
under this Section shall | ||||||
26 | be free of any lien that existed against the vehicle
prior |
| |||||||
| |||||||
1 | to the time the vehicle was acquired by the applicant | ||||||
2 | under this Code.
| ||||||
3 | (3) A vehicle which has been repossessed by a | ||||||
4 | lienholder shall be
considered to be salvage only when the | ||||||
5 | repossessed vehicle, on the date of
repossession by the | ||||||
6 | lienholder, has sustained damage by collision, fire, | ||||||
7 | theft,
rust corrosion, or other means so that the cost of | ||||||
8 | repairing
such damage, including labor, would be greater | ||||||
9 | than 50% of its fair market
value without such damage. If | ||||||
10 | the lienholder determines that such vehicle is
damaged in | ||||||
11 | excess of 50% of such fair market value, the lienholder | ||||||
12 | shall,
before sale, transfer , or assignment of the | ||||||
13 | vehicle, make application for a
salvage certificate, and | ||||||
14 | shall submit with such application the proper fee
and | ||||||
15 | evidence of possession. If the facts required to be shown | ||||||
16 | in
subsection (f) of Section 3-114 are satisfied, the | ||||||
17 | Secretary of State shall
issue a salvage certificate in | ||||||
18 | the name of the lienholder making the
application. In any | ||||||
19 | case wherein the vehicle repossessed is not damaged in
| ||||||
20 | excess of 50% of its fair market value, the lienholder
| ||||||
21 | shall comply with the requirements of subsections (f), | ||||||
22 | (f-5), and (f-10) of
Section 3-114, except that the | ||||||
23 | affidavit of repossession made by or on behalf
of the | ||||||
24 | lienholder
shall also contain an affirmation under penalty | ||||||
25 | of perjury that the vehicle
on
the date of sale is not
| ||||||
26 | damaged in
excess of 50% of its fair market value. If the |
| |||||||
| |||||||
1 | facts required to be shown
in subsection (f) of Section | ||||||
2 | 3-114 are satisfied, the Secretary of State
shall issue a | ||||||
3 | certificate of title as set forth in Section 3-116 of this | ||||||
4 | Code.
The Secretary of State may by rule or regulation | ||||||
5 | require photographs to be
submitted.
| ||||||
6 | (4) A vehicle which is a part of a fleet of more than 5 | ||||||
7 | commercial
vehicles registered in this State or any other | ||||||
8 | state or registered
proportionately among several states | ||||||
9 | shall be considered to be salvage when
such vehicle has | ||||||
10 | sustained damage by collision, fire, theft, rust,
| ||||||
11 | corrosion or similar means so that the cost of repairing | ||||||
12 | such damage, including
labor, would be greater than 50% of | ||||||
13 | the fair market value of the vehicle
without such damage. | ||||||
14 | If the owner of a fleet vehicle desires to sell,
transfer, | ||||||
15 | or assign his interest in such vehicle to a person within | ||||||
16 | this State
other than an insurance company licensed to do | ||||||
17 | business within this State, and
the owner determines that | ||||||
18 | such vehicle, at the time of the proposed sale,
transfer | ||||||
19 | or assignment is damaged in excess of 50% of its fair | ||||||
20 | market
value, the owner shall, before such sale, transfer | ||||||
21 | or assignment, make
application for a salvage certificate. | ||||||
22 | The application shall contain with it
evidence of | ||||||
23 | possession of the vehicle. If the fleet vehicle at the | ||||||
24 | time of its
sale, transfer, or assignment is not damaged | ||||||
25 | in excess of 50% of its
fair market value, the owner shall | ||||||
26 | so state in a written affirmation on a
form prescribed by |
| |||||||
| |||||||
1 | the Secretary of State by rule or regulation. The
| ||||||
2 | Secretary of State may by rule or regulation require | ||||||
3 | photographs to be
submitted. Upon sale, transfer or | ||||||
4 | assignment of the fleet vehicle the
owner shall mail the | ||||||
5 | affirmation to the Secretary of State.
| ||||||
6 | (5) A vehicle that has been submerged in water to the
| ||||||
7 | point that rising water has reached over the door sill and | ||||||
8 | has
entered the
passenger or trunk compartment is a "flood | ||||||
9 | vehicle". A flood vehicle shall
be considered to be | ||||||
10 | salvage only if the vehicle has sustained damage so that
| ||||||
11 | the cost of repairing the damage, including labor, would | ||||||
12 | be greater than 50% of the fair market value of the vehicle | ||||||
13 | without that damage. The salvage
certificate issued under | ||||||
14 | this
Section shall indicate the word "flood", and the word | ||||||
15 | "flood" shall be
conspicuously entered on subsequent | ||||||
16 | titles for the vehicle. A person who
possesses or acquires | ||||||
17 | a flood vehicle that is not damaged in excess of 50%
of its | ||||||
18 | fair market value shall make application for title in | ||||||
19 | accordance with
Section 3-116 of this Code, designating | ||||||
20 | the vehicle as "flood" in a manner
prescribed by the | ||||||
21 | Secretary of State. The certificate of title issued shall
| ||||||
22 | indicate the word "flood", and the word "flood" shall be | ||||||
23 | conspicuously entered
on subsequent titles for the | ||||||
24 | vehicle.
| ||||||
25 | (6) When any licensed rebuilder, repairer, new or used | ||||||
26 | vehicle dealer, or remittance agent has submitted an |
| |||||||
| |||||||
1 | application for title to a vehicle (other than an | ||||||
2 | application for title to a rebuilt vehicle) that he or she | ||||||
3 | knows or reasonably should have known to have sustained | ||||||
4 | damages in excess of 50% of the vehicle's fair market | ||||||
5 | value without that damage; provided, however, that any | ||||||
6 | application for a salvage certificate for a vehicle | ||||||
7 | recovered from theft and acquired from an insurance | ||||||
8 | company shall be made as required by paragraph (1) of this | ||||||
9 | subsection (b). | ||||||
10 | (c) Any person who without authority acquires, sells, | ||||||
11 | exchanges, gives
away, transfers or destroys or offers to | ||||||
12 | acquire, sell, exchange, give
away, transfer or destroy the | ||||||
13 | certificate of title to any vehicle which is
a junk or salvage | ||||||
14 | vehicle shall be guilty of a Class 3 felony.
| ||||||
15 | (d) Except as provided under subsection (a), any person | ||||||
16 | who knowingly fails to surrender to the Secretary of State a
| ||||||
17 | certificate of title, salvage certificate, certificate of | ||||||
18 | purchase or a
similarly acceptable out-of-state document of | ||||||
19 | ownership as required under
the provisions of this Section is | ||||||
20 | guilty of a Class A misdemeanor for a
first offense and a Class | ||||||
21 | 4 felony for a subsequent offense; except that a
person | ||||||
22 | licensed under this Code who violates paragraph (5) of | ||||||
23 | subsection (b)
of this Section is
guilty of a business offense | ||||||
24 | and shall be fined not less than $1,000 nor more
than $5,000 | ||||||
25 | for a first offense and is guilty of a Class 4 felony
for a | ||||||
26 | second or subsequent violation.
|
| |||||||
| |||||||
1 | (e) Any vehicle which is salvage or junk may not be driven | ||||||
2 | or operated
on roads and highways within this State. A | ||||||
3 | violation of this subsection is
a Class A misdemeanor. A | ||||||
4 | salvage vehicle displaying valid special plates
issued under | ||||||
5 | Section 3-601(b) of this Code, which is being driven to or
from | ||||||
6 | an inspection conducted under Section 3-308 of this Code, is | ||||||
7 | exempt
from the provisions of this subsection. A salvage | ||||||
8 | vehicle for which a
short term permit has been issued under | ||||||
9 | Section 3-307 of this Code is
exempt from the provisions of | ||||||
10 | this subsection for the duration of the permit.
| ||||||
11 | (Source: P.A. 101-81, eff. 7-12-19; 102-319, eff. 1-1-22; | ||||||
12 | 102-538, eff. 8-20-21; revised 9-22-21.)
| ||||||
13 | (625 ILCS 5/3-699.14) | ||||||
14 | Sec. 3-699.14. Universal special license plates. | ||||||
15 | (a) In addition to any other special license plate, the | ||||||
16 | Secretary, upon receipt of all applicable fees and | ||||||
17 | applications made in the form prescribed by the Secretary, may | ||||||
18 | issue Universal special license plates to residents of | ||||||
19 | Illinois on behalf of organizations that have been authorized | ||||||
20 | by the General Assembly to issue decals for Universal special | ||||||
21 | license plates. Appropriate documentation, as determined by | ||||||
22 | the Secretary, shall accompany each application. Authorized | ||||||
23 | organizations shall be designated by amendment to this | ||||||
24 | Section. When applying for a Universal special license plate | ||||||
25 | the applicant shall inform the Secretary of the name of the |
| |||||||
| |||||||
1 | authorized organization from which the applicant will obtain a | ||||||
2 | decal to place on the plate. The Secretary shall make a record | ||||||
3 | of that organization and that organization shall remain | ||||||
4 | affiliated with that plate until the plate is surrendered, | ||||||
5 | revoked, or otherwise cancelled. The authorized organization | ||||||
6 | may charge a fee to offset the cost of producing and | ||||||
7 | distributing the decal, but that fee shall be retained by the | ||||||
8 | authorized organization and shall be separate and distinct | ||||||
9 | from any registration fees charged by the Secretary. No decal, | ||||||
10 | sticker, or other material may be affixed to a Universal | ||||||
11 | special license plate other than a decal authorized by the | ||||||
12 | General Assembly in this Section or a registration renewal | ||||||
13 | sticker. The special plates issued under this Section shall be | ||||||
14 | affixed only to passenger vehicles of the first division, | ||||||
15 | including motorcycles and autocycles, or motor vehicles of the | ||||||
16 | second division weighing not more than 8,000 pounds. Plates | ||||||
17 | issued under this Section shall expire according to the | ||||||
18 | multi-year procedure under Section 3-414.1 of this Code. | ||||||
19 | (b) The design, color, and format of the Universal special | ||||||
20 | license plate shall be wholly within the discretion of the | ||||||
21 | Secretary. Universal special license plates are not required | ||||||
22 | to designate "Land of Lincoln", as prescribed in subsection | ||||||
23 | (b) of Section 3-412 of this Code. The design shall allow for | ||||||
24 | the application of a decal to the plate. Organizations | ||||||
25 | authorized by the General Assembly to issue decals for | ||||||
26 | Universal special license plates shall comply with rules |
| |||||||
| |||||||
1 | adopted by the Secretary governing the requirements for and | ||||||
2 | approval of Universal special license plate decals. The | ||||||
3 | Secretary may, in his or her discretion, allow Universal | ||||||
4 | special license plates to be issued as vanity or personalized | ||||||
5 | plates in accordance with Section 3-405.1 of this Code. The | ||||||
6 | Secretary of State must make a version of the special | ||||||
7 | registration plates authorized under this Section in a form | ||||||
8 | appropriate for motorcycles and autocycles. | ||||||
9 | (c) When authorizing a Universal special license plate, | ||||||
10 | the General Assembly shall set forth whether an additional fee | ||||||
11 | is to be charged for the plate and, if a fee is to be charged, | ||||||
12 | the amount of the fee and how the fee is to be distributed. | ||||||
13 | When necessary, the authorizing language shall create a | ||||||
14 | special fund in the State treasury into which fees may be | ||||||
15 | deposited for an authorized Universal special license plate. | ||||||
16 | Additional fees may only be charged if the fee is to be paid | ||||||
17 | over to a State agency or to a charitable entity that is in | ||||||
18 | compliance with the registration and reporting requirements of | ||||||
19 | the Charitable Trust Act and the Solicitation for Charity Act. | ||||||
20 | Any charitable entity receiving fees for the sale of Universal | ||||||
21 | special license plates shall annually provide the Secretary of | ||||||
22 | State a letter of compliance issued by the Attorney General | ||||||
23 | verifying that the entity is in compliance with the Charitable | ||||||
24 | Trust Act and the Solicitation for Charity Act. | ||||||
25 | (d) Upon original issuance and for each registration | ||||||
26 | renewal period, in addition to the appropriate registration |
| |||||||
| |||||||
1 | fee, if applicable, the Secretary shall collect any additional | ||||||
2 | fees, if required, for issuance of Universal special license | ||||||
3 | plates. The fees shall be collected on behalf of the | ||||||
4 | organization designated by the applicant when applying for the | ||||||
5 | plate. All fees collected shall be transferred to the State | ||||||
6 | agency on whose behalf the fees were collected, or paid into | ||||||
7 | the special fund designated in the law authorizing the | ||||||
8 | organization to issue decals for Universal special license | ||||||
9 | plates. All money in the designated fund shall be distributed | ||||||
10 | by the Secretary subject to appropriation by the General | ||||||
11 | Assembly.
| ||||||
12 | (e) The following organizations may issue decals for | ||||||
13 | Universal special license plates with the original and renewal | ||||||
14 | fees and fee distribution as follows: | ||||||
15 | (1) The Illinois Department of Natural Resources. | ||||||
16 | (A) Original issuance: $25; with $10 to the | ||||||
17 | Roadside Monarch Habitat Fund and $15 to the Secretary | ||||||
18 | of State Special License Plate Fund. | ||||||
19 | (B) Renewal: $25; with $23 to the Roadside Monarch | ||||||
20 | Habitat Fund and $2 to the Secretary of State Special | ||||||
21 | License Plate Fund. | ||||||
22 | (2) Illinois Veterans' Homes. | ||||||
23 | (A) Original issuance: $26, which shall be | ||||||
24 | deposited into the Illinois Veterans' Homes Fund. | ||||||
25 | (B) Renewal: $26, which shall be deposited into | ||||||
26 | the Illinois Veterans' Homes Fund. |
| |||||||
| |||||||
1 | (3) The Illinois Department of Human Services for | ||||||
2 | volunteerism decals. | ||||||
3 | (A) Original issuance: $25, which shall be | ||||||
4 | deposited into the Secretary of State Special License | ||||||
5 | Plate Fund. | ||||||
6 | (B) Renewal: $25, which shall be deposited into | ||||||
7 | the Secretary of State Special License Plate Fund. | ||||||
8 | (4) The Illinois Department of Public Health. | ||||||
9 | (A) Original issuance: $25; with $10 to the | ||||||
10 | Prostate Cancer Awareness Fund and $15 to the | ||||||
11 | Secretary of State Special License Plate Fund. | ||||||
12 | (B) Renewal: $25; with $23 to the Prostate Cancer | ||||||
13 | Awareness Fund and $2 to the Secretary of State | ||||||
14 | Special License Plate Fund. | ||||||
15 | (5) Horsemen's Council of Illinois. | ||||||
16 | (A) Original issuance: $25; with $10 to the | ||||||
17 | Horsemen's Council of Illinois Fund and $15 to the | ||||||
18 | Secretary of State Special License Plate Fund. | ||||||
19 | (B) Renewal: $25; with $23 to the Horsemen's | ||||||
20 | Council of Illinois Fund and $2 to the Secretary of | ||||||
21 | State Special License Plate Fund. | ||||||
22 | (6) K9s for Veterans, NFP. | ||||||
23 | (A) Original issuance: $25; with $10 to the | ||||||
24 | Post-Traumatic Stress Disorder Awareness Fund and $15 | ||||||
25 | to the Secretary of State Special License Plate Fund. | ||||||
26 | (B) Renewal: $25; with $23 to the Post-Traumatic |
| |||||||
| |||||||
1 | Stress Disorder Awareness Fund and $2 to the Secretary | ||||||
2 | of State Special License Plate Fund. | ||||||
3 | (7) The International Association of Machinists and | ||||||
4 | Aerospace Workers. | ||||||
5 | (A) Original issuance: $35; with $20 to the Guide | ||||||
6 | Dogs of America Fund and $15 to the Secretary of State | ||||||
7 | Special License Plate Fund. | ||||||
8 | (B) Renewal: $25; with $23 going to the Guide Dogs | ||||||
9 | of America Fund and $2 to the Secretary of State | ||||||
10 | Special License Plate Fund. | ||||||
11 | (8) Local Lodge 701 of the International Association | ||||||
12 | of Machinists and
Aerospace Workers. | ||||||
13 | (A) Original issuance: $35; with $10 to the Guide | ||||||
14 | Dogs of America Fund, $10 to the Mechanics Training | ||||||
15 | Fund, and $15 to the Secretary of State Special | ||||||
16 | License Plate Fund. | ||||||
17 | (B) Renewal: $30; with $13 to the Guide Dogs of | ||||||
18 | America Fund, $15 to the Mechanics Training Fund, and | ||||||
19 | $2 to the Secretary of State Special License Plate | ||||||
20 | Fund. | ||||||
21 | (9) Illinois Department of Human Services. | ||||||
22 | (A) Original issuance: $25; with $10 to the | ||||||
23 | Theresa Tracy Trot - Illinois CancerCare Foundation | ||||||
24 | Fund and $15 to the Secretary of State Special License | ||||||
25 | Plate Fund. | ||||||
26 | (B) Renewal: $25; with $23 to the Theresa Tracy |
| |||||||
| |||||||
1 | Trot - Illinois CancerCare Foundation Fund and $2 to | ||||||
2 | the Secretary of State Special License Plate Fund. | ||||||
3 | (10) The Illinois Department of Human Services for | ||||||
4 | developmental disabilities awareness decals. | ||||||
5 | (A) Original issuance: $25; with $10 to the
| ||||||
6 | Developmental Disabilities Awareness Fund and $15 to | ||||||
7 | the Secretary of State Special License Plate Fund. | ||||||
8 | (B) Renewal: $25; with $23 to the Developmental | ||||||
9 | Disabilities
Awareness Fund and $2 to the Secretary of | ||||||
10 | State Special License Plate Fund. | ||||||
11 | (11) The Illinois Department of Human Services for | ||||||
12 | pediatric cancer awareness decals. | ||||||
13 | (A) Original issuance: $25; with $10 to the
| ||||||
14 | Pediatric Cancer Awareness Fund and $15 to the | ||||||
15 | Secretary of State Special License Plate Fund. | ||||||
16 | (B) Renewal: $25; with $23 to the Pediatric Cancer
| ||||||
17 | Awareness Fund and $2 to the Secretary of State | ||||||
18 | Special License Plate Fund. | ||||||
19 | (12) The Department of Veterans' Affairs for Fold of | ||||||
20 | Honor decals. | ||||||
21 | (A) Original issuance: $25; with $10 to the Folds | ||||||
22 | of Honor Foundation Fund and $15 to the Secretary of | ||||||
23 | State Special License Plate Fund. | ||||||
24 | (B) Renewal: $25; with $23 to the Folds of Honor | ||||||
25 | Foundation Fund and $2 to the Secretary of State | ||||||
26 | Special License Plate Fund. |
| |||||||
| |||||||
1 | (13) (12) The Illinois chapters of the Experimental | ||||||
2 | Aircraft Association for aviation enthusiast decals. | ||||||
3 | (A) Original issuance: $25; with $10 to the | ||||||
4 | Experimental Aircraft Association Fund and $15 to the | ||||||
5 | Secretary of State Special License Plate Fund. | ||||||
6 | (B) Renewal: $25; with $23 to the Experimental | ||||||
7 | Aircraft Association Fund and $2 to the Secretary of | ||||||
8 | State Special License Plate Fund. | ||||||
9 | (14) (12) The Illinois Department of Human Services | ||||||
10 | for Child Abuse Council of the Quad Cities decals. | ||||||
11 | (A) Original issuance: $25; with $10 to the Child | ||||||
12 | Abuse Council of the Quad Cities Fund and $15 to the | ||||||
13 | Secretary of State Special License Plate Fund. | ||||||
14 | (B) Renewal: $25; with $23 to the Child Abuse | ||||||
15 | Council of the Quad Cities Fund and $2 to the Secretary | ||||||
16 | of State Special License Plate Fund. | ||||||
17 | (15) (12) The Illinois Department of Public Health for | ||||||
18 | health care worker decals. | ||||||
19 | (A) Original issuance: $25; with $10 to the | ||||||
20 | Illinois Health Care Workers Benefit Fund, and $15 to | ||||||
21 | the Secretary of State Special License Plate Fund. | ||||||
22 | (B) Renewal: $25; with $23 to the Illinois Health | ||||||
23 | Care Workers Benefit Fund and $2 to the Secretary of | ||||||
24 | State Special License Plate Fund. | ||||||
25 | (f) The following funds are created as special funds in | ||||||
26 | the State treasury: |
| |||||||
| |||||||
1 | (1) The Roadside Monarch Habitat Fund. All money in | ||||||
2 | the Roadside Monarch Habitat Fund shall be paid as grants | ||||||
3 | to the Illinois Department of Natural Resources to fund | ||||||
4 | roadside monarch and other pollinator habitat development, | ||||||
5 | enhancement, and restoration projects in this State. | ||||||
6 | (2) The Prostate Cancer Awareness Fund. All money in | ||||||
7 | the Prostate Cancer Awareness Fund shall be paid as grants | ||||||
8 | to the Prostate Cancer Foundation of Chicago. | ||||||
9 | (3) The Horsemen's Council of Illinois Fund. All money | ||||||
10 | in the Horsemen's Council of Illinois Fund shall be paid | ||||||
11 | as grants to the Horsemen's Council of Illinois. | ||||||
12 | (4) The Post-Traumatic Stress Disorder Awareness Fund. | ||||||
13 | All money in the Post-Traumatic Stress Disorder Awareness | ||||||
14 | Fund shall be paid as grants to K9s for Veterans, NFP for | ||||||
15 | support, education, and awareness of veterans with | ||||||
16 | post-traumatic stress disorder. | ||||||
17 | (5) The Guide Dogs of America Fund. All money in the | ||||||
18 | Guide Dogs of America Fund shall be paid as grants to the | ||||||
19 | International Guiding Eyes, Inc., doing business as Guide | ||||||
20 | Dogs of America. | ||||||
21 | (6) The Mechanics Training Fund. All money in the | ||||||
22 | Mechanics Training Fund shall be paid as grants to the | ||||||
23 | Mechanics Local 701 Training Fund. | ||||||
24 | (7) The Theresa Tracy Trot - Illinois CancerCare | ||||||
25 | Foundation Fund. All money in the Theresa Tracy Trot - | ||||||
26 | Illinois CancerCare Foundation Fund shall be paid to the |
| |||||||
| |||||||
1 | Illinois CancerCare Foundation for the purpose of | ||||||
2 | furthering pancreatic cancer research. | ||||||
3 | (8) The Developmental Disabilities Awareness Fund. All | ||||||
4 | money in the Developmental Disabilities Awareness Fund | ||||||
5 | shall
be paid as grants to the Illinois Department of | ||||||
6 | Human Services to fund legal aid groups to assist with | ||||||
7 | guardianship fees for private citizens willing to become | ||||||
8 | guardians for individuals with developmental disabilities | ||||||
9 | but who are unable to pay the legal fees associated with | ||||||
10 | becoming a guardian. | ||||||
11 | (9) The Pediatric Cancer Awareness Fund. All money in | ||||||
12 | the Pediatric Cancer Awareness Fund shall
be paid as | ||||||
13 | grants to the Cancer Center at Illinois for pediatric | ||||||
14 | cancer treatment and research. | ||||||
15 | (10) The Folds of Honor Foundation Fund. All money in | ||||||
16 | the Folds of Honor Foundation Fund shall be paid as grants | ||||||
17 | to the Folds of Honor Foundation to aid in providing | ||||||
18 | educational scholarships to military families. | ||||||
19 | (11) (10) The Experimental Aircraft Association Fund. | ||||||
20 | All money in the Experimental Aircraft Association Fund | ||||||
21 | shall be paid, subject to appropriation by the General | ||||||
22 | Assembly and distribution by the Secretary, as grants to | ||||||
23 | promote recreational aviation. | ||||||
24 | (12) (10) The Child Abuse Council of the Quad Cities | ||||||
25 | Fund. All money in the Child Abuse Council of the Quad | ||||||
26 | Cities Fund shall be paid as grants to benefit the Child |
| |||||||
| |||||||
1 | Abuse Council of the Quad Cities. | ||||||
2 | (13) (10) The Illinois Health Care Workers Benefit | ||||||
3 | Fund. All money in the Illinois Health Care Workers | ||||||
4 | Benefit Fund shall be paid as grants to the Trinity Health | ||||||
5 | Foundation for the benefit of health care workers, | ||||||
6 | doctors, nurses, and others who work in the health care | ||||||
7 | industry in this State. | ||||||
8 | (Source: P.A. 101-248, eff. 1-1-20; 101-256, eff. 1-1-20; | ||||||
9 | 101-276, eff. 8-9-19; 101-282, eff. 1-1-20; 101-372, eff. | ||||||
10 | 1-1-20; 102-383, eff. 1-1-22; 102-422, eff. 8-20-21; 102-423, | ||||||
11 | eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff. 8-20-21; | ||||||
12 | revised 9-22-21.)
| ||||||
13 | (625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
| ||||||
14 | Sec. 5-102. Used vehicle dealers must be licensed.
| ||||||
15 | (a) No person, other than a licensed new vehicle dealer, | ||||||
16 | shall engage in
the business of selling or dealing in, on | ||||||
17 | consignment or otherwise, 5 or
more used vehicles of any make | ||||||
18 | during the year (except house trailers as
authorized by | ||||||
19 | paragraph (j) of this Section and rebuilt salvage vehicles
| ||||||
20 | sold by their rebuilders to persons licensed under this | ||||||
21 | Chapter), or act as
an intermediary, agent or broker for any | ||||||
22 | licensed dealer or vehicle
purchaser (other than as a | ||||||
23 | salesperson) or represent or advertise that he
is so engaged | ||||||
24 | or intends to so engage in such business unless licensed to
do | ||||||
25 | so by the Secretary of State under the provisions of this |
| |||||||
| |||||||
1 | Section.
| ||||||
2 | (b) An application for a used vehicle dealer's license | ||||||
3 | shall be
filed with the Secretary of State, duly verified by | ||||||
4 | oath, in such form
as the Secretary of State may by rule or | ||||||
5 | regulation prescribe and shall
contain:
| ||||||
6 | 1. The name and type of business organization | ||||||
7 | established and additional
places of business, if any, in | ||||||
8 | this State.
| ||||||
9 | 2. If the applicant is a corporation, a list of its | ||||||
10 | officers,
directors, and shareholders having a ten percent | ||||||
11 | or greater ownership
interest in the corporation, setting | ||||||
12 | forth the residence address of
each; if the applicant is a | ||||||
13 | sole proprietorship, a partnership, an
unincorporated | ||||||
14 | association, a trust, or any similar form of business
| ||||||
15 | organization, the names and residence address of the | ||||||
16 | proprietor or of
each partner, member, officer, director, | ||||||
17 | trustee , or manager.
| ||||||
18 | 3. A statement that the applicant has been approved | ||||||
19 | for registration
under the Retailers' Occupation Tax Act | ||||||
20 | by the Department of Revenue. However,
this requirement | ||||||
21 | does not apply to a dealer who is already licensed
| ||||||
22 | hereunder with the Secretary of State, and who is merely | ||||||
23 | applying for a
renewal of his license. As evidence of this | ||||||
24 | fact, the application shall be
accompanied by a | ||||||
25 | certification from the Department of Revenue showing that
| ||||||
26 | the Department has approved the applicant for registration |
| |||||||
| |||||||
1 | under the
Retailers' Occupation Tax Act.
| ||||||
2 | 4. A statement that the applicant has complied with | ||||||
3 | the appropriate
liability insurance requirement. A | ||||||
4 | Certificate of Insurance in a solvent
company authorized | ||||||
5 | to do business in the State of Illinois shall be included
| ||||||
6 | with each application covering each location at which he | ||||||
7 | proposes to act
as a used vehicle dealer. The policy must | ||||||
8 | provide liability coverage in
the minimum amounts of | ||||||
9 | $100,000 for bodily injury to, or death of, any person,
| ||||||
10 | $300,000 for bodily injury to, or death of, two or more | ||||||
11 | persons in any one
accident, and $50,000 for damage to | ||||||
12 | property. Such policy shall expire
not sooner than | ||||||
13 | December 31 of the year for which the license was issued
or | ||||||
14 | renewed. The expiration of the insurance policy shall not | ||||||
15 | terminate
the liability under the policy arising during | ||||||
16 | the period for which the policy
was filed. Trailer and | ||||||
17 | mobile home dealers are exempt from this requirement.
| ||||||
18 | If the permitted user has a liability insurance policy | ||||||
19 | that provides
automobile
liability insurance coverage of | ||||||
20 | at least $100,000 for bodily injury to or the
death of any
| ||||||
21 | person, $300,000 for bodily injury to or the death of any 2 | ||||||
22 | or more persons in
any one
accident, and $50,000 for | ||||||
23 | damage to property,
then the permitted user's insurer | ||||||
24 | shall be the primary
insurer and the
dealer's insurer | ||||||
25 | shall be the secondary insurer. If the permitted user does | ||||||
26 | not
have a liability
insurance policy that provides |
| |||||||
| |||||||
1 | automobile liability insurance coverage of at
least
| ||||||
2 | $100,000 for bodily injury to or the death of any person, | ||||||
3 | $300,000 for bodily
injury to or
the death of any 2 or more | ||||||
4 | persons in any one accident, and $50,000 for damage
to
| ||||||
5 | property, or does not have any insurance at all,
then the
| ||||||
6 | dealer's
insurer shall be the primary insurer and the | ||||||
7 | permitted user's insurer shall be
the secondary
insurer.
| ||||||
8 | When a permitted user is "test driving" a used vehicle | ||||||
9 | dealer's automobile,
the used vehicle dealer's insurance | ||||||
10 | shall be primary and the permitted user's
insurance shall | ||||||
11 | be secondary.
| ||||||
12 | As used in this paragraph 4, a "permitted user" is a | ||||||
13 | person who, with the
permission of the used vehicle dealer | ||||||
14 | or an employee of the used vehicle
dealer, drives a | ||||||
15 | vehicle owned and held for sale or lease by the used | ||||||
16 | vehicle
dealer which the person is considering to purchase | ||||||
17 | or lease, in order to
evaluate the performance, | ||||||
18 | reliability, or condition of the vehicle.
The term | ||||||
19 | "permitted user" also includes a person who, with the | ||||||
20 | permission of
the used
vehicle dealer, drives a vehicle | ||||||
21 | owned or held for sale or lease by the used
vehicle dealer
| ||||||
22 | for loaner purposes while the user's vehicle is being | ||||||
23 | repaired or evaluated.
| ||||||
24 | As used in this paragraph 4, "test driving" occurs | ||||||
25 | when a permitted user
who,
with the permission of the used | ||||||
26 | vehicle dealer or an employee of the used
vehicle
dealer, |
| |||||||
| |||||||
1 | drives a vehicle owned and held for sale or lease by a used | ||||||
2 | vehicle
dealer that the person is considering to purchase | ||||||
3 | or lease, in order to
evaluate the performance, | ||||||
4 | reliability, or condition of the
vehicle.
| ||||||
5 | As used in this paragraph 4, "loaner purposes" means | ||||||
6 | when a person who,
with the permission of the used vehicle | ||||||
7 | dealer, drives a vehicle owned or held
for sale or lease by | ||||||
8 | the used vehicle dealer while the
user's vehicle is being | ||||||
9 | repaired or evaluated.
| ||||||
10 | 5. An application for a used vehicle dealer's license | ||||||
11 | shall be
accompanied by the following license fees:
| ||||||
12 | (A) $1,000 for applicant's established place of | ||||||
13 | business, and
$50 for
each additional place of | ||||||
14 | business, if any, to which the application
pertains; | ||||||
15 | however, if the application is made after June 15 of | ||||||
16 | any
year, the license fee shall be $500 for | ||||||
17 | applicant's established
place of
business plus $25 for | ||||||
18 | each additional place of business, if any,
to
which | ||||||
19 | the application pertains. License fees shall be | ||||||
20 | returnable only in
the event that the application is | ||||||
21 | denied by
the Secretary of State. Of the money | ||||||
22 | received by the Secretary of State as
license fees | ||||||
23 | under this subparagraph (A) for the 2004 licensing | ||||||
24 | year and thereafter, 95%
shall be deposited into the | ||||||
25 | General Revenue Fund.
| ||||||
26 | (B) Except for dealers selling 25 or fewer |
| |||||||
| |||||||
1 | automobiles or as provided in subsection (h) of | ||||||
2 | Section 5-102.7 of this Code, an Annual Dealer | ||||||
3 | Recovery Fund Fee in the amount of $500 for the | ||||||
4 | applicant's established place of business, and $50 for | ||||||
5 | each additional place of business, if any, to which | ||||||
6 | the application pertains; but if the application is | ||||||
7 | made after June 15 of any year, the fee shall be $250 | ||||||
8 | for the applicant's established place of business plus | ||||||
9 | $25 for each additional place of business, if any, to | ||||||
10 | which the application pertains. For a license renewal | ||||||
11 | application, the fee shall be based on the amount of | ||||||
12 | automobiles sold in the past year according to the | ||||||
13 | following formula: | ||||||
14 | (1) $0 for dealers selling 25 or less | ||||||
15 | automobiles; | ||||||
16 | (2) $150 for dealers selling more than 25 but | ||||||
17 | less than 200 automobiles; | ||||||
18 | (3) $300 for dealers selling 200 or more | ||||||
19 | automobiles but less than 300 automobiles; and | ||||||
20 | (4) $500 for dealers selling 300 or more | ||||||
21 | automobiles. | ||||||
22 | License fees shall be returnable only in the event | ||||||
23 | that the application is denied by the Secretary of | ||||||
24 | State. Moneys received under this subparagraph (B) | ||||||
25 | shall be deposited into the Dealer Recovery Trust | ||||||
26 | Fund. |
| |||||||
| |||||||
1 | 6. A statement that the applicant's officers, | ||||||
2 | directors, shareholders
having a 10% or greater ownership | ||||||
3 | interest therein, proprietor, partner,
member, officer, | ||||||
4 | director, trustee, manager , or other principals in the
| ||||||
5 | business have not committed in the past 3 years any one | ||||||
6 | violation as
determined in any civil, criminal , or | ||||||
7 | administrative proceedings of any one
of the following | ||||||
8 | Acts:
| ||||||
9 | (A) The Anti-Theft Laws of the Illinois Vehicle | ||||||
10 | Code;
| ||||||
11 | (B) The Certificate of Title Laws of the Illinois | ||||||
12 | Vehicle Code;
| ||||||
13 | (C) The Offenses against Registration and | ||||||
14 | Certificates of Title
Laws of the Illinois Vehicle | ||||||
15 | Code;
| ||||||
16 | (D) The Dealers, Transporters, Wreckers and | ||||||
17 | Rebuilders Laws of the
Illinois Vehicle Code;
| ||||||
18 | (E) Section 21-2 of the Illinois Criminal Code of | ||||||
19 | 1961 or the Criminal Code of 2012, Criminal
Trespass | ||||||
20 | to Vehicles; or
| ||||||
21 | (F) The Retailers' Occupation Tax Act.
| ||||||
22 | 7. A statement that the applicant's officers, | ||||||
23 | directors,
shareholders having a 10% or greater ownership | ||||||
24 | interest therein,
proprietor, partner, member, officer, | ||||||
25 | director, trustee, manager , or
other principals in the | ||||||
26 | business have not committed in any calendar year
3 or more |
| |||||||
| |||||||
1 | violations, as determined in any civil , or criminal , or
| ||||||
2 | administrative proceedings, of any one or more of the | ||||||
3 | following Acts:
| ||||||
4 | (A) The Consumer Finance Act;
| ||||||
5 | (B) The Consumer Installment Loan Act;
| ||||||
6 | (C) The Retail Installment Sales Act;
| ||||||
7 | (D) The Motor Vehicle Retail Installment Sales | ||||||
8 | Act;
| ||||||
9 | (E) The Interest Act;
| ||||||
10 | (F) The Illinois Wage Assignment Act;
| ||||||
11 | (G) Part 8 of Article XII of the Code of Civil | ||||||
12 | Procedure; or
| ||||||
13 | (H) The Consumer Fraud and Deceptive Business | ||||||
14 | Practices Act.
| ||||||
15 | 7.5. A statement that, within 10 years of application,
| ||||||
16 | each officer, director, shareholder having a
10% or | ||||||
17 | greater ownership interest therein, proprietor,
partner, | ||||||
18 | member, officer, director, trustee, manager, or
other | ||||||
19 | principal in the business of the applicant has not | ||||||
20 | committed, as determined
in any civil, criminal, or | ||||||
21 | administrative proceeding, in
any calendar year one or | ||||||
22 | more
forcible felonies under the Criminal Code of 1961 or | ||||||
23 | the
Criminal Code of 2012, or a violation of either or both | ||||||
24 | Article 16 or 17 of the Criminal Code of 1961 or a | ||||||
25 | violation of either or both Article 16 or 17 of the | ||||||
26 | Criminal Code of 2012, Article 29B of the Criminal Code of |
| |||||||
| |||||||
1 | 1961 or the Criminal Code of 2012, or a similar | ||||||
2 | out-of-state offense.
For the purposes of this paragraph, | ||||||
3 | "forcible felony" has
the meaning provided in Section 2-8 | ||||||
4 | of the Criminal Code
of 2012. | ||||||
5 | 8. A bond or Certificate of Deposit in the amount of | ||||||
6 | $50,000 for
each location at which the applicant intends | ||||||
7 | to act as a used vehicle
dealer. The bond shall be for the | ||||||
8 | term of the license, or its renewal, for
which application | ||||||
9 | is made, and shall expire not sooner than December 31 of
| ||||||
10 | the year for which the license was issued or renewed. The | ||||||
11 | bond shall run
to the People of the State of Illinois, with | ||||||
12 | surety by a bonding or
insurance company authorized to do | ||||||
13 | business in this State. It shall be
conditioned upon the | ||||||
14 | proper transmittal of all title and registration fees
and | ||||||
15 | taxes (excluding taxes under the Retailers' Occupation Tax | ||||||
16 | Act) accepted
by the applicant as a used vehicle dealer.
| ||||||
17 | 9. Such other information concerning the business of | ||||||
18 | the applicant as
the Secretary of State may by rule or | ||||||
19 | regulation prescribe.
| ||||||
20 | 10. A statement that the applicant understands Chapter | ||||||
21 | 1 through
Chapter 5 of this Code.
| ||||||
22 | 11. A copy of the certification from the prelicensing | ||||||
23 | education
program. | ||||||
24 | 12. The full name, address, and contact information of | ||||||
25 | each of the dealer's agents or legal representatives who | ||||||
26 | is an Illinois resident and liable for the performance of |
| |||||||
| |||||||
1 | the dealership. | ||||||
2 | (c) Any change which renders no longer accurate any | ||||||
3 | information
contained in any application for a used vehicle | ||||||
4 | dealer's license shall
be amended within 30 days after the | ||||||
5 | occurrence of each change on such
form as the Secretary of | ||||||
6 | State may prescribe by rule or regulation,
accompanied by an | ||||||
7 | amendatory fee of $2.
| ||||||
8 | (d) Anything in this Chapter to the contrary | ||||||
9 | notwithstanding, no
person shall be licensed as a used vehicle | ||||||
10 | dealer unless such person
maintains an established place of | ||||||
11 | business as
defined in this Chapter.
| ||||||
12 | (e) The Secretary of State shall, within a reasonable time | ||||||
13 | after
receipt, examine an application submitted to him under | ||||||
14 | this Section.
Unless the Secretary makes a determination that | ||||||
15 | the application
submitted to him does not conform to this | ||||||
16 | Section or that grounds exist
for a denial of the application | ||||||
17 | under Section 5-501 of this Chapter, he
must grant the | ||||||
18 | applicant an original used vehicle dealer's license in
writing | ||||||
19 | for his established place of business and a supplemental | ||||||
20 | license
in writing for each additional place of business in | ||||||
21 | such form as he may
prescribe by rule or regulation which shall | ||||||
22 | include the following:
| ||||||
23 | 1. The name of the person licensed;
| ||||||
24 | 2. If a corporation, the name and address of its | ||||||
25 | officers or if a
sole proprietorship, a partnership, an | ||||||
26 | unincorporated association or any
similar form of business |
| |||||||
| |||||||
1 | organization, the name and address of the
proprietor or of | ||||||
2 | each partner, member, officer, director, trustee , or
| ||||||
3 | manager;
| ||||||
4 | 3. In case of an original license, the established | ||||||
5 | place of business
of the licensee;
| ||||||
6 | 4. In the case of a supplemental license, the | ||||||
7 | established place of
business of the licensee and the | ||||||
8 | additional place of business to which such
supplemental | ||||||
9 | license pertains;
| ||||||
10 | 5. The full name, address, and contact information of | ||||||
11 | each of the dealer's agents or legal representatives who | ||||||
12 | is an Illinois resident and liable for the performance of | ||||||
13 | the dealership. | ||||||
14 | (f) The appropriate instrument evidencing the license or a | ||||||
15 | certified
copy thereof, provided by the Secretary of State | ||||||
16 | shall be kept posted,
conspicuously, in the established place | ||||||
17 | of business of the licensee and
in each additional place of | ||||||
18 | business, if any, maintained by such
licensee.
| ||||||
19 | (g) Except as provided in subsection (h) of this Section, | ||||||
20 | all used
vehicle dealer's licenses granted under this Section | ||||||
21 | expire by operation
of law on December 31 of the calendar year | ||||||
22 | for which they are granted
unless sooner revoked or cancelled | ||||||
23 | under Section 5-501 of this Chapter.
| ||||||
24 | (h) A used vehicle dealer's license may be renewed upon | ||||||
25 | application
and payment of the fee required herein, and | ||||||
26 | submission of proof of
coverage by an approved bond under the |
| |||||||
| |||||||
1 | " Retailers' Occupation Tax Act "
or proof that applicant is not | ||||||
2 | subject to such bonding requirements, as
in the case of an | ||||||
3 | original license, but in case an application for the
renewal | ||||||
4 | of an effective license is made during the month of December,
| ||||||
5 | the effective license shall remain in force until the | ||||||
6 | application for
renewal is granted or denied by the Secretary | ||||||
7 | of State.
| ||||||
8 | (i) All persons licensed as a used vehicle dealer are | ||||||
9 | required to
furnish each purchaser of a motor vehicle:
| ||||||
10 | 1. A certificate of title properly assigned to the | ||||||
11 | purchaser;
| ||||||
12 | 2. A statement verified under oath that all | ||||||
13 | identifying numbers on
the vehicle agree with those on the | ||||||
14 | certificate of title;
| ||||||
15 | 3. A bill of sale properly executed on behalf of such | ||||||
16 | person;
| ||||||
17 | 4. A copy of the Uniform Invoice-transaction reporting | ||||||
18 | return
referred to in Section 5-402 of this Chapter;
| ||||||
19 | 5. In the case of a rebuilt vehicle, a copy of the | ||||||
20 | Disclosure of Rebuilt
Vehicle Status; and
| ||||||
21 | 6. In the case of a vehicle for which the warranty has | ||||||
22 | been reinstated, a
copy of the warranty.
| ||||||
23 | (j) A real estate broker holding a valid certificate of | ||||||
24 | registration issued
pursuant to "The Real Estate Brokers and | ||||||
25 | Salesmen License Act" may engage
in the business of selling or | ||||||
26 | dealing in house trailers not his own without
being licensed |
| |||||||
| |||||||
1 | as a used vehicle dealer under this Section; however such
| ||||||
2 | broker shall maintain a record of the transaction including | ||||||
3 | the following:
| ||||||
4 | (1) the name and address of the buyer and seller,
| ||||||
5 | (2) the date of sale,
| ||||||
6 | (3) a description of the mobile home, including the | ||||||
7 | vehicle identification
number, make, model, and year, and
| ||||||
8 | (4) the Illinois certificate of title number.
| ||||||
9 | The foregoing records shall be available for inspection by | ||||||
10 | any officer
of the Secretary of State's Office at any | ||||||
11 | reasonable hour.
| ||||||
12 | (k) Except at the time of sale or repossession of the | ||||||
13 | vehicle, no
person licensed as a used vehicle dealer may issue | ||||||
14 | any other person a newly
created key to a vehicle unless the | ||||||
15 | used vehicle dealer makes a color photocopy or electronic scan | ||||||
16 | of the
driver's license or State identification card of the | ||||||
17 | person requesting or
obtaining the newly created key. The used | ||||||
18 | vehicle dealer must retain the photocopy or scan
for 30 days.
| ||||||
19 | A used vehicle dealer who violates this subsection (k) is | ||||||
20 | guilty of a
petty offense. Violation of this subsection (k) is | ||||||
21 | not cause to suspend,
revoke, cancel, or deny renewal of the | ||||||
22 | used vehicle dealer's license. | ||||||
23 | (l) Used vehicle dealers licensed under this Section shall | ||||||
24 | provide the Secretary of State a register for the sale at | ||||||
25 | auction of each salvage or junk certificate vehicle. Each | ||||||
26 | register shall include the following information: |
| |||||||
| |||||||
1 | 1. The year, make, model, style , and color of the | ||||||
2 | vehicle; | ||||||
3 | 2. The vehicle's manufacturer's identification number | ||||||
4 | or, if applicable, the Secretary of State or Illinois | ||||||
5 | State Police identification number; | ||||||
6 | 3. The date of acquisition of the vehicle; | ||||||
7 | 4. The name and address of the person from whom the | ||||||
8 | vehicle was acquired; | ||||||
9 | 5. The name and address of the person to whom any | ||||||
10 | vehicle was disposed, the person's Illinois license number | ||||||
11 | or if the person is an out-of-state salvage vehicle buyer, | ||||||
12 | the license number from the state or jurisdiction where | ||||||
13 | the buyer is licensed; and | ||||||
14 | 6. The purchase price of the vehicle. | ||||||
15 | The register shall be submitted to the Secretary of State | ||||||
16 | via written or electronic means within 10 calendar days from | ||||||
17 | the date of the auction.
| ||||||
18 | (m) If a licensee under this Section voluntarily | ||||||
19 | surrenders a license to the Illinois Secretary of State Police | ||||||
20 | or a representative of the Secretary of State Vehicle Services | ||||||
21 | Department due to the licensee's inability to adhere to | ||||||
22 | recordkeeping provisions, or the inability to properly issue | ||||||
23 | certificates of title or registrations under this Code, or the | ||||||
24 | Secretary revokes a license under this Section, then the | ||||||
25 | licensee and the licensee's agent, designee, or legal | ||||||
26 | representative, if applicable, may not be named on a new |
| |||||||
| |||||||
1 | application for a licensee under this Section or under this | ||||||
2 | Chapter, nor is the licensee or the licensee's agent, | ||||||
3 | designee, or legal representative permitted to work for | ||||||
4 | another licensee under this Chapter in a recordkeeping, | ||||||
5 | management, or financial position or as an employee who | ||||||
6 | handles certificate of title and registration documents and | ||||||
7 | applications. | ||||||
8 | (Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22; | ||||||
9 | 102-538, eff. 8-20-21; revised 10-15-21.)
| ||||||
10 | (625 ILCS 5/5-402.1) (from Ch. 95 1/2, par. 5-402.1)
| ||||||
11 | Sec. 5-402.1. Use of Secretary of State Uniform Invoice | ||||||
12 | for Essential
Parts. | ||||||
13 | (a) Except for scrap processors, every person licensed or | ||||||
14 | required
to be licensed under Section 5-101, 5-101.1, 5-102, | ||||||
15 | 5-102.8, or 5-301 of this Code
shall
issue, in a form the | ||||||
16 | Secretary of State may by rule or regulation
prescribe, a | ||||||
17 | Uniform Invoice, which may also act as a bill of sale, with | ||||||
18 | respect to each transaction in which he disposes of
an | ||||||
19 | essential part other than quarter panels and transmissions of | ||||||
20 | vehicles
of the first division. Such Invoice shall be made out | ||||||
21 | at the time of the
disposition of the essential part. If the | ||||||
22 | licensee disposes of several
essential parts in the same | ||||||
23 | transaction, the licensee may issue one Uniform
Invoice | ||||||
24 | covering all essential parts disposed of in that transaction.
| ||||||
25 | (b) The following information shall be contained on the |
| |||||||
| |||||||
1 | Uniform Invoice:
| ||||||
2 | (1) the business name, address , and dealer license | ||||||
3 | number of the person
disposing of the essential part;
| ||||||
4 | (2) the name and address of the person acquiring the | ||||||
5 | essential part,
and if that person is a dealer, the | ||||||
6 | Illinois or out-of-state dealer license
number of that | ||||||
7 | dealer;
| ||||||
8 | (3) the date of the disposition of the essential part;
| ||||||
9 | (4) the year, make, model, color , and description of | ||||||
10 | each essential part
disposed of by the person;
| ||||||
11 | (5) the manufacturer's vehicle identification number, | ||||||
12 | Secretary of State
identification
number , or Illinois | ||||||
13 | State Police identification number ,
for each essential
| ||||||
14 | part disposed of by the person;
| ||||||
15 | (6) the printed name and legible signature of the | ||||||
16 | person or agent disposing of the
essential part; and
| ||||||
17 | (7) if the person is a dealer the printed name and | ||||||
18 | legible
signature of the dealer or his agent or employee | ||||||
19 | accepting
delivery of
the essential part.
| ||||||
20 | (c) Except for scrap processors, and except as set forth | ||||||
21 | in subsection
(d) of this Section, whenever a person licensed | ||||||
22 | or
required to be licensed by Section
5-101, 5-101.1, 5-102, | ||||||
23 | or 5-301 accepts delivery of an essential
part, other than | ||||||
24 | quarter panels and transmissions of vehicles of the
first | ||||||
25 | division, that person shall, at the time of the acceptance or
| ||||||
26 | delivery, comply
with the following procedures:
|
| |||||||
| |||||||
1 | (1) Before acquiring or accepting delivery of any
| ||||||
2 | essential part, the licensee or
his authorized agent or | ||||||
3 | employee shall inspect the part to determine
whether the | ||||||
4 | vehicle identification number, Secretary of State
| ||||||
5 | identification number, Illinois State Police
| ||||||
6 | identification number, or identification plate or sticker | ||||||
7 | attached to or
stamped on any part being acquired or | ||||||
8 | delivered has been removed,
falsified, altered, defaced, | ||||||
9 | destroyed, or tampered with. If the licensee
or his agent | ||||||
10 | or employee determines that the vehicle identification | ||||||
11 | number,
Secretary of State identification number, Illinois | ||||||
12 | State
Police identification number, identification plate | ||||||
13 | or identification
sticker containing an identification | ||||||
14 | number, or Federal Certificate label
of an essential part | ||||||
15 | has been removed, falsified, altered, defaced,
destroyed , | ||||||
16 | or tampered with, the licensee or agent shall not accept | ||||||
17 | or receive
that part.
| ||||||
18 | If that part was physically acquired by or delivered | ||||||
19 | to a licensee or
his agent or employee while that | ||||||
20 | licensee, agent , or employee was outside
this State, that | ||||||
21 | licensee or agent or employee shall not bring that
| ||||||
22 | essential part into this State or cause it to be brought | ||||||
23 | into this State.
| ||||||
24 | (2) If the person disposing of or delivering the | ||||||
25 | essential part to
the licensee is a licensed in-state or | ||||||
26 | out-of-state dealer, the licensee or
his agent or |
| |||||||
| |||||||
1 | employee, after inspecting the essential part as required | ||||||
2 | by
paragraph (1) of this subsection (c), shall examine the | ||||||
3 | Uniform Invoice, or
bill of sale, as the case may be, to | ||||||
4 | ensure that it contains all the
information required to be | ||||||
5 | provided by persons disposing
of essential parts as set | ||||||
6 | forth in subsection (b) of this Section. If the
Uniform | ||||||
7 | Invoice or bill of sale does not contain all the | ||||||
8 | information
required to be listed by subsection (b) of | ||||||
9 | this Section, the dealer
disposing of or delivering such | ||||||
10 | part or his agent or employee shall record
such additional | ||||||
11 | information or other needed modifications on the Uniform
| ||||||
12 | Invoice or bill of sale or, if needed, an attachment | ||||||
13 | thereto. The dealer
or his agent or employee delivering | ||||||
14 | the essential part shall initial all
additions or | ||||||
15 | modifications to the Uniform Invoice or bill of sale and
| ||||||
16 | legibly print his name at the bottom of each document | ||||||
17 | containing his
initials. If the transaction involves a | ||||||
18 | bill of sale rather
than a Uniform Invoice, the licensee | ||||||
19 | or his agent or employee accepting
delivery of or | ||||||
20 | acquiring the essential part shall affix his printed name
| ||||||
21 | and legible signature on the space on the bill of sale | ||||||
22 | provided for his
signature or, if no space is provided, on | ||||||
23 | the back of the bill of sale.
If the dealer or his agent or
| ||||||
24 | employee disposing of or delivering the essential part | ||||||
25 | cannot or does
not provide all the information required by
| ||||||
26 | subsection (b) of this Section, the licensee or his agent |
| |||||||
| |||||||
1 | or employee shall
not accept or receive any essential part | ||||||
2 | for which that required
information is not provided. If | ||||||
3 | such essential part for which the
information required is | ||||||
4 | not fully provided was physically acquired while
the | ||||||
5 | licensee or his agent or employee was outside this State, | ||||||
6 | the licensee
or his agent or employee shall not bring that | ||||||
7 | essential part into this
State or cause it to be brought | ||||||
8 | into this State.
| ||||||
9 | (3) If the person disposing of the essential part is | ||||||
10 | not a licensed
dealer, the licensee or his agent or | ||||||
11 | employee shall, after inspecting the
essential part as | ||||||
12 | required by paragraph (1) of subsection (c) of this
| ||||||
13 | Section verify the identity of the person disposing of
the | ||||||
14 | essential part
by examining 2 sources of identification, | ||||||
15 | one of which shall be either a
driver's license or state | ||||||
16 | identification card. The licensee or his agent
or employee | ||||||
17 | shall then prepare a Uniform Invoice listing all the
| ||||||
18 | information required to be provided by subsection (b) of | ||||||
19 | this Section. In
the space on the Uniform Invoice provided | ||||||
20 | for the dealer license number of
the person disposing of | ||||||
21 | the part, the licensee or his agent or employee
shall list | ||||||
22 | the numbers taken from the documents of identification | ||||||
23 | provided
by the person disposing of the part. The person
| ||||||
24 | disposing of the part
shall affix his printed name and | ||||||
25 | legible signature on the space on the
Uniform Invoice | ||||||
26 | provided for the person disposing of the
essential part |
| |||||||
| |||||||
1 | and
the licensee or his agent or employee acquiring the | ||||||
2 | part shall affix his
printed name and legible signature on | ||||||
3 | the space provided on the Uniform
Invoice for the person | ||||||
4 | acquiring the essential part. If the person
disposing of | ||||||
5 | the essential part cannot or does not provide all the
| ||||||
6 | information required to be provided by this paragraph, or | ||||||
7 | does not present
2 satisfactory forms of identification, | ||||||
8 | the licensee or his agent or
employee shall not acquire | ||||||
9 | that essential part.
| ||||||
10 | (d) If an essential part other than quarter panels and
| ||||||
11 | transmissions of vehicles of the first division was delivered | ||||||
12 | by a licensed commercial
delivery service delivering such part | ||||||
13 | on behalf of a licensed dealer, the
person required to comply | ||||||
14 | with subsection (c) of this Section may conduct
the inspection | ||||||
15 | of that part required by paragraph (1) of subsection (c) and | ||||||
16 | examination
of the Uniform Invoice or bill of sale required by | ||||||
17 | paragraph (2) of subsection (c) of
this Section immediately | ||||||
18 | after the acceptance of the part.
| ||||||
19 | (1) If the inspection of the essential part pursuant | ||||||
20 | to paragraph (1) of subsection
(c) reveals that the | ||||||
21 | vehicle identification number, Secretary of State
| ||||||
22 | identification number, Illinois State Police | ||||||
23 | identification
number, identification plate or sticker | ||||||
24 | containing an identification
number, or Federal | ||||||
25 | Certificate label of an essential part has been removed,
| ||||||
26 | falsified, altered, defaced, destroyed , or tampered with, |
| |||||||
| |||||||
1 | the licensee or
his agent shall immediately record such | ||||||
2 | fact on the Uniform Invoice or bill
of sale, assign the | ||||||
3 | part an inventory or stock number, place such inventory
or | ||||||
4 | stock number on both the essential part and the Uniform | ||||||
5 | Invoice or bill
of sale, and record the date of the | ||||||
6 | inspection of the part on the Uniform
Invoice or bill of | ||||||
7 | sale.
The licensee shall, within 7 days of such | ||||||
8 | inspection, return such part to
the dealer from whom it | ||||||
9 | was acquired.
| ||||||
10 | (2) If the examination of the Uniform Invoice or bill | ||||||
11 | of sale pursuant
to paragraph (2) of subsection (c) | ||||||
12 | reveals that any of the information required to be
listed | ||||||
13 | by subsection (b) of this Section is missing, the licensee | ||||||
14 | or person
required to be licensed shall immediately assign | ||||||
15 | a stock or inventory
number to such part, place such stock | ||||||
16 | or inventory number on both the
essential part and the | ||||||
17 | Uniform Invoice or bill of sale, and record the date
of | ||||||
18 | examination on the Uniform Invoice or bill of sale. The | ||||||
19 | licensee or
person required to be licensed shall acquire | ||||||
20 | the information missing from
the Uniform Invoice or bill | ||||||
21 | of sale within 7 days of the examination of
such Uniform | ||||||
22 | Invoice or bill of sale. Such information may be received | ||||||
23 | by
telephone conversation with the dealer from whom the | ||||||
24 | part was acquired. If
the dealer provides the missing | ||||||
25 | information the licensee shall record such
information on | ||||||
26 | the Uniform Invoice or bill of sale along with the name of
|
| |||||||
| |||||||
1 | the person providing the information. If the dealer does | ||||||
2 | not provide the
required information within the | ||||||
3 | aforementioned 7-day 7 day period, the licensee
shall | ||||||
4 | return the part to that dealer.
| ||||||
5 | (e) Except for scrap processors, all persons licensed or | ||||||
6 | required to
be licensed who acquire or
dispose of essential | ||||||
7 | parts other than quarter panels and transmissions of
vehicles | ||||||
8 | of the first division shall retain a copy of the Uniform | ||||||
9 | Invoice
required to be made by subsections (a), (b) , and (c) of | ||||||
10 | this Section for a
period of 3 years.
| ||||||
11 | (f) Except for scrap processors, any person licensed or | ||||||
12 | required to
be licensed under Section Sections 5-101,
5-102 , | ||||||
13 | or 5-301 who knowingly fails to record on a Uniform Invoice any | ||||||
14 | of the
information or entries required to be recorded by | ||||||
15 | subsections (a), (b) , and
(c) of this Section, or who | ||||||
16 | knowingly places false entries or other misleading
information | ||||||
17 | on such Uniform Invoice, or who knowingly fails to retain for 3 | ||||||
18 | years a
copy of a Uniform Invoice reflecting transactions | ||||||
19 | required to be recorded
by subsections (a), (b) , and (c) of | ||||||
20 | this Section, or who knowingly acquires or
disposes of | ||||||
21 | essential parts without receiving, issuing, or executing a
| ||||||
22 | Uniform Invoice reflecting that transaction as required by | ||||||
23 | subsections (a),
(b) , and (c) of this Section, or who brings or | ||||||
24 | causes to be brought into
this State essential parts for which | ||||||
25 | the information required to be
recorded on a Uniform Invoice | ||||||
26 | is not recorded as prohibited by subsection
(c) of this |
| |||||||
| |||||||
1 | Section, or who knowingly fails to comply with the provisions | ||||||
2 | of
this
Section in any other manner shall be guilty of a Class | ||||||
3 | 2 felony. Each
violation shall constitute a separate and | ||||||
4 | distinct offense and a separate
count may be brought in the | ||||||
5 | same indictment or information for each
essential part for | ||||||
6 | which a record was not kept as required by this Section
or for | ||||||
7 | which the person failed to comply with other provisions of | ||||||
8 | this
Section.
| ||||||
9 | (g) The records required to be kept by this Section
may be | ||||||
10 | examined by a person or persons making a lawful
inspection of | ||||||
11 | the licensee's premises pursuant to Section 5-403.
| ||||||
12 | (h) The records required to be kept by this Section shall | ||||||
13 | be retained by
the licensee at his principal place of business | ||||||
14 | for a period of 3 years.
| ||||||
15 | (i) The requirements of this Section shall not apply to | ||||||
16 | the disposition
of an essential part other than a cowl which | ||||||
17 | has been damaged or altered to
a state in which it can no | ||||||
18 | longer be returned to a usable condition and
which is being | ||||||
19 | sold or transferred to a scrap processor or for delivery to
a | ||||||
20 | scrap processor.
| ||||||
21 | (Source: P.A. 101-505, eff. 1-1-20; 102-318, eff. 1-1-22; | ||||||
22 | 102-538, eff. 8-20-21; revised 9-21-21.)
| ||||||
23 | (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
| ||||||
24 | Sec. 6-106.1. School bus driver permit.
| ||||||
25 | (a) The Secretary of State shall issue a school bus driver
|
| |||||||
| |||||||
1 | permit to those applicants who have met all the requirements | ||||||
2 | of the
application and screening process under this Section to | ||||||
3 | insure the
welfare and safety of children who are transported | ||||||
4 | on school buses
throughout the State of Illinois. Applicants | ||||||
5 | shall obtain the
proper application required by the Secretary | ||||||
6 | of State from their
prospective or current employer and submit | ||||||
7 | the completed
application to the prospective or current | ||||||
8 | employer along
with the necessary fingerprint submission as | ||||||
9 | required by the Illinois
State Police to conduct fingerprint | ||||||
10 | based criminal background
checks on current and future | ||||||
11 | information available in the state
system and current | ||||||
12 | information available through the Federal Bureau
of | ||||||
13 | Investigation's system. Applicants who have completed the
| ||||||
14 | fingerprinting requirements shall not be subjected to the
| ||||||
15 | fingerprinting process when applying for subsequent permits or
| ||||||
16 | submitting proof of successful completion of the annual | ||||||
17 | refresher
course. Individuals who on July 1, 1995 (the | ||||||
18 | effective date of Public Act 88-612) possess a valid
school | ||||||
19 | bus driver permit that has been previously issued by the | ||||||
20 | appropriate
Regional School Superintendent are not subject to | ||||||
21 | the fingerprinting
provisions of this Section as long as the | ||||||
22 | permit remains valid and does not
lapse. The applicant shall | ||||||
23 | be required to pay all related
application and fingerprinting | ||||||
24 | fees as established by rule
including, but not limited to, the | ||||||
25 | amounts established by the Illinois
State Police and the | ||||||
26 | Federal Bureau of Investigation to process
fingerprint based |
| |||||||
| |||||||
1 | criminal background investigations. All fees paid for
| ||||||
2 | fingerprint processing services under this Section shall be | ||||||
3 | deposited into the
State Police Services Fund for the cost | ||||||
4 | incurred in processing the fingerprint
based criminal | ||||||
5 | background investigations. All other fees paid under this
| ||||||
6 | Section shall be deposited into the Road
Fund for the purpose | ||||||
7 | of defraying the costs of the Secretary of State in
| ||||||
8 | administering this Section. All applicants must:
| ||||||
9 | 1. be 21 years of age or older;
| ||||||
10 | 2. possess a valid and properly classified driver's | ||||||
11 | license
issued by the Secretary of State;
| ||||||
12 | 3. possess a valid driver's license, which has not | ||||||
13 | been
revoked, suspended, or canceled for 3 years | ||||||
14 | immediately prior to
the date of application, or have not | ||||||
15 | had his or her commercial motor vehicle
driving privileges
| ||||||
16 | disqualified within the 3 years immediately prior to the | ||||||
17 | date of application;
| ||||||
18 | 4. successfully pass a written test, administered by | ||||||
19 | the
Secretary of State, on school bus operation, school | ||||||
20 | bus safety, and
special traffic laws relating to school | ||||||
21 | buses and submit to a review
of the applicant's driving | ||||||
22 | habits by the Secretary of State at the time the
written | ||||||
23 | test is given;
| ||||||
24 | 5. demonstrate ability to exercise reasonable care in | ||||||
25 | the operation of
school buses in accordance with rules | ||||||
26 | promulgated by the Secretary of State;
|
| |||||||
| |||||||
1 | 6. demonstrate physical fitness to operate school | ||||||
2 | buses by
submitting the results of a medical examination, | ||||||
3 | including tests for drug
use for each applicant not | ||||||
4 | subject to such testing pursuant to
federal law, conducted | ||||||
5 | by a licensed physician, a licensed advanced practice | ||||||
6 | registered nurse, or a licensed physician assistant
within | ||||||
7 | 90 days of the date
of application according to standards | ||||||
8 | promulgated by the Secretary of State;
| ||||||
9 | 7. affirm under penalties of perjury that he or she | ||||||
10 | has not made a
false statement or knowingly concealed a | ||||||
11 | material fact
in any application for permit;
| ||||||
12 | 8. have completed an initial classroom course, | ||||||
13 | including first aid
procedures, in school bus driver | ||||||
14 | safety as promulgated by the Secretary of
State; and after | ||||||
15 | satisfactory completion of said initial course an annual
| ||||||
16 | refresher course; such courses and the agency or | ||||||
17 | organization conducting such
courses shall be approved by | ||||||
18 | the Secretary of State; failure to
complete the annual | ||||||
19 | refresher course, shall result in
cancellation of the | ||||||
20 | permit until such course is completed;
| ||||||
21 | 9. not have been under an order of court supervision | ||||||
22 | for or convicted of 2 or more serious traffic offenses, as
| ||||||
23 | defined by rule, within one year prior to the date of | ||||||
24 | application that may
endanger the life or safety of any of | ||||||
25 | the driver's passengers within the
duration of the permit | ||||||
26 | period;
|
| |||||||
| |||||||
1 | 10. not have been under an order of court supervision | ||||||
2 | for or convicted of reckless driving, aggravated reckless | ||||||
3 | driving, driving while under the influence of alcohol, | ||||||
4 | other drug or drugs, intoxicating compound or compounds or | ||||||
5 | any combination thereof, or reckless homicide resulting | ||||||
6 | from the operation of a motor
vehicle within 3 years of the | ||||||
7 | date of application;
| ||||||
8 | 11. not have been convicted of committing or | ||||||
9 | attempting
to commit any
one or more of the following | ||||||
10 | offenses: (i) those offenses defined in
Sections 8-1, | ||||||
11 | 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, | ||||||
12 | 10-2, 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, | ||||||
13 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, | ||||||
14 | 11-6.6,
11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, | ||||||
15 | 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, | ||||||
16 | 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2,
| ||||||
17 | 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, | ||||||
18 | 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, | ||||||
19 | 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
| ||||||
20 | 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.3, 12-6, 12-6.2, | ||||||
21 | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, | ||||||
22 | 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5, | ||||||
23 | 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
18-1,
| ||||||
24 | 18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, | ||||||
25 | 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, | ||||||
26 | 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
|
| |||||||
| |||||||
1 | 33A-2, and 33D-1, in subsection (A), clauses (a) and (b), | ||||||
2 | of Section 24-3, and those offenses contained in Article | ||||||
3 | 29D of the Criminal Code of 1961 or the Criminal Code of | ||||||
4 | 2012; (ii) those offenses defined in the
Cannabis Control | ||||||
5 | Act except those offenses defined in subsections (a) and
| ||||||
6 | (b) of Section 4, and subsection (a) of Section 5 of the | ||||||
7 | Cannabis Control
Act; (iii) those offenses defined in the | ||||||
8 | Illinois Controlled Substances
Act; (iv) those offenses | ||||||
9 | defined in the Methamphetamine Control and Community | ||||||
10 | Protection Act; and (v) any offense committed or attempted | ||||||
11 | in any other state or against
the laws of the United | ||||||
12 | States, which if committed or attempted in this
State | ||||||
13 | would be punishable as one or more of the foregoing | ||||||
14 | offenses; (vi)
the offenses defined in Section 4.1 and 5.1 | ||||||
15 | of the Wrongs to Children Act or Section 11-9.1A of the | ||||||
16 | Criminal Code of 1961 or the Criminal Code of 2012; (vii) | ||||||
17 | those offenses defined in Section 6-16 of the Liquor | ||||||
18 | Control Act of
1934;
and (viii) those offenses defined in | ||||||
19 | the Methamphetamine Precursor Control Act;
| ||||||
20 | 12. not have been repeatedly involved as a driver in | ||||||
21 | motor vehicle
collisions or been repeatedly convicted of | ||||||
22 | offenses against
laws and ordinances regulating the | ||||||
23 | movement of traffic, to a degree which
indicates lack of | ||||||
24 | ability to exercise ordinary and reasonable care in the
| ||||||
25 | safe operation of a motor vehicle or disrespect for the | ||||||
26 | traffic laws and
the safety of other persons upon the |
| |||||||
| |||||||
1 | highway;
| ||||||
2 | 13. not have, through the unlawful operation of a | ||||||
3 | motor
vehicle, caused an accident resulting in the death | ||||||
4 | of any person;
| ||||||
5 | 14. not have, within the last 5 years, been adjudged | ||||||
6 | to be
afflicted with or suffering from any mental | ||||||
7 | disability or disease;
| ||||||
8 | 15. consent, in writing, to the release of results of | ||||||
9 | reasonable suspicion drug and alcohol testing under | ||||||
10 | Section 6-106.1c of this Code by the employer of the | ||||||
11 | applicant to the Secretary of State; and | ||||||
12 | 16. not have been convicted of committing or | ||||||
13 | attempting to commit within the last 20 years: (i) an | ||||||
14 | offense defined in subsection (c) of Section 4, subsection | ||||||
15 | (b) of Section 5, and subsection (a) of Section 8 of the | ||||||
16 | Cannabis Control Act; or (ii) any offenses in any other | ||||||
17 | state or against the laws of the United States that, if | ||||||
18 | committed or attempted in this State, would be punishable | ||||||
19 | as one or more of the foregoing offenses. | ||||||
20 | (b) A school bus driver permit shall be valid for a period | ||||||
21 | specified by
the Secretary of State as set forth by rule. It | ||||||
22 | shall be renewable upon compliance with subsection (a) of this
| ||||||
23 | Section.
| ||||||
24 | (c) A school bus driver permit shall contain the holder's | ||||||
25 | driver's
license number, legal name, residence address, zip | ||||||
26 | code, and date
of birth, a brief description of the holder and |
| |||||||
| |||||||
1 | a space for signature. The
Secretary of State may require a | ||||||
2 | suitable photograph of the holder.
| ||||||
3 | (d) The employer shall be responsible for conducting a | ||||||
4 | pre-employment
interview with prospective school bus driver | ||||||
5 | candidates, distributing school
bus driver applications and | ||||||
6 | medical forms to be completed by the applicant, and
submitting | ||||||
7 | the applicant's fingerprint cards to the Illinois State Police
| ||||||
8 | that are required for the criminal background investigations. | ||||||
9 | The employer
shall certify in writing to the Secretary of | ||||||
10 | State that all pre-employment
conditions have been | ||||||
11 | successfully completed including the successful completion
of | ||||||
12 | an Illinois specific criminal background investigation through | ||||||
13 | the Illinois
State Police and the submission of necessary
| ||||||
14 | fingerprints to the Federal Bureau of Investigation for | ||||||
15 | criminal
history information available through the Federal | ||||||
16 | Bureau of
Investigation system. The applicant shall present | ||||||
17 | the
certification to the Secretary of State at the time of | ||||||
18 | submitting
the school bus driver permit application.
| ||||||
19 | (e) Permits shall initially be provisional upon receiving
| ||||||
20 | certification from the employer that all pre-employment | ||||||
21 | conditions
have been successfully completed, and upon | ||||||
22 | successful completion of
all training and examination | ||||||
23 | requirements for the classification of
the vehicle to be | ||||||
24 | operated, the Secretary of State shall
provisionally issue a | ||||||
25 | School Bus Driver Permit. The permit shall
remain in a | ||||||
26 | provisional status pending the completion of the
Federal |
| |||||||
| |||||||
1 | Bureau of Investigation's criminal background investigation | ||||||
2 | based
upon fingerprinting specimens submitted to the Federal | ||||||
3 | Bureau of
Investigation by the Illinois State Police. The | ||||||
4 | Federal Bureau of
Investigation shall report the findings | ||||||
5 | directly to the Secretary
of State. The Secretary of State | ||||||
6 | shall remove the bus driver
permit from provisional status | ||||||
7 | upon the applicant's successful
completion of the Federal | ||||||
8 | Bureau of Investigation's criminal
background investigation.
| ||||||
9 | (f) A school bus driver permit holder shall notify the
| ||||||
10 | employer and the Secretary of State if he or she is issued an | ||||||
11 | order of court supervision for or convicted in
another state | ||||||
12 | of an offense that would make him or her ineligible
for a | ||||||
13 | permit under subsection (a) of this Section. The
written | ||||||
14 | notification shall be made within 5 days of the entry of
the | ||||||
15 | order of court supervision or conviction. Failure of the | ||||||
16 | permit holder to provide the
notification is punishable as a | ||||||
17 | petty
offense for a first violation and a Class B misdemeanor | ||||||
18 | for a
second or subsequent violation.
| ||||||
19 | (g) Cancellation; suspension; notice and procedure.
| ||||||
20 | (1) The Secretary of State shall cancel a school bus
| ||||||
21 | driver permit of an applicant whose criminal background | ||||||
22 | investigation
discloses that he or she is not in | ||||||
23 | compliance with the provisions of subsection
(a) of this | ||||||
24 | Section.
| ||||||
25 | (2) The Secretary of State shall cancel a school
bus | ||||||
26 | driver permit when he or she receives notice that the |
| |||||||
| |||||||
1 | permit holder fails
to comply with any provision of this | ||||||
2 | Section or any rule promulgated for the
administration of | ||||||
3 | this Section.
| ||||||
4 | (3) The Secretary of State shall cancel a school bus
| ||||||
5 | driver permit if the permit holder's restricted commercial | ||||||
6 | or
commercial driving privileges are withdrawn or | ||||||
7 | otherwise
invalidated.
| ||||||
8 | (4) The Secretary of State may not issue a school bus
| ||||||
9 | driver permit for a period of 3 years to an applicant who | ||||||
10 | fails to
obtain a negative result on a drug test as | ||||||
11 | required in item 6 of
subsection (a) of this Section or | ||||||
12 | under federal law.
| ||||||
13 | (5) The Secretary of State shall forthwith suspend
a | ||||||
14 | school bus driver permit for a period of 3 years upon | ||||||
15 | receiving
notice that the holder has failed to obtain a | ||||||
16 | negative result on a
drug test as required in item 6 of | ||||||
17 | subsection (a) of this Section
or under federal law.
| ||||||
18 | (6) The Secretary of State shall suspend a school bus | ||||||
19 | driver permit for a period of 3 years upon receiving | ||||||
20 | notice from the employer that the holder failed to perform | ||||||
21 | the inspection procedure set forth in subsection (a) or | ||||||
22 | (b) of Section 12-816 of this Code. | ||||||
23 | (7) The Secretary of State shall suspend a school bus | ||||||
24 | driver permit for a period of 3 years upon receiving | ||||||
25 | notice from the employer that the holder refused to submit | ||||||
26 | to an alcohol or drug test as required by Section 6-106.1c |
| |||||||
| |||||||
1 | or has submitted to a test required by that Section which | ||||||
2 | disclosed an alcohol concentration of more than 0.00 or | ||||||
3 | disclosed a positive result on a National Institute on | ||||||
4 | Drug Abuse five-drug panel, utilizing federal standards | ||||||
5 | set forth in 49 CFR 40.87. | ||||||
6 | The Secretary of State shall notify the State | ||||||
7 | Superintendent
of Education and the permit holder's | ||||||
8 | prospective or current
employer that the applicant has (1) has | ||||||
9 | failed a criminal
background investigation or (2) is no
longer | ||||||
10 | eligible for a school bus driver permit; and of the related
| ||||||
11 | cancellation of the applicant's provisional school bus driver | ||||||
12 | permit. The
cancellation shall remain in effect pending the | ||||||
13 | outcome of a
hearing pursuant to Section 2-118 of this Code. | ||||||
14 | The scope of the
hearing shall be limited to the issuance | ||||||
15 | criteria contained in
subsection (a) of this Section. A | ||||||
16 | petition requesting a
hearing shall be submitted to the | ||||||
17 | Secretary of State and shall
contain the reason the individual | ||||||
18 | feels he or she is entitled to a
school bus driver permit. The | ||||||
19 | permit holder's
employer shall notify in writing to the | ||||||
20 | Secretary of State
that the employer has certified the removal | ||||||
21 | of the offending school
bus driver from service prior to the | ||||||
22 | start of that school bus
driver's next workshift. An employing | ||||||
23 | school board that fails to
remove the offending school bus | ||||||
24 | driver from service is
subject to the penalties defined in | ||||||
25 | Section 3-14.23 of the School Code. A
school bus
contractor | ||||||
26 | who violates a provision of this Section is
subject to the |
| |||||||
| |||||||
1 | penalties defined in Section 6-106.11.
| ||||||
2 | All valid school bus driver permits issued under this | ||||||
3 | Section
prior to January 1, 1995, shall remain effective until | ||||||
4 | their
expiration date unless otherwise invalidated.
| ||||||
5 | (h) When a school bus driver permit holder who is a service | ||||||
6 | member is called to active duty, the employer of the permit | ||||||
7 | holder shall notify the Secretary of State, within 30 days of | ||||||
8 | notification from the permit holder, that the permit holder | ||||||
9 | has been called to active duty. Upon notification pursuant to | ||||||
10 | this subsection, (i) the Secretary of State shall characterize | ||||||
11 | the permit as inactive until a permit holder renews the permit | ||||||
12 | as provided in subsection (i) of this Section, and (ii) if a | ||||||
13 | permit holder fails to comply with the requirements of this | ||||||
14 | Section while called to active duty, the Secretary of State | ||||||
15 | shall not characterize the permit as invalid. | ||||||
16 | (i) A school bus driver permit holder who is a service | ||||||
17 | member returning from active duty must, within 90 days, renew | ||||||
18 | a permit characterized as inactive pursuant to subsection (h) | ||||||
19 | of this Section by complying with the renewal requirements of | ||||||
20 | subsection (b) of this Section. | ||||||
21 | (j) For purposes of subsections (h) and (i) of this | ||||||
22 | Section: | ||||||
23 | "Active duty" means active duty pursuant to an executive | ||||||
24 | order of the President of the United States, an act of the | ||||||
25 | Congress of the United States, or an order of the Governor. | ||||||
26 | "Service member" means a member of the Armed Services or |
| |||||||
| |||||||
1 | reserve forces of the United States or a member of the Illinois | ||||||
2 | National Guard. | ||||||
3 | (k) A private carrier employer of a school bus driver | ||||||
4 | permit holder, having satisfied the employer requirements of | ||||||
5 | this Section, shall be held to a standard of ordinary care for | ||||||
6 | intentional acts committed in the course of employment by the | ||||||
7 | bus driver permit holder. This subsection (k) shall in no way | ||||||
8 | limit the liability of the private carrier employer for | ||||||
9 | violation of any provision of this Section or for the | ||||||
10 | negligent hiring or retention of a school bus driver permit | ||||||
11 | holder. | ||||||
12 | (Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21; | ||||||
13 | 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; revised | ||||||
14 | 10-13-21.) | ||||||
15 | (625 ILCS 5/6-107.5) | ||||||
16 | Sec. 6-107.5. Adult Driver Education Course. | ||||||
17 | (a) The Secretary shall establish by rule the curriculum | ||||||
18 | and designate the materials to be used in an adult driver | ||||||
19 | education course. The course shall be at least 6 hours in | ||||||
20 | length and shall include instruction on traffic laws; highway | ||||||
21 | signs, signals, and markings that regulate, warn, or direct | ||||||
22 | traffic; issues commonly associated with motor vehicle | ||||||
23 | accidents including poor decision-making, risk taking, | ||||||
24 | impaired driving, distraction, speed, failure to use a safety | ||||||
25 | belt, driving at night, failure to yield the right-of-way, |
| |||||||
| |||||||
1 | texting while driving, using wireless communication devices, | ||||||
2 | and alcohol and drug awareness; and instruction on law | ||||||
3 | enforcement procedures during traffic stops, including actions | ||||||
4 | that a motorist should take during a traffic stop and | ||||||
5 | appropriate interactions with law enforcement officers. The | ||||||
6 | curriculum shall not require the operation of a motor vehicle. | ||||||
7 | (b) The Secretary shall certify course providers. The | ||||||
8 | requirements to be a certified course provider, the process | ||||||
9 | for applying for certification, and the procedure for | ||||||
10 | decertifying a course provider shall be established by rule. | ||||||
11 | (b-5) In order to qualify for certification as an adult | ||||||
12 | driver education course provider, each applicant must | ||||||
13 | authorize an investigation that includes a fingerprint-based | ||||||
14 | background check to determine if the applicant has ever been | ||||||
15 | convicted of a criminal offense and, if so, the disposition of | ||||||
16 | any conviction. This authorization shall indicate the scope of | ||||||
17 | the inquiry and the agencies that may be contacted. Upon | ||||||
18 | receiving this authorization, the Secretary of State may | ||||||
19 | request and receive information and assistance from any | ||||||
20 | federal, State, or local governmental agency as part of the | ||||||
21 | authorized investigation. Each applicant shall submit his or | ||||||
22 | her fingerprints to the Illinois State Police in the form and | ||||||
23 | manner prescribed by the Illinois State Police. These | ||||||
24 | fingerprints shall be checked against fingerprint records now | ||||||
25 | and hereafter filed in the Illinois State Police and Federal | ||||||
26 | Bureau of Investigation criminal history record databases. The |
| |||||||
| |||||||
1 | Illinois State Police shall charge applicants a fee for | ||||||
2 | conducting the criminal history record check, which shall be | ||||||
3 | deposited into the State Police Services Fund and shall not | ||||||
4 | exceed the actual cost of the State and national criminal | ||||||
5 | history record check. The Illinois State Police shall furnish, | ||||||
6 | pursuant to positive identification, records of Illinois | ||||||
7 | criminal convictions to the Secretary and shall forward the | ||||||
8 | national criminal history record information to the Secretary. | ||||||
9 | Applicants shall pay any other fingerprint-related fees. | ||||||
10 | Unless otherwise prohibited by law, the information derived | ||||||
11 | from the investigation, including the source of the | ||||||
12 | information and any conclusions or recommendations derived | ||||||
13 | from the information by the Secretary of State, shall be | ||||||
14 | provided to the applicant upon request to the Secretary of | ||||||
15 | State prior to any final action by the Secretary of State on | ||||||
16 | the application. Any criminal conviction information obtained | ||||||
17 | by the Secretary of State shall be confidential and may not be | ||||||
18 | transmitted outside the Office of the Secretary of State, | ||||||
19 | except as required by this subsection (b-5), and may not be | ||||||
20 | transmitted to anyone within the Office of the Secretary of | ||||||
21 | State except as needed for the purpose of evaluating the | ||||||
22 | applicant. At any administrative hearing held under Section | ||||||
23 | 2-118 of this Code relating to the denial, cancellation, | ||||||
24 | suspension, or revocation of certification of an adult driver | ||||||
25 | education course provider, the Secretary of State may utilize | ||||||
26 | at that hearing any criminal history, criminal conviction, and |
| |||||||
| |||||||
1 | disposition information obtained under this subsection (b-5). | ||||||
2 | The information obtained from the investigation may be | ||||||
3 | maintained by the Secretary of State or any agency to which the | ||||||
4 | information was transmitted. Only information and standards | ||||||
5 | which bear a reasonable and rational relation to the | ||||||
6 | performance of providing adult driver education shall be used | ||||||
7 | by the Secretary of State. Any employee of the Secretary of | ||||||
8 | State who gives or causes to be given away any confidential | ||||||
9 | information concerning any criminal convictions or disposition | ||||||
10 | of criminal convictions of an applicant shall be guilty of a | ||||||
11 | Class A misdemeanor unless release of the information is | ||||||
12 | authorized by this Section. | ||||||
13 | (c) The Secretary may permit a course provider to offer | ||||||
14 | the course online, if the Secretary is satisfied the course | ||||||
15 | provider has established adequate procedures for verifying: | ||||||
16 | (1) the identity of the person taking the course | ||||||
17 | online; and | ||||||
18 | (2) the person completes the entire course. | ||||||
19 | (d) The Secretary shall establish a method of electronic | ||||||
20 | verification of a student's successful completion of the | ||||||
21 | course. | ||||||
22 | (e) The fee charged by the course provider must bear a | ||||||
23 | reasonable relationship to the cost of the course. The | ||||||
24 | Secretary shall post on the Secretary of State's website a | ||||||
25 | list of approved course providers, the fees charged by the | ||||||
26 | providers, and contact information for each provider. |
| |||||||
| |||||||
1 | (f) In addition to any other fee charged by the course | ||||||
2 | provider, the course provider shall collect a fee of $5 from | ||||||
3 | each student to offset the costs incurred by the Secretary in | ||||||
4 | administering this program. The $5 shall be submitted to the | ||||||
5 | Secretary within 14 days of the day on which it was collected. | ||||||
6 | All such fees received by the Secretary shall be deposited in | ||||||
7 | the Secretary of State Driver Services Administration Fund.
| ||||||
8 | (Source: P.A. 102-455, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
9 | revised 10-12-21.)
| ||||||
10 | (625 ILCS 5/6-206)
| ||||||
11 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
12 | license or
permit; right to a hearing.
| ||||||
13 | (a) The Secretary of State is authorized to suspend or | ||||||
14 | revoke the
driving privileges of any person without | ||||||
15 | preliminary hearing upon a showing
of the person's records or | ||||||
16 | other sufficient evidence that
the person:
| ||||||
17 | 1. Has committed an offense for which mandatory | ||||||
18 | revocation of
a driver's license or permit is required | ||||||
19 | upon conviction;
| ||||||
20 | 2. Has been convicted of not less than 3 offenses | ||||||
21 | against traffic
regulations governing the movement of | ||||||
22 | vehicles committed within any 12-month period. No | ||||||
23 | revocation or suspension shall be entered more than
6 | ||||||
24 | months after the date of last conviction;
| ||||||
25 | 3. Has been repeatedly involved as a driver in motor |
| |||||||
| |||||||
1 | vehicle
collisions or has been repeatedly convicted of | ||||||
2 | offenses against laws and
ordinances regulating the | ||||||
3 | movement of traffic, to a degree that
indicates lack of | ||||||
4 | ability to exercise ordinary and reasonable care in
the | ||||||
5 | safe operation of a motor vehicle or disrespect for the | ||||||
6 | traffic laws
and the safety of other persons upon the | ||||||
7 | highway;
| ||||||
8 | 4. Has by the unlawful operation of a motor vehicle | ||||||
9 | caused or
contributed to an accident resulting in injury | ||||||
10 | requiring
immediate professional treatment in a medical | ||||||
11 | facility or doctor's office
to any person, except that any | ||||||
12 | suspension or revocation imposed by the
Secretary of State | ||||||
13 | under the provisions of this subsection shall start no
| ||||||
14 | later than 6 months after being convicted of violating a | ||||||
15 | law or
ordinance regulating the movement of traffic, which | ||||||
16 | violation is related
to the accident, or shall start not | ||||||
17 | more than one year
after
the date of the accident, | ||||||
18 | whichever date occurs later;
| ||||||
19 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
20 | driver's
license, identification card, or permit;
| ||||||
21 | 6. Has been lawfully convicted of an offense or | ||||||
22 | offenses in another
state, including the authorization | ||||||
23 | contained in Section 6-203.1, which
if committed within | ||||||
24 | this State would be grounds for suspension or revocation;
| ||||||
25 | 7. Has refused or failed to submit to an examination | ||||||
26 | provided for by
Section 6-207 or has failed to pass the |
| |||||||
| |||||||
1 | examination;
| ||||||
2 | 8. Is ineligible for a driver's license or permit | ||||||
3 | under the provisions
of Section 6-103;
| ||||||
4 | 9. Has made a false statement or knowingly concealed a | ||||||
5 | material fact
or has used false information or | ||||||
6 | identification in any application for a
license, | ||||||
7 | identification card, or permit;
| ||||||
8 | 10. Has possessed, displayed, or attempted to | ||||||
9 | fraudulently use any
license, identification card, or | ||||||
10 | permit not issued to the person;
| ||||||
11 | 11. Has operated a motor vehicle upon a highway of | ||||||
12 | this State when
the person's driving privilege or | ||||||
13 | privilege to obtain a driver's license
or permit was | ||||||
14 | revoked or suspended unless the operation was authorized | ||||||
15 | by
a monitoring device driving permit, judicial driving | ||||||
16 | permit issued prior to January 1, 2009, probationary | ||||||
17 | license to drive, or restricted
driving permit issued | ||||||
18 | under this Code;
| ||||||
19 | 12. Has submitted to any portion of the application | ||||||
20 | process for
another person or has obtained the services of | ||||||
21 | another person to submit to
any portion of the application | ||||||
22 | process for the purpose of obtaining a
license, | ||||||
23 | identification card, or permit for some other person;
| ||||||
24 | 13. Has operated a motor vehicle upon a highway of | ||||||
25 | this State when
the person's driver's license or permit | ||||||
26 | was invalid under the provisions of
Sections 6-107.1 and
|
| |||||||
| |||||||
1 | 6-110;
| ||||||
2 | 14. Has committed a violation of Section 6-301, | ||||||
3 | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | ||||||
4 | 14B of the Illinois Identification Card
Act;
| ||||||
5 | 15. Has been convicted of violating Section 21-2 of | ||||||
6 | the Criminal Code
of 1961 or the Criminal Code of 2012 | ||||||
7 | relating to criminal trespass to vehicles if the person | ||||||
8 | exercised actual physical control over the vehicle during | ||||||
9 | the commission of the offense, in which case the | ||||||
10 | suspension
shall be for one year;
| ||||||
11 | 16. Has been convicted of violating Section 11-204 of | ||||||
12 | this Code relating
to fleeing from a peace officer;
| ||||||
13 | 17. Has refused to submit to a test, or tests, as | ||||||
14 | required under Section
11-501.1 of this Code and the | ||||||
15 | person has not sought a hearing as
provided for in Section | ||||||
16 | 11-501.1;
| ||||||
17 | 18. (Blank);
| ||||||
18 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
19 | of Section 6-101
relating to driving without a driver's | ||||||
20 | license;
| ||||||
21 | 20. Has been convicted of violating Section 6-104 | ||||||
22 | relating to
classification of driver's license;
| ||||||
23 | 21. Has been convicted of violating Section 11-402 of
| ||||||
24 | this Code relating to leaving the scene of an accident | ||||||
25 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
26 | which case the suspension shall be
for one year;
|
| |||||||
| |||||||
1 | 22. Has used a motor vehicle in violating paragraph | ||||||
2 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
3 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
4 | relating
to unlawful use of weapons, in which case the | ||||||
5 | suspension shall be for one
year;
| ||||||
6 | 23. Has, as a driver, been convicted of committing a | ||||||
7 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
8 | for a second or subsequent
time within one year of a | ||||||
9 | similar violation;
| ||||||
10 | 24. Has been convicted by a court-martial or punished | ||||||
11 | by non-judicial
punishment by military authorities of the | ||||||
12 | United States at a military
installation in Illinois or in | ||||||
13 | another state of or for a traffic-related offense that is | ||||||
14 | the
same as or similar to an offense specified under | ||||||
15 | Section 6-205 or 6-206 of
this Code;
| ||||||
16 | 25. Has permitted any form of identification to be | ||||||
17 | used by another in
the application process in order to | ||||||
18 | obtain or attempt to obtain a license,
identification | ||||||
19 | card, or permit;
| ||||||
20 | 26. Has altered or attempted to alter a license or has | ||||||
21 | possessed an
altered license, identification card, or | ||||||
22 | permit;
| ||||||
23 | 27. (Blank);
| ||||||
24 | 28. Has been convicted for a first time of the illegal | ||||||
25 | possession, while operating or
in actual physical control, | ||||||
26 | as a driver, of a motor vehicle, of any
controlled |
| |||||||
| |||||||
1 | substance prohibited under the Illinois Controlled | ||||||
2 | Substances
Act, any cannabis prohibited under the Cannabis | ||||||
3 | Control
Act, or any methamphetamine prohibited under the | ||||||
4 | Methamphetamine Control and Community Protection Act, in | ||||||
5 | which case the person's driving privileges shall be | ||||||
6 | suspended for
one year.
Any defendant found guilty of this | ||||||
7 | offense while operating a motor vehicle
shall have an | ||||||
8 | entry made in the court record by the presiding judge that
| ||||||
9 | this offense did occur while the defendant was operating a | ||||||
10 | motor vehicle
and order the clerk of the court to report | ||||||
11 | the violation to the Secretary
of State;
| ||||||
12 | 29. Has been convicted of the following offenses that | ||||||
13 | were committed
while the person was operating or in actual | ||||||
14 | physical control, as a driver,
of a motor vehicle: | ||||||
15 | criminal sexual assault,
predatory criminal sexual assault | ||||||
16 | of a child,
aggravated criminal sexual
assault, criminal | ||||||
17 | sexual abuse, aggravated criminal sexual abuse, juvenile
| ||||||
18 | pimping, soliciting for a juvenile prostitute, promoting | ||||||
19 | juvenile prostitution as described in subdivision (a)(1), | ||||||
20 | (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code | ||||||
21 | of 1961 or the Criminal Code of 2012, and the manufacture, | ||||||
22 | sale or
delivery of controlled substances or instruments | ||||||
23 | used for illegal drug use
or abuse in which case the | ||||||
24 | driver's driving privileges shall be suspended
for one | ||||||
25 | year;
| ||||||
26 | 30. Has been convicted a second or subsequent time for |
| |||||||
| |||||||
1 | any
combination of the offenses named in paragraph 29 of | ||||||
2 | this subsection,
in which case the person's driving | ||||||
3 | privileges shall be suspended for 5
years;
| ||||||
4 | 31. Has refused to submit to a test as
required by | ||||||
5 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
6 | Registration and Safety Act or has submitted to a test | ||||||
7 | resulting in
an alcohol concentration of 0.08 or more or | ||||||
8 | any amount of a drug, substance, or
compound resulting | ||||||
9 | from the unlawful use or consumption of cannabis as listed
| ||||||
10 | in the Cannabis Control Act, a controlled substance as | ||||||
11 | listed in the Illinois
Controlled Substances Act, an | ||||||
12 | intoxicating compound as listed in the Use of
Intoxicating | ||||||
13 | Compounds Act, or methamphetamine as listed in the | ||||||
14 | Methamphetamine Control and Community Protection Act, in | ||||||
15 | which case the penalty shall be
as prescribed in Section | ||||||
16 | 6-208.1;
| ||||||
17 | 32. Has been convicted of Section 24-1.2 of the | ||||||
18 | Criminal Code of
1961 or the Criminal Code of 2012 | ||||||
19 | relating to the aggravated discharge of a firearm if the | ||||||
20 | offender was
located in a motor vehicle at the time the | ||||||
21 | firearm was discharged, in which
case the suspension shall | ||||||
22 | be for 3 years;
| ||||||
23 | 33. Has as a driver, who was less than 21 years of age | ||||||
24 | on the date of
the offense, been convicted a first time of | ||||||
25 | a violation of paragraph (a) of
Section 11-502 of this | ||||||
26 | Code or a similar provision of a local ordinance;
|
| |||||||
| |||||||
1 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
2 | this Code or a similar provision of a local ordinance;
| ||||||
3 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
4 | this Code or a similar provision of a local ordinance;
| ||||||
5 | 36. Is under the age of 21 years at the time of arrest | ||||||
6 | and has been
convicted of not less than 2 offenses against | ||||||
7 | traffic regulations governing
the movement of vehicles | ||||||
8 | committed within any 24-month period. No revocation
or | ||||||
9 | suspension shall be entered more than 6 months after the | ||||||
10 | date of last
conviction;
| ||||||
11 | 37. Has committed a violation of subsection (c) of | ||||||
12 | Section 11-907 of this
Code that resulted in damage to the | ||||||
13 | property of another or the death or injury of another;
| ||||||
14 | 38. Has been convicted of a violation of Section 6-20 | ||||||
15 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
16 | a local ordinance and the person was an occupant of a motor | ||||||
17 | vehicle at the time of the violation;
| ||||||
18 | 39. Has committed a second or subsequent violation of | ||||||
19 | Section
11-1201 of this Code;
| ||||||
20 | 40. Has committed a violation of subsection (a-1) of | ||||||
21 | Section 11-908 of
this Code; | ||||||
22 | 41. Has committed a second or subsequent violation of | ||||||
23 | Section 11-605.1 of this Code, a similar provision of a | ||||||
24 | local ordinance, or a similar violation in any other state | ||||||
25 | within 2 years of the date of the previous violation, in | ||||||
26 | which case the suspension shall be for 90 days; |
| |||||||
| |||||||
1 | 42. Has committed a violation of subsection (a-1) of | ||||||
2 | Section 11-1301.3 of this Code or a similar provision of a | ||||||
3 | local ordinance;
| ||||||
4 | 43. Has received a disposition of court supervision | ||||||
5 | for a violation of subsection (a), (d), or (e) of Section | ||||||
6 | 6-20 of the Liquor
Control Act of 1934 or a similar | ||||||
7 | provision of a local ordinance and the person was an | ||||||
8 | occupant of a motor vehicle at the time of the violation, | ||||||
9 | in which case the suspension shall be for a period of 3 | ||||||
10 | months;
| ||||||
11 | 44.
Is under the age of 21 years at the time of arrest | ||||||
12 | and has been convicted of an offense against traffic | ||||||
13 | regulations governing the movement of vehicles after | ||||||
14 | having previously had his or her driving privileges
| ||||||
15 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
16 | Section; | ||||||
17 | 45.
Has, in connection with or during the course of a | ||||||
18 | formal hearing conducted under Section 2-118 of this Code: | ||||||
19 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
20 | falsified documents; (iii) submitted documents that have | ||||||
21 | been materially altered; or (iv) submitted, as his or her | ||||||
22 | own, documents that were in fact prepared or composed for | ||||||
23 | another person; | ||||||
24 | 46. Has committed a violation of subsection (j) of | ||||||
25 | Section 3-413 of this Code;
| ||||||
26 | 47. Has committed a violation of subsection (a) of |
| |||||||
| |||||||
1 | Section 11-502.1 of this Code; | ||||||
2 | 48. Has submitted a falsified or altered medical | ||||||
3 | examiner's certificate to the Secretary of State or | ||||||
4 | provided false information to obtain a medical examiner's | ||||||
5 | certificate; | ||||||
6 | 49. Has been convicted of a violation of Section | ||||||
7 | 11-1002 or 11-1002.5 that resulted in a Type A injury to | ||||||
8 | another, in which case the driving privileges of the | ||||||
9 | person shall be suspended for 12 months; or | ||||||
10 | 50. Has committed a violation of subsection (b-5) of | ||||||
11 | Section 12-610.2 that resulted in great bodily harm, | ||||||
12 | permanent disability, or disfigurement, in which case the | ||||||
13 | driving privileges of the person shall be suspended for 12 | ||||||
14 | months. ; or 50 | ||||||
15 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
16 | and 27 of this
subsection, license means any driver's license, | ||||||
17 | any traffic ticket issued when
the person's driver's license | ||||||
18 | is deposited in lieu of bail, a suspension
notice issued by the | ||||||
19 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
20 | a probationary driver's license, or a temporary driver's | ||||||
21 | license. | ||||||
22 | (b) If any conviction forming the basis of a suspension or
| ||||||
23 | revocation authorized under this Section is appealed, the
| ||||||
24 | Secretary of State may rescind or withhold the entry of the | ||||||
25 | order of suspension
or revocation, as the case may be, | ||||||
26 | provided that a certified copy of a stay
order of a court is |
| |||||||
| |||||||
1 | filed with the Secretary of State. If the conviction is
| ||||||
2 | affirmed on appeal, the date of the conviction shall relate | ||||||
3 | back to the time
the original judgment of conviction was | ||||||
4 | entered and the 6-month limitation
prescribed shall not apply.
| ||||||
5 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
6 | permit of
any person as authorized in this Section, the | ||||||
7 | Secretary of State shall
immediately notify the person in | ||||||
8 | writing of the revocation or suspension.
The notice to be | ||||||
9 | deposited in the United States mail, postage prepaid,
to the | ||||||
10 | last known address of the person.
| ||||||
11 | 2. If the Secretary of State suspends the driver's license
| ||||||
12 | of a person under subsection 2 of paragraph (a) of this | ||||||
13 | Section, a
person's privilege to operate a vehicle as an | ||||||
14 | occupation shall not be
suspended, provided an affidavit is | ||||||
15 | properly completed, the appropriate fee
received, and a permit | ||||||
16 | issued prior to the effective date of the
suspension, unless 5 | ||||||
17 | offenses were committed, at least 2 of which occurred
while | ||||||
18 | operating a commercial vehicle in connection with the driver's
| ||||||
19 | regular occupation. All other driving privileges shall be | ||||||
20 | suspended by the
Secretary of State. Any driver prior to | ||||||
21 | operating a vehicle for
occupational purposes only must submit | ||||||
22 | the affidavit on forms to be
provided by the Secretary of State | ||||||
23 | setting forth the facts of the person's
occupation. The | ||||||
24 | affidavit shall also state the number of offenses
committed | ||||||
25 | while operating a vehicle in connection with the driver's | ||||||
26 | regular
occupation. The affidavit shall be accompanied by the |
| |||||||
| |||||||
1 | driver's license.
Upon receipt of a properly completed | ||||||
2 | affidavit, the Secretary of State
shall issue the driver a | ||||||
3 | permit to operate a vehicle in connection with the
driver's | ||||||
4 | regular occupation only. Unless the permit is issued by the
| ||||||
5 | Secretary of State prior to the date of suspension, the | ||||||
6 | privilege to drive
any motor vehicle shall be suspended as set | ||||||
7 | forth in the notice that was
mailed under this Section. If an | ||||||
8 | affidavit is received subsequent to the
effective date of this | ||||||
9 | suspension, a permit may be issued for the remainder
of the | ||||||
10 | suspension period.
| ||||||
11 | The provisions of this subparagraph shall not apply to any | ||||||
12 | driver
required to possess a CDL for the purpose of operating a | ||||||
13 | commercial motor vehicle.
| ||||||
14 | Any person who falsely states any fact in the affidavit | ||||||
15 | required
herein shall be guilty of perjury under Section 6-302 | ||||||
16 | and upon conviction
thereof shall have all driving privileges | ||||||
17 | revoked without further rights.
| ||||||
18 | 3. At the conclusion of a hearing under Section 2-118 of | ||||||
19 | this Code,
the Secretary of State shall either rescind or | ||||||
20 | continue an order of
revocation or shall substitute an order | ||||||
21 | of suspension; or, good
cause appearing therefor, rescind, | ||||||
22 | continue, change, or extend the
order of suspension. If the | ||||||
23 | Secretary of State does not rescind the order,
the Secretary | ||||||
24 | may upon application,
to relieve undue hardship (as defined by | ||||||
25 | the rules of the Secretary of State), issue
a restricted | ||||||
26 | driving permit granting the privilege of driving a motor
|
| |||||||
| |||||||
1 | vehicle between the petitioner's residence and petitioner's | ||||||
2 | place of
employment or within the scope of the petitioner's | ||||||
3 | employment-related duties, or to
allow the petitioner to | ||||||
4 | transport himself or herself, or a family member of the
| ||||||
5 | petitioner's household to a medical facility, to receive | ||||||
6 | necessary medical care, to allow the petitioner to transport | ||||||
7 | himself or herself to and from alcohol or drug
remedial or | ||||||
8 | rehabilitative activity recommended by a licensed service | ||||||
9 | provider, or to allow the petitioner to transport himself or | ||||||
10 | herself or a family member of the petitioner's household to | ||||||
11 | classes, as a student, at an accredited educational | ||||||
12 | institution, or to allow the petitioner to transport children, | ||||||
13 | elderly persons, or persons with disabilities who do not hold | ||||||
14 | driving privileges and are living in the petitioner's | ||||||
15 | household to and from daycare. The
petitioner must demonstrate | ||||||
16 | that no alternative means of
transportation is reasonably | ||||||
17 | available and that the petitioner will not endanger
the public | ||||||
18 | safety or welfare.
| ||||||
19 | (A) If a person's license or permit is revoked or | ||||||
20 | suspended due to 2
or more convictions of violating | ||||||
21 | Section 11-501 of this Code or a similar
provision of a | ||||||
22 | local ordinance or a similar out-of-state offense, or | ||||||
23 | Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
24 | Code of 2012, where the use of alcohol or other drugs is | ||||||
25 | recited as an element of the offense, or a similar | ||||||
26 | out-of-state offense, or a combination of these offenses, |
| |||||||
| |||||||
1 | arising out
of separate occurrences, that person, if | ||||||
2 | issued a restricted driving permit,
may not operate a | ||||||
3 | vehicle unless it has been equipped with an ignition
| ||||||
4 | interlock device as defined in Section 1-129.1.
| ||||||
5 | (B) If a person's license or permit is revoked or | ||||||
6 | suspended 2 or more
times due to any combination of: | ||||||
7 | (i) a single conviction of violating Section
| ||||||
8 | 11-501 of this Code or a similar provision of a local | ||||||
9 | ordinance or a similar
out-of-state offense or Section | ||||||
10 | 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
11 | of 2012, where the use of alcohol or other drugs is | ||||||
12 | recited as an element of the offense, or a similar | ||||||
13 | out-of-state offense; or | ||||||
14 | (ii) a statutory summary suspension or revocation | ||||||
15 | under Section
11-501.1; or | ||||||
16 | (iii) a suspension under Section 6-203.1; | ||||||
17 | arising out of
separate occurrences; that person, if | ||||||
18 | issued a restricted driving permit, may
not operate a | ||||||
19 | vehicle unless it has been
equipped with an ignition | ||||||
20 | interlock device as defined in Section 1-129.1. | ||||||
21 | (B-5) If a person's license or permit is revoked or | ||||||
22 | suspended due to a conviction for a violation of | ||||||
23 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
24 | of Section 11-501 of this Code, or a similar provision of a | ||||||
25 | local ordinance or similar out-of-state offense, that | ||||||
26 | person, if issued a restricted driving permit, may not |
| |||||||
| |||||||
1 | operate a vehicle unless it has been equipped with an | ||||||
2 | ignition interlock device as defined in Section 1-129.1. | ||||||
3 | (C)
The person issued a permit conditioned upon the | ||||||
4 | use of an ignition interlock device must pay to the | ||||||
5 | Secretary of State DUI Administration Fund an amount
not | ||||||
6 | to exceed $30 per month. The Secretary shall establish by | ||||||
7 | rule the amount
and the procedures, terms, and conditions | ||||||
8 | relating to these fees. | ||||||
9 | (D) If the
restricted driving permit is issued for | ||||||
10 | employment purposes, then the prohibition against | ||||||
11 | operating a motor vehicle that is not equipped with an | ||||||
12 | ignition interlock device does not apply to the operation | ||||||
13 | of an occupational vehicle owned or
leased by that | ||||||
14 | person's employer when used solely for employment | ||||||
15 | purposes. For any person who, within a 5-year period, is | ||||||
16 | convicted of a second or subsequent offense under Section | ||||||
17 | 11-501 of this Code, or a similar provision of a local | ||||||
18 | ordinance or similar out-of-state offense, this employment | ||||||
19 | exemption does not apply until either a one-year period | ||||||
20 | has elapsed during which that person had his or her | ||||||
21 | driving privileges revoked or a one-year period has | ||||||
22 | elapsed during which that person had a restricted driving | ||||||
23 | permit which required the use of an ignition interlock | ||||||
24 | device on every motor vehicle owned or operated by that | ||||||
25 | person. | ||||||
26 | (E) In each case the Secretary may issue a
restricted |
| |||||||
| |||||||
1 | driving permit for a period deemed appropriate, except | ||||||
2 | that all
permits shall expire no later than 2 years from | ||||||
3 | the date of issuance. A
restricted driving permit issued | ||||||
4 | under this Section shall be subject to
cancellation, | ||||||
5 | revocation, and suspension by the Secretary of State in | ||||||
6 | like
manner and for like cause as a driver's license | ||||||
7 | issued under this Code may be
cancelled, revoked, or | ||||||
8 | suspended; except that a conviction upon one or more
| ||||||
9 | offenses against laws or ordinances regulating the | ||||||
10 | movement of traffic
shall be deemed sufficient cause for | ||||||
11 | the revocation, suspension, or
cancellation of a | ||||||
12 | restricted driving permit. The Secretary of State may, as
| ||||||
13 | a condition to the issuance of a restricted driving | ||||||
14 | permit, require the
applicant to participate in a | ||||||
15 | designated driver remedial or rehabilitative
program. The | ||||||
16 | Secretary of State is authorized to cancel a restricted
| ||||||
17 | driving permit if the permit holder does not successfully | ||||||
18 | complete the program.
| ||||||
19 | (F) A person subject to the provisions of paragraph 4 | ||||||
20 | of subsection (b) of Section 6-208 of this Code may make | ||||||
21 | application for a restricted driving permit at a hearing | ||||||
22 | conducted under Section 2-118 of this Code after the | ||||||
23 | expiration of 5 years from the effective date of the most | ||||||
24 | recent revocation or after 5 years from the date of | ||||||
25 | release from a period of imprisonment resulting from a | ||||||
26 | conviction of the most recent offense, whichever is later, |
| |||||||
| |||||||
1 | provided the person, in addition to all other requirements | ||||||
2 | of the Secretary, shows by clear and convincing evidence: | ||||||
3 | (i) a minimum of 3 years of uninterrupted | ||||||
4 | abstinence from alcohol and the unlawful use or | ||||||
5 | consumption of cannabis under the Cannabis Control | ||||||
6 | Act, a controlled substance under the Illinois | ||||||
7 | Controlled Substances Act, an intoxicating compound | ||||||
8 | under the Use of Intoxicating Compounds Act, or | ||||||
9 | methamphetamine under the Methamphetamine Control and | ||||||
10 | Community Protection Act; and | ||||||
11 | (ii) the successful completion of any | ||||||
12 | rehabilitative treatment and involvement in any | ||||||
13 | ongoing rehabilitative activity that may be | ||||||
14 | recommended by a properly licensed service provider | ||||||
15 | according to an assessment of the person's alcohol or | ||||||
16 | drug use under Section 11-501.01 of this Code. | ||||||
17 | In determining whether an applicant is eligible for a | ||||||
18 | restricted driving permit under this subparagraph (F), the | ||||||
19 | Secretary may consider any relevant evidence, including, | ||||||
20 | but not limited to, testimony, affidavits, records, and | ||||||
21 | the results of regular alcohol or drug tests. Persons | ||||||
22 | subject to the provisions of paragraph 4 of subsection (b) | ||||||
23 | of Section 6-208 of this Code and who have been convicted | ||||||
24 | of more than one violation of paragraph (3), paragraph | ||||||
25 | (4), or paragraph (5) of subsection (a) of Section 11-501 | ||||||
26 | of this Code shall not be eligible to apply for a |
| |||||||
| |||||||
1 | restricted driving permit under this subparagraph (F). | ||||||
2 | A restricted driving permit issued under this | ||||||
3 | subparagraph (F) shall provide that the holder may only | ||||||
4 | operate motor vehicles equipped with an ignition interlock | ||||||
5 | device as required under paragraph (2) of subsection (c) | ||||||
6 | of Section 6-205 of this Code and subparagraph (A) of | ||||||
7 | paragraph 3 of subsection (c) of this Section. The | ||||||
8 | Secretary may revoke a restricted driving permit or amend | ||||||
9 | the conditions of a restricted driving permit issued under | ||||||
10 | this subparagraph (F) if the holder operates a vehicle | ||||||
11 | that is not equipped with an ignition interlock device, or | ||||||
12 | for any other reason authorized under this Code. | ||||||
13 | A restricted driving permit issued under this | ||||||
14 | subparagraph (F) shall be revoked, and the holder barred | ||||||
15 | from applying for or being issued a restricted driving | ||||||
16 | permit in the future, if the holder is convicted of a | ||||||
17 | violation of Section 11-501 of this Code, a similar | ||||||
18 | provision of a local ordinance, or a similar offense in | ||||||
19 | another state. | ||||||
20 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
21 | subsection (a), reports received by the Secretary of State | ||||||
22 | under this Section shall, except during the actual time the | ||||||
23 | suspension is in effect, be privileged information and for use | ||||||
24 | only by the courts, police officers, prosecuting authorities, | ||||||
25 | the driver licensing administrator of any other state, the | ||||||
26 | Secretary of State, or the parent or legal guardian of a driver |
| |||||||
| |||||||
1 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
2 | person is a CDL holder, the suspension shall also be made | ||||||
3 | available to the driver licensing administrator of any other | ||||||
4 | state, the U.S. Department of Transportation, and the affected | ||||||
5 | driver or motor
carrier or prospective motor carrier upon | ||||||
6 | request.
| ||||||
7 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
8 | subsection (a), the Secretary of State shall notify the person | ||||||
9 | by mail that his or her driving privileges and driver's | ||||||
10 | license will be suspended one month after the date of the | ||||||
11 | mailing of the notice.
| ||||||
12 | (c-5) The Secretary of State may, as a condition of the | ||||||
13 | reissuance of a
driver's license or permit to an applicant | ||||||
14 | whose driver's license or permit has
been suspended before he | ||||||
15 | or she reached the age of 21 years pursuant to any of
the | ||||||
16 | provisions of this Section, require the applicant to | ||||||
17 | participate in a
driver remedial education course and be | ||||||
18 | retested under Section 6-109 of this
Code.
| ||||||
19 | (d) This Section is subject to the provisions of the | ||||||
20 | Driver License
Compact.
| ||||||
21 | (e) The Secretary of State shall not issue a restricted | ||||||
22 | driving permit to
a person under the age of 16 years whose | ||||||
23 | driving privileges have been suspended
or revoked under any | ||||||
24 | provisions of this Code.
| ||||||
25 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
26 | State may not issue a restricted driving permit for the |
| |||||||
| |||||||
1 | operation of a commercial motor vehicle to a person holding a | ||||||
2 | CDL whose driving privileges have been suspended, revoked, | ||||||
3 | cancelled, or disqualified under any provisions of this Code. | ||||||
4 | (Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20; | ||||||
5 | 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff. | ||||||
6 | 8-6-21; 102-558, eff. 8-20-21; revised 10-28-21.)
| ||||||
7 | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
| ||||||
8 | Sec. 6-508. Commercial Driver's License (CDL); | ||||||
9 | qualification (CDL) - qualification standards.
| ||||||
10 | (a) Testing.
| ||||||
11 | (1) General. No person shall be issued an original or | ||||||
12 | renewal CDL
unless that person is
domiciled in this State | ||||||
13 | or is applying for a non-domiciled CDL under Sections | ||||||
14 | 6-509 and 6-510 of this Code. The Secretary shall cause to | ||||||
15 | be administered such
tests as the Secretary deems | ||||||
16 | necessary to meet the requirements of 49 CFR
C.F.R. Part | ||||||
17 | 383, subparts F, G, H, and J.
| ||||||
18 | (1.5) Effective July 1, 2014, no person shall be | ||||||
19 | issued an original CDL or an upgraded CDL that requires a | ||||||
20 | skills test unless that person has held a CLP, for a | ||||||
21 | minimum of 14 calendar days, for the classification of | ||||||
22 | vehicle and endorsement, if any, for which the person is | ||||||
23 | seeking a CDL. | ||||||
24 | (2) Third party testing. The Secretary of State may | ||||||
25 | authorize a
"third party tester", pursuant to 49 CFR |
| |||||||
| |||||||
1 | C.F.R. 383.75 and 49 CFR C.F.R. 384.228 and 384.229, to | ||||||
2 | administer the
skills test or tests specified by the | ||||||
3 | Federal Motor Carrier Safety
Administration pursuant to | ||||||
4 | the
Commercial Motor Vehicle Safety Act of 1986 and any | ||||||
5 | appropriate federal rule.
| ||||||
6 | (3)(i) Effective February 7, 2020, unless the person | ||||||
7 | is exempted by 49 CFR 380.603, no person shall be issued an | ||||||
8 | original (first time issuance) CDL, an upgraded CDL or a | ||||||
9 | school bus (S), passenger (P), or hazardous Materials (H) | ||||||
10 | endorsement unless the person has successfully completed | ||||||
11 | entry-level driver training (ELDT) taught by a training | ||||||
12 | provider listed on the federal Training Provider Registry. | ||||||
13 | (ii) Persons who obtain a CLP before February 7, 2020 | ||||||
14 | are not required to complete ELDT if the person obtains a | ||||||
15 | CDL before the CLP or renewed CLP expires. | ||||||
16 | (iii) Except for persons seeking the H endorsement, | ||||||
17 | persons must complete the theory and behind-the-wheel | ||||||
18 | (range and public road) portions of ELDT within one year | ||||||
19 | of completing the first portion. | ||||||
20 | (iv) The Secretary shall adopt rules to implement this | ||||||
21 | subsection.
| ||||||
22 | (b) Waiver of Skills Test. The Secretary of State may | ||||||
23 | waive the skills
test specified in this Section for a driver | ||||||
24 | applicant for a commercial driver license
who meets the | ||||||
25 | requirements of 49 CFR C.F.R. 383.77.
The Secretary of State | ||||||
26 | shall waive the skills tests specified in this Section for a |
| |||||||
| |||||||
1 | driver applicant who has military commercial motor vehicle | ||||||
2 | experience, subject to the requirements of 49 CFR C.F.R. | ||||||
3 | 383.77.
| ||||||
4 | (b-1) No person shall be issued a CDL unless the person | ||||||
5 | certifies to the Secretary one of the following types of | ||||||
6 | driving operations in which he or she will be engaged: | ||||||
7 | (1) non-excepted interstate; | ||||||
8 | (2) non-excepted intrastate; | ||||||
9 | (3) excepted interstate; or | ||||||
10 | (4) excepted intrastate. | ||||||
11 | (b-2) (Blank). | ||||||
12 | (c) Limitations on issuance of a CDL. A CDL shall not be | ||||||
13 | issued to a person while the person is
subject to a | ||||||
14 | disqualification from driving a commercial motor vehicle, or
| ||||||
15 | unless otherwise permitted by this Code, while the person's | ||||||
16 | driver's
license is suspended, revoked , or cancelled in
any | ||||||
17 | state, or any territory or province of Canada; nor may a CLP or | ||||||
18 | CDL be issued
to a person who has a CLP or CDL issued by any | ||||||
19 | other state, or foreign
jurisdiction, nor may a CDL be issued | ||||||
20 | to a person who has an Illinois CLP unless the person first | ||||||
21 | surrenders all of these
licenses or permits. However, a person | ||||||
22 | may hold an Illinois CLP and an Illinois CDL providing the CLP | ||||||
23 | is necessary to train or practice for an endorsement or | ||||||
24 | vehicle classification not present on the current CDL. No CDL | ||||||
25 | shall be issued to or renewed for a person who does not
meet | ||||||
26 | the requirement of 49 CFR 391.41(b)(11). The requirement may |
| |||||||
| |||||||
1 | be met with
the aid of a hearing aid.
| ||||||
2 | (c-1) The Secretary may issue a CDL with a school bus | ||||||
3 | driver endorsement
to allow a person to drive the type of bus | ||||||
4 | described in subsection (d-5) of
Section 6-104 of this Code. | ||||||
5 | The CDL with a school bus driver endorsement may be
issued only | ||||||
6 | to a person meeting the following requirements:
| ||||||
7 | (1) the person has submitted his or her fingerprints | ||||||
8 | to the Illinois
State Police in the form and manner
| ||||||
9 | prescribed by the Illinois State Police. These
| ||||||
10 | fingerprints shall be checked against the fingerprint | ||||||
11 | records
now and hereafter filed in the Illinois State | ||||||
12 | Police and
Federal Bureau of Investigation criminal | ||||||
13 | history records databases;
| ||||||
14 | (2) the person has passed a written test, administered | ||||||
15 | by the Secretary of
State, on charter bus operation, | ||||||
16 | charter bus safety, and certain special
traffic laws
| ||||||
17 | relating to school buses determined by the Secretary of | ||||||
18 | State to be relevant to
charter buses, and submitted to a | ||||||
19 | review of the driver applicant's driving
habits by the | ||||||
20 | Secretary of State at the time the written test is given;
| ||||||
21 | (3) the person has demonstrated physical fitness to | ||||||
22 | operate school buses
by
submitting the results of a | ||||||
23 | medical examination, including tests for drug
use; and
| ||||||
24 | (4) the person has not been convicted of committing or | ||||||
25 | attempting
to commit any
one or more of the following | ||||||
26 | offenses: (i) those offenses defined in
Sections 8-1.2, |
| |||||||
| |||||||
1 | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, | ||||||
2 | 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, | ||||||
3 | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
| ||||||
4 | 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, | ||||||
5 | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | ||||||
6 | 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | ||||||
7 | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | ||||||
8 | 11-26, 11-30, 12-2.6, 12-3.1, 12-3.3, 12-4, 12-4.1, | ||||||
9 | 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, | ||||||
10 | 12-4.9, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, | ||||||
11 | 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-21.5, | ||||||
12 | 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, | ||||||
13 | 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
20-1, | ||||||
14 | 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, | ||||||
15 | 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, | ||||||
16 | 24-3.9, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in | ||||||
17 | subsection (b) of Section 8-1, and in subdivisions (a)(1), | ||||||
18 | (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) | ||||||
19 | of Section 12-3.05, and in subsection (a) and subsection | ||||||
20 | (b), clause (1), of Section
12-4, and in subsection (A), | ||||||
21 | clauses (a) and (b), of Section 24-3, and those offenses | ||||||
22 | contained in Article 29D of the Criminal Code of 1961 or | ||||||
23 | the Criminal Code of 2012; (ii) those offenses defined in | ||||||
24 | the
Cannabis Control Act except those offenses defined in | ||||||
25 | subsections (a) and
(b) of Section 4, and subsection (a) | ||||||
26 | of Section 5 of the Cannabis Control
Act; (iii) those |
| |||||||
| |||||||
1 | offenses defined in the Illinois Controlled Substances
| ||||||
2 | Act; (iv) those offenses defined in the Methamphetamine | ||||||
3 | Control and Community Protection Act; (v) any offense | ||||||
4 | committed or attempted in any other state or against
the | ||||||
5 | laws of the United States, which if committed or attempted | ||||||
6 | in this
State would be punishable as one or more of the | ||||||
7 | foregoing offenses; (vi)
the offenses defined in Sections | ||||||
8 | 4.1 and 5.1 of the Wrongs to Children Act or Section | ||||||
9 | 11-9.1A of the Criminal Code of 1961 or the Criminal Code | ||||||
10 | of 2012; (vii) those offenses defined in Section 6-16 of | ||||||
11 | the Liquor Control Act of
1934; and (viii) those offenses | ||||||
12 | defined in the Methamphetamine Precursor Control Act.
| ||||||
13 | The Illinois State Police shall charge
a fee for | ||||||
14 | conducting the criminal history records check, which shall be
| ||||||
15 | deposited into the State Police Services Fund and may not | ||||||
16 | exceed the actual
cost of the records check.
| ||||||
17 | (c-2) The Secretary shall issue a CDL with a school bus | ||||||
18 | endorsement to allow a person to drive a school bus as defined | ||||||
19 | in this Section. The CDL shall be issued according to the | ||||||
20 | requirements outlined in 49 CFR C.F.R. 383. A person may not | ||||||
21 | operate a school bus as defined in this Section without a | ||||||
22 | school bus endorsement. The Secretary of State may adopt rules | ||||||
23 | consistent with Federal guidelines to implement this | ||||||
24 | subsection (c-2).
| ||||||
25 | (d) (Blank).
| ||||||
26 | (Source: P.A. 101-185, eff. 1-1-20; 102-168, eff. 7-27-21; |
| |||||||
| |||||||
1 | 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; revised | ||||||
2 | 10-12-21.)
| ||||||
3 | (625 ILCS 5/11-212)
| ||||||
4 | Sec. 11-212. Traffic and pedestrian stop statistical | ||||||
5 | study.
| ||||||
6 | (a) Whenever a State or local law enforcement officer | ||||||
7 | issues a
uniform traffic citation or warning citation for an | ||||||
8 | alleged
violation of the Illinois Vehicle Code, he or she | ||||||
9 | shall
record at least the following:
| ||||||
10 | (1) the name, address, gender, and
the officer's | ||||||
11 | subjective determination of the race of
the person
| ||||||
12 | stopped; the person's race shall be selected from the | ||||||
13 | following list:
American Indian or Alaska Native, Asian, | ||||||
14 | Black or African American, Hispanic or Latino, Native | ||||||
15 | Hawaiian or Other Pacific Islander, or White;
| ||||||
16 | (2) the alleged traffic violation that led to the
stop | ||||||
17 | of the motorist;
| ||||||
18 | (3) the make and year of the vehicle
stopped;
| ||||||
19 | (4) the date and time of the stop, beginning when the | ||||||
20 | vehicle was stopped and ending when the driver is free to | ||||||
21 | leave or taken into physical custody;
| ||||||
22 | (5) the location of the traffic stop; | ||||||
23 | (5.5) whether or not a consent search contemporaneous | ||||||
24 | to the stop was requested of the vehicle, driver, | ||||||
25 | passenger, or passengers; and, if so, whether consent was |
| |||||||
| |||||||
1 | given or denied;
| ||||||
2 | (6) whether or not a search contemporaneous to the | ||||||
3 | stop was conducted of
the
vehicle, driver, passenger, or | ||||||
4 | passengers; and, if so, whether it was with
consent or by | ||||||
5 | other means; | ||||||
6 | (6.2) whether or not a police dog performed a sniff of | ||||||
7 | the vehicle; and, if so, whether or not the dog alerted to | ||||||
8 | the presence of contraband; and, if so, whether or not an | ||||||
9 | officer searched the vehicle; and, if so, whether or not | ||||||
10 | contraband was discovered; and, if so, the type and amount | ||||||
11 | of contraband; | ||||||
12 | (6.5) whether or not contraband was found during a | ||||||
13 | search; and, if so, the type and amount of contraband | ||||||
14 | seized; and
| ||||||
15 | (7) the name and badge number of the issuing officer.
| ||||||
16 | (b) Whenever a State or local law enforcement officer | ||||||
17 | stops a
motorist for an alleged violation of the Illinois | ||||||
18 | Vehicle Code
and does not issue a uniform traffic citation or
| ||||||
19 | warning citation for an alleged violation of the Illinois
| ||||||
20 | Vehicle Code, he or she shall complete a uniform stop card, | ||||||
21 | which includes
field
contact cards, or any other existing form | ||||||
22 | currently used by law enforcement
containing
information | ||||||
23 | required pursuant to this Act,
that records
at least the | ||||||
24 | following:
| ||||||
25 | (1) the name, address, gender,
and
the officer's | ||||||
26 | subjective determination of the race of the person
|
| |||||||
| |||||||
1 | stopped; the person's race shall be selected from the | ||||||
2 | following list:
American Indian or Alaska Native, Asian, | ||||||
3 | Black or African American, Hispanic or Latino, Native | ||||||
4 | Hawaiian or Other Pacific Islander, or White;
| ||||||
5 | (2) the reason that led to the stop of the
motorist;
| ||||||
6 | (3) the make and year of the vehicle
stopped;
| ||||||
7 | (4) the date and time of the stop, beginning when the | ||||||
8 | vehicle was stopped and ending when the driver is free to | ||||||
9 | leave or taken into physical custody;
| ||||||
10 | (5) the location of the traffic stop; | ||||||
11 | (5.5) whether or not a consent search contemporaneous | ||||||
12 | to the stop was requested of the vehicle, driver, | ||||||
13 | passenger, or passengers; and, if so, whether consent was | ||||||
14 | given or denied;
| ||||||
15 | (6) whether or not a search contemporaneous to the | ||||||
16 | stop was conducted of
the
vehicle, driver, passenger, or | ||||||
17 | passengers; and, if so, whether it was with
consent or by | ||||||
18 | other means; | ||||||
19 | (6.2) whether or not a police dog performed a sniff of | ||||||
20 | the vehicle; and, if so, whether or not the dog alerted to | ||||||
21 | the presence of contraband; and, if so, whether or not an | ||||||
22 | officer searched the vehicle; and, if so, whether or not | ||||||
23 | contraband was discovered; and, if so, the type and amount | ||||||
24 | of contraband; | ||||||
25 | (6.5) whether or not contraband was found during a | ||||||
26 | search; and, if so, the type and amount of contraband |
| |||||||
| |||||||
1 | seized; and
| ||||||
2 | (7) the name and badge number of the issuing
officer.
| ||||||
3 | (b-5) For purposes of this subsection (b-5), "detention" | ||||||
4 | means all frisks, searches, summons, and arrests. Whenever a | ||||||
5 | law enforcement officer subjects a pedestrian to detention in | ||||||
6 | a public place, he or she shall complete a uniform pedestrian | ||||||
7 | stop card, which includes any existing form currently used by | ||||||
8 | law enforcement containing all the information required under | ||||||
9 | this Section, that records at least the following: | ||||||
10 | (1) the gender, and the officer's subjective | ||||||
11 | determination of the race of the person stopped; the | ||||||
12 | person's race shall be selected from the following list: | ||||||
13 | American Indian or Alaska Native, Asian, Black or African | ||||||
14 | American, Hispanic or Latino, Native Hawaiian or Other | ||||||
15 | Pacific Islander, or White; | ||||||
16 | (2) all the alleged reasons that led to the stop of the | ||||||
17 | person; | ||||||
18 | (3) the date and time of the stop; | ||||||
19 | (4) the location of the stop; | ||||||
20 | (5) whether or not a protective pat down or frisk was | ||||||
21 | conducted of the person; and, if so, all the alleged | ||||||
22 | reasons that led to the protective pat down or frisk, and | ||||||
23 | whether it was with consent or by other means; | ||||||
24 | (6) whether or not contraband was found during the | ||||||
25 | protective pat down or frisk; and, if so, the type and | ||||||
26 | amount of contraband seized; |
| |||||||
| |||||||
1 | (7) whether or not a search beyond a protective pat | ||||||
2 | down or frisk was conducted of the person or his or her | ||||||
3 | effects; and, if so, all the alleged reasons that led to | ||||||
4 | the search, and whether it was with consent or by other | ||||||
5 | means; | ||||||
6 | (8) whether or not contraband was found during the | ||||||
7 | search beyond a protective pat down or frisk; and, if so, | ||||||
8 | the type and amount of contraband seized; | ||||||
9 | (9) the disposition of the stop, such as a warning, a | ||||||
10 | ticket, a summons, or an arrest; | ||||||
11 | (10) if a summons or ticket was issued, or an arrest | ||||||
12 | made, a record of the violations, offenses, or crimes | ||||||
13 | alleged or charged; and | ||||||
14 | (11) the name and badge number of the officer who | ||||||
15 | conducted the detention. | ||||||
16 | This subsection (b-5) does not apply to searches or | ||||||
17 | inspections for compliance authorized under the Fish and | ||||||
18 | Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act, | ||||||
19 | or searches or inspections during routine security screenings | ||||||
20 | at facilities or events. | ||||||
21 | (c) The Illinois Department of Transportation shall | ||||||
22 | provide a
standardized law
enforcement data compilation form | ||||||
23 | on its website.
| ||||||
24 | (d) Every law enforcement agency shall, by March 1 with | ||||||
25 | regard to data collected during July through December of the | ||||||
26 | previous calendar year and by August 1 with regard to data |
| |||||||
| |||||||
1 | collected during January through June of the current calendar | ||||||
2 | year, compile the data described in subsections (a), (b), and | ||||||
3 | (b-5) on
the
standardized law enforcement data compilation | ||||||
4 | form provided by the Illinois
Department
of Transportation and | ||||||
5 | transmit the data to the Department.
| ||||||
6 | (e) The Illinois Department of Transportation shall | ||||||
7 | analyze the data
provided
by law
enforcement agencies required | ||||||
8 | by this Section and submit a report of the
previous year's
| ||||||
9 | findings to the
Governor, the General Assembly, the Racial | ||||||
10 | Profiling Prevention and Data Oversight Board, and each law | ||||||
11 | enforcement agency no later than
July 1
of each year. The | ||||||
12 | Illinois Department of
Transportation may contract with
an | ||||||
13 | outside entity for the analysis of the data provided. In | ||||||
14 | analyzing the data
collected
under this Section, the analyzing | ||||||
15 | entity shall scrutinize the data for evidence
of statistically
| ||||||
16 | significant aberrations. The following list, which
is | ||||||
17 | illustrative, and not exclusive, contains examples of areas in | ||||||
18 | which
statistically
significant aberrations may be found:
| ||||||
19 | (1) The percentage of minority drivers, passengers, or | ||||||
20 | pedestrians being stopped in a
given
area
is substantially | ||||||
21 | higher than the proportion of the overall population in or
| ||||||
22 | traveling
through the area that the minority constitutes.
| ||||||
23 | (2) A substantial number of false stops including | ||||||
24 | stops not resulting in
the
issuance of a traffic ticket or | ||||||
25 | the making of an arrest.
| ||||||
26 | (3) A disparity between the proportion of citations |
| |||||||
| |||||||
1 | issued to minorities
and
proportion of minorities in the | ||||||
2 | population.
| ||||||
3 | (4) A disparity among the officers of the same law | ||||||
4 | enforcement agency with
regard to the number of minority | ||||||
5 | drivers, passengers, or pedestrians being stopped in a | ||||||
6 | given
area.
| ||||||
7 | (5) A disparity between the frequency of searches | ||||||
8 | performed on minority
drivers or pedestrians
and the | ||||||
9 | frequency of searches performed on non-minority drivers or | ||||||
10 | pedestrians.
| ||||||
11 | (f) Any law enforcement officer identification information | ||||||
12 | and driver or pedestrian
identification information
that is
| ||||||
13 | compiled by any law enforcement agency or the Illinois | ||||||
14 | Department of
Transportation
pursuant to this Act for
the | ||||||
15 | purposes of fulfilling the requirements of this Section shall | ||||||
16 | be
confidential and exempt
from
public inspection and copying, | ||||||
17 | as provided under Section 7 of the Freedom of
Information
Act,
| ||||||
18 | and the information shall not be transmitted to anyone except | ||||||
19 | as needed to
comply with
this Section. This Section shall not | ||||||
20 | exempt those materials that, prior to the
effective date of | ||||||
21 | this
amendatory Act of the 93rd General Assembly, were | ||||||
22 | available under the Freedom
of
Information Act. This | ||||||
23 | subsection (f) shall not preclude law enforcement agencies | ||||||
24 | from reviewing data to perform internal reviews.
| ||||||
25 | (g) Funding to implement this Section shall come from | ||||||
26 | federal highway
safety
funds available to Illinois, as |
| |||||||
| |||||||
1 | directed by the Governor.
| ||||||
2 | (h) The Illinois Criminal Justice Information Authority, | ||||||
3 | in consultation with
law enforcement agencies, officials, and | ||||||
4 | organizations, including Illinois
chiefs of police,
the | ||||||
5 | Illinois State Police, the Illinois Sheriffs Association, and | ||||||
6 | the
Chicago Police
Department, and community groups and other | ||||||
7 | experts, shall undertake a study to
determine the best use of | ||||||
8 | technology to collect, compile, and analyze the
traffic stop
| ||||||
9 | statistical study data required by this Section. The | ||||||
10 | Department shall report
its findings
and recommendations to | ||||||
11 | the Governor and the General Assembly by March 1, 2022. | ||||||
12 | (h-1) The Traffic and Pedestrian Stop Data Use and | ||||||
13 | Collection Task Force is hereby created. | ||||||
14 | (1) The Task Force shall undertake a study to | ||||||
15 | determine the best use of technology to collect, compile, | ||||||
16 | and analyze the traffic stop statistical study data | ||||||
17 | required by this Section. | ||||||
18 | (2) The Task Force shall be an independent Task Force | ||||||
19 | under the Illinois Criminal Justice Information Authority | ||||||
20 | for administrative purposes, and shall consist of the | ||||||
21 | following members: | ||||||
22 | (A) 2 academics or researchers who have studied | ||||||
23 | issues related to traffic or pedestrian stop data | ||||||
24 | collection and have education or expertise in | ||||||
25 | statistics; | ||||||
26 | (B) one professor from an Illinois university who |
| |||||||
| |||||||
1 | specializes in policing and racial equity; | ||||||
2 | (C) one representative from the Illinois State | ||||||
3 | Police; | ||||||
4 | (D) one representative from the Chicago Police | ||||||
5 | Department; | ||||||
6 | (E) one representative from the Illinois Chiefs of | ||||||
7 | Police; | ||||||
8 | (F) one representative from the Illinois Sheriffs | ||||||
9 | Association; | ||||||
10 | (G) one representative from the Chicago Fraternal | ||||||
11 | Order of Police; | ||||||
12 | (H) one representative from the Illinois Fraternal | ||||||
13 | Order of Police; | ||||||
14 | (I) the Executive Director of the American Civil | ||||||
15 | Liberties Union of Illinois, or his or her designee; | ||||||
16 | and | ||||||
17 | (J) 5 representatives from different community | ||||||
18 | organizations who specialize in civil or human rights, | ||||||
19 | policing, or criminal justice reform work, and that | ||||||
20 | represent a range of minority interests or different | ||||||
21 | parts of the State. | ||||||
22 | (3) The Illinois Criminal Justice Information | ||||||
23 | Authority may consult, contract, work in conjunction with, | ||||||
24 | and obtain any information from any individual, agency, | ||||||
25 | association, or research institution deemed appropriate by | ||||||
26 | the Authority. |
| |||||||
| |||||||
1 | (4) The Task Force shall report its findings and | ||||||
2 | recommendations to the Governor and the General Assembly | ||||||
3 | by March 1, 2022 and every 3 years after. | ||||||
4 | (h-5) For purposes of this Section: | ||||||
5 | (1) "American Indian or Alaska Native" means a person | ||||||
6 | having origins in any of the original peoples of North and | ||||||
7 | South America, including Central America, and who | ||||||
8 | maintains tribal affiliation or community attachment. | ||||||
9 | (2) "Asian" means a person having origins in any of | ||||||
10 | the original peoples of the Far East, Southeast Asia, or | ||||||
11 | the Indian subcontinent, including, but not limited to, | ||||||
12 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
13 | the Philippine Islands, Thailand, and Vietnam. | ||||||
14 | (2.5) "Badge" means an officer's department issued | ||||||
15 | identification number associated with his or her position | ||||||
16 | as a police officer with that department. | ||||||
17 | (3) "Black or African American" means a person having | ||||||
18 | origins in any of the black racial groups of Africa. | ||||||
19 | (4) "Hispanic or Latino" means a person of Cuban, | ||||||
20 | Mexican, Puerto Rican, South or Central American, or other | ||||||
21 | Spanish culture or origin, regardless of race. | ||||||
22 | (5) "Native Hawaiian or Other Pacific Islander" means | ||||||
23 | a person having origins in any of the original peoples of | ||||||
24 | Hawaii, Guam, Samoa, or other Pacific Islands. | ||||||
25 | (6) "White" means a person having origins in any of | ||||||
26 | the original peoples of Europe, the Middle East, or North |
| |||||||
| |||||||
1 | Africa. | ||||||
2 | (i) (Blank).
| ||||||
3 | (Source: P.A. 101-24, eff. 6-21-19; 102-465, eff. 1-1-22; | ||||||
4 | 102-538, eff. 8-20-21; revised 9-21-21.)
| ||||||
5 | (625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
| ||||||
6 | Sec. 11-907. Operation of vehicles and streetcars on | ||||||
7 | approach of authorized
emergency
vehicles. | ||||||
8 | (a) Upon the immediate approach of an authorized emergency | ||||||
9 | vehicle
making use of audible and visual signals meeting the | ||||||
10 | requirements of this
Code or a police vehicle properly and | ||||||
11 | lawfully making use of an audible
or visual signal:
| ||||||
12 | (1) the driver of every other vehicle
shall yield the | ||||||
13 | right-of-way and shall immediately drive to a position
| ||||||
14 | parallel to, and as close as possible to, the right-hand | ||||||
15 | edge or curb of
the highway clear of any intersection and | ||||||
16 | shall, if necessary to permit
the safe passage of the | ||||||
17 | emergency vehicle, stop and remain
in such position until | ||||||
18 | the authorized emergency vehicle has passed, unless
| ||||||
19 | otherwise directed by a police officer; and
| ||||||
20 | (2) the operator of every streetcar shall
immediately | ||||||
21 | stop such
car clear of any intersection and keep it in such | ||||||
22 | position until the
authorized emergency vehicle has | ||||||
23 | passed, unless otherwise
directed by
a police officer.
| ||||||
24 | (b) This Section shall not operate to relieve the driver | ||||||
25 | of an
authorized emergency vehicle from the duty to drive with |
| |||||||
| |||||||
1 | due regard for the
safety of all persons using the highway.
| ||||||
2 | (c) Upon approaching a stationary authorized emergency | ||||||
3 | vehicle, when the
authorized emergency vehicle is giving a | ||||||
4 | signal by displaying alternately
flashing
red, red and white, | ||||||
5 | blue, or red and blue lights or amber or yellow warning
lights, | ||||||
6 | a
person who drives an approaching vehicle shall:
| ||||||
7 | (1) proceeding with due caution, yield the | ||||||
8 | right-of-way by making a
lane change into a lane not | ||||||
9 | adjacent to that of the authorized
emergency vehicle, if | ||||||
10 | possible with due regard to safety and traffic
conditions, | ||||||
11 | if on a highway having at least 4 lanes with not less
than | ||||||
12 | 2 lanes proceeding in the same direction as the | ||||||
13 | approaching
vehicle; or
| ||||||
14 | (2) if changing lanes would be impossible or unsafe, | ||||||
15 | proceeding with due caution, reduce the speed of the | ||||||
16 | vehicle,
maintaining a safe speed for road conditions and | ||||||
17 | leaving a safe distance until safely past the stationary | ||||||
18 | emergency vehicles.
| ||||||
19 | The visual signal specified under this subsection (c) | ||||||
20 | given by an authorized emergency vehicle is an indication to | ||||||
21 | drivers of approaching vehicles that a hazardous condition is | ||||||
22 | present when circumstances are not immediately clear. Drivers | ||||||
23 | of vehicles approaching a stationary emergency vehicle in any | ||||||
24 | lane shall heed the warning of the signal, reduce the speed of | ||||||
25 | the vehicle, proceed with due caution, maintain a safe speed | ||||||
26 | for road conditions, be prepared to stop, and leave a safe |
| |||||||
| |||||||
1 | distance until safely passed the stationary emergency vehicle. | ||||||
2 | As used in this subsection (c), "authorized emergency | ||||||
3 | vehicle"
includes any vehicle authorized by law to be equipped | ||||||
4 | with oscillating,
rotating, or flashing lights under Section | ||||||
5 | 12-215 of this Code, while the owner
or operator of the vehicle | ||||||
6 | is engaged in his or her official duties.
| ||||||
7 | (d) A person who violates subsection (c) of this Section | ||||||
8 | commits a business
offense punishable by a fine of not less | ||||||
9 | than $250 or more than $10,000 for a first violation, and a | ||||||
10 | fine of not less than $750 or more than $10,000 for a second or | ||||||
11 | subsequent violation. It is a factor in
aggravation if the | ||||||
12 | person committed the offense while in violation of Section
| ||||||
13 | 11-501, 12-610.1, or 12-610.2 of this Code. Imposition of the | ||||||
14 | penalties authorized by this subsection (d) for a violation of | ||||||
15 | subsection (c) of this Section that results in the death of
| ||||||
16 | another person does not preclude imposition of appropriate | ||||||
17 | additional civil or criminal penalties. A person who violates | ||||||
18 | subsection (c) and the violation results in damage to another | ||||||
19 | vehicle commits a Class A misdemeanor. A person who violates | ||||||
20 | subsection (c) and the violation results in the injury or | ||||||
21 | death of another person commits a Class 4 felony.
| ||||||
22 | (e) If a violation of subsection (c) of this Section | ||||||
23 | results in damage to
the
property of another person, in | ||||||
24 | addition to any other penalty imposed,
the person's driving | ||||||
25 | privileges shall be suspended for a fixed
period of not less | ||||||
26 | than 90 days and not more than one year.
|
| |||||||
| |||||||
1 | (f) If a violation of subsection (c) of this Section | ||||||
2 | results in injury to
another
person, in addition to any other | ||||||
3 | penalty imposed,
the person's driving privileges shall be | ||||||
4 | suspended for a fixed period of not
less
than 180
days and not | ||||||
5 | more than 2 years.
| ||||||
6 | (g) If a violation of subsection (c) of this Section | ||||||
7 | results in the death of
another person, in addition to any | ||||||
8 | other penalty imposed,
the person's driving privileges shall | ||||||
9 | be suspended for 2 years.
| ||||||
10 | (h) The Secretary of State shall, upon receiving a record | ||||||
11 | of a judgment
entered against a person under subsection (c) of | ||||||
12 | this Section:
| ||||||
13 | (1) suspend the person's driving privileges for the | ||||||
14 | mandatory period; or
| ||||||
15 | (2) extend the period of an existing suspension by the | ||||||
16 | appropriate
mandatory period.
| ||||||
17 | (i) The Scott's Law Fund shall be a special fund in the | ||||||
18 | State treasury. Subject to appropriation by the General | ||||||
19 | Assembly and approval by the Director, the Director of the | ||||||
20 | State Police shall use all moneys in the Scott's Law Fund in | ||||||
21 | the Department's discretion to fund the production of | ||||||
22 | materials to educate drivers on approaching stationary | ||||||
23 | authorized emergency vehicles, to hire off-duty Department of | ||||||
24 | State Police for enforcement of this Section, and for other | ||||||
25 | law enforcement purposes the Director deems necessary in these | ||||||
26 | efforts. |
| |||||||
| |||||||
1 | (j) For violations of this Section issued by a county or | ||||||
2 | municipal police officer, the assessment shall be deposited | ||||||
3 | into the county's or municipality's Transportation Safety | ||||||
4 | Highway Hire-back Fund. The county shall use the moneys in its | ||||||
5 | Transportation Safety Highway Hire-back Fund to hire off-duty | ||||||
6 | county police officers to monitor construction or maintenance | ||||||
7 | zones in that county on highways other than interstate | ||||||
8 | highways. The county, in its discretion, may also use a | ||||||
9 | portion of the moneys in its Transportation Safety Highway | ||||||
10 | Hire-back Fund to purchase equipment for county law | ||||||
11 | enforcement and fund the production of materials to educate | ||||||
12 | drivers on construction zone safe driving habits and | ||||||
13 | approaching stationary authorized emergency vehicles. | ||||||
14 | (k) In addition to other penalties imposed by this | ||||||
15 | Section, the court may order a person convicted of a violation | ||||||
16 | of subsection (c) to perform community service as determined | ||||||
17 | by the court. | ||||||
18 | (Source: P.A. 101-173, eff. 1-1-20; 102-336, eff. 1-1-22; | ||||||
19 | 102-338, eff. 1-1-22; revised 9-21-21.)
| ||||||
20 | (625 ILCS 5/11-1201.1)
| ||||||
21 | Sec. 11-1201.1. Automated railroad crossing enforcement | ||||||
22 | system.
| ||||||
23 | (a) For the purposes of this Section, an automated | ||||||
24 | railroad grade crossing
enforcement system is a system in a | ||||||
25 | municipality or county operated by a governmental agency that |
| |||||||
| |||||||
1 | produces a recorded image of a motor vehicle's violation of a | ||||||
2 | provision of this Code or local ordinance and is designed to | ||||||
3 | obtain a clear recorded image of the vehicle and vehicle's | ||||||
4 | license plate. The recorded image must also display the time, | ||||||
5 | date, and location of the violation. | ||||||
6 | As used in this Section, "recorded images" means images | ||||||
7 | recorded by an automated railroad grade crossing enforcement | ||||||
8 | system on: | ||||||
9 | (1) 2 or more photographs; | ||||||
10 | (2) 2 or more microphotographs; | ||||||
11 | (3) 2 or more electronic images; or | ||||||
12 | (4) a video recording showing the motor vehicle and, | ||||||
13 | on at least one image or portion of the recording, clearly | ||||||
14 | identifying the registration plate or digital registration | ||||||
15 | plate number of the motor vehicle.
| ||||||
16 | (b) The Illinois
Commerce Commission may, in cooperation | ||||||
17 | with a
local law enforcement agency, establish in any county | ||||||
18 | or municipality an automated
railroad grade crossing | ||||||
19 | enforcement system at any railroad grade crossing equipped | ||||||
20 | with a crossing gate designated by local authorities. Local | ||||||
21 | authorities desiring the establishment of an automated | ||||||
22 | railroad crossing enforcement system must initiate the process | ||||||
23 | by enacting a local ordinance requesting the creation of such | ||||||
24 | a system. After the ordinance has been enacted, and before any | ||||||
25 | additional steps toward the establishment of the system are | ||||||
26 | undertaken, the local authorities and the Commission must |
| |||||||
| |||||||
1 | agree to a plan for obtaining, from any combination of | ||||||
2 | federal, State, and local funding sources, the moneys required | ||||||
3 | for the purchase and installation of any necessary equipment.
| ||||||
4 | (b-1) (Blank ) . )
| ||||||
5 | (c) For each violation of Section 11-1201 of this Code or a | ||||||
6 | local ordinance recorded by an automated railroad grade | ||||||
7 | crossing enforcement system, the county or municipality having | ||||||
8 | jurisdiction shall issue a written notice of the violation to | ||||||
9 | the registered owner of the vehicle as the alleged violator. | ||||||
10 | The notice shall be delivered to the registered owner of the | ||||||
11 | vehicle, by mail, no later than 90 days after the violation. | ||||||
12 | The notice shall include: | ||||||
13 | (1) the name and address of the registered owner of | ||||||
14 | the vehicle; | ||||||
15 | (2) the registration number of the motor vehicle | ||||||
16 | involved in the violation; | ||||||
17 | (3) the violation charged; | ||||||
18 | (4) the location where the violation occurred; | ||||||
19 | (5) the date and time of the violation; | ||||||
20 | (6) a copy of the recorded images; | ||||||
21 | (7) the amount of the civil penalty imposed and the | ||||||
22 | date by which the civil penalty should be paid; | ||||||
23 | (8) a statement that recorded images are evidence of a | ||||||
24 | violation of a railroad grade crossing; | ||||||
25 | (9) a warning that failure to pay the civil penalty or | ||||||
26 | to contest liability in a timely manner is an admission of |
| |||||||
| |||||||
1 | liability; and | ||||||
2 | (10) a statement that the person may elect to proceed | ||||||
3 | by: | ||||||
4 | (A) paying the fine; or | ||||||
5 | (B) challenging the charge in court, by mail, or | ||||||
6 | by administrative hearing.
| ||||||
7 | (d) (Blank).
| ||||||
8 | (d-1) (Blank ) . )
| ||||||
9 | (d-2) (Blank ) . )
| ||||||
10 | (e) Based on inspection of recorded images produced by an | ||||||
11 | automated railroad grade crossing enforcement system, a notice | ||||||
12 | alleging that the violation occurred shall be evidence of the | ||||||
13 | facts contained in the notice and admissible in any proceeding | ||||||
14 | alleging a violation under this Section.
| ||||||
15 | (e-1) Recorded images made by an automated railroad grade | ||||||
16 | crossing enforcement system are confidential and shall be made | ||||||
17 | available only to the alleged violator and governmental and | ||||||
18 | law enforcement agencies for purposes of adjudicating a | ||||||
19 | violation of this Section, for statistical purposes, or for | ||||||
20 | other governmental purposes. Any recorded image evidencing a | ||||||
21 | violation of this Section, however, may be admissible in any | ||||||
22 | proceeding resulting from the issuance of the citation.
| ||||||
23 | (e-2) The court or hearing officer may consider the | ||||||
24 | following in the defense of a violation:
| ||||||
25 | (1) that the motor vehicle or registration plates or | ||||||
26 | digital registration plates of the motor vehicle were |
| |||||||
| |||||||
1 | stolen before the violation occurred and not under the | ||||||
2 | control of or in the possession of the owner at the time of | ||||||
3 | the violation;
| ||||||
4 | (2) that the driver of the motor vehicle received a | ||||||
5 | Uniform Traffic Citation from a police officer at the time | ||||||
6 | of the violation for the same offense; | ||||||
7 | (3) any other evidence or issues provided by municipal | ||||||
8 | or county ordinance. | ||||||
9 | (e-3) To demonstrate that the motor vehicle or the | ||||||
10 | registration plates or digital registration plates were stolen | ||||||
11 | before the violation occurred and were not under the control | ||||||
12 | or possession of the owner at the time of the violation, the | ||||||
13 | owner must submit proof that a report concerning the stolen | ||||||
14 | motor vehicle or registration plates was filed with a law | ||||||
15 | enforcement agency in a timely manner.
| ||||||
16 | (f) Rail crossings equipped with an automatic railroad | ||||||
17 | grade crossing
enforcement system shall be posted with a sign | ||||||
18 | visible to approaching traffic
stating that the railroad grade | ||||||
19 | crossing is being monitored, that citations
will be issued, | ||||||
20 | and the amount of the fine for violation.
| ||||||
21 | (g) The compensation paid for an automated railroad grade | ||||||
22 | crossing enforcement system must be based on the value of the | ||||||
23 | equipment or the services provided and may not be based on the | ||||||
24 | number of citations issued or the revenue generated by the | ||||||
25 | system.
| ||||||
26 | (h) (Blank ) . )
|
| |||||||
| |||||||
1 | (i) If any part or parts of this Section are held by a | ||||||
2 | court of competent
jurisdiction to be unconstitutional, the | ||||||
3 | unconstitutionality shall not affect
the validity of the | ||||||
4 | remaining parts of this Section. The General Assembly
hereby | ||||||
5 | declares that it would have passed the remaining parts of this | ||||||
6 | Section
if it had known that the other part or parts of this | ||||||
7 | Section would be declared
unconstitutional.
| ||||||
8 | (j) Penalty. A civil fine of
$250 shall be imposed for a | ||||||
9 | first violation of this Section, and a civil fine of $500 shall | ||||||
10 | be
imposed for a second or subsequent violation of this | ||||||
11 | Section.
| ||||||
12 | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21 ; | ||||||
13 | revised 11-24-21.)
| ||||||
14 | (625 ILCS 5/13-108) (from Ch. 95 1/2, par. 13-108)
| ||||||
15 | Sec. 13-108. Hearing on complaint against official testing | ||||||
16 | station or official portable emissions testing company; | ||||||
17 | suspension or
revocation of permit. If it appears to the | ||||||
18 | Department, either through its own investigation or
upon | ||||||
19 | charges verified under oath, that any of the provisions of | ||||||
20 | this
Chapter or the rules and regulations of the Department , | ||||||
21 | are being violated,
the Department , shall , after notice to the | ||||||
22 | person, firm , or corporation
charged with such violation, | ||||||
23 | conduct a hearing. At least 10 days prior to
the date of such | ||||||
24 | hearing the Department shall cause to be served upon the
| ||||||
25 | person, firm , or corporation charged with such violation, a |
| |||||||
| |||||||
1 | copy of such
charge or charges by registered mail or by the | ||||||
2 | personal service thereof,
together with a notice specifying | ||||||
3 | the time and place of such hearing. At
the time and place | ||||||
4 | specified in such notice , the person, firm , or corporation
| ||||||
5 | charged with such violation shall be given an opportunity to | ||||||
6 | appear in
person or by counsel and to be heard by the Secretary | ||||||
7 | of Transportation or
an officer or employee of the Department | ||||||
8 | designated in writing by him to
conduct such hearing. If it | ||||||
9 | appears from the hearing that such person, firm ,
or | ||||||
10 | corporation is guilty of the charge preferred against the | ||||||
11 | person, firm, or corporation him or it , the
Secretary of | ||||||
12 | Transportation may order the permit suspended or revoked, and
| ||||||
13 | the bond forfeited. Any such revocation or suspension shall | ||||||
14 | not be a bar to
subsequent arrest and prosecution for | ||||||
15 | violation of this Chapter.
| ||||||
16 | (Source: P.A. 102-566, eff. 1-1-22; revised 11-24-21.)
| ||||||
17 | (625 ILCS 5/13-109.1)
| ||||||
18 | Sec. 13-109.1. Annual emission inspection tests;
| ||||||
19 | standards; penalties;
funds. | ||||||
20 | (a) For each diesel powered vehicle that (i) is registered | ||||||
21 | for a gross
weight of
more than 16,000 pounds, (ii) is | ||||||
22 | registered within an affected area, and
(iii) is a 2 year
or | ||||||
23 | older model year, an annual emission
inspection test
shall be | ||||||
24 | conducted at an official testing station or by an official | ||||||
25 | portable emissions testing company certified by the Illinois
|
| |||||||
| |||||||
1 | Department
of Transportation to perform
diesel emission | ||||||
2 | inspections pursuant to the standards set forth in
subsection
| ||||||
3 | (b) of this
Section. This annual emission inspection test may | ||||||
4 | be conducted in conjunction
with a
semi-annual safety test.
| ||||||
5 | (a-5) (Blank).
| ||||||
6 | (b) Diesel emission inspections conducted under this | ||||||
7 | Chapter 13 shall be
conducted in accordance with the Society | ||||||
8 | of Automotive Engineers Recommended
Practice J1667
| ||||||
9 | "Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel | ||||||
10 | Powered
Vehicles" and the cutpoint standards set forth in the | ||||||
11 | United States
Environmental Protection Agency guidance
| ||||||
12 | document "Guidance to States on Smoke Opacity Cutpoints to be | ||||||
13 | used with the
SAE J1667 In-Use Smoke Test Procedure". Those | ||||||
14 | procedures and standards, as
now in effect, are made a part of | ||||||
15 | this Code, in the same manner as though they
were set out in | ||||||
16 | full in this Code.
| ||||||
17 | Notwithstanding the above cutpoint standards, for motor | ||||||
18 | vehicles that are
model years 1973 and
older, until
December | ||||||
19 | 31,
2002, the level of peak smoke opacity shall not exceed 70 | ||||||
20 | percent. Beginning
January
1, 2003, for motor vehicles that | ||||||
21 | are model years 1973 and older, the level of
peak smoke
opacity | ||||||
22 | shall not exceed 55 percent.
| ||||||
23 | (c) If the annual emission inspection under subsection (a) | ||||||
24 | reveals
that the vehicle is not in compliance with
the
diesel | ||||||
25 | emission standards set forth in subsection (b) of this | ||||||
26 | Section, the
operator of the
official
testing station or |
| |||||||
| |||||||
1 | official portable emissions testing company shall issue a | ||||||
2 | warning notice requiring correction of the
violation. The | ||||||
3 | correction shall be made and the vehicle submitted to an
| ||||||
4 | emissions retest at an official testing station or official | ||||||
5 | portable emissions testing company certified by the Department | ||||||
6 | to
perform diesel emission inspections within 30 days from the | ||||||
7 | issuance of the
warning notice requiring correction of the | ||||||
8 | violation.
| ||||||
9 | If, within 30 days from the issuance of the warning | ||||||
10 | notice, the vehicle is
not in compliance with the diesel
| ||||||
11 | emission standards set forth in subsection (b) as determined | ||||||
12 | by an emissions
retest at an official testing station or | ||||||
13 | through an official portable emissions testing company, the | ||||||
14 | certified emissions testing operator or the Department shall | ||||||
15 | place the vehicle out-of-service in
accordance with the rules | ||||||
16 | promulgated by the Department. Operating a vehicle
that has | ||||||
17 | been placed out-of-service under this subsection (c) is a | ||||||
18 | petty
offense punishable by a $1,000 fine.
The vehicle must | ||||||
19 | pass a diesel emission inspection at an official testing
| ||||||
20 | station before it is again placed in service.
The Secretary of | ||||||
21 | State, Illinois State Police, and other law enforcement
| ||||||
22 | officers shall enforce this Section.
No emergency vehicle, as | ||||||
23 | defined in Section 1-105, may be placed out-of-service
| ||||||
24 | pursuant to this Section.
| ||||||
25 | The Department, an official testing station, or an | ||||||
26 | official portable emissions testing company may issue a |
| |||||||
| |||||||
1 | certificate of
waiver subsequent to a reinspection of a | ||||||
2 | vehicle that failed the emissions
inspection. Certificate of | ||||||
3 | waiver shall be issued upon determination that
documented | ||||||
4 | proof demonstrates that emissions repair costs for the | ||||||
5 | noncompliant
vehicle of at least $3,000 have been spent in an | ||||||
6 | effort to achieve
compliance with the emission standards set | ||||||
7 | forth in subsection (b). The
Department of Transportation | ||||||
8 | shall adopt rules for the implementation of this
subsection | ||||||
9 | including standards of documented proof as well as the | ||||||
10 | criteria by
which a waiver shall be granted.
| ||||||
11 | (c-5) (Blank).
| ||||||
12 | (d) (Blank).
| ||||||
13 | (Source: P.A. 102-538, eff. 8-20-21; 102-566, eff. 1-1-22; | ||||||
14 | revised 10-12-21.)
| ||||||
15 | (625 ILCS 5/15-102) (from Ch. 95 1/2, par. 15-102)
| ||||||
16 | Sec. 15-102. Width of vehicles.
| ||||||
17 | (a) On Class III and non-designated State and local | ||||||
18 | highways, the total
outside width of any vehicle or load | ||||||
19 | thereon shall not exceed 8 feet 6 inches.
| ||||||
20 | (b) Except during those times when, due to insufficient | ||||||
21 | light or unfavorable
atmospheric conditions, persons and | ||||||
22 | vehicles on the highway are not clearly
discernible at a | ||||||
23 | distance of 1000 feet, the following vehicles may exceed
the 8 | ||||||
24 | feet 6 inch limitation during the period from a half hour | ||||||
25 | before
sunrise to a half hour after sunset:
|
| |||||||
| |||||||
1 | (1) Loads of hay, straw or other similar farm products | ||||||
2 | provided that the
load is not more than 12 feet wide.
| ||||||
3 | (2) Implements of husbandry being transported on | ||||||
4 | another vehicle and the
transporting vehicle while loaded.
| ||||||
5 | The following requirements apply to the transportation | ||||||
6 | on another vehicle
of an implement of husbandry wider than | ||||||
7 | 8 feet 6 inches on the National System
of Interstate and | ||||||
8 | Defense Highways or other highways in the system of State
| ||||||
9 | highways:
| ||||||
10 | (A) The driver of a vehicle transporting an | ||||||
11 | implement of husbandry
that exceeds 8 feet 6 inches in | ||||||
12 | width shall obey all traffic laws and shall
check the | ||||||
13 | roadways prior to making a movement in order to ensure | ||||||
14 | that adequate
clearance is available for the movement. | ||||||
15 | It is prima facie evidence that the
driver of a vehicle | ||||||
16 | transporting an implement of husbandry has failed to | ||||||
17 | check
the roadway prior to making a movement if the | ||||||
18 | vehicle is involved in a
collision with a bridge, | ||||||
19 | overpass, fixed structure, or properly placed traffic
| ||||||
20 | control device or if the vehicle blocks traffic due
to | ||||||
21 | its inability to proceed because of a bridge, | ||||||
22 | overpass, fixed structure, or
properly placed traffic | ||||||
23 | control device.
| ||||||
24 | (B) Flags shall be displayed so as to wave freely | ||||||
25 | at the extremities of
overwidth objects and at the | ||||||
26 | extreme ends of all protrusions, projections, and
|
| |||||||
| |||||||
1 | overhangs. All flags shall be clean, bright red flags | ||||||
2 | with no advertising,
wording, emblem, or insignia | ||||||
3 | inscribed upon them and at least 18 inches square.
| ||||||
4 | (C) "OVERSIZE LOAD" signs are mandatory on the | ||||||
5 | front and rear of all
vehicles with loads over 10 feet | ||||||
6 | wide. These signs must have 12-inch high
black letters | ||||||
7 | with a 2-inch stroke on a yellow sign that is 7 feet | ||||||
8 | wide by 18
inches high.
| ||||||
9 | (D) One civilian escort vehicle is required for a | ||||||
10 | load that exceeds 14
feet 6 inches in width and 2 | ||||||
11 | civilian escort vehicles are required for a
load that | ||||||
12 | exceeds 16 feet in width on the National System of | ||||||
13 | Interstate and
Defense Highways or other highways in | ||||||
14 | the system of State highways.
| ||||||
15 | (E) The requirements for a civilian escort vehicle | ||||||
16 | and driver are as
follows:
| ||||||
17 | (1) The civilian escort vehicle shall be a | ||||||
18 | vehicle not exceeding a gross vehicle weight | ||||||
19 | rating of 26,000 pounds that is
designed to afford | ||||||
20 | clear and unobstructed vision to both front and | ||||||
21 | rear.
| ||||||
22 | (2) The escort vehicle driver must be properly | ||||||
23 | licensed to operate
the vehicle.
| ||||||
24 | (3) While in use, the escort vehicle must be | ||||||
25 | equipped with illuminated
rotating, oscillating, | ||||||
26 | or flashing amber lights or flashing amber strobe |
| |||||||
| |||||||
1 | lights
mounted on top that are of sufficient | ||||||
2 | intensity to be visible at 500 feet in
normal | ||||||
3 | sunlight.
| ||||||
4 | (4) "OVERSIZE LOAD" signs are mandatory on all | ||||||
5 | escort vehicles. The
sign on an escort vehicle | ||||||
6 | shall have 8-inch high black letters on a yellow
| ||||||
7 | sign that is 5 feet wide by 12 inches high.
| ||||||
8 | (5) When only one escort vehicle is required | ||||||
9 | and it is operating on a
two-lane highway, the | ||||||
10 | escort vehicle shall travel approximately 300 feet | ||||||
11 | ahead
of the load. The rotating, oscillating, or | ||||||
12 | flashing lights or flashing amber
strobe lights | ||||||
13 | and an "OVERSIZE LOAD" sign shall be displayed on | ||||||
14 | the escort
vehicle and shall be visible from the | ||||||
15 | front. When only one escort vehicle is
required | ||||||
16 | and it is operating on a multilane divided | ||||||
17 | highway, the escort vehicle
shall travel | ||||||
18 | approximately 300 feet behind the load and the | ||||||
19 | sign and lights
shall be visible from the rear.
| ||||||
20 | (6) When 2 escort vehicles are required, one | ||||||
21 | escort shall travel
approximately 300 feet ahead | ||||||
22 | of the load and the second escort shall travel
| ||||||
23 | approximately 300 feet behind the load. The | ||||||
24 | rotating, oscillating, or flashing
lights or | ||||||
25 | flashing amber strobe lights and an "OVERSIZE | ||||||
26 | LOAD" sign shall be
displayed on the escort |
| |||||||
| |||||||
1 | vehicles and shall be visible from the front on | ||||||
2 | the
lead escort and from the rear on the trailing | ||||||
3 | escort.
| ||||||
4 | (7) When traveling within the corporate limits | ||||||
5 | of a municipality, the
escort vehicle shall | ||||||
6 | maintain a reasonable and proper distance from the
| ||||||
7 | oversize load, consistent with existing traffic | ||||||
8 | conditions.
| ||||||
9 | (8) A separate escort shall be provided for | ||||||
10 | each load hauled.
| ||||||
11 | (9) The driver of an escort vehicle shall obey | ||||||
12 | all traffic laws.
| ||||||
13 | (10) The escort vehicle must be in safe | ||||||
14 | operational condition.
| ||||||
15 | (11) The driver of the escort vehicle must be | ||||||
16 | in radio contact with
the driver of the vehicle | ||||||
17 | carrying the oversize load.
| ||||||
18 | (F) A transport vehicle while under load of more | ||||||
19 | than 8 feet 6 inches
in width must be equipped with an | ||||||
20 | illuminated rotating, oscillating, or
flashing amber | ||||||
21 | light or lights or a flashing amber strobe light or | ||||||
22 | lights
mounted on the top of the cab that are of | ||||||
23 | sufficient intensity to be visible at
500 feet in | ||||||
24 | normal sunlight. If the load on the transport vehicle | ||||||
25 | blocks the
visibility of the amber lighting from the | ||||||
26 | rear of the vehicle, the vehicle must
also be equipped |
| |||||||
| |||||||
1 | with an illuminated rotating, oscillating, or flashing | ||||||
2 | amber
light or lights or a flashing amber strobe light | ||||||
3 | or lights mounted on the rear
of the load that are of | ||||||
4 | sufficient intensity to be visible at 500 feet in
| ||||||
5 | normal sunlight.
| ||||||
6 | (G) When a flashing amber light is required on the | ||||||
7 | transport vehicle
under load and it is operating on a | ||||||
8 | two-lane highway, the transport vehicle
shall display | ||||||
9 | to the rear at least one rotating, oscillating, or | ||||||
10 | flashing light
or a flashing amber strobe light and an | ||||||
11 | "OVERSIZE LOAD" sign. When a flashing
amber light is | ||||||
12 | required on the transport vehicle under load and it is | ||||||
13 | operating
on a multilane divided highway, the sign and | ||||||
14 | light shall be visible from the
rear.
| ||||||
15 | (H) Maximum speed shall be 45 miles per hour on all | ||||||
16 | such moves or 5
miles per hour above the posted minimum | ||||||
17 | speed limit, whichever is greater, but
the vehicle | ||||||
18 | shall not at any time exceed the posted maximum speed | ||||||
19 | limit.
| ||||||
20 | (3) Portable buildings designed and used for | ||||||
21 | agricultural and livestock
raising operations that are not | ||||||
22 | more than 14 feet wide and with not more
than a one-foot 1 | ||||||
23 | foot overhang along the left side of the hauling vehicle. | ||||||
24 | However,
the buildings shall not be transported more than | ||||||
25 | 10 miles and not on any
route that is part of the National | ||||||
26 | System of Interstate and Defense Highways.
|
| |||||||
| |||||||
1 | All buildings when being transported shall display at | ||||||
2 | least 2 red
cloth flags, not less than 12 inches square, | ||||||
3 | mounted as high as practicable
on the left and right side of | ||||||
4 | the building.
| ||||||
5 | An Illinois State Police escort shall be required if it is | ||||||
6 | necessary for this load
to use part of the left lane when | ||||||
7 | crossing any 2-laned 2 laned State highway bridge.
| ||||||
8 | (c) Vehicles propelled by electric power obtained from | ||||||
9 | overhead trolley
wires operated wholly within the corporate | ||||||
10 | limits of a municipality are
also exempt from the width | ||||||
11 | limitation.
| ||||||
12 | (d) (Blank).
| ||||||
13 | (d-1) A recreational vehicle, as defined in Section 1-169, | ||||||
14 | may exceed 8 feet 6 inches in width if:
| ||||||
15 | (1) the excess width is attributable to appurtenances | ||||||
16 | that extend 6 inches or less beyond either side of the body | ||||||
17 | of the vehicle; and
| ||||||
18 | (2) the roadway on which the vehicle is traveling has | ||||||
19 | marked lanes for vehicular traffic that are at least 11 | ||||||
20 | feet in width. | ||||||
21 | As used in this subsection (d-1) and in subsection (d-2), | ||||||
22 | the term appurtenance includes (i) a retracted awning and its | ||||||
23 | support hardware and (ii) any appendage that is intended to be | ||||||
24 | an integral part of a recreational vehicle. | ||||||
25 | (d-2) A recreational vehicle that exceeds 8 feet 6 inches | ||||||
26 | in width as provided in subsection (d-1) may travel any |
| |||||||
| |||||||
1 | roadway of the State if the vehicle is being operated between a | ||||||
2 | roadway permitted under subsection (d-1) and: | ||||||
3 | (1) the location where the recreational vehicle is | ||||||
4 | garaged; | ||||||
5 | (2) the destination of the recreational vehicle; or | ||||||
6 | (3) a facility for food, fuel, repair, services, or | ||||||
7 | rest.
| ||||||
8 | (e) A vehicle and load traveling upon the National System | ||||||
9 | of Interstate
and Defense Highways or any other highway in the | ||||||
10 | system of State highways
that has been designated as a Class I | ||||||
11 | or Class II highway by the
Department, or any street or highway | ||||||
12 | designated by local authorities, may have a total outside | ||||||
13 | width of 8 feet 6
inches, provided that certain safety devices | ||||||
14 | that the Department
determines as necessary for the safe and | ||||||
15 | efficient operation of motor
vehicles shall not be included in | ||||||
16 | the calculation of width.
| ||||||
17 | Section 5-35 of the Illinois Administrative Procedure Act | ||||||
18 | relating to
procedures for rulemaking shall not apply to the | ||||||
19 | designation of highways under
this paragraph (e).
| ||||||
20 | (f) Mirrors required by Section 12-502 of this Code may | ||||||
21 | project up to 14 inches beyond each side of
a bus and up to 6 | ||||||
22 | inches beyond each
side
of any other vehicle, and that | ||||||
23 | projection shall not be deemed a
violation of the width | ||||||
24 | restrictions of this Section.
| ||||||
25 | (g) Any person who is convicted of violating this Section | ||||||
26 | is subject to
the penalty as provided in paragraph (b) of |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | Section 15-113.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | (h) Safety devices identified by the Department in | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | accordance with Section 12-812 shall not be deemed a violation | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | of the width restrictions of this Section. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | (Source: P.A. 102-441, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | revised 9-22-21.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | (625 ILCS 5/15-305) (from Ch. 95 1/2, par. 15-305)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Sec. 15-305. Fees for legal weight but overdimension | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | vehicles, combinations,
and loads ;oads , other than house | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | trailer combinations.
Fees for special permits to move | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | overdimension vehicles, combinations, and
loads, other than | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | house trailer combinations, shall be paid by the applicant
to | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | the Department at the following rates:
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||
| ||||||||||||||
| ||||||||||||||
3 | Permits issued under this Section shall be for a vehicle, | |||||||||||||
4 | or vehicle
combination and load not exceeding legal weights , ; | |||||||||||||
5 | and, in the case of the
limited continuous operation, shall be | |||||||||||||
6 | for the same vehicle, vehicle
combination , or like load.
| |||||||||||||
7 | Escort requirements shall be as prescribed in the | |||||||||||||
8 | Department's rules and
regulations. Fees for the Illinois | |||||||||||||
9 | State Police vehicle escort, when required, shall
be in | |||||||||||||
10 | addition to the permit fees.
| |||||||||||||
11 | (Source: P.A. 102-538, eff. 8-20-21; revised 11-24-21.)
| |||||||||||||
12 | (625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103)
| |||||||||||||
13 | (Text of Section before amendment by P.A. 101-652 )
| |||||||||||||
14 | Sec. 16-103. Arrest outside county where violation | |||||||||||||
15 | committed.
| |||||||||||||
16 | Whenever a defendant is arrested upon a warrant charging a | |||||||||||||
17 | violation of
this Act in a county other than that in which such | |||||||||||||
18 | warrant was issued, the
arresting officer, immediately upon | |||||||||||||
19 | the request of the defendant, shall
take such defendant before | |||||||||||||
20 | a circuit judge or associate circuit judge in
the county in | |||||||||||||
21 | which the arrest was made who shall admit the defendant to
bail | |||||||||||||
22 | for his appearance before the court named in the warrant. On | |||||||||||||
23 | taking
such bail , the circuit judge or associate circuit judge | |||||||||||||
24 | shall certify such
fact on the warrant and deliver the warrant | |||||||||||||
25 | and undertaking of bail or
other security, or the drivers |
| |||||||
| |||||||
1 | license of such defendant if deposited,
under the law relating | ||||||
2 | to such licenses, in lieu of such security, to the
officer | ||||||
3 | having charge of the defendant. Such officer shall then | ||||||
4 | immediately
discharge the defendant from arrest and without | ||||||
5 | delay deliver such warrant
and such undertaking of bail, or | ||||||
6 | other security or drivers license to the
court before which | ||||||
7 | the defendant is required to appear.
| ||||||
8 | (Source: P.A. 77-1280.)
| ||||||
9 | (Text of Section after amendment by P.A. 101-652 )
| ||||||
10 | Sec. 16-103. Arrest outside county where violation | ||||||
11 | committed.
| ||||||
12 | Whenever a defendant is arrested upon a warrant charging a | ||||||
13 | violation of
this Act in a county other than that in which such | ||||||
14 | warrant was issued, the
arresting officer, immediately upon | ||||||
15 | the request of the defendant, shall
take such defendant before | ||||||
16 | a circuit judge or associate circuit judge in
the county in | ||||||
17 | which the arrest was made who shall admit the defendant to
| ||||||
18 | pretrial release for his appearance before the court named in | ||||||
19 | the warrant. On setting the conditions of pretrial release , | ||||||
20 | the circuit judge or associate circuit judge shall certify | ||||||
21 | such
fact on the warrant and deliver the warrant and | ||||||
22 | conditions of pretrial release, or the drivers license of such | ||||||
23 | defendant if deposited,
under the law relating to such | ||||||
24 | licenses, in lieu of such security, to the
officer having | ||||||
25 | charge of the defendant. Such officer shall then immediately
|
| |||||||
| |||||||
1 | discharge the defendant from arrest and without delay deliver | ||||||
2 | such warrant
and such acknowledgment by the defendant of his | ||||||
3 | or her receiving the conditions of pretrial release or drivers | ||||||
4 | license to the
court before which the defendant is required to | ||||||
5 | appear.
| ||||||
6 | (Source: P.A. 101-652, eff. 1-1-23; revised 11-24-21.)
| ||||||
7 | (625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)
| ||||||
8 | Sec. 16-105. Disposition of fines and forfeitures.
| ||||||
9 | (a) Except as provided in Section 15-113 of this Act and | ||||||
10 | except those amounts subject to disbursement by the circuit
| ||||||
11 | clerk under the Criminal and Traffic Assessment Act, fines and | ||||||
12 | penalties
recovered under the provisions of Chapters 3 through | ||||||
13 | 17 and 18b inclusive of this
Code shall be paid and used as | ||||||
14 | follows:
| ||||||
15 | 1. For offenses committed upon a highway within the | ||||||
16 | limits of a
city, village, or incorporated town or under | ||||||
17 | the jurisdiction of any
park district, to the treasurer of | ||||||
18 | the particular city, village,
incorporated town , or park | ||||||
19 | district, if the violator was arrested by the
authorities | ||||||
20 | of the city, village, incorporated town , or park district,
| ||||||
21 | provided the police officers and officials of cities, | ||||||
22 | villages,
incorporated towns , and park districts shall | ||||||
23 | seasonably prosecute for all
fines and penalties under | ||||||
24 | this Code. If the violation is prosecuted by
the | ||||||
25 | authorities of the county, any fines or penalties |
| |||||||
| |||||||
1 | recovered shall be
paid to the county treasurer, except | ||||||
2 | that fines and penalties recovered from violations | ||||||
3 | arrested by the Illinois State Police shall be remitted to | ||||||
4 | the State Treasurer for deposit into the State Police Law | ||||||
5 | Enforcement Administration Fund. Provided further that if | ||||||
6 | the violator was
arrested by the Illinois State Police, | ||||||
7 | fines and penalties recovered under the
provisions of | ||||||
8 | paragraph (a) of Section 15-113 of this Code or paragraph | ||||||
9 | (e)
of Section 15-316 of this Code shall be remitted | ||||||
10 | Illinois to the State Treasurer who shall
deposit the | ||||||
11 | amount so remitted in the special fund in the State | ||||||
12 | treasury
known as the Road Fund except that if the | ||||||
13 | violation is prosecuted by the
State's Attorney, 10% of | ||||||
14 | the fine or penalty recovered shall be paid to
the State's | ||||||
15 | Attorney as a fee of his office and the balance shall be | ||||||
16 | remitted to the State Treasurer Illinois
for remittance to | ||||||
17 | and
deposit by the State Treasurer as hereinabove | ||||||
18 | provided.
| ||||||
19 | 2. Except as provided in paragraph 4, for offenses | ||||||
20 | committed upon any
highway outside the limits of a
city, | ||||||
21 | village, incorporated town , or park district, to the | ||||||
22 | county
treasurer of the county where the offense was | ||||||
23 | committed except if such
offense was committed on a | ||||||
24 | highway maintained by or under the
supervision of a | ||||||
25 | township, township district, or a road district to the
| ||||||
26 | Treasurer thereof for deposit in the road and bridge fund |
| |||||||
| |||||||
1 | of such
township or other district, except that fines and | ||||||
2 | penalties recovered from violations arrested by the | ||||||
3 | Illinois State Police shall be remitted to the State | ||||||
4 | Treasurer for deposit into the State Police Law | ||||||
5 | Enforcement Administration Fund; provided , that fines and | ||||||
6 | penalties recovered
under the provisions of paragraph (a) | ||||||
7 | of Section 15-113, paragraph (d) of
Section 3-401, or | ||||||
8 | paragraph (e) of Section 15-316 of this Code shall
be | ||||||
9 | remitted Illinois to the State Treasurer
who shall deposit | ||||||
10 | the amount so remitted in the special fund in the State
| ||||||
11 | treasury known as the Road Fund except that if the | ||||||
12 | violation is prosecuted
by the State's Attorney, 10% of | ||||||
13 | the fine or penalty recovered shall be paid
to the State's | ||||||
14 | Attorney as a fee of his office and the balance shall be | ||||||
15 | remitted
to the State Treasurer Illinois for remittance to | ||||||
16 | and deposit
by the State Treasurer as hereinabove | ||||||
17 | provided.
| ||||||
18 | 3. Notwithstanding subsections 1 and 2 of this | ||||||
19 | paragraph, for violations
of overweight and overload | ||||||
20 | limits found in Sections 15-101 through 15-203
of this | ||||||
21 | Code, which are committed upon the highways belonging to | ||||||
22 | the Illinois
State Toll Highway Authority, fines and | ||||||
23 | penalties shall be remitted to
the Illinois State Toll | ||||||
24 | Highway Authority for deposit with the State Treasurer
| ||||||
25 | into that special fund known as the Illinois State Toll | ||||||
26 | Highway Authority
Fund, except that if the violation is |
| |||||||
| |||||||
1 | prosecuted by the State's Attorney,
10% of the fine or | ||||||
2 | penalty recovered shall be paid to the State's Attorney
as | ||||||
3 | a fee of his office and the balance shall be remitted to | ||||||
4 | the Illinois
State Toll Highway Authority for remittance | ||||||
5 | to and deposit by the State
Treasurer as hereinabove | ||||||
6 | provided.
| ||||||
7 | 4. With regard to violations of overweight and | ||||||
8 | overload limits found in
Sections 15-101 through 15-203 of | ||||||
9 | this Code committed by operators of vehicles
registered as | ||||||
10 | Special Hauling Vehicles, for offenses committed upon a | ||||||
11 | highway
within the limits of a city, village, or | ||||||
12 | incorporated town or under the
jurisdiction of any park | ||||||
13 | district, all fines and penalties shall be paid over
or | ||||||
14 | retained as required in paragraph 1. However, with regard | ||||||
15 | to the above
offenses committed by operators of vehicles | ||||||
16 | registered as Special Hauling
Vehicles upon any highway | ||||||
17 | outside the limits of a city, village, incorporated
town , | ||||||
18 | or park district, fines and penalties shall be paid over | ||||||
19 | or retained by
the entity having jurisdiction over the | ||||||
20 | road or highway upon which the offense
occurred, except | ||||||
21 | that if the violation is prosecuted by the State's | ||||||
22 | Attorney,
10% of the fine or penalty recovered shall be | ||||||
23 | paid to the State's Attorney as a
fee of his office.
| ||||||
24 | (b) Failure, refusal , or neglect on the part of any | ||||||
25 | judicial or other
officer or employee receiving or having | ||||||
26 | custody of any such fine or
forfeiture either before or after a |
| |||||||
| |||||||
1 | deposit with the proper official as
defined in paragraph (a) | ||||||
2 | of this Section, shall constitute misconduct in
office and | ||||||
3 | shall be grounds for removal therefrom.
| ||||||
4 | (Source: P.A. 102-145, eff. 7-23-21; 102-538, eff. 8-20-21; | ||||||
5 | revised 10-12-21.)
| ||||||
6 | Section 580. The Snowmobile Registration and Safety Act is | ||||||
7 | amended by changing Section 5-7 as follows:
| ||||||
8 | (625 ILCS 40/5-7)
| ||||||
9 | (Text of Section before amendment by P.A. 101-652 ) | ||||||
10 | Sec. 5-7. Operating a snowmobile while under the influence | ||||||
11 | of alcohol or
other drug or drugs, intoxicating compound or | ||||||
12 | compounds, or a combination of
them; criminal penalties; | ||||||
13 | suspension of operating privileges. | ||||||
14 | (a) A person may not operate or be in actual physical | ||||||
15 | control of a
snowmobile within this State
while:
| ||||||
16 | 1. The alcohol concentration in that person's blood, | ||||||
17 | other bodily substance, or breath is a
concentration at | ||||||
18 | which driving a motor vehicle is prohibited under
| ||||||
19 | subdivision (1) of subsection (a) of
Section 11-501 of the | ||||||
20 | Illinois Vehicle Code;
| ||||||
21 | 2. The person is under the influence of alcohol;
| ||||||
22 | 3. The person is under the influence of any other drug | ||||||
23 | or combination of
drugs to a degree that renders that | ||||||
24 | person incapable of safely operating a
snowmobile;
|
| |||||||
| |||||||
1 | 3.1. The person is under the influence of any | ||||||
2 | intoxicating compound or
combination of intoxicating | ||||||
3 | compounds to a degree that renders the person
incapable of | ||||||
4 | safely operating a snowmobile;
| ||||||
5 | 4. The person is under the combined influence of | ||||||
6 | alcohol and any other
drug or drugs or intoxicating | ||||||
7 | compound or compounds to a degree that
renders that person | ||||||
8 | incapable of safely
operating a snowmobile;
| ||||||
9 | 4.3. The person who is not a CDL holder has a | ||||||
10 | tetrahydrocannabinol concentration in the person's whole | ||||||
11 | blood or other bodily substance at which driving a motor | ||||||
12 | vehicle is prohibited under
subdivision (7) of subsection | ||||||
13 | (a) of
Section 11-501 of the Illinois Vehicle Code; | ||||||
14 | 4.5. The person who is a CDL holder has any amount of a | ||||||
15 | drug, substance, or
compound in the person's breath, | ||||||
16 | blood, other bodily substance, or urine resulting from the | ||||||
17 | unlawful use or consumption of cannabis listed in the | ||||||
18 | Cannabis Control Act; or | ||||||
19 | 5. There is any amount of a drug, substance, or | ||||||
20 | compound in that person's
breath, blood, other bodily | ||||||
21 | substance, or urine resulting from the unlawful use or | ||||||
22 | consumption
of a controlled substance listed in the
| ||||||
23 | Illinois Controlled Substances Act, methamphetamine as | ||||||
24 | listed in the Methamphetamine Control and Community | ||||||
25 | Protection Act, or intoxicating compound listed in the
use
| ||||||
26 | of Intoxicating Compounds Act.
|
| |||||||
| |||||||
1 | (b) The fact that a person charged with violating this | ||||||
2 | Section is or has
been legally entitled to use alcohol, other | ||||||
3 | drug or drugs, any
intoxicating
compound or compounds, or any | ||||||
4 | combination of them does not constitute a
defense against a | ||||||
5 | charge of violating this Section.
| ||||||
6 | (c) Every person convicted of violating this Section or a | ||||||
7 | similar
provision of a local ordinance is guilty of a
Class A | ||||||
8 | misdemeanor, except as otherwise provided in this Section.
| ||||||
9 | (c-1) As used in this Section, "first time offender" means | ||||||
10 | any person who has not had a previous conviction or been | ||||||
11 | assigned supervision for violating this Section or a similar | ||||||
12 | provision of a local ordinance, or any person who has not had a | ||||||
13 | suspension imposed under subsection (e) of Section 5-7.1. | ||||||
14 | (c-2) For purposes of this Section, the following are | ||||||
15 | equivalent to a conviction: | ||||||
16 | (1) a forfeiture of bail or collateral deposited to | ||||||
17 | secure a defendant's appearance in court when forfeiture | ||||||
18 | has not been vacated; or | ||||||
19 | (2) the failure of a defendant to appear for trial.
| ||||||
20 | (d) Every person convicted of violating this Section is | ||||||
21 | guilty of a
Class 4 felony if:
| ||||||
22 | 1. The person has a previous conviction under this | ||||||
23 | Section;
| ||||||
24 | 2. The offense results in personal injury where a | ||||||
25 | person other than the
operator suffers great bodily harm | ||||||
26 | or permanent disability or disfigurement,
when the |
| |||||||
| |||||||
1 | violation was a proximate cause of the injuries.
A person | ||||||
2 | guilty of a Class 4 felony under this paragraph 2, if | ||||||
3 | sentenced to a
term of imprisonment, shall be sentenced to | ||||||
4 | not less than one year nor more
than
12 years; or
| ||||||
5 | 3. The offense occurred during a period in which the | ||||||
6 | person's privileges
to
operate a snowmobile are revoked or | ||||||
7 | suspended, and the revocation or
suspension was for a | ||||||
8 | violation of this Section or was imposed under Section
| ||||||
9 | 5-7.1.
| ||||||
10 | (e) Every person convicted of violating this Section is | ||||||
11 | guilty
of a
Class 2 felony if the offense results in the death | ||||||
12 | of a person.
A person guilty of a Class 2 felony under this | ||||||
13 | subsection (e), if sentenced
to
a term of imprisonment, shall | ||||||
14 | be sentenced to a term of not less than 3 years
and not more | ||||||
15 | than 14 years.
| ||||||
16 | (e-1) Every person convicted of violating this Section or | ||||||
17 | a similar
provision of a local ordinance who had a child under | ||||||
18 | the age of 16 on board the
snowmobile at the time of offense | ||||||
19 | shall be subject to a mandatory minimum fine
of $500 and shall | ||||||
20 | be subject to a mandatory minimum of 5 days of community
| ||||||
21 | service in a program benefiting children. The assignment under | ||||||
22 | this subsection
shall not be subject to suspension nor shall | ||||||
23 | the person be eligible for
probation in order to reduce the | ||||||
24 | assignment.
| ||||||
25 | (e-2) Every person found guilty of violating this Section, | ||||||
26 | whose operation
of
a snowmobile while in violation of this |
| |||||||
| |||||||
1 | Section proximately caused any incident
resulting in an | ||||||
2 | appropriate emergency response, shall be liable for the | ||||||
3 | expense
of an emergency response as provided in subsection (i) | ||||||
4 | of Section 11-501.01 of the Illinois Vehicle Code.
| ||||||
5 | (e-3) In addition to any other penalties and liabilities, | ||||||
6 | a person who is
found guilty of violating this Section, | ||||||
7 | including any person placed on court
supervision, shall be | ||||||
8 | fined $100, payable to the circuit clerk, who shall
distribute | ||||||
9 | the money to the law enforcement agency that made the arrest or | ||||||
10 | as provided in subsection (c) of Section 10-5 of the Criminal | ||||||
11 | and Traffic Assessment Act if the arresting agency is a State | ||||||
12 | agency, unless more than one agency is responsible for the | ||||||
13 | arrest, in which case the amount shall be remitted to each unit | ||||||
14 | of government equally. Any moneys received by a law | ||||||
15 | enforcement agency under
this subsection (e-3) shall be used | ||||||
16 | to purchase law enforcement equipment or to
provide law | ||||||
17 | enforcement training that will assist in the prevention of | ||||||
18 | alcohol
related criminal violence throughout the State. Law | ||||||
19 | enforcement equipment shall
include, but is not limited to, | ||||||
20 | in-car video cameras, radar and laser speed
detection devices, | ||||||
21 | and alcohol breath testers.
| ||||||
22 | (f) In addition to any criminal penalties imposed, the
| ||||||
23 | Department of Natural Resources shall suspend the
snowmobile | ||||||
24 | operation privileges of
a person convicted or found guilty of | ||||||
25 | a misdemeanor under this
Section for a period of one
year, | ||||||
26 | except that first-time offenders are exempt from
this |
| |||||||
| |||||||
1 | mandatory one-year one year suspension.
| ||||||
2 | (g) In addition to any criminal penalties imposed, the | ||||||
3 | Department of Natural
Resources shall suspend for a period of | ||||||
4 | 5 years the snowmobile operation
privileges of any person | ||||||
5 | convicted or found guilty of a felony under this
Section.
| ||||||
6 | (Source: P.A. 102-145, eff. 7-23-21; revised 8-5-21.)
| ||||||
7 | (Text of Section after amendment by P.A. 101-652 ) | ||||||
8 | Sec. 5-7. Operating a snowmobile while under the influence | ||||||
9 | of alcohol or
other drug or drugs, intoxicating compound or | ||||||
10 | compounds, or a combination of
them; criminal penalties; | ||||||
11 | suspension of operating privileges. | ||||||
12 | (a) A person may not operate or be in actual physical | ||||||
13 | control of a
snowmobile within this State
while:
| ||||||
14 | 1. The alcohol concentration in that person's blood, | ||||||
15 | other bodily substance, or breath is a
concentration at | ||||||
16 | which driving a motor vehicle is prohibited under
| ||||||
17 | subdivision (1) of subsection (a) of
Section 11-501 of the | ||||||
18 | Illinois Vehicle Code;
| ||||||
19 | 2. The person is under the influence of alcohol;
| ||||||
20 | 3. The person is under the influence of any other drug | ||||||
21 | or combination of
drugs to a degree that renders that | ||||||
22 | person incapable of safely operating a
snowmobile;
| ||||||
23 | 3.1. The person is under the influence of any | ||||||
24 | intoxicating compound or
combination of intoxicating | ||||||
25 | compounds to a degree that renders the person
incapable of |
| |||||||
| |||||||
1 | safely operating a snowmobile;
| ||||||
2 | 4. The person is under the combined influence of | ||||||
3 | alcohol and any other
drug or drugs or intoxicating | ||||||
4 | compound or compounds to a degree that
renders that person | ||||||
5 | incapable of safely
operating a snowmobile;
| ||||||
6 | 4.3. The person who is not a CDL holder has a | ||||||
7 | tetrahydrocannabinol concentration in the person's whole | ||||||
8 | blood or other bodily substance at which driving a motor | ||||||
9 | vehicle is prohibited under
subdivision (7) of subsection | ||||||
10 | (a) of
Section 11-501 of the Illinois Vehicle Code; | ||||||
11 | 4.5. The person who is a CDL holder has any amount of a | ||||||
12 | drug, substance, or
compound in the person's breath, | ||||||
13 | blood, other bodily substance, or urine resulting from the | ||||||
14 | unlawful use or consumption of cannabis listed in the | ||||||
15 | Cannabis Control Act; or | ||||||
16 | 5. There is any amount of a drug, substance, or | ||||||
17 | compound in that person's
breath, blood, other bodily | ||||||
18 | substance, or urine resulting from the unlawful use or | ||||||
19 | consumption
of a controlled substance listed in the
| ||||||
20 | Illinois Controlled Substances Act, methamphetamine as | ||||||
21 | listed in the Methamphetamine Control and Community | ||||||
22 | Protection Act, or intoxicating compound listed in the
use
| ||||||
23 | of Intoxicating Compounds Act.
| ||||||
24 | (b) The fact that a person charged with violating this | ||||||
25 | Section is or has
been legally entitled to use alcohol, other | ||||||
26 | drug or drugs, any
intoxicating
compound or compounds, or any |
| |||||||
| |||||||
1 | combination of them does not constitute a
defense against a | ||||||
2 | charge of violating this Section.
| ||||||
3 | (c) Every person convicted of violating this Section or a | ||||||
4 | similar
provision of a local ordinance is guilty of a
Class A | ||||||
5 | misdemeanor, except as otherwise provided in this Section.
| ||||||
6 | (c-1) As used in this Section, "first time offender" means | ||||||
7 | any person who has not had a previous conviction or been | ||||||
8 | assigned supervision for violating this Section or a similar | ||||||
9 | provision of a local ordinance, or any person who has not had a | ||||||
10 | suspension imposed under subsection (e) of Section 5-7.1. | ||||||
11 | (c-2) For purposes of this Section, the following are | ||||||
12 | equivalent to a conviction: | ||||||
13 | (1) a violation of the terms of pretrial release when | ||||||
14 | the court has not relieved the defendant of complying with | ||||||
15 | the terms of pretrial release; or | ||||||
16 | (2) the failure of a defendant to appear for trial.
| ||||||
17 | (d) Every person convicted of violating this Section is | ||||||
18 | guilty of a
Class 4 felony if:
| ||||||
19 | 1. The person has a previous conviction under this | ||||||
20 | Section;
| ||||||
21 | 2. The offense results in personal injury where a | ||||||
22 | person other than the
operator suffers great bodily harm | ||||||
23 | or permanent disability or disfigurement,
when the | ||||||
24 | violation was a proximate cause of the injuries.
A person | ||||||
25 | guilty of a Class 4 felony under this paragraph 2, if | ||||||
26 | sentenced to a
term of imprisonment, shall be sentenced to |
| |||||||
| |||||||
1 | not less than one year nor more
than
12 years; or
| ||||||
2 | 3. The offense occurred during a period in which the | ||||||
3 | person's privileges
to
operate a snowmobile are revoked or | ||||||
4 | suspended, and the revocation or
suspension was for a | ||||||
5 | violation of this Section or was imposed under Section
| ||||||
6 | 5-7.1.
| ||||||
7 | (e) Every person convicted of violating this Section is | ||||||
8 | guilty
of a
Class 2 felony if the offense results in the death | ||||||
9 | of a person.
A person guilty of a Class 2 felony under this | ||||||
10 | subsection (e), if sentenced
to
a term of imprisonment, shall | ||||||
11 | be sentenced to a term of not less than 3 years
and not more | ||||||
12 | than 14 years.
| ||||||
13 | (e-1) Every person convicted of violating this Section or | ||||||
14 | a similar
provision of a local ordinance who had a child under | ||||||
15 | the age of 16 on board the
snowmobile at the time of offense | ||||||
16 | shall be subject to a mandatory minimum fine
of $500 and shall | ||||||
17 | be subject to a mandatory minimum of 5 days of community
| ||||||
18 | service in a program benefiting children. The assignment under | ||||||
19 | this subsection
shall not be subject to suspension nor shall | ||||||
20 | the person be eligible for
probation in order to reduce the | ||||||
21 | assignment.
| ||||||
22 | (e-2) Every person found guilty of violating this Section, | ||||||
23 | whose operation
of
a snowmobile while in violation of this | ||||||
24 | Section proximately caused any incident
resulting in an | ||||||
25 | appropriate emergency response, shall be liable for the | ||||||
26 | expense
of an emergency response as provided in subsection (i) |
| |||||||
| |||||||
1 | of Section 11-501.01 of the Illinois Vehicle Code.
| ||||||
2 | (e-3) In addition to any other penalties and liabilities, | ||||||
3 | a person who is
found guilty of violating this Section, | ||||||
4 | including any person placed on court
supervision, shall be | ||||||
5 | fined $100, payable to the circuit clerk, who shall
distribute | ||||||
6 | the money to the law enforcement agency that made the arrest or | ||||||
7 | as provided in subsection (c) of Section 10-5 of the Criminal | ||||||
8 | and Traffic Assessment Act if the arresting agency is a State | ||||||
9 | agency, unless more than one agency is responsible for the | ||||||
10 | arrest, in which case the amount shall be remitted to each unit | ||||||
11 | of government equally. Any moneys received by a law | ||||||
12 | enforcement agency under
this subsection (e-3) shall be used | ||||||
13 | to purchase law enforcement equipment or to
provide law | ||||||
14 | enforcement training that will assist in the prevention of | ||||||
15 | alcohol
related criminal violence throughout the State. Law | ||||||
16 | enforcement equipment shall
include, but is not limited to, | ||||||
17 | in-car video cameras, radar and laser speed
detection devices, | ||||||
18 | and alcohol breath testers.
| ||||||
19 | (f) In addition to any criminal penalties imposed, the
| ||||||
20 | Department of Natural Resources shall suspend the
snowmobile | ||||||
21 | operation privileges of
a person convicted or found guilty of | ||||||
22 | a misdemeanor under this
Section for a period of one
year, | ||||||
23 | except that first-time offenders are exempt from
this | ||||||
24 | mandatory one-year one year suspension.
| ||||||
25 | (g) In addition to any criminal penalties imposed, the | ||||||
26 | Department of Natural
Resources shall suspend for a period of |
| |||||||
| |||||||
1 | 5 years the snowmobile operation
privileges of any person | ||||||
2 | convicted or found guilty of a felony under this
Section.
| ||||||
3 | (Source: P.A. 101-652, eff. 1-1-23; 102-145, eff. 7-23-21; | ||||||
4 | revised 8-5-21.) | ||||||
5 | Section 585. The Clerks of Courts Act is amended by | ||||||
6 | changing Section 27.1b as follows: | ||||||
7 | (705 ILCS 105/27.1b) | ||||||
8 | (Section scheduled to be repealed on January 1, 2024) | ||||||
9 | Sec. 27.1b. Circuit court clerk fees. Notwithstanding any | ||||||
10 | other provision of law, all fees charged by the clerks of the | ||||||
11 | circuit court for the services described in this Section shall | ||||||
12 | be established, collected, and disbursed in accordance with | ||||||
13 | this Section. Except as otherwise specified in this Section, | ||||||
14 | all fees under this Section shall be paid in advance and | ||||||
15 | disbursed by each clerk on a monthly basis. In a county with a | ||||||
16 | population of over 3,000,000, units of local government and | ||||||
17 | school districts shall not be required to pay fees under this | ||||||
18 | Section in advance and the clerk shall instead send an | ||||||
19 | itemized bill to the unit of local government or school | ||||||
20 | district, within 30 days of the fee being incurred, and the | ||||||
21 | unit of local government or school district shall be allowed | ||||||
22 | at least 30 days from the date of the itemized bill to pay; | ||||||
23 | these payments shall be disbursed by each clerk on a monthly | ||||||
24 | basis. Unless otherwise specified in this Section, the amount |
| |||||||
| |||||||
1 | of a fee shall be determined by ordinance or resolution of the | ||||||
2 | county board and remitted to the county treasurer to be used | ||||||
3 | for purposes related to the operation of the court system in | ||||||
4 | the county. In a county with a population of over 3,000,000, | ||||||
5 | any amount retained by the clerk of the circuit court or | ||||||
6 | remitted to the county treasurer shall be subject to | ||||||
7 | appropriation by the county board. | ||||||
8 | (a) Civil cases. The fee for filing a complaint, petition, | ||||||
9 | or other pleading initiating a civil action shall be as set | ||||||
10 | forth in the applicable schedule under this subsection in | ||||||
11 | accordance with case categories established by the Supreme | ||||||
12 | Court in schedules. | ||||||
13 | (1) SCHEDULE 1: not to exceed a total of $366 in a | ||||||
14 | county with a population of 3,000,000 or more and not to | ||||||
15 | exceed $316 in any other county, except as applied to | ||||||
16 | units of local government and school districts in counties | ||||||
17 | with more than 3,000,000 inhabitants an amount not to | ||||||
18 | exceed $190 through December 31, 2021 and $184 on and | ||||||
19 | after January 1, 2022. The fees collected under this | ||||||
20 | schedule shall be disbursed as follows: | ||||||
21 | (A) The clerk shall retain a sum, in an amount not | ||||||
22 | to exceed $55 in a county with a population of | ||||||
23 | 3,000,000 or more and in an amount not to exceed $45 in | ||||||
24 | any other county determined by the clerk with the | ||||||
25 | approval of the Supreme Court, to be used for court | ||||||
26 | automation, court document storage, and administrative |
| |||||||
| |||||||
1 | purposes. | ||||||
2 | (B) The clerk shall remit up to $21 to the State | ||||||
3 | Treasurer. The State Treasurer shall deposit the | ||||||
4 | appropriate amounts, in accordance with the clerk's | ||||||
5 | instructions, as follows: | ||||||
6 | (i) up to $10, as specified by the Supreme | ||||||
7 | Court in accordance with Part 10A of Article II of | ||||||
8 | the Code of Civil Procedure, into the Mandatory | ||||||
9 | Arbitration Fund; | ||||||
10 | (ii) $2 into the Access to Justice Fund; and | ||||||
11 | (iii) $9 into the Supreme Court Special | ||||||
12 | Purposes Fund. | ||||||
13 | (C) The clerk shall remit a sum to the County | ||||||
14 | Treasurer, in an amount not to exceed $290 in a county | ||||||
15 | with a population of 3,000,000 or more and in an amount | ||||||
16 | not to exceed $250 in any other county, as specified by | ||||||
17 | ordinance or resolution passed by the county board, | ||||||
18 | for purposes related to the operation of the court | ||||||
19 | system in the county. | ||||||
20 | (2) SCHEDULE 2: not to exceed a total of $357 in a | ||||||
21 | county with a population of 3,000,000 or more and not to | ||||||
22 | exceed $266 in any other county, except as applied to | ||||||
23 | units of local government and school districts in counties | ||||||
24 | with more than 3,000,000 inhabitants an amount not to | ||||||
25 | exceed $190 through December 31, 2021 and $184 on and | ||||||
26 | after January 1, 2022. The fees collected under this |
| |||||||
| |||||||
1 | schedule shall be disbursed as follows: | ||||||
2 | (A) The clerk shall retain a sum, in an amount not | ||||||
3 | to exceed $55 in a county with a population of | ||||||
4 | 3,000,000 or more and in an amount not to exceed $45 in | ||||||
5 | any other county determined by the clerk with the | ||||||
6 | approval of the Supreme Court, to be used for court | ||||||
7 | automation, court document storage, and administrative | ||||||
8 | purposes. | ||||||
9 | (B) The clerk shall remit up to $21 to the State | ||||||
10 | Treasurer. The State Treasurer shall deposit the | ||||||
11 | appropriate amounts, in accordance with the clerk's | ||||||
12 | instructions, as follows: | ||||||
13 | (i) up to $10, as specified by the Supreme | ||||||
14 | Court in accordance with Part 10A of Article II of | ||||||
15 | the Code of Civil Procedure, into the Mandatory | ||||||
16 | Arbitration Fund; | ||||||
17 | (ii) $2 into the Access to Justice Fund: and | ||||||
18 | (iii) $9 into the Supreme Court Special | ||||||
19 | Purposes Fund. | ||||||
20 | (C) The clerk shall remit a sum to the County | ||||||
21 | Treasurer, in an amount not to exceed $281 in a county | ||||||
22 | with a population of 3,000,000 or more and in an amount | ||||||
23 | not to exceed $200 in any other county, as specified by | ||||||
24 | ordinance or resolution passed by the county board, | ||||||
25 | for purposes related to the operation of the court | ||||||
26 | system in the county. |
| |||||||
| |||||||
1 | (3) SCHEDULE 3: not to exceed a total of $265 in a | ||||||
2 | county with a population of 3,000,000 or more and not to | ||||||
3 | exceed $89 in any other county, except as applied to units | ||||||
4 | of local government and school districts in counties with | ||||||
5 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
6 | $190 through December 31, 2021 and $184 on and after | ||||||
7 | January 1, 2022. The fees collected under this schedule | ||||||
8 | shall be disbursed as follows: | ||||||
9 | (A) The clerk shall retain a sum, in an amount not | ||||||
10 | to exceed $55 in a county with a population of | ||||||
11 | 3,000,000 or more and in an amount not to exceed $22 in | ||||||
12 | any other county determined by the clerk with the | ||||||
13 | approval of the Supreme Court, to be used for court | ||||||
14 | automation, court document storage, and administrative | ||||||
15 | purposes. | ||||||
16 | (B) The clerk shall remit $11 to the State | ||||||
17 | Treasurer. The State Treasurer shall deposit the | ||||||
18 | appropriate amounts in accordance with the clerk's | ||||||
19 | instructions, as follows: | ||||||
20 | (i) $2 into the Access to Justice Fund; and | ||||||
21 | (ii) $9 into the Supreme Court Special | ||||||
22 | Purposes Fund. | ||||||
23 | (C) The clerk shall remit a sum to the County | ||||||
24 | Treasurer, in an amount not to exceed $199 in a county | ||||||
25 | with a population of 3,000,000 or more and in an amount | ||||||
26 | not to exceed $56 in any other county, as specified by |
| |||||||
| |||||||
1 | ordinance or resolution passed by the county board, | ||||||
2 | for purposes related to the operation of the court | ||||||
3 | system in the county. | ||||||
4 | (4) SCHEDULE 4: $0. | ||||||
5 | (b) Appearance. The fee for filing an appearance in a | ||||||
6 | civil action, including a cannabis civil law action under the | ||||||
7 | Cannabis Control Act, shall be as set forth in the applicable | ||||||
8 | schedule under this subsection in accordance with case | ||||||
9 | categories established by the Supreme Court in schedules. | ||||||
10 | (1) SCHEDULE 1: not to exceed a total of $230 in a | ||||||
11 | county with a population of 3,000,000 or more and not to | ||||||
12 | exceed $191 in any other county, except as applied to | ||||||
13 | units of local government and school districts in counties | ||||||
14 | with more than 3,000,000 inhabitants an amount not to | ||||||
15 | exceed $75. The fees collected under this schedule shall | ||||||
16 | be disbursed as follows: | ||||||
17 | (A) The clerk shall retain a sum, in an amount not | ||||||
18 | to exceed $50 in a county with a population of | ||||||
19 | 3,000,000 or more and in an amount not to exceed $45 in | ||||||
20 | any other county determined by the clerk with the | ||||||
21 | approval of the Supreme Court, to be used for court | ||||||
22 | automation, court document storage, and administrative | ||||||
23 | purposes. | ||||||
24 | (B) The clerk shall remit up to $21 to the State | ||||||
25 | Treasurer. The State Treasurer shall deposit the | ||||||
26 | appropriate amounts, in accordance with the clerk's |
| |||||||
| |||||||
1 | instructions, as follows: | ||||||
2 | (i) up to $10, as specified by the Supreme | ||||||
3 | Court in accordance with Part 10A of Article II of | ||||||
4 | the Code of Civil Procedure, into the Mandatory | ||||||
5 | Arbitration Fund; | ||||||
6 | (ii) $2 into the Access to Justice Fund; and | ||||||
7 | (iii) $9 into the Supreme Court Special | ||||||
8 | Purposes Fund. | ||||||
9 | (C) The clerk shall remit a sum to the County | ||||||
10 | Treasurer, in an amount not to exceed $159 in a county | ||||||
11 | with a population of 3,000,000 or more and in an amount | ||||||
12 | not to exceed $125 in any other county, as specified by | ||||||
13 | ordinance or resolution passed by the county board, | ||||||
14 | for purposes related to the operation of the court | ||||||
15 | system in the county. | ||||||
16 | (2) SCHEDULE 2: not to exceed a total of $130 in a | ||||||
17 | county with a population of 3,000,000 or more and not to | ||||||
18 | exceed $109 in any other county, except as applied to | ||||||
19 | units of local government and school districts in counties | ||||||
20 | with more than 3,000,000 inhabitants an amount not to | ||||||
21 | exceed $75. The fees collected under this schedule shall | ||||||
22 | be disbursed as follows: | ||||||
23 | (A) The clerk shall retain a sum, in an amount not | ||||||
24 | to exceed $50 in a county with a population of | ||||||
25 | 3,000,000 or more and in an amount not to exceed $10 in | ||||||
26 | any other county determined by the clerk with the |
| |||||||
| |||||||
1 | approval of the Supreme Court, to be used for court | ||||||
2 | automation, court document storage, and administrative | ||||||
3 | purposes. | ||||||
4 | (B) The clerk shall remit $9 to the State | ||||||
5 | Treasurer, which the State Treasurer shall deposit | ||||||
6 | into the Supreme Court Special Purposes Fund. | ||||||
7 | (C) The clerk shall remit a sum to the County | ||||||
8 | Treasurer, in an amount not to exceed $71 in a county | ||||||
9 | with a population of 3,000,000 or more and in an amount | ||||||
10 | not to exceed $90 in any other county, as specified by | ||||||
11 | ordinance or resolution passed by the county board, | ||||||
12 | for purposes related to the operation of the court | ||||||
13 | system in the county. | ||||||
14 | (3) SCHEDULE 3: $0. | ||||||
15 | (b-5) Kane County and Will County. In Kane County and Will | ||||||
16 | County civil cases, there is an additional fee of up to $30 as | ||||||
17 | set by the county board under Section 5-1101.3 of the Counties | ||||||
18 | Code to be paid by each party at the time of filing the first | ||||||
19 | pleading, paper, or other appearance; provided that no | ||||||
20 | additional fee shall be required if more than one party is | ||||||
21 | represented in a single pleading, paper, or other appearance. | ||||||
22 | Distribution of fees collected under this subsection (b-5) | ||||||
23 | shall be as provided in Section 5-1101.3 of the Counties Code. | ||||||
24 | (c) Counterclaim or third party complaint. When any | ||||||
25 | defendant files a counterclaim or third party complaint, as | ||||||
26 | part of the defendant's answer or otherwise, the defendant |
| |||||||
| |||||||
1 | shall pay a filing fee for each counterclaim or third party | ||||||
2 | complaint in an amount equal to the filing fee the defendant | ||||||
3 | would have had to pay had the defendant brought a separate | ||||||
4 | action for the relief sought in the counterclaim or third | ||||||
5 | party complaint, less the amount of the appearance fee, if | ||||||
6 | any, that the defendant has already paid in the action in which | ||||||
7 | the counterclaim or third party complaint is filed. | ||||||
8 | (d) Alias summons. The clerk shall collect a fee not to | ||||||
9 | exceed $6 in a county with a population of 3,000,000 or more | ||||||
10 | and not to exceed $5 in any other county for each alias summons | ||||||
11 | or citation issued by the clerk, except as applied to units of | ||||||
12 | local government and school districts in counties with more | ||||||
13 | than 3,000,000 inhabitants an amount not to exceed $5 for each | ||||||
14 | alias summons or citation issued by the clerk. | ||||||
15 | (e) Jury services. The clerk shall collect, in addition to | ||||||
16 | other fees allowed by law, a sum not to exceed $212.50, as a | ||||||
17 | fee for the services of a jury in every civil action not | ||||||
18 | quasi-criminal in its nature and not a proceeding for the | ||||||
19 | exercise of the right of eminent domain and in every other | ||||||
20 | action wherein the right of trial by jury is or may be given by | ||||||
21 | law. The jury fee shall be paid by the party demanding a jury | ||||||
22 | at the time of filing the jury demand. If the fee is not paid | ||||||
23 | by either party, no jury shall be called in the action or | ||||||
24 | proceeding, and the action or proceeding shall be tried by the | ||||||
25 | court without a jury. | ||||||
26 | (f) Change of venue. In connection with a change of venue: |
| |||||||
| |||||||
1 | (1) The clerk of the jurisdiction from which the case | ||||||
2 | is transferred may charge a fee, not to exceed $40, for the | ||||||
3 | preparation and certification of the record; and | ||||||
4 | (2) The clerk of the jurisdiction to which the case is | ||||||
5 | transferred may charge the same filing fee as if it were | ||||||
6 | the commencement of a new suit. | ||||||
7 | (g) Petition to vacate or modify. | ||||||
8 | (1) In a proceeding involving a petition to vacate or | ||||||
9 | modify any final judgment or order filed within 30 days | ||||||
10 | after the judgment or order was entered, except for an | ||||||
11 | eviction case, small claims case, petition to reopen an | ||||||
12 | estate, petition to modify, terminate, or enforce a | ||||||
13 | judgment or order for child or spousal support, or | ||||||
14 | petition to modify, suspend, or terminate an order for | ||||||
15 | withholding, the fee shall not exceed $60 in a county with | ||||||
16 | a population of 3,000,000 or more and shall not exceed $50 | ||||||
17 | in any other county, except as applied to units of local | ||||||
18 | government and school districts in counties with more than | ||||||
19 | 3,000,000 inhabitants an amount not to exceed $50. | ||||||
20 | (2) In a proceeding involving a petition to vacate or | ||||||
21 | modify any final judgment or order filed more than 30 days | ||||||
22 | after the judgment or order was entered, except for a | ||||||
23 | petition to modify, terminate, or enforce a judgment or | ||||||
24 | order for child or spousal support, or petition to modify, | ||||||
25 | suspend, or terminate an order for withholding, the fee | ||||||
26 | shall not exceed $75. |
| |||||||
| |||||||
1 | (3) In a proceeding involving a motion to vacate or | ||||||
2 | amend a final order, motion to vacate an ex parte | ||||||
3 | judgment, judgment of forfeiture, or "failure to appear" | ||||||
4 | or "failure to comply" notices sent to the Secretary of | ||||||
5 | State, the fee shall equal $40. | ||||||
6 | (h) Appeals preparation. The fee for preparation of a | ||||||
7 | record on appeal shall be based on the number of pages, as | ||||||
8 | follows: | ||||||
9 | (1) if the record contains no more than 100 pages, the | ||||||
10 | fee shall not exceed $70 in a county with a population of | ||||||
11 | 3,000,000 or more and shall not exceed $50 in any other | ||||||
12 | county; | ||||||
13 | (2) if the record contains between 100 and 200 pages, | ||||||
14 | the fee shall not exceed $100; and | ||||||
15 | (3) if the record contains 200 or more pages, the | ||||||
16 | clerk may collect an additional fee not to exceed 25 cents | ||||||
17 | per page. | ||||||
18 | (i) Remands. In any cases remanded to the circuit court | ||||||
19 | from the Supreme Court or the appellate court for a new trial, | ||||||
20 | the clerk shall reinstate the case with either its original | ||||||
21 | number or a new number. The clerk shall not charge any new or | ||||||
22 | additional fee for the reinstatement. Upon reinstatement, the | ||||||
23 | clerk shall advise the parties of the reinstatement. Parties | ||||||
24 | shall have the same right to a jury trial on remand and | ||||||
25 | reinstatement that they had before the appeal, and no | ||||||
26 | additional or new fee or charge shall be made for a jury trial |
| |||||||
| |||||||
1 | after remand. | ||||||
2 | (j) Garnishment, wage deduction, and citation. In | ||||||
3 | garnishment affidavit, wage deduction affidavit, and citation | ||||||
4 | petition proceedings: | ||||||
5 | (1) if the amount in controversy in the proceeding is | ||||||
6 | not more than $1,000, the fee may not exceed $35 in a | ||||||
7 | county with a population of 3,000,000 or more and may not | ||||||
8 | exceed $15 in any other county, except as applied to units | ||||||
9 | of local government and school districts in counties with | ||||||
10 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
11 | $15; | ||||||
12 | (2) if the amount in controversy in the proceeding is | ||||||
13 | greater than $1,000 and not more than $5,000, the fee may | ||||||
14 | not exceed $45 in a county with a population of 3,000,000 | ||||||
15 | or more and may not exceed $30 in any other county, except | ||||||
16 | as applied to units of local government and school | ||||||
17 | districts in counties with more than 3,000,000 inhabitants | ||||||
18 | an amount not to exceed $30; and | ||||||
19 | (3) if the amount in controversy in the proceeding is | ||||||
20 | greater than $5,000, the fee may not exceed $65 in a county | ||||||
21 | with a population of 3,000,000 or more and may not exceed | ||||||
22 | $50 in any other county, except as applied to units of | ||||||
23 | local government and school districts in counties with | ||||||
24 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
25 | $50. | ||||||
26 | (j-5) Debt collection. In any proceeding to collect a debt |
| |||||||
| |||||||
1 | subject to the exception in item (ii) of subparagraph (A-5) of | ||||||
2 | paragraph (1) of subsection (z) of this Section, the circuit | ||||||
3 | court shall order and the clerk shall collect from each | ||||||
4 | judgment debtor a fee of: | ||||||
5 | (1) $35 if the amount in controversy in the proceeding | ||||||
6 | is not more than $1,000; | ||||||
7 | (2) $45 if the amount in controversy in the proceeding | ||||||
8 | is greater than $1,000 and not more than $5,000; and | ||||||
9 | (3) $65 if the amount in controversy in the proceeding | ||||||
10 | is greater than $5,000. | ||||||
11 | (k) Collections. | ||||||
12 | (1) For all collections made of others, except the | ||||||
13 | State and county and except in maintenance or child | ||||||
14 | support cases, the clerk may collect a fee of up to 2.5% of | ||||||
15 | the amount collected and turned over. | ||||||
16 | (2) In child support and maintenance cases, the clerk | ||||||
17 | may collect an annual fee of up to $36 from the person | ||||||
18 | making payment for maintaining child support records and | ||||||
19 | the processing of support orders to the State of Illinois | ||||||
20 | KIDS system and the recording of payments issued by the | ||||||
21 | State Disbursement Unit for the official record of the | ||||||
22 | Court. This fee is in addition to and separate from | ||||||
23 | amounts ordered to be paid as maintenance or child support | ||||||
24 | and shall be deposited into a Separate Maintenance and | ||||||
25 | Child Support Collection Fund, of which the clerk shall be | ||||||
26 | the custodian, ex officio, to be used by the clerk to |
| |||||||
| |||||||
1 | maintain child support orders and record all payments | ||||||
2 | issued by the State Disbursement Unit for the official | ||||||
3 | record of the Court. The clerk may recover from the person | ||||||
4 | making the maintenance or child support payment any | ||||||
5 | additional cost incurred in the collection of this annual | ||||||
6 | fee. | ||||||
7 | (3) The clerk may collect a fee of $5 for | ||||||
8 | certifications made to the Secretary of State as provided | ||||||
9 | in Section 7-703 of the Illinois Vehicle Code, and this | ||||||
10 | fee shall be deposited into the Separate Maintenance and | ||||||
11 | Child Support Collection Fund. | ||||||
12 | (4) In proceedings
to foreclose the lien of delinquent | ||||||
13 | real estate taxes, State's Attorneys
shall receive a fee | ||||||
14 | of 10%
of the total amount realized from the sale of real | ||||||
15 | estate sold in the
proceedings. The clerk shall collect | ||||||
16 | the fee from the total amount realized from
the sale of the | ||||||
17 | real estate sold in the proceedings and remit to the | ||||||
18 | County Treasurer to be credited to the earnings of the | ||||||
19 | Office of the State's Attorney. | ||||||
20 | (l) Mailing. The fee for the clerk mailing documents shall | ||||||
21 | not exceed $10 plus the cost of postage. | ||||||
22 | (m) Certified copies. The fee for each certified copy of a | ||||||
23 | judgment, after the first copy, shall not exceed $10. | ||||||
24 | (n) Certification, authentication, and reproduction. | ||||||
25 | (1) The fee for each certification or authentication | ||||||
26 | for taking the acknowledgment of a deed or other |
| |||||||
| |||||||
1 | instrument in writing with the seal of office shall not | ||||||
2 | exceed $6. | ||||||
3 | (2) The fee for reproduction of any document contained | ||||||
4 | in the clerk's files shall not exceed: | ||||||
5 | (A) $2 for the first page; | ||||||
6 | (B) 50 cents per page for the next 19 pages; and | ||||||
7 | (C) 25 cents per page for all additional pages. | ||||||
8 | (o) Record search. For each record search, within a | ||||||
9 | division or municipal district, the clerk may collect a search | ||||||
10 | fee not to exceed $6 for each year searched. | ||||||
11 | (p) Hard copy. For each page of hard copy print output, | ||||||
12 | when case records are maintained on an automated medium, the | ||||||
13 | clerk may collect a fee not to exceed $10 in a county with a | ||||||
14 | population of 3,000,000 or more and not to exceed $6 in any | ||||||
15 | other county, except as applied to units of local government | ||||||
16 | and school districts in counties with more than 3,000,000 | ||||||
17 | inhabitants an amount not to exceed $6. | ||||||
18 | (q) Index inquiry and other records. No fee shall be | ||||||
19 | charged for a single plaintiff and defendant index inquiry or | ||||||
20 | single case record inquiry when this request is made in person | ||||||
21 | and the records are maintained in a current automated medium, | ||||||
22 | and when no hard copy print output is requested. The fees to be | ||||||
23 | charged for management records, multiple case records, and | ||||||
24 | multiple journal records may be specified by the Chief Judge | ||||||
25 | pursuant to the guidelines for access and dissemination of | ||||||
26 | information approved by the Supreme Court. |
| |||||||
| |||||||
1 | (r) Performing a marriage. There shall be a $10 fee for | ||||||
2 | performing a marriage in court. | ||||||
3 | (s) Voluntary assignment. For filing each deed of | ||||||
4 | voluntary assignment, the clerk shall collect a fee not to | ||||||
5 | exceed $20. For recording a deed of voluntary assignment, the | ||||||
6 | clerk shall collect a fee not to exceed 50 cents for each 100 | ||||||
7 | words. Exceptions filed to claims presented to an assignee of | ||||||
8 | a debtor who has made a voluntary assignment for the benefit of | ||||||
9 | creditors shall be considered and treated, for the purpose of | ||||||
10 | taxing costs therein, as actions in which the party or parties | ||||||
11 | filing the exceptions shall be considered as party or parties | ||||||
12 | plaintiff, and the claimant or claimants as party or parties | ||||||
13 | defendant, and those parties respectively shall pay to the | ||||||
14 | clerk the same fees as provided by this Section to be paid in | ||||||
15 | other actions. | ||||||
16 | (t) Expungement petition. The clerk may collect a fee not | ||||||
17 | to exceed $60 for each expungement petition filed and an | ||||||
18 | additional fee not to exceed $4 for each certified copy of an | ||||||
19 | order to expunge arrest records. | ||||||
20 | (u) Transcripts of judgment. For the filing of a | ||||||
21 | transcript of judgment, the clerk may collect the same fee as | ||||||
22 | if it were the commencement of a new suit. | ||||||
23 | (v) Probate filings. | ||||||
24 | (1) For each account (other than one final account) | ||||||
25 | filed in the estate of a decedent, or ward, the fee shall | ||||||
26 | not exceed $25. |
| |||||||
| |||||||
1 | (2) For filing a claim in an estate when the amount | ||||||
2 | claimed is greater than $150 and not more than $500, the | ||||||
3 | fee shall not exceed $40 in a county with a population of | ||||||
4 | 3,000,000 or more and shall not exceed $25 in any other | ||||||
5 | county; when the amount claimed is greater than $500 and | ||||||
6 | not more than $10,000, the fee shall not exceed $55 in a | ||||||
7 | county with a population of 3,000,000 or more and shall | ||||||
8 | not exceed $40 in any other county; and when the amount | ||||||
9 | claimed is more than $10,000, the fee shall not exceed $75 | ||||||
10 | in a county with a population of 3,000,000 or more and | ||||||
11 | shall not exceed $60 in any other county; except the court | ||||||
12 | in allowing a claim may add to the amount allowed the | ||||||
13 | filing fee paid by the claimant. | ||||||
14 | (3) For filing in an estate a claim, petition, or | ||||||
15 | supplemental proceeding based upon an action seeking | ||||||
16 | equitable relief including the construction or contest of | ||||||
17 | a will, enforcement of a contract to make a will, and | ||||||
18 | proceedings involving testamentary trusts or the | ||||||
19 | appointment of testamentary trustees, the fee shall not | ||||||
20 | exceed $60. | ||||||
21 | (4) There shall be no fee for filing in an estate: (i) | ||||||
22 | the appearance of any person for the purpose of consent; | ||||||
23 | or (ii) the appearance of an executor, administrator, | ||||||
24 | administrator to collect, guardian, guardian ad litem, or | ||||||
25 | special administrator. | ||||||
26 | (5) For each jury demand, the fee shall not exceed |
| |||||||
| |||||||
1 | $137.50. | ||||||
2 | (6) For each certified copy of letters of office, of | ||||||
3 | court order, or other certification, the fee shall not | ||||||
4 | exceed
$2 per page. | ||||||
5 | (7) For each exemplification, the fee shall not exceed | ||||||
6 | $2, plus the fee for certification. | ||||||
7 | (8) The executor, administrator, guardian, petitioner, | ||||||
8 | or other interested person or his or her attorney shall | ||||||
9 | pay the cost of publication by the clerk directly to the | ||||||
10 | newspaper. | ||||||
11 | (9) The person on whose behalf a charge is incurred | ||||||
12 | for witness, court reporter, appraiser, or other | ||||||
13 | miscellaneous fees shall pay the same directly to the | ||||||
14 | person entitled thereto. | ||||||
15 | (10) The executor, administrator, guardian, | ||||||
16 | petitioner, or other interested person or his or her | ||||||
17 | attorney shall pay to the clerk all postage charges | ||||||
18 | incurred by the clerk in mailing petitions, orders, | ||||||
19 | notices, or other documents pursuant to the provisions of | ||||||
20 | the Probate Act of 1975. | ||||||
21 | (w) Corrections of numbers. For correction of the case | ||||||
22 | number, case title, or attorney computer identification | ||||||
23 | number, if required by rule of court, on any document filed in | ||||||
24 | the clerk's office, to be charged against the party that filed | ||||||
25 | the document, the fee shall not exceed $25. | ||||||
26 | (x) Miscellaneous. |
| |||||||
| |||||||
1 | (1) Interest earned on any fees collected by the clerk | ||||||
2 | shall be turned over to the county general fund as an | ||||||
3 | earning of the office. | ||||||
4 | (2) For any check, draft, or other bank instrument | ||||||
5 | returned to the clerk for non-sufficient funds, account | ||||||
6 | closed, or payment stopped, the clerk shall collect a fee | ||||||
7 | of $25. | ||||||
8 | (y) Other fees. Any fees not covered in this Section shall | ||||||
9 | be set by rule or administrative order of the circuit court | ||||||
10 | with the approval of the Administrative Office of the Illinois | ||||||
11 | Courts. The clerk of the circuit court may provide services in | ||||||
12 | connection with the operation of the clerk's office, other | ||||||
13 | than those services mentioned in this Section, as may be | ||||||
14 | requested by the public and agreed to by the clerk and approved | ||||||
15 | by the Chief Judge. Any charges for additional services shall | ||||||
16 | be as agreed to between the clerk and the party making the | ||||||
17 | request and approved by the Chief Judge. Nothing in this | ||||||
18 | subsection shall be construed to require any clerk to provide | ||||||
19 | any service not otherwise required by law. | ||||||
20 | (y-5) Unpaid fees. Unless a court ordered payment schedule | ||||||
21 | is implemented or the fee
requirements of this Section are | ||||||
22 | waived under a court order, the clerk of
the circuit court may | ||||||
23 | add to any unpaid fees and costs under this Section a | ||||||
24 | delinquency
amount equal to 5% of the unpaid fees that remain | ||||||
25 | unpaid after 30 days, 10% of
the unpaid fees that remain unpaid | ||||||
26 | after 60 days, and 15% of the unpaid fees
that remain unpaid |
| |||||||
| |||||||
1 | after 90 days. Notice to those parties may be made by
signage | ||||||
2 | posting or publication. The additional delinquency amounts | ||||||
3 | collected under this Section shall
be deposited into the | ||||||
4 | Circuit Court Clerk Operations and Administration Fund and | ||||||
5 | used to defray additional administrative costs incurred by the | ||||||
6 | clerk of the
circuit court in collecting unpaid fees and | ||||||
7 | costs. | ||||||
8 | (z) Exceptions. | ||||||
9 | (1) No fee authorized by this Section shall apply to: | ||||||
10 | (A) police departments or other law enforcement | ||||||
11 | agencies. In this Section, "law enforcement agency" | ||||||
12 | means: an agency of the State or agency of a unit of | ||||||
13 | local government which is vested by law or ordinance | ||||||
14 | with the duty to maintain public order and to enforce | ||||||
15 | criminal laws or ordinances; the Attorney General; or | ||||||
16 | any State's Attorney; | ||||||
17 | (A-5) any unit of local government or school | ||||||
18 | district, except in counties having a population of | ||||||
19 | 500,000 or more the county board may by resolution set | ||||||
20 | fees for units of local government or school districts | ||||||
21 | no greater than the minimum fees applicable in | ||||||
22 | counties with a population less than 3,000,000; | ||||||
23 | provided however, no fee may be charged to any unit of | ||||||
24 | local government or school district in connection with | ||||||
25 | any action which, in whole or in part, is: (i) to | ||||||
26 | enforce an ordinance; (ii) to collect a debt; or (iii) |
| |||||||
| |||||||
1 | under the Administrative Review Law; | ||||||
2 | (B) any action instituted by the corporate | ||||||
3 | authority of a municipality with more than 1,000,000 | ||||||
4 | inhabitants under Section 11-31-1 of the Illinois | ||||||
5 | Municipal Code and any action instituted under | ||||||
6 | subsection (b) of Section 11-31-1 of the Illinois | ||||||
7 | Municipal Code by a private owner or tenant of real | ||||||
8 | property within 1,200 feet of a dangerous or unsafe | ||||||
9 | building seeking an order compelling the owner or | ||||||
10 | owners of the building to take any of the actions | ||||||
11 | authorized under that subsection; | ||||||
12 | (C) any commitment petition or petition for an | ||||||
13 | order authorizing the administration of psychotropic | ||||||
14 | medication or electroconvulsive therapy under the | ||||||
15 | Mental Health and Developmental Disabilities Code; | ||||||
16 | (D) a petitioner in any order of protection | ||||||
17 | proceeding, including, but not limited to, fees for | ||||||
18 | filing, modifying, withdrawing, certifying, or | ||||||
19 | photocopying petitions for orders of protection, | ||||||
20 | issuing alias summons, any related filing service, or | ||||||
21 | certifying, modifying, vacating, or photocopying any | ||||||
22 | orders of protection; or | ||||||
23 | (E) proceedings for the appointment of a | ||||||
24 | confidential intermediary under the Adoption Act. | ||||||
25 | (2) No fee other than the filing fee contained in the | ||||||
26 | applicable schedule in subsection (a) shall be charged to |
| |||||||
| |||||||
1 | any person in connection with an adoption proceeding. | ||||||
2 | (3) Upon good cause shown, the court may waive any | ||||||
3 | fees associated with a special needs adoption. The term | ||||||
4 | "special needs adoption" has the meaning provided by the | ||||||
5 | Illinois Department of Children and Family Services. | ||||||
6 | (aa) This Section is repealed on January 1, 2024.
| ||||||
7 | (Source: P.A. 101-645, eff. 6-26-20; 102-145, eff. 7-23-21; | ||||||
8 | 102-278, eff. 8-6-21; 102-558, eff. 8-20-21; revised | ||||||
9 | 10-13-21.) | ||||||
10 | Section 590. The Criminal and Traffic Assessment Act is | ||||||
11 | amended by changing Section 15-70 as follows: | ||||||
12 | (705 ILCS 135/15-70)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2024) | ||||||
14 | Sec. 15-70. Conditional assessments. In addition to | ||||||
15 | payments under one of the Schedule of Assessments 1 through 13 | ||||||
16 | of this Act, the court shall also order payment of any of the | ||||||
17 | following conditional assessment amounts for each sentenced | ||||||
18 | violation in the case to which a conditional assessment is | ||||||
19 | applicable, which shall be collected and remitted by the Clerk | ||||||
20 | of the Circuit Court as provided in this Section: | ||||||
21 | (1) arson, residential arson, or aggravated arson, | ||||||
22 | $500 per conviction to the State Treasurer for deposit | ||||||
23 | into the Fire Prevention Fund; | ||||||
24 | (2) child pornography under Section 11-20.1 of the |
| |||||||
| |||||||
1 | Criminal Code of 1961 or the Criminal Code of 2012, $500 | ||||||
2 | per conviction, unless more than one agency is responsible | ||||||
3 | for the arrest in which case the amount shall be remitted | ||||||
4 | to each unit of government equally: | ||||||
5 | (A) if the arresting agency is an agency of a unit | ||||||
6 | of local government, $500 to the treasurer of the unit | ||||||
7 | of local government for deposit into the unit of local | ||||||
8 | government's General Fund, except that if the Illinois | ||||||
9 | State Police provides digital or electronic forensic | ||||||
10 | examination assistance, or both, to the arresting | ||||||
11 | agency then $100 to the State Treasurer for deposit | ||||||
12 | into the State Crime Laboratory Fund; or | ||||||
13 | (B) if the arresting agency is the Illinois State | ||||||
14 | Police, $500 to the State Treasurer for deposit into | ||||||
15 | the State Crime Laboratory Fund; | ||||||
16 | (3)
crime laboratory drug analysis for a drug-related | ||||||
17 | offense involving possession or delivery of cannabis or | ||||||
18 | possession or delivery of a controlled substance as | ||||||
19 | defined in the Cannabis Control Act, the Illinois | ||||||
20 | Controlled Substances Act, or the Methamphetamine Control | ||||||
21 | and Community Protection Act, $100 reimbursement for | ||||||
22 | laboratory analysis, as set forth in subsection (f) of | ||||||
23 | Section 5-9-1.4 of the Unified Code of Corrections; | ||||||
24 | (4)
DNA analysis, $250 on each conviction in which it | ||||||
25 | was used to the State Treasurer for deposit into the State | ||||||
26 | Crime Laboratory Fund as set forth in Section 5-9-1.4 of |
| |||||||
| |||||||
1 | the Unified Code of Corrections; | ||||||
2 | (5)
DUI analysis, $150 on each sentenced violation in | ||||||
3 | which it was used as set forth in subsection (f) of Section | ||||||
4 | 5-9-1.9 of the Unified Code of Corrections; | ||||||
5 | (6) drug-related
offense involving possession or | ||||||
6 | delivery of cannabis or possession or delivery
of a | ||||||
7 | controlled substance, other than methamphetamine, as | ||||||
8 | defined in the Cannabis Control Act
or the Illinois | ||||||
9 | Controlled Substances Act, an amount not less than
the | ||||||
10 | full street value of the cannabis or controlled substance | ||||||
11 | seized for each conviction to be disbursed as follows: | ||||||
12 | (A) 12.5% of the street value assessment shall be | ||||||
13 | paid into the Youth Drug Abuse Prevention Fund, to be | ||||||
14 | used by the Department of Human Services for the | ||||||
15 | funding of programs and services for drug-abuse | ||||||
16 | treatment, and prevention and education services; | ||||||
17 | (B) 37.5% to the county in which the charge was | ||||||
18 | prosecuted, to be deposited into the county General | ||||||
19 | Fund; | ||||||
20 | (C) 50% to the treasurer of the arresting law | ||||||
21 | enforcement agency of the municipality or county, or | ||||||
22 | to the State Treasurer if the arresting agency was a | ||||||
23 | state agency, to be deposited as provided in | ||||||
24 | subsection (c) of Section 10-5; | ||||||
25 | (D) if the arrest was made in combination with | ||||||
26 | multiple law enforcement agencies, the clerk shall |
| |||||||
| |||||||
1 | equitably allocate the portion in subparagraph (C) of | ||||||
2 | this paragraph (6) among the law enforcement agencies | ||||||
3 | involved in the arrest; | ||||||
4 | (6.5) Kane County or Will County, in felony, | ||||||
5 | misdemeanor, local or county ordinance, traffic, or | ||||||
6 | conservation cases, up to $30 as set by the county board | ||||||
7 | under Section 5-1101.3 of the Counties Code upon the entry | ||||||
8 | of a judgment of conviction, an order of supervision, or a | ||||||
9 | sentence of probation without entry of judgment under | ||||||
10 | Section 10 of the Cannabis Control Act, Section 410 of the | ||||||
11 | Illinois Controlled Substances Act, Section 70 of the | ||||||
12 | Methamphetamine Control and Community Protection Act, | ||||||
13 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of | ||||||
14 | the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
15 | Section 10-102 of the Illinois Alcoholism and Other Drug | ||||||
16 | Dependency Act, or Section 10 of the Steroid Control Act; | ||||||
17 | except in local or county ordinance, traffic, and | ||||||
18 | conservation cases, if fines are paid in full without a | ||||||
19 | court appearance, then the assessment shall not be imposed | ||||||
20 | or collected. Distribution of assessments collected under | ||||||
21 | this paragraph (6.5) shall be as provided in Section | ||||||
22 | 5-1101.3 of the Counties Code; | ||||||
23 | (7) methamphetamine-related
offense involving | ||||||
24 | possession or delivery of methamphetamine or any salt of | ||||||
25 | an optical isomer of methamphetamine or possession of a | ||||||
26 | methamphetamine manufacturing material as set forth in |
| |||||||
| |||||||
1 | Section 10 of the Methamphetamine Control and Community | ||||||
2 | Protection Act with the intent to manufacture a substance | ||||||
3 | containing methamphetamine or salt of an optical isomer of | ||||||
4 | methamphetamine, an amount not less than
the full street | ||||||
5 | value of the methamphetamine or salt of an optical isomer | ||||||
6 | of methamphetamine or methamphetamine manufacturing | ||||||
7 | materials seized for each conviction to be disbursed as | ||||||
8 | follows: | ||||||
9 | (A) 12.5% of the street value assessment shall be | ||||||
10 | paid into the Youth Drug Abuse Prevention Fund, to be | ||||||
11 | used by the Department of Human Services for the | ||||||
12 | funding of programs and services for drug-abuse | ||||||
13 | treatment, and prevention and education services; | ||||||
14 | (B) 37.5% to the county in which the charge was | ||||||
15 | prosecuted, to be deposited into the county General | ||||||
16 | Fund; | ||||||
17 | (C) 50% to the treasurer of the arresting law | ||||||
18 | enforcement agency of the municipality or county, or | ||||||
19 | to the State Treasurer if the arresting agency was a | ||||||
20 | state agency, to be deposited as provided in | ||||||
21 | subsection (c) of Section 10-5; | ||||||
22 | (D) if the arrest was made in combination with | ||||||
23 | multiple law enforcement agencies, the clerk shall | ||||||
24 | equitably allocate the portion in subparagraph (C) of | ||||||
25 | this paragraph (6) among the law enforcement agencies | ||||||
26 | involved in the arrest; |
| |||||||
| |||||||
1 | (8)
order of protection violation under Section 12-3.4 | ||||||
2 | of the Criminal Code of 2012, $200 for each conviction to | ||||||
3 | the county treasurer for deposit into the Probation and | ||||||
4 | Court Services Fund for implementation of a domestic | ||||||
5 | violence surveillance program and any other assessments or | ||||||
6 | fees imposed under Section 5-9-1.16 of the Unified Code of | ||||||
7 | Corrections; | ||||||
8 | (9)
order of protection violation, $25 for each | ||||||
9 | violation to the State Treasurer, for deposit into the | ||||||
10 | Domestic Violence Abuser Services Fund; | ||||||
11 | (10)
prosecution by the State's Attorney of a: | ||||||
12 | (A) petty or business offense, $4 to the county | ||||||
13 | treasurer of which $2 deposited into the State's | ||||||
14 | Attorney Records Automation Fund and $2 into the | ||||||
15 | Public Defender Records Automation Fund; | ||||||
16 | (B) conservation or traffic offense, $2 to the | ||||||
17 | county treasurer for deposit into the State's Attorney | ||||||
18 | Records Automation Fund; | ||||||
19 | (11) speeding in a construction zone violation, $250 | ||||||
20 | to the State Treasurer for deposit into the Transportation | ||||||
21 | Safety Highway Hire-back Fund, unless (i) the violation | ||||||
22 | occurred on a highway other than an interstate highway and | ||||||
23 | (ii) a county police officer wrote the ticket for the | ||||||
24 | violation, in which case to the county treasurer for | ||||||
25 | deposit into that county's Transportation Safety Highway | ||||||
26 | Hire-back Fund; |
| |||||||
| |||||||
1 | (12) supervision disposition on an offense under the | ||||||
2 | Illinois Vehicle Code or similar provision of a local | ||||||
3 | ordinance, 50 cents, unless waived by the court, into the | ||||||
4 | Prisoner Review Board Vehicle and Equipment Fund; | ||||||
5 | (13) victim and offender are family or household | ||||||
6 | members as defined in Section 103 of the Illinois Domestic | ||||||
7 | Violence Act of 1986 and offender pleads guilty
or no | ||||||
8 | contest to or is convicted of murder, voluntary | ||||||
9 | manslaughter,
involuntary manslaughter, burglary, | ||||||
10 | residential burglary, criminal trespass
to residence, | ||||||
11 | criminal trespass to vehicle, criminal trespass to land,
| ||||||
12 | criminal damage to property, telephone harassment, | ||||||
13 | kidnapping, aggravated
kidnaping, unlawful restraint, | ||||||
14 | forcible detention, child abduction,
indecent solicitation | ||||||
15 | of a child, sexual relations between siblings,
| ||||||
16 | exploitation of a child, child pornography, assault, | ||||||
17 | aggravated assault,
battery, aggravated battery, heinous | ||||||
18 | battery, aggravated battery of a
child, domestic battery, | ||||||
19 | reckless conduct, intimidation, criminal sexual
assault, | ||||||
20 | predatory criminal sexual assault of a child, aggravated | ||||||
21 | criminal
sexual assault, criminal sexual abuse,
aggravated | ||||||
22 | criminal sexual abuse, violation of an order of | ||||||
23 | protection,
disorderly conduct, endangering the life or | ||||||
24 | health of a child, child
abandonment, contributing to | ||||||
25 | dependency or neglect of child, or cruelty to
children and | ||||||
26 | others, $200 for each sentenced violation to the State |
| |||||||
| |||||||
1 | Treasurer
for deposit as follows: (i) for sexual assault, | ||||||
2 | as defined in Section 5-9-1.7 of the Unified Code of | ||||||
3 | Corrections, when
the offender and victim are family | ||||||
4 | members, one-half to the Domestic Violence
Shelter and | ||||||
5 | Service Fund, and one-half to the Sexual Assault Services | ||||||
6 | Fund;
(ii) for the remaining offenses to the Domestic | ||||||
7 | Violence Shelter and Service
Fund; | ||||||
8 | (14)
violation of Section 11-501 of the Illinois | ||||||
9 | Vehicle Code, Section 5-7 of the Snowmobile Registration | ||||||
10 | and Safety Act, Section 5-16 of the Boat Registration and | ||||||
11 | Safety Act, or a similar provision, whose operation of a | ||||||
12 | motor vehicle, snowmobile, or watercraft while in | ||||||
13 | violation of Section 11-501, Section 5-7 of the Snowmobile | ||||||
14 | Registration and Safety Act, Section 5-16 of the Boat | ||||||
15 | Registration and Safety Act, or a similar provision | ||||||
16 | proximately caused an incident resulting in an appropriate | ||||||
17 | emergency response, $1,000 maximum to the public agency | ||||||
18 | that provided an emergency response related to the | ||||||
19 | person's violation, or as provided in subsection (c) of | ||||||
20 | Section 10-5 if the arresting agency was a State agency, | ||||||
21 | unless more than one agency was responsible for the | ||||||
22 | arrest, in which case the amount shall be remitted to each | ||||||
23 | unit of government equally; | ||||||
24 | (15)
violation of Section 401, 407, or 407.2 of the | ||||||
25 | Illinois Controlled Substances Act that proximately caused | ||||||
26 | any incident resulting in an appropriate drug-related |
| |||||||
| |||||||
1 | emergency response, $1,000 as reimbursement for the | ||||||
2 | emergency response to the law enforcement agency that
made | ||||||
3 | the arrest, or as provided in subsection (c) of Section | ||||||
4 | 10-5 if the arresting agency was a State agency, unless | ||||||
5 | more than one agency was responsible for the arrest, in | ||||||
6 | which case the amount shall be remitted to each unit of | ||||||
7 | government equally; | ||||||
8 | (16)
violation of reckless driving, aggravated | ||||||
9 | reckless driving, or driving 26 miles per hour or more in | ||||||
10 | excess of the speed limit that triggered an emergency | ||||||
11 | response, $1,000 maximum reimbursement for the emergency | ||||||
12 | response to be distributed in its entirety to a public | ||||||
13 | agency that provided an emergency response related to the | ||||||
14 | person's violation, or as provided in subsection (c) of | ||||||
15 | Section 10-5 if the arresting agency was a State agency, | ||||||
16 | unless more than one agency was responsible for the | ||||||
17 | arrest, in which case the amount shall be remitted to each | ||||||
18 | unit of government equally; | ||||||
19 | (17) violation based upon each plea of guilty, | ||||||
20 | stipulation of facts, or finding of guilt resulting in a | ||||||
21 | judgment of conviction or order of supervision for an | ||||||
22 | offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of | ||||||
23 | the Criminal Code of 2012 that results in the imposition | ||||||
24 | of a fine, to be distributed as follows:
| ||||||
25 | (A) $50 to the county treasurer for deposit into | ||||||
26 | the Circuit Court Clerk Operation and Administrative |
| |||||||
| |||||||
1 | Fund to cover the costs in administering this | ||||||
2 | paragraph (17);
| ||||||
3 | (B) $300 to the State Treasurer who shall deposit | ||||||
4 | the portion as follows:
| ||||||
5 | (i) if the arresting or investigating agency | ||||||
6 | is the Illinois State
Police, into the State | ||||||
7 | Police Law Enforcement Administration Fund;
| ||||||
8 | (ii) if the arresting or investigating agency | ||||||
9 | is the Department of
Natural Resources, into the | ||||||
10 | Conservation Police Operations Assistance Fund;
| ||||||
11 | (iii) if the arresting or investigating agency | ||||||
12 | is the Secretary of State,
into the Secretary of | ||||||
13 | State Police Services Fund;
| ||||||
14 | (iv) if the arresting or investigating agency | ||||||
15 | is the Illinois Commerce
Commission, into the | ||||||
16 | Transportation Regulatory Fund; or
| ||||||
17 | (v) if more than one of the State agencies in | ||||||
18 | this subparagraph (B) is the arresting or | ||||||
19 | investigating agency, then equal shares with the | ||||||
20 | shares deposited as provided in the applicable | ||||||
21 | items (i) through (iv) of this subparagraph (B); | ||||||
22 | and | ||||||
23 | (C) the remainder for deposit into the Specialized | ||||||
24 | Services for Survivors of Human Trafficking Fund;
| ||||||
25 | (18) weapons violation under Section 24-1.1, 24-1.2, | ||||||
26 | or 24-1.5 of the Criminal Code of 1961 or the Criminal Code |
| |||||||
| |||||||
1 | of 2012, $100 for each conviction to the State Treasurer | ||||||
2 | for deposit into the Trauma Center Fund; and
| ||||||
3 | (19) violation of subsection (c) of Section 11-907 of | ||||||
4 | the Illinois Vehicle Code, $250 to the State Treasurer for | ||||||
5 | deposit into the Scott's Law Fund, unless a county or | ||||||
6 | municipal police officer wrote the ticket for the | ||||||
7 | violation, in which case to the county treasurer for | ||||||
8 | deposit into that county's or municipality's | ||||||
9 | Transportation Safety Highway Hire-back Fund to be used as | ||||||
10 | provided in subsection (j) of Section 11-907 of the | ||||||
11 | Illinois Vehicle Code. | ||||||
12 | (Source: P.A. 101-173, eff. 1-1-20; 101-636, eff. 6-10-20; | ||||||
13 | 102-145, eff. 7-23-21; 102-505, eff. 8-20-21; 102-538, eff. | ||||||
14 | 8-20-21; revised 10-13-21.) | ||||||
15 | Section 595. The Juvenile Court Act of 1987 is amended by | ||||||
16 | setting forth and renumbering multiple versions of Section | ||||||
17 | 1-4.2 and by changing Sections 1-7, 1-8, 2-10, 2-28, 5-501, | ||||||
18 | and 5-901 as follows: | ||||||
19 | (705 ILCS 405/1-4.2) | ||||||
20 | Sec. 1-4.2. Trauma-sensitive transport. | ||||||
21 | (a) The Department of Children and Family Services shall | ||||||
22 | ensure the provision of trauma-sensitive transport to minors | ||||||
23 | placed in its care
in accordance with this Act. | ||||||
24 | Notwithstanding any other law to the contrary, no minor shall |
| |||||||
| |||||||
1 | be
subjected to restraints, as defined in Section 4e of the | ||||||
2 | Children and Family Services Act, during the provision of any | ||||||
3 | transportation services
provided or arranged by the Department | ||||||
4 | of Children and Family Services or its contractual assigns. | ||||||
5 | (b) The Department of Children and Family Services' | ||||||
6 | application to the court for approval of an individualized | ||||||
7 | trauma-sensitive
transportation plan must include a copy of | ||||||
8 | the plan developed in accordance with Section 4e of the | ||||||
9 | Children
and Family Services Act and the written approval of | ||||||
10 | the Department as required by paragraph (2) of subsection (e) | ||||||
11 | of
Section 4e of the Children and Family Services Act. | ||||||
12 | (c) When considering whether to approve the individualized | ||||||
13 | trauma-sensitive transportation plan, the court shall
consider | ||||||
14 | the minor's best interest and the following additional | ||||||
15 | factors: the reason for the transport, the
type of placement | ||||||
16 | the minor is being transported from and to, the anticipated | ||||||
17 | length of travel, the
clinical needs of the minor, including | ||||||
18 | any medical or emotional needs, any available less restrictive
| ||||||
19 | alternatives, and any other factor the court deems relevant. | ||||||
20 | The court may require amendments to the
minor's | ||||||
21 | trauma-sensitive individualized transportation plan based on | ||||||
22 | written findings of fact that the
plan, as written, is not in | ||||||
23 | the minor's best interest.
| ||||||
24 | (Source: P.A. 102-649, eff. 8-27-21.)
| ||||||
25 | (705 ILCS 405/1-4.3)
|
| |||||||
| |||||||
1 | Sec. 1-4.3 1-4.2 . Special immigrant minor. | ||||||
2 | (a) The court hearing a case under this Act has | ||||||
3 | jurisdiction to make the findings necessary to enable a minor | ||||||
4 | who has been adjudicated a ward of the court to petition the | ||||||
5 | United States Citizenship and Immigration Services for | ||||||
6 | classification as a special immigrant juvenile under 8 U.S.C. | ||||||
7 | 1101(a)(27)(J). A minor for whom the court finds under | ||||||
8 | subsection (b) shall remain under the jurisdiction of the | ||||||
9 | court until his or her special immigrant juvenile petition is | ||||||
10 | filed with the United States Citizenship and Immigration | ||||||
11 | Services, or its successor agency. | ||||||
12 | (b) If a motion requests findings regarding Special | ||||||
13 | Immigrant Juvenile Status under 8 U.S.C. 1101(a)(27)(J) and | ||||||
14 | the evidence, which may consist solely of, but is not limited | ||||||
15 | to, a declaration of the minor, supports the findings, the | ||||||
16 | court shall issue an order that includes the following | ||||||
17 | findings: | ||||||
18 | (1) the minor is: | ||||||
19 | (i) declared a dependent of the court; or | ||||||
20 | (ii) legally committed to, or placed under the | ||||||
21 | custody of, a State agency or department, or an | ||||||
22 | individual or entity appointed by the court; | ||||||
23 | (2) that reunification of the minor with one or both | ||||||
24 | of the minor's parents is not viable due to abuse, | ||||||
25 | neglect, abandonment, or other similar basis; and | ||||||
26 | (3) that it is not in the best interest of the minor to |
| |||||||
| |||||||
1 | be returned to the minor's or parent's previous country of | ||||||
2 | nationality or last habitual residence. | ||||||
3 | (c) For purposes of this Section: | ||||||
4 | "Abandonment" means, but is not limited to, the failure of | ||||||
5 | a parent or legal guardian to maintain a reasonable degree of | ||||||
6 | interest, concern, or responsibility for the welfare of his or | ||||||
7 | her minor child or ward. "Abandonment" includes the definition | ||||||
8 | of "dependency" provided in Section 2-4. | ||||||
9 | "Abuse" has the meaning provided in Section 2-3. | ||||||
10 | "Neglect" has the meaning provided in Section 2-3.
| ||||||
11 | (Source: P.A. 102-259, eff. 8-6-21; revised 11-18-21.)
| ||||||
12 | (705 ILCS 405/1-7)
| ||||||
13 | (Text of Section before amendment by P.A. 101-652 ) | ||||||
14 | Sec. 1-7. Confidentiality of juvenile law enforcement and | ||||||
15 | municipal ordinance violation records.
| ||||||
16 | (A) All juvenile law enforcement records which have not | ||||||
17 | been expunged are confidential and may never be disclosed to | ||||||
18 | the general public or otherwise made widely available. | ||||||
19 | Juvenile law enforcement records may be obtained only under | ||||||
20 | this Section and Section 1-8 and Part 9 of Article V of this | ||||||
21 | Act, when their use is needed for good cause and with an order | ||||||
22 | from the juvenile court, as required by those not authorized | ||||||
23 | to retain them. Inspection, copying, and disclosure of | ||||||
24 | juvenile law enforcement records maintained by law
enforcement | ||||||
25 | agencies or records of municipal ordinance violations |
| |||||||
| |||||||
1 | maintained by any State, local, or municipal agency that | ||||||
2 | relate to a minor who has been investigated, arrested, or | ||||||
3 | taken
into custody before his or her 18th birthday shall be | ||||||
4 | restricted to the
following:
| ||||||
5 | (0.05) The minor who is the subject of the juvenile | ||||||
6 | law enforcement record, his or her parents, guardian, and | ||||||
7 | counsel. | ||||||
8 | (0.10) Judges of the circuit court and members of the | ||||||
9 | staff of the court designated by the judge. | ||||||
10 | (0.15) An administrative adjudication hearing officer | ||||||
11 | or members of the staff designated to assist in the | ||||||
12 | administrative adjudication process. | ||||||
13 | (1) Any local, State, or federal law enforcement | ||||||
14 | officers or designated law enforcement staff of any
| ||||||
15 | jurisdiction or agency when necessary for the discharge of | ||||||
16 | their official
duties during the investigation or | ||||||
17 | prosecution of a crime or relating to a
minor who has been | ||||||
18 | adjudicated delinquent and there has been a previous | ||||||
19 | finding
that the act which constitutes the previous | ||||||
20 | offense was committed in
furtherance of criminal | ||||||
21 | activities by a criminal street gang, or, when necessary | ||||||
22 | for the discharge of its official duties in connection | ||||||
23 | with a particular investigation of the conduct of a law | ||||||
24 | enforcement officer, an independent agency or its staff | ||||||
25 | created by ordinance and charged by a unit of local | ||||||
26 | government with the duty of investigating the conduct of |
| |||||||
| |||||||
1 | law enforcement officers. For purposes of
this Section, | ||||||
2 | "criminal street gang" has the meaning ascribed to it in
| ||||||
3 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
4 | Prevention Act.
| ||||||
5 | (2) Prosecutors, public defenders, probation officers, | ||||||
6 | social workers, or other
individuals assigned by the court | ||||||
7 | to conduct a pre-adjudication or
pre-disposition | ||||||
8 | investigation, and individuals responsible for supervising
| ||||||
9 | or providing temporary or permanent care and custody for | ||||||
10 | minors under
the order of the juvenile court, when | ||||||
11 | essential to performing their
responsibilities.
| ||||||
12 | (3) Federal, State, or local prosecutors, public | ||||||
13 | defenders, probation officers, and designated staff:
| ||||||
14 | (a) in the course of a trial when institution of | ||||||
15 | criminal proceedings
has been permitted or required | ||||||
16 | under Section 5-805;
| ||||||
17 | (b) when institution of criminal proceedings has | ||||||
18 | been permitted or required under Section 5-805 and the | ||||||
19 | minor is the
subject
of a proceeding to determine the | ||||||
20 | amount of bail;
| ||||||
21 | (c) when criminal proceedings have been permitted
| ||||||
22 | or
required under Section 5-805 and the minor is the | ||||||
23 | subject of a
pre-trial
investigation, pre-sentence | ||||||
24 | investigation, fitness hearing, or proceedings
on an | ||||||
25 | application for probation; or
| ||||||
26 | (d) in the course of prosecution or administrative |
| |||||||
| |||||||
1 | adjudication of a violation of a traffic, boating, or | ||||||
2 | fish and game law, or a county or municipal ordinance. | ||||||
3 | (4) Adult and Juvenile Prisoner Review Board.
| ||||||
4 | (5) Authorized military personnel.
| ||||||
5 | (5.5) Employees of the federal government authorized | ||||||
6 | by law. | ||||||
7 | (6) Persons engaged in bona fide research, with the | ||||||
8 | permission of the
Presiding Judge and the chief executive | ||||||
9 | of the respective
law enforcement agency; provided that | ||||||
10 | publication of such research results
in no disclosure of a | ||||||
11 | minor's identity and protects the confidentiality
of the | ||||||
12 | minor's record.
| ||||||
13 | (7) Department of Children and Family Services child | ||||||
14 | protection
investigators acting in their official | ||||||
15 | capacity.
| ||||||
16 | (8) The appropriate school official only if the agency | ||||||
17 | or officer believes that there is an imminent threat of | ||||||
18 | physical harm to students, school personnel, or others who | ||||||
19 | are present in the school or on school grounds. | ||||||
20 | (A) Inspection and copying
shall be limited to | ||||||
21 | juvenile law enforcement records transmitted to the | ||||||
22 | appropriate
school official or officials whom the | ||||||
23 | school has determined to have a legitimate educational | ||||||
24 | or safety interest by a local law enforcement agency | ||||||
25 | under a reciprocal reporting
system established and | ||||||
26 | maintained between the school district and the local |
| |||||||
| |||||||
1 | law
enforcement agency under Section 10-20.14 of the | ||||||
2 | School Code concerning a minor
enrolled in a school | ||||||
3 | within the school district who has been arrested or | ||||||
4 | taken
into custody for any of the following offenses:
| ||||||
5 | (i) any violation of Article 24 of the | ||||||
6 | Criminal Code of
1961 or the Criminal Code of | ||||||
7 | 2012;
| ||||||
8 | (ii) a violation of the Illinois Controlled | ||||||
9 | Substances Act;
| ||||||
10 | (iii) a violation of the Cannabis Control Act;
| ||||||
11 | (iv) a forcible felony as defined in Section | ||||||
12 | 2-8 of the Criminal Code
of 1961 or the Criminal | ||||||
13 | Code of 2012; | ||||||
14 | (v) a violation of the Methamphetamine Control | ||||||
15 | and Community Protection Act;
| ||||||
16 | (vi) a violation of Section 1-2 of the | ||||||
17 | Harassing and Obscene Communications Act; | ||||||
18 | (vii) a violation of the Hazing Act; or | ||||||
19 | (viii) a violation of Section 12-1, 12-2, | ||||||
20 | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||||||
21 | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||||||
22 | Criminal Code of 1961 or the Criminal Code of | ||||||
23 | 2012. | ||||||
24 | The information derived from the juvenile law | ||||||
25 | enforcement records shall be kept separate from and | ||||||
26 | shall not become a part of the official school record |
| |||||||
| |||||||
1 | of that child and shall not be a public record. The | ||||||
2 | information shall be used solely by the appropriate | ||||||
3 | school official or officials whom the school has | ||||||
4 | determined to have a legitimate educational or safety | ||||||
5 | interest to aid in the proper rehabilitation of the | ||||||
6 | child and to protect the safety of students and | ||||||
7 | employees in the school. If the designated law | ||||||
8 | enforcement and school officials deem it to be in the | ||||||
9 | best interest of the minor, the student may be | ||||||
10 | referred to in-school or community-based social | ||||||
11 | services if those services are available. | ||||||
12 | "Rehabilitation services" may include interventions by | ||||||
13 | school support personnel, evaluation for eligibility | ||||||
14 | for special education, referrals to community-based | ||||||
15 | agencies such as youth services, behavioral healthcare | ||||||
16 | service providers, drug and alcohol prevention or | ||||||
17 | treatment programs, and other interventions as deemed | ||||||
18 | appropriate for the student. | ||||||
19 | (B) Any information provided to appropriate school | ||||||
20 | officials whom the school has determined to have a | ||||||
21 | legitimate educational or safety interest by local law | ||||||
22 | enforcement officials about a minor who is the subject | ||||||
23 | of a current police investigation that is directly | ||||||
24 | related to school safety shall consist of oral | ||||||
25 | information only, and not written juvenile law | ||||||
26 | enforcement records, and shall be used solely by the |
| |||||||
| |||||||
1 | appropriate school official or officials to protect | ||||||
2 | the safety of students and employees in the school and | ||||||
3 | aid in the proper rehabilitation of the child. The | ||||||
4 | information derived orally from the local law | ||||||
5 | enforcement officials shall be kept separate from and | ||||||
6 | shall not become a part of the official school record | ||||||
7 | of the child and shall not be a public record. This | ||||||
8 | limitation on the use of information about a minor who | ||||||
9 | is the subject of a current police investigation shall | ||||||
10 | in no way limit the use of this information by | ||||||
11 | prosecutors in pursuing criminal charges arising out | ||||||
12 | of the information disclosed during a police | ||||||
13 | investigation of the minor. For purposes of this | ||||||
14 | paragraph, "investigation" means an official | ||||||
15 | systematic inquiry by a law enforcement agency into | ||||||
16 | actual or suspected criminal activity. | ||||||
17 | (9) Mental health professionals on behalf of the | ||||||
18 | Department of
Corrections or the Department of Human | ||||||
19 | Services or prosecutors who are
evaluating, prosecuting, | ||||||
20 | or investigating a potential or actual petition
brought
| ||||||
21 | under the Sexually Violent Persons Commitment Act relating | ||||||
22 | to a person who is
the
subject of juvenile law enforcement | ||||||
23 | records or the respondent to a petition
brought under the | ||||||
24 | Sexually Violent Persons Commitment Act who is the subject | ||||||
25 | of
the
juvenile law enforcement records sought.
Any | ||||||
26 | juvenile law enforcement records and any information |
| |||||||
| |||||||
1 | obtained from those juvenile law enforcement records under | ||||||
2 | this
paragraph (9) may be used only in sexually violent | ||||||
3 | persons commitment
proceedings.
| ||||||
4 | (10) The president of a park district. Inspection and | ||||||
5 | copying shall be limited to juvenile law enforcement | ||||||
6 | records transmitted to the president of the park district | ||||||
7 | by the Illinois State Police under Section 8-23 of the | ||||||
8 | Park District Code or Section 16a-5 of the Chicago Park | ||||||
9 | District Act concerning a person who is seeking employment | ||||||
10 | with that park district and who has been adjudicated a | ||||||
11 | juvenile delinquent for any of the offenses listed in | ||||||
12 | subsection (c) of Section 8-23 of the Park District Code | ||||||
13 | or subsection (c) of Section 16a-5 of the Chicago Park | ||||||
14 | District Act. | ||||||
15 | (11) Persons managing and designated to participate in | ||||||
16 | a court diversion program as designated in subsection (6) | ||||||
17 | of Section 5-105. | ||||||
18 | (12) The Public Access Counselor of the Office of the | ||||||
19 | Attorney General, when reviewing juvenile law enforcement | ||||||
20 | records under its powers and duties under the Freedom of | ||||||
21 | Information Act. | ||||||
22 | (13) Collection agencies, contracted or otherwise | ||||||
23 | engaged by a governmental entity, to collect any debts due | ||||||
24 | and owing to the governmental entity. | ||||||
25 | (B)(1) Except as provided in paragraph (2), no law | ||||||
26 | enforcement
officer or other person or agency may knowingly |
| |||||||
| |||||||
1 | transmit to the Department of
Corrections, the Illinois State | ||||||
2 | Police, or the Federal
Bureau of Investigation any fingerprint | ||||||
3 | or photograph relating to a minor who
has been arrested or | ||||||
4 | taken into custody before his or her 18th birthday,
unless the | ||||||
5 | court in proceedings under this Act authorizes the | ||||||
6 | transmission or
enters an order under Section 5-805 permitting | ||||||
7 | or requiring the
institution of
criminal proceedings.
| ||||||
8 | (2) Law enforcement officers or other persons or agencies | ||||||
9 | shall transmit
to the Illinois State Police copies of | ||||||
10 | fingerprints and descriptions
of all minors who have been | ||||||
11 | arrested or taken into custody before their
18th birthday for | ||||||
12 | the offense of unlawful use of weapons under Article 24 of
the | ||||||
13 | Criminal Code of 1961 or the Criminal Code of 2012, a Class X | ||||||
14 | or Class 1 felony, a forcible felony as
defined in Section 2-8 | ||||||
15 | of the Criminal Code of 1961 or the Criminal Code of 2012, or a | ||||||
16 | Class 2 or greater
felony under the Cannabis Control Act, the | ||||||
17 | Illinois Controlled Substances Act, the Methamphetamine | ||||||
18 | Control and Community Protection Act,
or Chapter 4 of the | ||||||
19 | Illinois Vehicle Code, pursuant to Section 5 of the
Criminal | ||||||
20 | Identification Act. Information reported to the Department | ||||||
21 | pursuant
to this Section may be maintained with records that | ||||||
22 | the Department files
pursuant to Section 2.1 of the Criminal | ||||||
23 | Identification Act. Nothing in this
Act prohibits a law | ||||||
24 | enforcement agency from fingerprinting a minor taken into
| ||||||
25 | custody or arrested before his or her 18th birthday for an | ||||||
26 | offense other than
those listed in this paragraph (2).
|
| |||||||
| |||||||
1 | (C) The records of law enforcement officers, or of an | ||||||
2 | independent agency created by ordinance and charged by a unit | ||||||
3 | of local government with the duty of investigating the conduct | ||||||
4 | of law enforcement officers, concerning all minors under
18 | ||||||
5 | years of age must be maintained separate from the records of | ||||||
6 | arrests and
may not be open to public inspection or their | ||||||
7 | contents disclosed to the
public. For purposes of obtaining | ||||||
8 | documents under this Section, a civil subpoena is not an order | ||||||
9 | of the court. | ||||||
10 | (1) In cases where the law enforcement, or independent | ||||||
11 | agency, records concern a pending juvenile court case, the | ||||||
12 | party seeking to inspect the records shall provide actual | ||||||
13 | notice to the attorney or guardian ad litem of the minor | ||||||
14 | whose records are sought. | ||||||
15 | (2) In cases where the records concern a juvenile | ||||||
16 | court case that is no longer pending, the party seeking to | ||||||
17 | inspect the records shall provide actual notice to the | ||||||
18 | minor or the minor's parent or legal guardian, and the | ||||||
19 | matter shall be referred to the chief judge presiding over | ||||||
20 | matters pursuant to this Act. | ||||||
21 | (3) In determining whether the records should be | ||||||
22 | available for inspection, the court shall consider the | ||||||
23 | minor's interest in confidentiality and rehabilitation | ||||||
24 | over the moving party's interest in obtaining the | ||||||
25 | information. Any records obtained in violation of this | ||||||
26 | subsection (C) shall not be admissible in any criminal or |
| |||||||
| |||||||
1 | civil proceeding, or operate to disqualify a minor from | ||||||
2 | subsequently holding public office or securing employment, | ||||||
3 | or operate as a forfeiture of any public benefit, right, | ||||||
4 | privilege, or right to receive any license granted by | ||||||
5 | public authority.
| ||||||
6 | (D) Nothing contained in subsection (C) of this Section | ||||||
7 | shall prohibit
the inspection or disclosure to victims and | ||||||
8 | witnesses of photographs
contained in the records of law | ||||||
9 | enforcement agencies when the
inspection and disclosure is | ||||||
10 | conducted in the presence of a law enforcement
officer for the | ||||||
11 | purpose of the identification or apprehension of any person
| ||||||
12 | subject to the provisions of this Act or for the investigation | ||||||
13 | or
prosecution of any crime.
| ||||||
14 | (E) Law enforcement officers, and personnel of an | ||||||
15 | independent agency created by ordinance and charged by a unit | ||||||
16 | of local government with the duty of investigating the conduct | ||||||
17 | of law enforcement officers, may not disclose the identity of | ||||||
18 | any minor
in releasing information to the general public as to | ||||||
19 | the arrest, investigation
or disposition of any case involving | ||||||
20 | a minor.
| ||||||
21 | (F) Nothing contained in this Section shall prohibit law | ||||||
22 | enforcement
agencies from communicating with each other by | ||||||
23 | letter, memorandum, teletype, or
intelligence alert bulletin | ||||||
24 | or other means the identity or other relevant
information | ||||||
25 | pertaining to a person under 18 years of age if there are
| ||||||
26 | reasonable grounds to believe that the person poses a real and |
| |||||||
| |||||||
1 | present danger
to the safety of the public or law enforcement | ||||||
2 | officers. The information
provided under this subsection (F) | ||||||
3 | shall remain confidential and shall not
be publicly disclosed, | ||||||
4 | except as otherwise allowed by law.
| ||||||
5 | (G) Nothing in this Section shall prohibit the right of a | ||||||
6 | Civil Service
Commission or appointing authority of any | ||||||
7 | federal government, state, county or municipality
examining | ||||||
8 | the character and fitness of an applicant for employment with | ||||||
9 | a law
enforcement agency, correctional institution, or fire | ||||||
10 | department
from obtaining and examining the
records of any law | ||||||
11 | enforcement agency relating to any record of the applicant
| ||||||
12 | having been arrested or taken into custody before the | ||||||
13 | applicant's 18th
birthday.
| ||||||
14 | (G-5) Information identifying victims and alleged victims | ||||||
15 | of sex offenses shall not be disclosed or open to the public | ||||||
16 | under any circumstances. Nothing in this Section shall | ||||||
17 | prohibit the victim or alleged victim of any sex offense from | ||||||
18 | voluntarily disclosing his or her own identity. | ||||||
19 | (H) The changes made to this Section by Public Act 98-61 | ||||||
20 | apply to law enforcement records of a minor who has been | ||||||
21 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
22 | effective date of Public Act 98-61). | ||||||
23 | (H-5) Nothing in this Section shall require any court or | ||||||
24 | adjudicative proceeding for traffic, boating, fish and game | ||||||
25 | law, or municipal and county ordinance violations to be closed | ||||||
26 | to the public. |
| |||||||
| |||||||
1 | (I) Willful violation of this Section is a Class C | ||||||
2 | misdemeanor and each violation is subject to a fine of $1,000. | ||||||
3 | This subsection (I) shall not apply to the person who is the | ||||||
4 | subject of the record. | ||||||
5 | (J) A person convicted of violating this Section is liable | ||||||
6 | for damages in the amount of $1,000 or actual damages, | ||||||
7 | whichever is greater. | ||||||
8 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
9 | (Text of Section after amendment by P.A. 101-652 )
| ||||||
10 | Sec. 1-7. Confidentiality of juvenile law enforcement and | ||||||
11 | municipal ordinance violation records.
| ||||||
12 | (A) All juvenile law enforcement records which have not | ||||||
13 | been expunged are confidential and may never be disclosed to | ||||||
14 | the general public or otherwise made widely available. | ||||||
15 | Juvenile law enforcement records may be obtained only under | ||||||
16 | this Section and Section 1-8 and Part 9 of Article V of this | ||||||
17 | Act, when their use is needed for good cause and with an order | ||||||
18 | from the juvenile court, as required by those not authorized | ||||||
19 | to retain them. Inspection, copying, and disclosure of | ||||||
20 | juvenile law enforcement records maintained by law
enforcement | ||||||
21 | agencies or records of municipal ordinance violations | ||||||
22 | maintained by any State, local, or municipal agency that | ||||||
23 | relate to a minor who has been investigated, arrested, or | ||||||
24 | taken
into custody before his or her 18th birthday shall be | ||||||
25 | restricted to the
following:
|
| |||||||
| |||||||
1 | (0.05) The minor who is the subject of the juvenile | ||||||
2 | law enforcement record, his or her parents, guardian, and | ||||||
3 | counsel. | ||||||
4 | (0.10) Judges of the circuit court and members of the | ||||||
5 | staff of the court designated by the judge. | ||||||
6 | (0.15) An administrative adjudication hearing officer | ||||||
7 | or members of the staff designated to assist in the | ||||||
8 | administrative adjudication process. | ||||||
9 | (1) Any local, State, or federal law enforcement | ||||||
10 | officers or designated law enforcement staff of any
| ||||||
11 | jurisdiction or agency when necessary for the discharge of | ||||||
12 | their official
duties during the investigation or | ||||||
13 | prosecution of a crime or relating to a
minor who has been | ||||||
14 | adjudicated delinquent and there has been a previous | ||||||
15 | finding
that the act which constitutes the previous | ||||||
16 | offense was committed in
furtherance of criminal | ||||||
17 | activities by a criminal street gang, or, when necessary | ||||||
18 | for the discharge of its official duties in connection | ||||||
19 | with a particular investigation of the conduct of a law | ||||||
20 | enforcement officer, an independent agency or its staff | ||||||
21 | created by ordinance and charged by a unit of local | ||||||
22 | government with the duty of investigating the conduct of | ||||||
23 | law enforcement officers. For purposes of
this Section, | ||||||
24 | "criminal street gang" has the meaning ascribed to it in
| ||||||
25 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
26 | Prevention Act.
|
| |||||||
| |||||||
1 | (2) Prosecutors, public defenders, probation officers, | ||||||
2 | social workers, or other
individuals assigned by the court | ||||||
3 | to conduct a pre-adjudication or
pre-disposition | ||||||
4 | investigation, and individuals responsible for supervising
| ||||||
5 | or providing temporary or permanent care and custody for | ||||||
6 | minors under
the order of the juvenile court, when | ||||||
7 | essential to performing their
responsibilities.
| ||||||
8 | (3) Federal, State, or local prosecutors, public | ||||||
9 | defenders, probation officers, and designated staff:
| ||||||
10 | (a) in the course of a trial when institution of | ||||||
11 | criminal proceedings
has been permitted or required | ||||||
12 | under Section 5-805;
| ||||||
13 | (b) when institution of criminal proceedings has | ||||||
14 | been permitted or required under Section 5-805 and the | ||||||
15 | minor is the
subject
of a proceeding to determine the | ||||||
16 | conditions of pretrial release;
| ||||||
17 | (c) when criminal proceedings have been permitted
| ||||||
18 | or
required under Section 5-805 and the minor is the | ||||||
19 | subject of a
pre-trial
investigation, pre-sentence | ||||||
20 | investigation, fitness hearing, or proceedings
on an | ||||||
21 | application for probation; or
| ||||||
22 | (d) in the course of prosecution or administrative | ||||||
23 | adjudication of a violation of a traffic, boating, or | ||||||
24 | fish and game law, or a county or municipal ordinance. | ||||||
25 | (4) Adult and Juvenile Prisoner Review Board.
| ||||||
26 | (5) Authorized military personnel.
|
| |||||||
| |||||||
1 | (5.5) Employees of the federal government authorized | ||||||
2 | by law. | ||||||
3 | (6) Persons engaged in bona fide research, with the | ||||||
4 | permission of the
Presiding Judge and the chief executive | ||||||
5 | of the respective
law enforcement agency; provided that | ||||||
6 | publication of such research results
in no disclosure of a | ||||||
7 | minor's identity and protects the confidentiality
of the | ||||||
8 | minor's record.
| ||||||
9 | (7) Department of Children and Family Services child | ||||||
10 | protection
investigators acting in their official | ||||||
11 | capacity.
| ||||||
12 | (8) The appropriate school official only if the agency | ||||||
13 | or officer believes that there is an imminent threat of | ||||||
14 | physical harm to students, school personnel, or others who | ||||||
15 | are present in the school or on school grounds. | ||||||
16 | (A) Inspection and copying
shall be limited to | ||||||
17 | juvenile law enforcement records transmitted to the | ||||||
18 | appropriate
school official or officials whom the | ||||||
19 | school has determined to have a legitimate educational | ||||||
20 | or safety interest by a local law enforcement agency | ||||||
21 | under a reciprocal reporting
system established and | ||||||
22 | maintained between the school district and the local | ||||||
23 | law
enforcement agency under Section 10-20.14 of the | ||||||
24 | School Code concerning a minor
enrolled in a school | ||||||
25 | within the school district who has been arrested or | ||||||
26 | taken
into custody for any of the following offenses:
|
| |||||||
| |||||||
1 | (i) any violation of Article 24 of the | ||||||
2 | Criminal Code of
1961 or the Criminal Code of | ||||||
3 | 2012;
| ||||||
4 | (ii) a violation of the Illinois Controlled | ||||||
5 | Substances Act;
| ||||||
6 | (iii) a violation of the Cannabis Control Act;
| ||||||
7 | (iv) a forcible felony as defined in Section | ||||||
8 | 2-8 of the Criminal Code
of 1961 or the Criminal | ||||||
9 | Code of 2012; | ||||||
10 | (v) a violation of the Methamphetamine Control | ||||||
11 | and Community Protection Act;
| ||||||
12 | (vi) a violation of Section 1-2 of the | ||||||
13 | Harassing and Obscene Communications Act; | ||||||
14 | (vii) a violation of the Hazing Act; or | ||||||
15 | (viii) a violation of Section 12-1, 12-2, | ||||||
16 | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||||||
17 | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||||||
18 | Criminal Code of 1961 or the Criminal Code of | ||||||
19 | 2012. | ||||||
20 | The information derived from the juvenile law | ||||||
21 | enforcement records shall be kept separate from and | ||||||
22 | shall not become a part of the official school record | ||||||
23 | of that child and shall not be a public record. The | ||||||
24 | information shall be used solely by the appropriate | ||||||
25 | school official or officials whom the school has | ||||||
26 | determined to have a legitimate educational or safety |
| |||||||
| |||||||
1 | interest to aid in the proper rehabilitation of the | ||||||
2 | child and to protect the safety of students and | ||||||
3 | employees in the school. If the designated law | ||||||
4 | enforcement and school officials deem it to be in the | ||||||
5 | best interest of the minor, the student may be | ||||||
6 | referred to in-school or community-based social | ||||||
7 | services if those services are available. | ||||||
8 | "Rehabilitation services" may include interventions by | ||||||
9 | school support personnel, evaluation for eligibility | ||||||
10 | for special education, referrals to community-based | ||||||
11 | agencies such as youth services, behavioral healthcare | ||||||
12 | service providers, drug and alcohol prevention or | ||||||
13 | treatment programs, and other interventions as deemed | ||||||
14 | appropriate for the student. | ||||||
15 | (B) Any information provided to appropriate school | ||||||
16 | officials whom the school has determined to have a | ||||||
17 | legitimate educational or safety interest by local law | ||||||
18 | enforcement officials about a minor who is the subject | ||||||
19 | of a current police investigation that is directly | ||||||
20 | related to school safety shall consist of oral | ||||||
21 | information only, and not written juvenile law | ||||||
22 | enforcement records, and shall be used solely by the | ||||||
23 | appropriate school official or officials to protect | ||||||
24 | the safety of students and employees in the school and | ||||||
25 | aid in the proper rehabilitation of the child. The | ||||||
26 | information derived orally from the local law |
| |||||||
| |||||||
1 | enforcement officials shall be kept separate from and | ||||||
2 | shall not become a part of the official school record | ||||||
3 | of the child and shall not be a public record. This | ||||||
4 | limitation on the use of information about a minor who | ||||||
5 | is the subject of a current police investigation shall | ||||||
6 | in no way limit the use of this information by | ||||||
7 | prosecutors in pursuing criminal charges arising out | ||||||
8 | of the information disclosed during a police | ||||||
9 | investigation of the minor. For purposes of this | ||||||
10 | paragraph, "investigation" means an official | ||||||
11 | systematic inquiry by a law enforcement agency into | ||||||
12 | actual or suspected criminal activity. | ||||||
13 | (9) Mental health professionals on behalf of the | ||||||
14 | Department of
Corrections or the Department of Human | ||||||
15 | Services or prosecutors who are
evaluating, prosecuting, | ||||||
16 | or investigating a potential or actual petition
brought
| ||||||
17 | under the Sexually Violent Persons Commitment Act relating | ||||||
18 | to a person who is
the
subject of juvenile law enforcement | ||||||
19 | records or the respondent to a petition
brought under the | ||||||
20 | Sexually Violent Persons Commitment Act who is the subject | ||||||
21 | of
the
juvenile law enforcement records sought.
Any | ||||||
22 | juvenile law enforcement records and any information | ||||||
23 | obtained from those juvenile law enforcement records under | ||||||
24 | this
paragraph (9) may be used only in sexually violent | ||||||
25 | persons commitment
proceedings.
| ||||||
26 | (10) The president of a park district. Inspection and |
| |||||||
| |||||||
1 | copying shall be limited to juvenile law enforcement | ||||||
2 | records transmitted to the president of the park district | ||||||
3 | by the Illinois State Police under Section 8-23 of the | ||||||
4 | Park District Code or Section 16a-5 of the Chicago Park | ||||||
5 | District Act concerning a person who is seeking employment | ||||||
6 | with that park district and who has been adjudicated a | ||||||
7 | juvenile delinquent for any of the offenses listed in | ||||||
8 | subsection (c) of Section 8-23 of the Park District Code | ||||||
9 | or subsection (c) of Section 16a-5 of the Chicago Park | ||||||
10 | District Act. | ||||||
11 | (11) Persons managing and designated to participate in | ||||||
12 | a court diversion program as designated in subsection (6) | ||||||
13 | of Section 5-105. | ||||||
14 | (12) The Public Access Counselor of the Office of the | ||||||
15 | Attorney General, when reviewing juvenile law enforcement | ||||||
16 | records under its powers and duties under the Freedom of | ||||||
17 | Information Act. | ||||||
18 | (13) Collection agencies, contracted or otherwise | ||||||
19 | engaged by a governmental entity, to collect any debts due | ||||||
20 | and owing to the governmental entity. | ||||||
21 | (B)(1) Except as provided in paragraph (2), no law | ||||||
22 | enforcement
officer or other person or agency may knowingly | ||||||
23 | transmit to the Department of
Corrections, the Illinois State | ||||||
24 | Police, or the Federal
Bureau of Investigation any fingerprint | ||||||
25 | or photograph relating to a minor who
has been arrested or | ||||||
26 | taken into custody before his or her 18th birthday,
unless the |
| |||||||
| |||||||
1 | court in proceedings under this Act authorizes the | ||||||
2 | transmission or
enters an order under Section 5-805 permitting | ||||||
3 | or requiring the
institution of
criminal proceedings.
| ||||||
4 | (2) Law enforcement officers or other persons or agencies | ||||||
5 | shall transmit
to the Illinois State Police copies of | ||||||
6 | fingerprints and descriptions
of all minors who have been | ||||||
7 | arrested or taken into custody before their
18th birthday for | ||||||
8 | the offense of unlawful use of weapons under Article 24 of
the | ||||||
9 | Criminal Code of 1961 or the Criminal Code of 2012, a Class X | ||||||
10 | or Class 1 felony, a forcible felony as
defined in Section 2-8 | ||||||
11 | of the Criminal Code of 1961 or the Criminal Code of 2012, or a | ||||||
12 | Class 2 or greater
felony under the Cannabis Control Act, the | ||||||
13 | Illinois Controlled Substances Act, the Methamphetamine | ||||||
14 | Control and Community Protection Act,
or Chapter 4 of the | ||||||
15 | Illinois Vehicle Code, pursuant to Section 5 of the
Criminal | ||||||
16 | Identification Act. Information reported to the Department | ||||||
17 | pursuant
to this Section may be maintained with records that | ||||||
18 | the Department files
pursuant to Section 2.1 of the Criminal | ||||||
19 | Identification Act. Nothing in this
Act prohibits a law | ||||||
20 | enforcement agency from fingerprinting a minor taken into
| ||||||
21 | custody or arrested before his or her 18th birthday for an | ||||||
22 | offense other than
those listed in this paragraph (2).
| ||||||
23 | (C) The records of law enforcement officers, or of an | ||||||
24 | independent agency created by ordinance and charged by a unit | ||||||
25 | of local government with the duty of investigating the conduct | ||||||
26 | of law enforcement officers, concerning all minors under
18 |
| |||||||
| |||||||
1 | years of age must be maintained separate from the records of | ||||||
2 | arrests and
may not be open to public inspection or their | ||||||
3 | contents disclosed to the
public. For purposes of obtaining | ||||||
4 | documents under this Section, a civil subpoena is not an order | ||||||
5 | of the court. | ||||||
6 | (1) In cases where the law enforcement, or independent | ||||||
7 | agency, records concern a pending juvenile court case, the | ||||||
8 | party seeking to inspect the records shall provide actual | ||||||
9 | notice to the attorney or guardian ad litem of the minor | ||||||
10 | whose records are sought. | ||||||
11 | (2) In cases where the records concern a juvenile | ||||||
12 | court case that is no longer pending, the party seeking to | ||||||
13 | inspect the records shall provide actual notice to the | ||||||
14 | minor or the minor's parent or legal guardian, and the | ||||||
15 | matter shall be referred to the chief judge presiding over | ||||||
16 | matters pursuant to this Act. | ||||||
17 | (3) In determining whether the records should be | ||||||
18 | available for inspection, the court shall consider the | ||||||
19 | minor's interest in confidentiality and rehabilitation | ||||||
20 | over the moving party's interest in obtaining the | ||||||
21 | information. Any records obtained in violation of this | ||||||
22 | subsection (C) shall not be admissible in any criminal or | ||||||
23 | civil proceeding, or operate to disqualify a minor from | ||||||
24 | subsequently holding public office or securing employment, | ||||||
25 | or operate as a forfeiture of any public benefit, right, | ||||||
26 | privilege, or right to receive any license granted by |
| |||||||
| |||||||
1 | public authority.
| ||||||
2 | (D) Nothing contained in subsection (C) of this Section | ||||||
3 | shall prohibit
the inspection or disclosure to victims and | ||||||
4 | witnesses of photographs
contained in the records of law | ||||||
5 | enforcement agencies when the
inspection and disclosure is | ||||||
6 | conducted in the presence of a law enforcement
officer for the | ||||||
7 | purpose of the identification or apprehension of any person
| ||||||
8 | subject to the provisions of this Act or for the investigation | ||||||
9 | or
prosecution of any crime.
| ||||||
10 | (E) Law enforcement officers, and personnel of an | ||||||
11 | independent agency created by ordinance and charged by a unit | ||||||
12 | of local government with the duty of investigating the conduct | ||||||
13 | of law enforcement officers, may not disclose the identity of | ||||||
14 | any minor
in releasing information to the general public as to | ||||||
15 | the arrest, investigation
or disposition of any case involving | ||||||
16 | a minor.
| ||||||
17 | (F) Nothing contained in this Section shall prohibit law | ||||||
18 | enforcement
agencies from communicating with each other by | ||||||
19 | letter, memorandum, teletype, or
intelligence alert bulletin | ||||||
20 | or other means the identity or other relevant
information | ||||||
21 | pertaining to a person under 18 years of age if there are
| ||||||
22 | reasonable grounds to believe that the person poses a real and | ||||||
23 | present danger
to the safety of the public or law enforcement | ||||||
24 | officers. The information
provided under this subsection (F) | ||||||
25 | shall remain confidential and shall not
be publicly disclosed, | ||||||
26 | except as otherwise allowed by law.
|
| |||||||
| |||||||
1 | (G) Nothing in this Section shall prohibit the right of a | ||||||
2 | Civil Service
Commission or appointing authority of any | ||||||
3 | federal government, state, county or municipality
examining | ||||||
4 | the character and fitness of an applicant for employment with | ||||||
5 | a law
enforcement agency, correctional institution, or fire | ||||||
6 | department
from obtaining and examining the
records of any law | ||||||
7 | enforcement agency relating to any record of the applicant
| ||||||
8 | having been arrested or taken into custody before the | ||||||
9 | applicant's 18th
birthday.
| ||||||
10 | (G-5) Information identifying victims and alleged victims | ||||||
11 | of sex offenses shall not be disclosed or open to the public | ||||||
12 | under any circumstances. Nothing in this Section shall | ||||||
13 | prohibit the victim or alleged victim of any sex offense from | ||||||
14 | voluntarily disclosing his or her own identity. | ||||||
15 | (H) The changes made to this Section by Public Act 98-61 | ||||||
16 | apply to law enforcement records of a minor who has been | ||||||
17 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
18 | effective date of Public Act 98-61). | ||||||
19 | (H-5) Nothing in this Section shall require any court or | ||||||
20 | adjudicative proceeding for traffic, boating, fish and game | ||||||
21 | law, or municipal and county ordinance violations to be closed | ||||||
22 | to the public. | ||||||
23 | (I) Willful violation of this Section is a Class C | ||||||
24 | misdemeanor and each violation is subject to a fine of $1,000. | ||||||
25 | This subsection (I) shall not apply to the person who is the | ||||||
26 | subject of the record. |
| |||||||
| |||||||
1 | (J) A person convicted of violating this Section is liable | ||||||
2 | for damages in the amount of $1,000 or actual damages, | ||||||
3 | whichever is greater. | ||||||
4 | (Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; | ||||||
5 | revised 10-13-21.)
| ||||||
6 | (705 ILCS 405/1-8)
| ||||||
7 | (Text of Section before amendment by P.A. 101-652 ) | ||||||
8 | Sec. 1-8. Confidentiality and accessibility of juvenile | ||||||
9 | court records.
| ||||||
10 | (A) A juvenile adjudication shall never be considered a | ||||||
11 | conviction nor shall an adjudicated individual be considered a | ||||||
12 | criminal. Unless expressly allowed by law, a juvenile | ||||||
13 | adjudication shall not operate to impose upon the individual | ||||||
14 | any of the civil disabilities ordinarily imposed by or | ||||||
15 | resulting from conviction. Unless expressly allowed by law, | ||||||
16 | adjudications shall not prejudice or disqualify the individual | ||||||
17 | in any civil service application or appointment, from holding | ||||||
18 | public office, or from receiving any license granted by public | ||||||
19 | authority. All juvenile court records which have not been | ||||||
20 | expunged are sealed and may never be disclosed to the general | ||||||
21 | public or otherwise made widely available. Sealed juvenile | ||||||
22 | court records may be obtained only under this Section and | ||||||
23 | Section 1-7 and Part 9 of Article V of this Act, when their use | ||||||
24 | is needed for good cause and with an order from the juvenile | ||||||
25 | court. Inspection and copying of juvenile court records |
| |||||||
| |||||||
1 | relating to a minor
who is the subject of a proceeding under | ||||||
2 | this Act shall be restricted to the
following:
| ||||||
3 | (1) The minor who is the subject of record, his or her | ||||||
4 | parents, guardian,
and counsel.
| ||||||
5 | (2) Law enforcement officers and law enforcement | ||||||
6 | agencies when such
information is essential to executing | ||||||
7 | an arrest or search warrant or other
compulsory process, | ||||||
8 | or to conducting an ongoing investigation
or relating to a | ||||||
9 | minor who
has been adjudicated delinquent and there has | ||||||
10 | been a previous finding that
the act which constitutes the | ||||||
11 | previous offense was committed in furtherance
of criminal | ||||||
12 | activities by a criminal street gang.
| ||||||
13 | Before July 1, 1994, for the purposes of this Section, | ||||||
14 | "criminal street
gang" means any ongoing
organization, | ||||||
15 | association, or group of 3 or more persons, whether formal | ||||||
16 | or
informal, having as one of its primary activities the | ||||||
17 | commission of one or
more criminal acts and that has a | ||||||
18 | common name or common identifying sign,
symbol or specific | ||||||
19 | color apparel displayed, and whose members individually
or | ||||||
20 | collectively engage in or have engaged in a pattern of | ||||||
21 | criminal activity.
| ||||||
22 | Beginning July 1, 1994, for purposes of this Section, | ||||||
23 | "criminal street
gang" has the meaning ascribed to it in | ||||||
24 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
25 | Prevention Act.
| ||||||
26 | (3) Judges, hearing officers, prosecutors, public |
| |||||||
| |||||||
1 | defenders, probation officers, social
workers, or other
| ||||||
2 | individuals assigned by the court to conduct a | ||||||
3 | pre-adjudication or pre-disposition
investigation, and | ||||||
4 | individuals responsible for supervising
or providing | ||||||
5 | temporary or permanent care and custody for minors under | ||||||
6 | the order of the juvenile court when essential to | ||||||
7 | performing their
responsibilities.
| ||||||
8 | (4) Judges, federal, State, and local prosecutors, | ||||||
9 | public defenders, probation officers, and designated | ||||||
10 | staff:
| ||||||
11 | (a) in the course of a trial when institution of | ||||||
12 | criminal proceedings
has been permitted or required | ||||||
13 | under Section 5-805;
| ||||||
14 | (b) when criminal proceedings have been permitted
| ||||||
15 | or
required under Section 5-805 and a minor is the | ||||||
16 | subject of a
proceeding to
determine the amount of | ||||||
17 | bail;
| ||||||
18 | (c) when criminal proceedings have been permitted
| ||||||
19 | or
required under Section 5-805 and a minor is the | ||||||
20 | subject of a
pre-trial
investigation, pre-sentence | ||||||
21 | investigation or fitness hearing, or
proceedings on an | ||||||
22 | application for probation; or
| ||||||
23 | (d) when a minor becomes 18 years of age or older, | ||||||
24 | and is the subject
of criminal proceedings, including | ||||||
25 | a hearing to determine the amount of
bail, a pre-trial | ||||||
26 | investigation, a pre-sentence investigation, a fitness
|
| |||||||
| |||||||
1 | hearing, or proceedings on an application for | ||||||
2 | probation.
| ||||||
3 | (5) Adult and Juvenile Prisoner Review Boards.
| ||||||
4 | (6) Authorized military personnel.
| ||||||
5 | (6.5) Employees of the federal government authorized | ||||||
6 | by law. | ||||||
7 | (7) Victims, their subrogees and legal | ||||||
8 | representatives; however, such
persons shall have access | ||||||
9 | only to the name and address of the minor and
information | ||||||
10 | pertaining to the disposition or alternative adjustment | ||||||
11 | plan
of the juvenile court.
| ||||||
12 | (8) Persons engaged in bona fide research, with the | ||||||
13 | permission of the
presiding judge of the juvenile court | ||||||
14 | and the chief executive of the agency
that prepared the | ||||||
15 | particular records; provided that publication of such
| ||||||
16 | research results in no disclosure of a minor's identity | ||||||
17 | and protects the
confidentiality of the record.
| ||||||
18 | (9) The Secretary of State to whom the Clerk of the | ||||||
19 | Court shall report
the disposition of all cases, as | ||||||
20 | required in Section 6-204 of the Illinois
Vehicle Code. | ||||||
21 | However, information reported relative to these offenses | ||||||
22 | shall
be privileged and available only to the Secretary of | ||||||
23 | State, courts, and police
officers.
| ||||||
24 | (10) The administrator of a bonafide substance abuse | ||||||
25 | student
assistance program with the permission of the | ||||||
26 | presiding judge of the
juvenile court.
|
| |||||||
| |||||||
1 | (11) Mental health professionals on behalf of the | ||||||
2 | Department of
Corrections or the Department of Human | ||||||
3 | Services or prosecutors who are
evaluating, prosecuting, | ||||||
4 | or investigating a potential or actual petition
brought
| ||||||
5 | under the Sexually Violent Persons Commitment Act relating | ||||||
6 | to a person who is the
subject of
juvenile court records or | ||||||
7 | the respondent to a petition brought under
the
Sexually | ||||||
8 | Violent Persons Commitment Act, who is the subject of | ||||||
9 | juvenile
court records
sought. Any records and any | ||||||
10 | information obtained from those records under this
| ||||||
11 | paragraph (11) may be used only in sexually violent | ||||||
12 | persons commitment
proceedings.
| ||||||
13 | (12) Collection agencies, contracted or otherwise | ||||||
14 | engaged by a governmental entity, to collect any debts due | ||||||
15 | and owing to the governmental entity. | ||||||
16 | (A-1) Findings and exclusions of paternity entered in | ||||||
17 | proceedings occurring under Article II of this Act shall be | ||||||
18 | disclosed, in a manner and form approved by the Presiding | ||||||
19 | Judge of the Juvenile Court, to the Department of Healthcare | ||||||
20 | and Family Services when necessary to discharge the duties of | ||||||
21 | the Department of Healthcare and Family Services under Article | ||||||
22 | X of the Illinois Public Aid Code. | ||||||
23 | (B) A minor who is the victim in a juvenile proceeding | ||||||
24 | shall be
provided the same confidentiality regarding | ||||||
25 | disclosure of identity as the
minor who is the subject of | ||||||
26 | record.
|
| |||||||
| |||||||
1 | (C)(0.1) In cases where the records concern a pending | ||||||
2 | juvenile court case, the requesting party seeking to inspect | ||||||
3 | the juvenile court records shall provide actual notice to the | ||||||
4 | attorney or guardian ad litem of the minor whose records are | ||||||
5 | sought. | ||||||
6 | (0.2) In cases where the juvenile court records concern a | ||||||
7 | juvenile court case that is no longer pending, the requesting | ||||||
8 | party seeking to inspect the juvenile court records shall | ||||||
9 | provide actual notice to the minor or the minor's parent or | ||||||
10 | legal guardian, and the matter shall be referred to the chief | ||||||
11 | judge presiding over matters pursuant to this Act. | ||||||
12 | (0.3) In determining whether juvenile court records should | ||||||
13 | be made available for inspection and whether inspection should | ||||||
14 | be limited to certain parts of the file, the court shall | ||||||
15 | consider the minor's interest in confidentiality and | ||||||
16 | rehabilitation over the requesting party's interest in | ||||||
17 | obtaining the information. The State's Attorney, the minor, | ||||||
18 | and the minor's parents, guardian, and counsel shall at all | ||||||
19 | times have the right to examine court files and records. | ||||||
20 | (0.4) Any records obtained in violation of this Section | ||||||
21 | shall not be admissible in any criminal or civil proceeding, | ||||||
22 | or operate to disqualify a minor from subsequently holding | ||||||
23 | public office, or operate as a forfeiture of any public | ||||||
24 | benefit, right, privilege, or right to receive any license | ||||||
25 | granted by public authority.
| ||||||
26 | (D) Pending or following any adjudication of delinquency |
| |||||||
| |||||||
1 | for
any offense defined
in Sections 11-1.20 through 11-1.60 or | ||||||
2 | 12-13 through 12-16 of the Criminal Code of 1961 or the | ||||||
3 | Criminal Code of 2012,
the victim of any such offense shall | ||||||
4 | receive the
rights set out in Sections 4 and 6 of the Bill of
| ||||||
5 | Rights for Victims and Witnesses of Violent Crime Act; and the
| ||||||
6 | juvenile who is the subject of the adjudication, | ||||||
7 | notwithstanding any other
provision of this Act, shall be | ||||||
8 | treated
as an adult for the purpose of affording such rights to | ||||||
9 | the victim.
| ||||||
10 | (E) Nothing in this Section shall affect the right of a | ||||||
11 | Civil Service
Commission or appointing authority of the | ||||||
12 | federal government, or any state, county, or municipality
| ||||||
13 | examining the character and fitness of
an applicant for | ||||||
14 | employment with a law enforcement
agency, correctional | ||||||
15 | institution, or fire department to
ascertain
whether that | ||||||
16 | applicant was ever adjudicated to be a delinquent minor and,
| ||||||
17 | if so, to examine the records of disposition or evidence which | ||||||
18 | were made in
proceedings under this Act.
| ||||||
19 | (F) Following any adjudication of delinquency for a crime | ||||||
20 | which would be
a felony if committed by an adult, or following | ||||||
21 | any adjudication of delinquency
for a violation of Section | ||||||
22 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
23 | Criminal Code of 2012, the State's Attorney shall ascertain
| ||||||
24 | whether the minor respondent is enrolled in school and, if so, | ||||||
25 | shall provide
a copy of the dispositional order to the | ||||||
26 | principal or chief administrative
officer of the school. |
| |||||||
| |||||||
1 | Access to the dispositional order shall be limited
to the | ||||||
2 | principal or chief administrative officer of the school and | ||||||
3 | any school
counselor designated by him or her.
| ||||||
4 | (G) Nothing contained in this Act prevents the sharing or
| ||||||
5 | disclosure of information or records relating or pertaining to | ||||||
6 | juveniles
subject to the provisions of the Serious Habitual | ||||||
7 | Offender Comprehensive
Action Program when that information is | ||||||
8 | used to assist in the early
identification and treatment of | ||||||
9 | habitual juvenile offenders.
| ||||||
10 | (H) When a court hearing a proceeding under Article II of | ||||||
11 | this Act becomes
aware that an earlier proceeding under | ||||||
12 | Article II had been heard in a different
county, that court | ||||||
13 | shall request, and the court in which the earlier
proceedings | ||||||
14 | were initiated shall transmit, an authenticated copy of the | ||||||
15 | juvenile court
record, including all documents, petitions, and | ||||||
16 | orders filed and the
minute orders, transcript of proceedings, | ||||||
17 | and docket entries of the court.
| ||||||
18 | (I) The Clerk of the Circuit Court shall report to the | ||||||
19 | Illinois
State
Police, in the form and manner required by the | ||||||
20 | Illinois State Police, the
final disposition of each minor who | ||||||
21 | has been arrested or taken into custody
before his or her 18th | ||||||
22 | birthday for those offenses required to be reported
under | ||||||
23 | Section 5 of the Criminal Identification Act. Information | ||||||
24 | reported to
the Department under this Section may be | ||||||
25 | maintained with records that the
Department files under | ||||||
26 | Section 2.1 of the Criminal Identification Act.
|
| |||||||
| |||||||
1 | (J) The changes made to this Section by Public Act 98-61 | ||||||
2 | apply to juvenile law enforcement records of a minor who has | ||||||
3 | been arrested or taken into custody on or after January 1, 2014 | ||||||
4 | (the effective date of Public Act 98-61). | ||||||
5 | (K) Willful violation of this Section is a Class C | ||||||
6 | misdemeanor and each violation is subject to a fine of $1,000. | ||||||
7 | This subsection (K) shall not apply to the person who is the | ||||||
8 | subject of the record. | ||||||
9 | (L) A person convicted of violating this Section is liable | ||||||
10 | for damages in the amount of $1,000 or actual damages, | ||||||
11 | whichever is greater. | ||||||
12 | (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; | ||||||
13 | revised 10-12-21.) | ||||||
14 | (Text of Section after amendment by P.A. 101-652 )
| ||||||
15 | Sec. 1-8. Confidentiality and accessibility of juvenile | ||||||
16 | court records.
| ||||||
17 | (A) A juvenile adjudication shall never be considered a | ||||||
18 | conviction nor shall an adjudicated individual be considered a | ||||||
19 | criminal. Unless expressly allowed by law, a juvenile | ||||||
20 | adjudication shall not operate to impose upon the individual | ||||||
21 | any of the civil disabilities ordinarily imposed by or | ||||||
22 | resulting from conviction. Unless expressly allowed by law, | ||||||
23 | adjudications shall not prejudice or disqualify the individual | ||||||
24 | in any civil service application or appointment, from holding | ||||||
25 | public office, or from receiving any license granted by public |
| |||||||
| |||||||
1 | authority. All juvenile court records which have not been | ||||||
2 | expunged are sealed and may never be disclosed to the general | ||||||
3 | public or otherwise made widely available. Sealed juvenile | ||||||
4 | court records may be obtained only under this Section and | ||||||
5 | Section 1-7 and Part 9 of Article V of this Act, when their use | ||||||
6 | is needed for good cause and with an order from the juvenile | ||||||
7 | court. Inspection and copying of juvenile court records | ||||||
8 | relating to a minor
who is the subject of a proceeding under | ||||||
9 | this Act shall be restricted to the
following:
| ||||||
10 | (1) The minor who is the subject of record, his or her | ||||||
11 | parents, guardian,
and counsel.
| ||||||
12 | (2) Law enforcement officers and law enforcement | ||||||
13 | agencies when such
information is essential to executing | ||||||
14 | an arrest or search warrant or other
compulsory process, | ||||||
15 | or to conducting an ongoing investigation
or relating to a | ||||||
16 | minor who
has been adjudicated delinquent and there has | ||||||
17 | been a previous finding that
the act which constitutes the | ||||||
18 | previous offense was committed in furtherance
of criminal | ||||||
19 | activities by a criminal street gang.
| ||||||
20 | Before July 1, 1994, for the purposes of this Section, | ||||||
21 | "criminal street
gang" means any ongoing
organization, | ||||||
22 | association, or group of 3 or more persons, whether formal | ||||||
23 | or
informal, having as one of its primary activities the | ||||||
24 | commission of one or
more criminal acts and that has a | ||||||
25 | common name or common identifying sign,
symbol or specific | ||||||
26 | color apparel displayed, and whose members individually
or |
| |||||||
| |||||||
1 | collectively engage in or have engaged in a pattern of | ||||||
2 | criminal activity.
| ||||||
3 | Beginning July 1, 1994, for purposes of this Section, | ||||||
4 | "criminal street
gang" has the meaning ascribed to it in | ||||||
5 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
6 | Prevention Act.
| ||||||
7 | (3) Judges, hearing officers, prosecutors, public | ||||||
8 | defenders, probation officers, social
workers, or other
| ||||||
9 | individuals assigned by the court to conduct a | ||||||
10 | pre-adjudication or pre-disposition
investigation, and | ||||||
11 | individuals responsible for supervising
or providing | ||||||
12 | temporary or permanent care and custody for minors under | ||||||
13 | the order of the juvenile court when essential to | ||||||
14 | performing their
responsibilities.
| ||||||
15 | (4) Judges, federal, State, and local prosecutors, | ||||||
16 | public defenders, probation officers, and designated | ||||||
17 | staff:
| ||||||
18 | (a) in the course of a trial when institution of | ||||||
19 | criminal proceedings
has been permitted or required | ||||||
20 | under Section 5-805;
| ||||||
21 | (b) when criminal proceedings have been permitted
| ||||||
22 | or
required under Section 5-805 and a minor is the | ||||||
23 | subject of a
proceeding to
determine the conditions of | ||||||
24 | pretrial release;
| ||||||
25 | (c) when criminal proceedings have been permitted
| ||||||
26 | or
required under Section 5-805 and a minor is the |
| |||||||
| |||||||
1 | subject of a
pre-trial
investigation, pre-sentence | ||||||
2 | investigation or fitness hearing, or
proceedings on an | ||||||
3 | application for probation; or
| ||||||
4 | (d) when a minor becomes 18 years of age or older, | ||||||
5 | and is the subject
of criminal proceedings, including | ||||||
6 | a hearing to determine the conditions of pretrial | ||||||
7 | release, a pre-trial investigation, a pre-sentence | ||||||
8 | investigation, a fitness
hearing, or proceedings on an | ||||||
9 | application for probation.
| ||||||
10 | (5) Adult and Juvenile Prisoner Review Boards.
| ||||||
11 | (6) Authorized military personnel.
| ||||||
12 | (6.5) Employees of the federal government authorized | ||||||
13 | by law. | ||||||
14 | (7) Victims, their subrogees and legal | ||||||
15 | representatives; however, such
persons shall have access | ||||||
16 | only to the name and address of the minor and
information | ||||||
17 | pertaining to the disposition or alternative adjustment | ||||||
18 | plan
of the juvenile court.
| ||||||
19 | (8) Persons engaged in bona fide research, with the | ||||||
20 | permission of the
presiding judge of the juvenile court | ||||||
21 | and the chief executive of the agency
that prepared the | ||||||
22 | particular records; provided that publication of such
| ||||||
23 | research results in no disclosure of a minor's identity | ||||||
24 | and protects the
confidentiality of the record.
| ||||||
25 | (9) The Secretary of State to whom the Clerk of the | ||||||
26 | Court shall report
the disposition of all cases, as |
| |||||||
| |||||||
1 | required in Section 6-204 of the Illinois
Vehicle Code. | ||||||
2 | However, information reported relative to these offenses | ||||||
3 | shall
be privileged and available only to the Secretary of | ||||||
4 | State, courts, and police
officers.
| ||||||
5 | (10) The administrator of a bonafide substance abuse | ||||||
6 | student
assistance program with the permission of the | ||||||
7 | presiding judge of the
juvenile court.
| ||||||
8 | (11) Mental health professionals on behalf of the | ||||||
9 | Department of
Corrections or the Department of Human | ||||||
10 | Services or prosecutors who are
evaluating, prosecuting, | ||||||
11 | or investigating a potential or actual petition
brought
| ||||||
12 | under the Sexually Violent Persons Commitment Act relating | ||||||
13 | to a person who is the
subject of
juvenile court records or | ||||||
14 | the respondent to a petition brought under
the
Sexually | ||||||
15 | Violent Persons Commitment Act, who is the subject of | ||||||
16 | juvenile
court records
sought. Any records and any | ||||||
17 | information obtained from those records under this
| ||||||
18 | paragraph (11) may be used only in sexually violent | ||||||
19 | persons commitment
proceedings.
| ||||||
20 | (12) Collection agencies, contracted or otherwise | ||||||
21 | engaged by a governmental entity, to collect any debts due | ||||||
22 | and owing to the governmental entity. | ||||||
23 | (A-1) Findings and exclusions of paternity entered in | ||||||
24 | proceedings occurring under Article II of this Act shall be | ||||||
25 | disclosed, in a manner and form approved by the Presiding | ||||||
26 | Judge of the Juvenile Court, to the Department of Healthcare |
| |||||||
| |||||||
1 | and Family Services when necessary to discharge the duties of | ||||||
2 | the Department of Healthcare and Family Services under Article | ||||||
3 | X of the Illinois Public Aid Code. | ||||||
4 | (B) A minor who is the victim in a juvenile proceeding | ||||||
5 | shall be
provided the same confidentiality regarding | ||||||
6 | disclosure of identity as the
minor who is the subject of | ||||||
7 | record.
| ||||||
8 | (C)(0.1) In cases where the records concern a pending | ||||||
9 | juvenile court case, the requesting party seeking to inspect | ||||||
10 | the juvenile court records shall provide actual notice to the | ||||||
11 | attorney or guardian ad litem of the minor whose records are | ||||||
12 | sought. | ||||||
13 | (0.2) In cases where the juvenile court records concern a | ||||||
14 | juvenile court case that is no longer pending, the requesting | ||||||
15 | party seeking to inspect the juvenile court records shall | ||||||
16 | provide actual notice to the minor or the minor's parent or | ||||||
17 | legal guardian, and the matter shall be referred to the chief | ||||||
18 | judge presiding over matters pursuant to this Act. | ||||||
19 | (0.3) In determining whether juvenile court records should | ||||||
20 | be made available for inspection and whether inspection should | ||||||
21 | be limited to certain parts of the file, the court shall | ||||||
22 | consider the minor's interest in confidentiality and | ||||||
23 | rehabilitation over the requesting party's interest in | ||||||
24 | obtaining the information. The State's Attorney, the minor, | ||||||
25 | and the minor's parents, guardian, and counsel shall at all | ||||||
26 | times have the right to examine court files and records. |
| |||||||
| |||||||
1 | (0.4) Any records obtained in violation of this Section | ||||||
2 | shall not be admissible in any criminal or civil proceeding, | ||||||
3 | or operate to disqualify a minor from subsequently holding | ||||||
4 | public office, or operate as a forfeiture of any public | ||||||
5 | benefit, right, privilege, or right to receive any license | ||||||
6 | granted by public authority.
| ||||||
7 | (D) Pending or following any adjudication of delinquency | ||||||
8 | for
any offense defined
in Sections 11-1.20 through 11-1.60 or | ||||||
9 | 12-13 through 12-16 of the Criminal Code of 1961 or the | ||||||
10 | Criminal Code of 2012,
the victim of any such offense shall | ||||||
11 | receive the
rights set out in Sections 4 and 6 of the Bill of
| ||||||
12 | Rights for Victims and Witnesses of Violent Crime Act; and the
| ||||||
13 | juvenile who is the subject of the adjudication, | ||||||
14 | notwithstanding any other
provision of this Act, shall be | ||||||
15 | treated
as an adult for the purpose of affording such rights to | ||||||
16 | the victim.
| ||||||
17 | (E) Nothing in this Section shall affect the right of a | ||||||
18 | Civil Service
Commission or appointing authority of the | ||||||
19 | federal government, or any state, county, or municipality
| ||||||
20 | examining the character and fitness of
an applicant for | ||||||
21 | employment with a law enforcement
agency, correctional | ||||||
22 | institution, or fire department to
ascertain
whether that | ||||||
23 | applicant was ever adjudicated to be a delinquent minor and,
| ||||||
24 | if so, to examine the records of disposition or evidence which | ||||||
25 | were made in
proceedings under this Act.
| ||||||
26 | (F) Following any adjudication of delinquency for a crime |
| |||||||
| |||||||
1 | which would be
a felony if committed by an adult, or following | ||||||
2 | any adjudication of delinquency
for a violation of Section | ||||||
3 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
4 | Criminal Code of 2012, the State's Attorney shall ascertain
| ||||||
5 | whether the minor respondent is enrolled in school and, if so, | ||||||
6 | shall provide
a copy of the dispositional order to the | ||||||
7 | principal or chief administrative
officer of the school. | ||||||
8 | Access to the dispositional order shall be limited
to the | ||||||
9 | principal or chief administrative officer of the school and | ||||||
10 | any school
counselor designated by him or her.
| ||||||
11 | (G) Nothing contained in this Act prevents the sharing or
| ||||||
12 | disclosure of information or records relating or pertaining to | ||||||
13 | juveniles
subject to the provisions of the Serious Habitual | ||||||
14 | Offender Comprehensive
Action Program when that information is | ||||||
15 | used to assist in the early
identification and treatment of | ||||||
16 | habitual juvenile offenders.
| ||||||
17 | (H) When a court hearing a proceeding under Article II of | ||||||
18 | this Act becomes
aware that an earlier proceeding under | ||||||
19 | Article II had been heard in a different
county, that court | ||||||
20 | shall request, and the court in which the earlier
proceedings | ||||||
21 | were initiated shall transmit, an authenticated copy of the | ||||||
22 | juvenile court
record, including all documents, petitions, and | ||||||
23 | orders filed and the
minute orders, transcript of proceedings, | ||||||
24 | and docket entries of the court.
| ||||||
25 | (I) The Clerk of the Circuit Court shall report to the | ||||||
26 | Illinois
State
Police, in the form and manner required by the |
| |||||||
| |||||||
1 | Illinois State Police, the
final disposition of each minor who | ||||||
2 | has been arrested or taken into custody
before his or her 18th | ||||||
3 | birthday for those offenses required to be reported
under | ||||||
4 | Section 5 of the Criminal Identification Act. Information | ||||||
5 | reported to
the Department under this Section may be | ||||||
6 | maintained with records that the
Department files under | ||||||
7 | Section 2.1 of the Criminal Identification Act.
| ||||||
8 | (J) The changes made to this Section by Public Act 98-61 | ||||||
9 | apply to juvenile law enforcement records of a minor who has | ||||||
10 | been arrested or taken into custody on or after January 1, 2014 | ||||||
11 | (the effective date of Public Act 98-61). | ||||||
12 | (K) Willful violation of this Section is a Class C | ||||||
13 | misdemeanor and each violation is subject to a fine of $1,000. | ||||||
14 | This subsection (K) shall not apply to the person who is the | ||||||
15 | subject of the record. | ||||||
16 | (L) A person convicted of violating this Section is liable | ||||||
17 | for damages in the amount of $1,000 or actual damages, | ||||||
18 | whichever is greater. | ||||||
19 | (Source: P.A. 101-652, eff. 1-1-23; 102-197, eff. 7-30-21; | ||||||
20 | 102-538, eff. 8-20-21; revised 10-12-21.)
| ||||||
21 | (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
| ||||||
22 | Sec. 2-10. Temporary custody hearing. At the appearance of | ||||||
23 | the
minor before the court at the temporary custody hearing, | ||||||
24 | all
witnesses present shall be examined before the court in | ||||||
25 | relation to any
matter connected with the allegations made in |
| |||||||
| |||||||
1 | the petition.
| ||||||
2 | (1) If the court finds that there is not probable cause to | ||||||
3 | believe
that the minor is abused, neglected or dependent it | ||||||
4 | shall release
the minor and dismiss the petition.
| ||||||
5 | (2) If the court finds that there is probable cause to | ||||||
6 | believe that
the minor is abused, neglected or dependent, the | ||||||
7 | court shall state in writing
the factual basis supporting its | ||||||
8 | finding and the minor, his or her parent,
guardian, custodian | ||||||
9 | and other persons able to give relevant testimony
shall be | ||||||
10 | examined before the court. The Department of Children and
| ||||||
11 | Family Services shall give testimony concerning indicated | ||||||
12 | reports of abuse
and neglect, of which they are aware through | ||||||
13 | the central registry,
involving the minor's parent, guardian | ||||||
14 | or custodian. After such
testimony, the court may, consistent | ||||||
15 | with
the health,
safety and best interests of the minor,
enter | ||||||
16 | an order that the minor shall be released
upon the request of | ||||||
17 | parent, guardian or custodian if the parent, guardian
or | ||||||
18 | custodian appears to take custody. If it is determined that a | ||||||
19 | parent's, guardian's, or custodian's compliance with critical | ||||||
20 | services mitigates the necessity for removal of the minor from | ||||||
21 | his or her home, the court may enter an Order of Protection | ||||||
22 | setting forth reasonable conditions of behavior that a parent, | ||||||
23 | guardian, or custodian must observe for a specified period of | ||||||
24 | time, not to exceed 12 months, without a violation; provided, | ||||||
25 | however, that the 12-month period shall begin anew after any | ||||||
26 | violation. "Custodian" includes the Department of Children and |
| |||||||
| |||||||
1 | Family Services, if it has been given custody of the child, or | ||||||
2 | any other agency of the State which has been given custody or | ||||||
3 | wardship of the child. If it is
consistent with the health, | ||||||
4 | safety and best interests of the
minor, the
court may also | ||||||
5 | prescribe shelter care and
order that the minor be kept in a | ||||||
6 | suitable place designated by the court or in
a shelter care | ||||||
7 | facility designated by the Department of Children and Family
| ||||||
8 | Services or a licensed child welfare
agency; however, on and | ||||||
9 | after January 1, 2015 (the effective date of Public Act | ||||||
10 | 98-803) and before January 1, 2017, a minor charged with a
| ||||||
11 | criminal offense under the Criminal Code of 1961 or the | ||||||
12 | Criminal Code of 2012 or adjudicated delinquent
shall not be | ||||||
13 | placed in the custody of or committed to the Department of
| ||||||
14 | Children and Family Services by any court, except a minor less | ||||||
15 | than 16
years of age and committed to the Department of | ||||||
16 | Children and Family Services
under Section 5-710 of this Act | ||||||
17 | or a minor for whom an independent
basis of
abuse, neglect, or | ||||||
18 | dependency exists; and on and after January 1, 2017, a minor | ||||||
19 | charged with a
criminal offense under the Criminal Code of | ||||||
20 | 1961 or the Criminal Code of 2012 or adjudicated delinquent
| ||||||
21 | shall not be placed in the custody of or committed to the | ||||||
22 | Department of
Children and Family Services by any court, | ||||||
23 | except a minor less than 15 years of age and committed to the | ||||||
24 | Department of Children and Family Services
under Section 5-710 | ||||||
25 | of this Act or a minor for whom an independent
basis of
abuse, | ||||||
26 | neglect, or dependency exists.
An independent basis exists |
| |||||||
| |||||||
1 | when the allegations or adjudication of abuse, neglect, or | ||||||
2 | dependency do not arise from the same facts, incident, or | ||||||
3 | circumstances which give rise to a charge or adjudication of | ||||||
4 | delinquency.
| ||||||
5 | In placing the minor, the Department or other
agency | ||||||
6 | shall, to the extent
compatible with the court's order, comply | ||||||
7 | with Section 7 of the Children and
Family Services Act.
In | ||||||
8 | determining
the health, safety and best interests of the minor | ||||||
9 | to prescribe shelter
care, the court must
find that it is a | ||||||
10 | matter of immediate and urgent necessity for the safety
and | ||||||
11 | protection
of the minor or of the person or property of another | ||||||
12 | that the minor be placed
in a shelter care facility or that he | ||||||
13 | or she is likely to flee the jurisdiction
of the court, and | ||||||
14 | must further find that reasonable efforts have been made or
| ||||||
15 | that, consistent with the health, safety and best interests of
| ||||||
16 | the minor, no efforts reasonably can be made to
prevent or | ||||||
17 | eliminate the necessity of removal of the minor from his or her
| ||||||
18 | home. The court shall require documentation from the | ||||||
19 | Department of Children and
Family Services as to the | ||||||
20 | reasonable efforts that were made to prevent or
eliminate the | ||||||
21 | necessity of removal of the minor from his or her home or the
| ||||||
22 | reasons why no efforts reasonably could be made to prevent or | ||||||
23 | eliminate the
necessity of removal. When a minor is placed in | ||||||
24 | the home of a relative, the
Department of Children and Family | ||||||
25 | Services shall complete a preliminary
background review of the | ||||||
26 | members of the minor's custodian's household in
accordance |
| |||||||
| |||||||
1 | with Section 4.3 of the Child Care Act of 1969 within 90 days | ||||||
2 | of
that placement. If the minor is ordered placed in a shelter | ||||||
3 | care facility of
the Department of Children and
Family | ||||||
4 | Services or a licensed child welfare agency, the court shall, | ||||||
5 | upon
request of the appropriate Department or other agency, | ||||||
6 | appoint the
Department of Children and Family Services | ||||||
7 | Guardianship Administrator or
other appropriate agency | ||||||
8 | executive temporary custodian of the minor and the
court may | ||||||
9 | enter such other orders related to the temporary custody as it
| ||||||
10 | deems fit and proper, including the provision of services to | ||||||
11 | the minor or
his family to ameliorate the causes contributing | ||||||
12 | to the finding of probable
cause or to the finding of the | ||||||
13 | existence of immediate and urgent necessity. | ||||||
14 | Where the Department of Children and Family Services | ||||||
15 | Guardianship Administrator is appointed as the executive | ||||||
16 | temporary custodian, the Department of Children and Family | ||||||
17 | Services shall file with the court and serve on the parties a | ||||||
18 | parent-child visiting plan, within 10 days, excluding weekends | ||||||
19 | and holidays, after the appointment. The parent-child visiting | ||||||
20 | plan shall set out the time and place of visits, the frequency | ||||||
21 | of visits, the length of visits, who shall be present at the | ||||||
22 | visits, and where appropriate, the minor's opportunities to | ||||||
23 | have telephone and mail communication with the parents. | ||||||
24 | Where the Department of Children and Family Services | ||||||
25 | Guardianship Administrator is
appointed as the executive | ||||||
26 | temporary custodian, and when the child has siblings in care,
|
| |||||||
| |||||||
1 | the Department of Children and Family Services shall file with | ||||||
2 | the court and serve on the
parties a sibling placement and | ||||||
3 | contact plan within 10 days, excluding weekends and
holidays, | ||||||
4 | after the appointment. The sibling placement and contact plan | ||||||
5 | shall set forth
whether the siblings are placed together, and | ||||||
6 | if they are not placed together, what, if any,
efforts are | ||||||
7 | being made to place them together. If the Department has | ||||||
8 | determined that it is
not in a child's best interest to be | ||||||
9 | placed with a sibling, the Department shall document in
the | ||||||
10 | sibling placement and contact plan the basis for its | ||||||
11 | determination. For siblings placed
separately, the sibling | ||||||
12 | placement and contact plan shall set the time and place for | ||||||
13 | visits,
the frequency of the visits, the length of visits, who | ||||||
14 | shall be present for the visits, and
where appropriate, the | ||||||
15 | child's opportunities to have contact with their siblings in | ||||||
16 | addition to
in person contact. If the Department determines it | ||||||
17 | is not in the best interest of a sibling to
have contact with a | ||||||
18 | sibling, the Department shall document in the sibling | ||||||
19 | placement and
contact plan the basis for its determination. | ||||||
20 | The sibling placement and contact plan shall
specify a date | ||||||
21 | for development of the Sibling Contact Support Plan, under | ||||||
22 | subsection (f) of Section 7.4 of the Children and Family | ||||||
23 | Services Act, and shall remain in effect until the Sibling | ||||||
24 | Contact Support Plan is developed. | ||||||
25 | For good cause, the court may waive the requirement to | ||||||
26 | file the parent-child visiting plan or the sibling placement |
| |||||||
| |||||||
1 | and contact plan, or extend the time for filing either plan. | ||||||
2 | Any party may, by motion, request the court to review the | ||||||
3 | parent-child visiting plan to determine whether it is | ||||||
4 | reasonably calculated to expeditiously facilitate the | ||||||
5 | achievement of the permanency goal. A party may, by motion, | ||||||
6 | request the court to review the parent-child visiting plan or | ||||||
7 | the sibling placement and contact plan to determine whether it | ||||||
8 | is consistent with the minor's best interest. The court may | ||||||
9 | refer the parties to mediation where available. The frequency, | ||||||
10 | duration, and locations of visitation shall be measured by the | ||||||
11 | needs of the child and family, and not by the convenience of | ||||||
12 | Department personnel. Child development principles shall be | ||||||
13 | considered by the court in its analysis of how frequent | ||||||
14 | visitation should be, how long it should last, where it should | ||||||
15 | take place, and who should be present. If upon motion of the | ||||||
16 | party to review either plan and after receiving evidence, the | ||||||
17 | court determines that the parent-child visiting plan is not | ||||||
18 | reasonably calculated to expeditiously facilitate the | ||||||
19 | achievement of the permanency goal or that the restrictions | ||||||
20 | placed on parent-child contact or sibling placement or contact | ||||||
21 | are contrary to the child's best interests, the court shall | ||||||
22 | put in writing the factual basis supporting the determination | ||||||
23 | and enter specific findings based on the evidence. The court | ||||||
24 | shall enter an order for the Department to implement changes | ||||||
25 | to the parent-child visiting plan or sibling placement or | ||||||
26 | contact plan, consistent with the court's findings. At any |
| |||||||
| |||||||
1 | stage of proceeding, any party may by motion request the court | ||||||
2 | to enter any orders necessary to implement the parent-child | ||||||
3 | visiting plan, sibling placement or contact plan or | ||||||
4 | subsequently developed Sibling Contact Support Plan. Nothing | ||||||
5 | under this subsection (2) shall restrict the court from | ||||||
6 | granting discretionary authority to the Department to increase | ||||||
7 | opportunities for additional parent-child contacts or sibling | ||||||
8 | contacts, without further court orders. Nothing in this | ||||||
9 | subsection (2) shall restrict the Department from immediately | ||||||
10 | restricting or terminating parent-child contact or sibling | ||||||
11 | contacts, without either amending the parent-child visiting | ||||||
12 | plan or the sibling contact plan or obtaining a court order, | ||||||
13 | where the Department or its assigns reasonably believe there | ||||||
14 | is an immediate need to protect the child's health, safety, | ||||||
15 | and welfare. Such restrictions or terminations must be based | ||||||
16 | on available facts to the Department and its assigns when | ||||||
17 | viewed in light of the surrounding circumstances and shall | ||||||
18 | only occur on an individual case-by-case basis. The Department | ||||||
19 | shall file with the court and serve on the parties any | ||||||
20 | amendments to the plan within 10 days, excluding weekends and | ||||||
21 | holidays, of the change of the visitation. | ||||||
22 | Acceptance of services shall not be considered an | ||||||
23 | admission of any
allegation in a petition made pursuant to | ||||||
24 | this Act, nor may a referral of
services be considered as | ||||||
25 | evidence in any proceeding pursuant to this Act,
except where | ||||||
26 | the issue is whether the Department has made reasonable
|
| |||||||
| |||||||
1 | efforts to reunite the family. In making its findings that it | ||||||
2 | is
consistent with the health, safety and best
interests of | ||||||
3 | the minor to prescribe shelter care, the court shall state in
| ||||||
4 | writing (i) the factual basis supporting its findings | ||||||
5 | concerning the
immediate and urgent necessity for the | ||||||
6 | protection of the minor or of the person
or property of another | ||||||
7 | and (ii) the factual basis supporting its findings that
| ||||||
8 | reasonable efforts were made to prevent or eliminate the | ||||||
9 | removal of the minor
from his or her home or that no efforts | ||||||
10 | reasonably could be made to prevent or
eliminate the removal | ||||||
11 | of the minor from his or her home. The
parents, guardian, | ||||||
12 | custodian, temporary custodian and minor shall each be
| ||||||
13 | furnished a copy of such written findings. The temporary | ||||||
14 | custodian shall
maintain a copy of the court order and written | ||||||
15 | findings in the case record
for the child. The order together | ||||||
16 | with the court's findings of fact in
support thereof shall be | ||||||
17 | entered of record in the court.
| ||||||
18 | Once the court finds that it is a matter of immediate and | ||||||
19 | urgent necessity
for the protection of the minor that the | ||||||
20 | minor be placed in a shelter care
facility, the minor shall not | ||||||
21 | be returned to the parent, custodian or guardian
until the | ||||||
22 | court finds that such placement is no longer necessary for the
| ||||||
23 | protection of the minor.
| ||||||
24 | If the child is placed in the temporary custody of the | ||||||
25 | Department of
Children
and Family
Services for his or her | ||||||
26 | protection, the court shall admonish the parents,
guardian,
|
| |||||||
| |||||||
1 | custodian or responsible relative that the parents must | ||||||
2 | cooperate with the
Department of Children and Family Services, | ||||||
3 | comply
with the terms of the service plans, and correct the | ||||||
4 | conditions which require
the child to be in care, or risk | ||||||
5 | termination of their parental
rights. The court shall ensure, | ||||||
6 | by inquiring in open court of each parent, guardian, custodian | ||||||
7 | or responsible relative, that the parent, guardian, custodian | ||||||
8 | or responsible relative has had the opportunity to provide the | ||||||
9 | Department with all known names, addresses, and telephone | ||||||
10 | numbers of each of the minor's living maternal and paternal | ||||||
11 | adult relatives, including, but not limited to, grandparents, | ||||||
12 | aunts, uncles, and siblings. The court shall advise the | ||||||
13 | parents, guardian, custodian or responsible relative to inform | ||||||
14 | the Department if additional information regarding the minor's | ||||||
15 | adult relatives becomes available.
| ||||||
16 | (3) If prior to the shelter care hearing for a minor | ||||||
17 | described in Sections
2-3, 2-4, 3-3 and 4-3 the moving party is | ||||||
18 | unable to serve notice on the
party respondent, the shelter | ||||||
19 | care hearing may proceed ex parte. A shelter
care order from an | ||||||
20 | ex parte hearing shall be endorsed with the date and
hour of | ||||||
21 | issuance and shall be filed with the clerk's office and | ||||||
22 | entered of
record. The order shall expire after 10 days from | ||||||
23 | the time it is issued
unless before its expiration it is | ||||||
24 | renewed, at a hearing upon appearance
of the party respondent, | ||||||
25 | or upon an affidavit of the moving party as to all
diligent | ||||||
26 | efforts to notify the party respondent by notice as herein
|
| |||||||
| |||||||
1 | prescribed. The notice prescribed shall be in writing and | ||||||
2 | shall be
personally delivered to the minor or the minor's | ||||||
3 | attorney and to the last
known address of the other person or | ||||||
4 | persons entitled to notice. The
notice shall also state the | ||||||
5 | nature of the allegations, the nature of the
order sought by | ||||||
6 | the State, including whether temporary custody is sought,
and | ||||||
7 | the consequences of failure to appear and shall contain a | ||||||
8 | notice
that the parties will not be entitled to further | ||||||
9 | written notices or publication
notices of proceedings in this | ||||||
10 | case, including the filing of an amended
petition or a motion | ||||||
11 | to terminate parental rights, except as required by
Supreme | ||||||
12 | Court Rule 11; and shall explain the
right of
the parties and | ||||||
13 | the procedures to vacate or modify a shelter care order as
| ||||||
14 | provided in this Section. The notice for a shelter care | ||||||
15 | hearing shall be
substantially as follows:
| ||||||
16 | NOTICE TO PARENTS AND CHILDREN
| ||||||
17 | OF SHELTER CARE HEARING
| ||||||
18 | On ................ at ........., before the Honorable | ||||||
19 | ................,
(address:) ................., the State | ||||||
20 | of Illinois will present evidence
(1) that (name of child | ||||||
21 | or children) ....................... are abused,
neglected | ||||||
22 | or dependent for the following reasons:
| ||||||
23 | ..............................................
and (2) | ||||||
24 | whether there is "immediate and urgent necessity" to | ||||||
25 | remove the child
or children from the responsible | ||||||
26 | relative.
|
| |||||||
| |||||||
1 | YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN | ||||||
2 | PLACEMENT of the
child or children in foster care until a | ||||||
3 | trial can be held. A trial may
not be held for up to 90 | ||||||
4 | days. You will not be entitled to further notices
of | ||||||
5 | proceedings in this case, including the filing of an | ||||||
6 | amended petition or a
motion to terminate parental rights.
| ||||||
7 | At the shelter care hearing, parents have the | ||||||
8 | following rights:
| ||||||
9 | 1. To ask the court to appoint a lawyer if they | ||||||
10 | cannot afford one.
| ||||||
11 | 2. To ask the court to continue the hearing to | ||||||
12 | allow them time to
prepare.
| ||||||
13 | 3. To present evidence concerning:
| ||||||
14 | a. Whether or not the child or children were | ||||||
15 | abused, neglected
or dependent.
| ||||||
16 | b. Whether or not there is "immediate and | ||||||
17 | urgent necessity" to remove
the child from home | ||||||
18 | (including: their ability to care for the child,
| ||||||
19 | conditions in the home, alternative means of | ||||||
20 | protecting the child other
than removal).
| ||||||
21 | c. The best interests of the child.
| ||||||
22 | 4. To cross examine the State's witnesses.
| ||||||
23 | The Notice for rehearings shall be substantially as | ||||||
24 | follows:
| ||||||
25 | NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
|
| |||||||
| |||||||
1 | TO REHEARING ON TEMPORARY CUSTODY
| ||||||
2 | If you were not present at and did not have adequate | ||||||
3 | notice of the
Shelter Care Hearing at which temporary | ||||||
4 | custody of ............... was
awarded to | ||||||
5 | ................, you have the right to request a full | ||||||
6 | rehearing
on whether the State should have temporary | ||||||
7 | custody of ................. To
request this rehearing, | ||||||
8 | you must file with the Clerk of the Juvenile Court
| ||||||
9 | (address): ........................, in person or by | ||||||
10 | mailing a statement
(affidavit) setting forth the | ||||||
11 | following:
| ||||||
12 | 1. That you were not present at the shelter care | ||||||
13 | hearing.
| ||||||
14 | 2. That you did not get adequate notice | ||||||
15 | (explaining how the notice
was inadequate).
| ||||||
16 | 3. Your signature.
| ||||||
17 | 4. Signature must be notarized.
| ||||||
18 | The rehearing should be scheduled within 48 hours of | ||||||
19 | your filing this
affidavit.
| ||||||
20 | At the rehearing, your rights are the same as at the | ||||||
21 | initial shelter care
hearing. The enclosed notice explains | ||||||
22 | those rights.
| ||||||
23 | At the Shelter Care Hearing, children have the | ||||||
24 | following rights:
| ||||||
25 | 1. To have a guardian ad litem appointed.
| ||||||
26 | 2. To be declared competent as a witness and to |
| |||||||
| |||||||
1 | present testimony
concerning:
| ||||||
2 | a. Whether they are abused, neglected or | ||||||
3 | dependent.
| ||||||
4 | b. Whether there is "immediate and urgent | ||||||
5 | necessity" to be
removed from home.
| ||||||
6 | c. Their best interests.
| ||||||
7 | 3. To cross examine witnesses for other parties.
| ||||||
8 | 4. To obtain an explanation of any proceedings and | ||||||
9 | orders of the
court.
| ||||||
10 | (4) If the parent, guardian, legal custodian, responsible | ||||||
11 | relative,
minor age 8 or over, or counsel of the minor did not | ||||||
12 | have actual notice of
or was not present at the shelter care | ||||||
13 | hearing, he or she may file an
affidavit setting forth these | ||||||
14 | facts, and the clerk shall set the matter for
rehearing not | ||||||
15 | later than 48 hours, excluding Sundays and legal holidays,
| ||||||
16 | after the filing of the affidavit. At the rehearing, the court | ||||||
17 | shall
proceed in the same manner as upon the original hearing.
| ||||||
18 | (5) Only when there is reasonable cause to believe that | ||||||
19 | the minor
taken into custody is a person described in | ||||||
20 | subsection (3) of Section
5-105 may the minor be
kept or | ||||||
21 | detained in a detention home or county or municipal jail. This
| ||||||
22 | Section shall in no way be construed to limit subsection (6).
| ||||||
23 | (6) No minor under 16 years of age may be confined in a | ||||||
24 | jail or place
ordinarily used for the confinement of prisoners | ||||||
25 | in a police station. Minors
under 18 years of age must be kept | ||||||
26 | separate from confined adults and may
not at any time be kept |
| |||||||
| |||||||
1 | in the same cell, room, or yard with adults confined
pursuant | ||||||
2 | to the criminal law.
| ||||||
3 | (7) If the minor is not brought before a judicial officer | ||||||
4 | within the
time period as specified in Section 2-9, the minor | ||||||
5 | must immediately be
released from custody.
| ||||||
6 | (8) If neither the parent, guardian or custodian appears | ||||||
7 | within 24
hours to take custody of a minor released upon | ||||||
8 | request pursuant to
subsection (2) of this Section, then the | ||||||
9 | clerk of the court shall set the
matter for rehearing not later | ||||||
10 | than 7 days after the original order and
shall issue a summons | ||||||
11 | directed to the parent, guardian or custodian to
appear. At | ||||||
12 | the same time the probation department shall prepare a report
| ||||||
13 | on the minor. If a parent, guardian or custodian does not | ||||||
14 | appear at such
rehearing, the judge may enter an order | ||||||
15 | prescribing that the minor be kept
in a suitable place | ||||||
16 | designated by the Department of Children and Family
Services | ||||||
17 | or a licensed child welfare agency.
| ||||||
18 | (9) Notwithstanding any other provision of this
Section | ||||||
19 | any interested party, including the State, the temporary
| ||||||
20 | custodian, an agency providing services to the minor or family | ||||||
21 | under a
service plan pursuant to Section 8.2 of the Abused and | ||||||
22 | Neglected Child
Reporting Act, foster parent, or any of their | ||||||
23 | representatives, on notice
to all parties entitled to notice, | ||||||
24 | may file a motion that it is in the best
interests of the minor | ||||||
25 | to modify or vacate a
temporary custody order on any of the | ||||||
26 | following grounds:
|
| |||||||
| |||||||
1 | (a) It is no longer a matter of immediate and urgent | ||||||
2 | necessity that the
minor remain in shelter care; or
| ||||||
3 | (b) There is a material change in the circumstances of | ||||||
4 | the natural
family from which the minor was removed and | ||||||
5 | the child can be cared for at
home without endangering the | ||||||
6 | child's health or safety; or
| ||||||
7 | (c) A person not a party to the alleged abuse, neglect | ||||||
8 | or dependency,
including a parent, relative or legal | ||||||
9 | guardian, is capable of assuming
temporary custody of the | ||||||
10 | minor; or
| ||||||
11 | (d) Services provided by the Department of Children | ||||||
12 | and Family Services
or a child welfare agency or other | ||||||
13 | service provider have been successful in
eliminating the | ||||||
14 | need for temporary custody and the child can be cared for | ||||||
15 | at
home without endangering the child's health or safety.
| ||||||
16 | In ruling on the motion, the court shall determine whether | ||||||
17 | it is consistent
with the health, safety and best interests of | ||||||
18 | the minor to modify
or vacate a temporary custody order. If the
| ||||||
19 | minor is being restored to the custody of a parent, legal | ||||||
20 | custodian, or guardian who lives
outside of Illinois, and an | ||||||
21 | Interstate Compact has been requested and refused, the court | ||||||
22 | may order the
Department of Children and Family Services to | ||||||
23 | arrange for an assessment of the minor's
proposed living | ||||||
24 | arrangement and for ongoing monitoring of the health, safety, | ||||||
25 | and best
interest of the minor and compliance with any order of | ||||||
26 | protective supervision entered in
accordance with Section 2-20 |
| |||||||
| |||||||
1 | or 2-25.
| ||||||
2 | The clerk shall set the matter for hearing not later than | ||||||
3 | 14 days after
such motion is filed. In the event that the court | ||||||
4 | modifies or vacates a
temporary custody order but does not | ||||||
5 | vacate its finding of probable cause,
the court may order that | ||||||
6 | appropriate services be continued or initiated in
behalf of | ||||||
7 | the minor and his or her family.
| ||||||
8 | (10) When the court finds or has found that there is | ||||||
9 | probable cause to
believe a minor is an abused minor as | ||||||
10 | described in subsection (2) of Section
2-3
and that there is an | ||||||
11 | immediate and urgent necessity for the abused minor to be
| ||||||
12 | placed in shelter care, immediate and urgent necessity shall | ||||||
13 | be presumed for
any other minor residing in the same household | ||||||
14 | as the abused minor provided:
| ||||||
15 | (a) Such other minor is the subject of an abuse or | ||||||
16 | neglect petition
pending before the court; and
| ||||||
17 | (b) A party to the petition is seeking shelter care | ||||||
18 | for such other minor.
| ||||||
19 | Once the presumption of immediate and urgent necessity has | ||||||
20 | been raised, the
burden of demonstrating the lack of immediate | ||||||
21 | and urgent necessity shall be on
any party that is opposing | ||||||
22 | shelter care for the other minor.
| ||||||
23 | (11) The changes made to this Section by Public Act 98-61 | ||||||
24 | apply to a minor who has been
arrested or taken into custody on | ||||||
25 | or after January 1, 2014 (the effective date
of Public Act | ||||||
26 | 98-61). |
| |||||||
| |||||||
1 | (12) After the court has placed a minor in the care of a | ||||||
2 | temporary custodian pursuant to this Section, any party may | ||||||
3 | file a motion requesting the court to grant the temporary | ||||||
4 | custodian the authority to serve as a surrogate decision maker | ||||||
5 | for the minor under the Health Care Surrogate Act for purposes | ||||||
6 | of making decisions pursuant to paragraph (1) of subsection | ||||||
7 | (b) of Section 20 of the Health Care Surrogate Act. The court | ||||||
8 | may grant the motion if it determines by clear and convincing | ||||||
9 | evidence that it is in the best interests of the minor to grant | ||||||
10 | the temporary custodian such authority. In making its | ||||||
11 | determination, the court shall weigh the following factors in | ||||||
12 | addition to considering the best interests factors listed in | ||||||
13 | subsection (4.05) of Section 1-3 of this Act: | ||||||
14 | (a) the efforts to identify and locate the respondents | ||||||
15 | and adult family members of the minor and the results of | ||||||
16 | those efforts; | ||||||
17 | (b) the efforts to engage the respondents and adult | ||||||
18 | family members of the minor in decision making on behalf | ||||||
19 | of the minor; | ||||||
20 | (c) the length of time the efforts in paragraphs (a) | ||||||
21 | and (b) have been ongoing; | ||||||
22 | (d) the relationship between the respondents and adult | ||||||
23 | family members and the minor; | ||||||
24 | (e) medical testimony regarding the extent to which | ||||||
25 | the minor is suffering and the impact of a delay in | ||||||
26 | decision-making on the minor; and |
| |||||||
| |||||||
1 | (f) any other factor the court deems relevant. | ||||||
2 | If the Department of Children and Family Services is the | ||||||
3 | temporary custodian of the minor, in addition to the | ||||||
4 | requirements of paragraph (1) of subsection (b) of Section 20 | ||||||
5 | of the Health Care Surrogate Act, the Department shall follow | ||||||
6 | its rules and procedures in exercising authority granted under | ||||||
7 | this subsection. | ||||||
8 | (Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22; | ||||||
9 | revised 10-14-21.)
| ||||||
10 | (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
| ||||||
11 | Sec. 2-28. Court review.
| ||||||
12 | (1) The court may require any legal custodian or guardian | ||||||
13 | of the person
appointed under this Act to report periodically | ||||||
14 | to the court or may cite
him into court and require him or his | ||||||
15 | agency, to make a full and
accurate report of his or its doings | ||||||
16 | in behalf of the minor. The
custodian or guardian, within 10 | ||||||
17 | days after such citation, or earlier if the court determines | ||||||
18 | it to be necessary to protect the health, safety, or welfare of | ||||||
19 | the minor, shall make
the report, either in writing verified | ||||||
20 | by affidavit or orally under oath
in open court, or otherwise | ||||||
21 | as the court directs. Upon the hearing of
the report the court | ||||||
22 | may remove the custodian or guardian and appoint
another in | ||||||
23 | his stead or restore the minor to the custody of his parents
or | ||||||
24 | former guardian or custodian. However, custody of the minor | ||||||
25 | shall
not be restored to any parent, guardian , or legal |
| |||||||
| |||||||
1 | custodian in any case
in which the minor is found to be | ||||||
2 | neglected or abused under Section 2-3 or
dependent under | ||||||
3 | Section 2-4 of this
Act, unless the minor can be cared for at | ||||||
4 | home without endangering the
minor's health or safety and it | ||||||
5 | is in the best interests of the minor, and
if such neglect,
| ||||||
6 | abuse, or dependency is found by the court under paragraph (1)
| ||||||
7 | of Section 2-21 of
this Act to have come about due to the acts | ||||||
8 | or omissions or both of such
parent, guardian ,
or legal | ||||||
9 | custodian, until such time as an investigation is made as | ||||||
10 | provided in
paragraph (5) and a hearing is held on the issue of | ||||||
11 | the fitness of such parent,
guardian , or legal custodian to | ||||||
12 | care for the minor and the court enters an order
that such | ||||||
13 | parent, guardian , or legal custodian is fit to care for the | ||||||
14 | minor.
| ||||||
15 | (1.5) The public agency that is the custodian or guardian | ||||||
16 | of the minor shall file a written report with the court no | ||||||
17 | later than 15 days after a minor in the agency's care remains: | ||||||
18 | (1) in a shelter placement beyond 30 days; | ||||||
19 | (2) in a psychiatric hospital past the time when the | ||||||
20 | minor is clinically ready for discharge or beyond medical | ||||||
21 | necessity for the minor's health; or | ||||||
22 | (3) in a detention center or Department of Juvenile | ||||||
23 | Justice facility solely because the public agency cannot | ||||||
24 | find an appropriate placement for the minor. | ||||||
25 | The report shall explain the steps the agency is taking to | ||||||
26 | ensure the minor is placed appropriately, how the minor's |
| |||||||
| |||||||
1 | needs are being met in the minor's shelter placement, and if a | ||||||
2 | future placement has been identified by the Department, why | ||||||
3 | the anticipated placement is appropriate for the needs of the | ||||||
4 | minor and the anticipated placement date. | ||||||
5 | (1.6) Within 35 days after placing a child in its care in a | ||||||
6 | qualified residential treatment program, as defined by the | ||||||
7 | federal Social Security Act, the Department of Children and | ||||||
8 | Family Services shall file a written report with the court and | ||||||
9 | send copies of the report to all parties. Within 20 days of the | ||||||
10 | filing of the report, the court shall hold a hearing to | ||||||
11 | consider the Department's report and determine whether | ||||||
12 | placement of the child in a qualified residential treatment | ||||||
13 | program provides the most effective and appropriate level of | ||||||
14 | care for the child in the least restrictive environment and if | ||||||
15 | the placement is consistent with the short-term and long-term | ||||||
16 | goals for the child, as specified in the permanency plan for | ||||||
17 | the child. The court shall approve or disapprove the | ||||||
18 | placement. If applicable, the requirements of Sections 2-27.1 | ||||||
19 | and 2-27.2 must also be met.
The Department's written report | ||||||
20 | and the court's written determination shall be included in and | ||||||
21 | made part of the case plan for the child. If the child remains | ||||||
22 | placed in a qualified residential treatment program, the | ||||||
23 | Department shall submit evidence at each status and permanency | ||||||
24 | hearing: | ||||||
25 | (1) demonstrating that on-going assessment of the | ||||||
26 | strengths and needs of the child continues to support the |
| |||||||
| |||||||
1 | determination that the child's needs cannot be met through | ||||||
2 | placement in a foster family home, that the placement | ||||||
3 | provides the most effective and appropriate level of care | ||||||
4 | for the child in the least restrictive, appropriate | ||||||
5 | environment, and that the placement is consistent with the | ||||||
6 | short-term and long-term permanency goal for the child, as | ||||||
7 | specified in the permanency plan for the child; | ||||||
8 | (2) documenting the specific treatment or service | ||||||
9 | needs that should be met for the child in the placement and | ||||||
10 | the length of time the child is expected to need the | ||||||
11 | treatment or services; and | ||||||
12 | (3) the efforts made by the agency to prepare the | ||||||
13 | child to return home or to be placed with a fit and willing | ||||||
14 | relative, a legal guardian, or an adoptive parent, or in a | ||||||
15 | foster family home. | ||||||
16 | (2) The first permanency hearing shall be
conducted by the | ||||||
17 | judge. Subsequent permanency hearings may be
heard by a judge | ||||||
18 | or by hearing officers appointed or approved by the court in
| ||||||
19 | the manner set forth in Section 2-28.1 of this Act.
The initial | ||||||
20 | hearing shall be held (a) within 12 months from the date
| ||||||
21 | temporary
custody was taken, regardless of whether an | ||||||
22 | adjudication or dispositional hearing has been completed | ||||||
23 | within that time frame, (b) if the parental rights of both | ||||||
24 | parents have been
terminated in accordance with the procedure | ||||||
25 | described in subsection (5) of
Section 2-21, within
30 days of | ||||||
26 | the order for termination of parental rights and appointment |
| |||||||
| |||||||
1 | of
a guardian with power to consent to adoption, or (c) in | ||||||
2 | accordance with
subsection
(2) of Section 2-13.1. Subsequent | ||||||
3 | permanency hearings
shall be held every 6 months
or more | ||||||
4 | frequently if necessary in the court's determination following | ||||||
5 | the
initial permanency hearing, in accordance with the | ||||||
6 | standards set forth in this
Section, until the court | ||||||
7 | determines that the plan and goal have been achieved.
Once the | ||||||
8 | plan and goal have been achieved, if the minor remains in | ||||||
9 | substitute
care, the case shall be reviewed at least every 6 | ||||||
10 | months thereafter, subject to
the provisions of this Section, | ||||||
11 | unless the minor is placed in the guardianship
of a suitable | ||||||
12 | relative or other person and the court determines that further
| ||||||
13 | monitoring by the court does not further the health, safety or | ||||||
14 | best interest of
the child and that this is a stable permanent | ||||||
15 | placement.
The permanency hearings must occur within the time | ||||||
16 | frames set forth in this
subsection and may not be delayed in | ||||||
17 | anticipation of a report from any source or due to the agency's | ||||||
18 | failure to timely file its written report (this
written report | ||||||
19 | means the one required under the next paragraph and does not
| ||||||
20 | mean the service plan also referred to in that paragraph).
| ||||||
21 | The public agency that is the custodian or guardian of the | ||||||
22 | minor, or another
agency responsible for the minor's care, | ||||||
23 | shall ensure that all parties to the
permanency hearings are | ||||||
24 | provided a copy of the most recent
service plan prepared | ||||||
25 | within the prior 6 months
at least 14 days in advance of the | ||||||
26 | hearing. If not contained in the agency's service plan, the
|
| |||||||
| |||||||
1 | agency shall also include a report setting forth (i) any | ||||||
2 | special
physical, psychological, educational, medical, | ||||||
3 | emotional, or other needs of the
minor or his or her family | ||||||
4 | that are relevant to a permanency or placement
determination | ||||||
5 | and (ii) for any minor age 16 or over, a written description of
| ||||||
6 | the programs and services that will enable the minor to | ||||||
7 | prepare for independent
living. If not contained in the | ||||||
8 | agency's service plan, the agency's report shall specify if a | ||||||
9 | minor is placed in a licensed child care facility under a | ||||||
10 | corrective plan by the Department due to concerns impacting | ||||||
11 | the minor's safety and well-being. The report shall explain | ||||||
12 | the steps the Department is taking to ensure the safety and | ||||||
13 | well-being of the minor and that the minor's needs are met in | ||||||
14 | the facility. The agency's written report must detail what | ||||||
15 | progress or lack of
progress the parent has made in correcting | ||||||
16 | the conditions requiring the child
to be in care; whether the | ||||||
17 | child can be returned home without jeopardizing the
child's | ||||||
18 | health, safety, and welfare, and if not, what permanency goal | ||||||
19 | is
recommended to be in the best interests of the child, and | ||||||
20 | why the other
permanency goals are not appropriate. The | ||||||
21 | caseworker must appear and testify
at the permanency hearing. | ||||||
22 | If a permanency hearing has not previously been
scheduled by | ||||||
23 | the court, the moving party shall move for the setting of a
| ||||||
24 | permanency hearing and the entry of an order within the time | ||||||
25 | frames set forth
in this subsection.
| ||||||
26 | At the permanency hearing, the court shall determine the |
| |||||||
| |||||||
1 | future status
of the child. The court shall set one of the | ||||||
2 | following permanency goals:
| ||||||
3 | (A) The minor will be returned home by a specific date | ||||||
4 | within 5
months.
| ||||||
5 | (B) The minor will be in short-term care with a
| ||||||
6 | continued goal to return home within a period not to | ||||||
7 | exceed one
year, where the progress of the parent or | ||||||
8 | parents is substantial giving
particular consideration to | ||||||
9 | the age and individual needs of the minor.
| ||||||
10 | (B-1) The minor will be in short-term care with a | ||||||
11 | continued goal to return
home pending a status hearing. | ||||||
12 | When the court finds that a parent has not made
reasonable | ||||||
13 | efforts or reasonable progress to date, the court shall | ||||||
14 | identify
what actions the parent and the Department must | ||||||
15 | take in order to justify a
finding of reasonable efforts | ||||||
16 | or reasonable progress and shall set a status
hearing to | ||||||
17 | be held not earlier than 9 months from the date of | ||||||
18 | adjudication nor
later than 11 months from the date of | ||||||
19 | adjudication during which the parent's
progress will again | ||||||
20 | be reviewed.
| ||||||
21 | (C) The minor will be in substitute care pending court
| ||||||
22 | determination on termination of parental rights.
| ||||||
23 | (D) Adoption, provided that parental rights have been | ||||||
24 | terminated or
relinquished.
| ||||||
25 | (E) The guardianship of the minor will be transferred | ||||||
26 | to an individual or
couple on a permanent basis provided |
| |||||||
| |||||||
1 | that goals (A) through (D) have
been deemed inappropriate | ||||||
2 | and not in the child's best interests. The court shall | ||||||
3 | confirm that the Department has discussed adoption, if | ||||||
4 | appropriate, and guardianship with the caregiver prior to | ||||||
5 | changing a goal to guardianship.
| ||||||
6 | (F) The minor over age 15 will be in substitute care | ||||||
7 | pending
independence. In selecting this permanency goal, | ||||||
8 | the Department of Children and Family Services may provide | ||||||
9 | services to enable reunification and to strengthen the | ||||||
10 | minor's connections with family, fictive kin, and other | ||||||
11 | responsible adults, provided the services are in the | ||||||
12 | minor's best interest. The services shall be documented in | ||||||
13 | the service plan.
| ||||||
14 | (G) The minor will be in substitute care because he or | ||||||
15 | she cannot be
provided for in a home environment due to | ||||||
16 | developmental
disabilities or mental illness or because he | ||||||
17 | or she is a danger to self or
others, provided that goals | ||||||
18 | (A) through (D) have been deemed inappropriate and not in | ||||||
19 | the child's best interests.
| ||||||
20 | In selecting any permanency goal, the court shall indicate | ||||||
21 | in writing the
reasons the goal was selected and why the | ||||||
22 | preceding goals were deemed inappropriate and not in the | ||||||
23 | child's best interest.
Where the court has selected a | ||||||
24 | permanency goal other than (A), (B), or (B-1),
the
Department | ||||||
25 | of Children and Family Services shall not provide further
| ||||||
26 | reunification services, except as provided in paragraph (F) of |
| |||||||
| |||||||
1 | this subsection (2), but shall provide services
consistent | ||||||
2 | with the goal
selected.
| ||||||
3 | (H) Notwithstanding any other provision in this | ||||||
4 | Section, the court may select the goal of continuing | ||||||
5 | foster care as a permanency goal if: | ||||||
6 | (1) The Department of Children and Family Services | ||||||
7 | has custody and guardianship of the minor; | ||||||
8 | (2) The court has deemed all other permanency | ||||||
9 | goals inappropriate based on the child's best | ||||||
10 | interest;
| ||||||
11 | (3) The court has found compelling reasons, based | ||||||
12 | on written documentation reviewed by the court, to | ||||||
13 | place the minor in continuing foster care. Compelling | ||||||
14 | reasons include:
| ||||||
15 | (a) the child does not wish to be adopted or to | ||||||
16 | be placed in the guardianship of his or her | ||||||
17 | relative or foster care placement;
| ||||||
18 | (b) the child exhibits an extreme level of | ||||||
19 | need such that the removal of the child from his or | ||||||
20 | her placement would be detrimental to the child; | ||||||
21 | or
| ||||||
22 | (c) the child who is the subject of the | ||||||
23 | permanency hearing has existing close and strong | ||||||
24 | bonds with a sibling, and achievement of another | ||||||
25 | permanency goal would substantially interfere with | ||||||
26 | the subject child's sibling relationship, taking |
| |||||||
| |||||||
1 | into consideration the nature and extent of the | ||||||
2 | relationship, and whether ongoing contact is in | ||||||
3 | the subject child's best interest, including | ||||||
4 | long-term emotional interest, as compared with the | ||||||
5 | legal and emotional benefit of permanence;
| ||||||
6 | (4) The child has lived with the relative or | ||||||
7 | foster parent for at least one year; and
| ||||||
8 | (5) The relative or foster parent currently caring | ||||||
9 | for the child is willing and capable of providing the | ||||||
10 | child with a stable and permanent environment. | ||||||
11 | The court shall set a
permanency
goal that is in the best | ||||||
12 | interest of the child. In determining that goal, the court | ||||||
13 | shall consult with the minor in an age-appropriate manner | ||||||
14 | regarding the proposed permanency or transition plan for the | ||||||
15 | minor. The court's determination
shall include the following | ||||||
16 | factors:
| ||||||
17 | (1) Age of the child.
| ||||||
18 | (2) Options available for permanence, including both | ||||||
19 | out-of-state and in-state placement options.
| ||||||
20 | (3) Current placement of the child and the intent of | ||||||
21 | the family regarding
adoption.
| ||||||
22 | (4) Emotional, physical, and mental status or | ||||||
23 | condition of the child.
| ||||||
24 | (5) Types of services previously offered and whether | ||||||
25 | or not
the services were successful and, if not | ||||||
26 | successful, the reasons the services
failed.
|
| |||||||
| |||||||
1 | (6) Availability of services currently needed and | ||||||
2 | whether the services
exist.
| ||||||
3 | (7) Status of siblings of the minor.
| ||||||
4 | The court shall consider (i) the permanency goal contained | ||||||
5 | in the service
plan, (ii) the appropriateness of the
services | ||||||
6 | contained in the plan and whether those services have been
| ||||||
7 | provided, (iii) whether reasonable efforts have been made by | ||||||
8 | all
the parties to the service plan to achieve the goal, and | ||||||
9 | (iv) whether the plan
and goal have been achieved. All | ||||||
10 | evidence
relevant to determining these questions, including | ||||||
11 | oral and written reports,
may be admitted and may be relied on | ||||||
12 | to the extent of their probative value.
| ||||||
13 | The court shall make findings as to whether, in violation | ||||||
14 | of Section 8.2 of the Abused and Neglected Child Reporting | ||||||
15 | Act, any portion of the service plan compels a child or parent | ||||||
16 | to engage in any activity or refrain from any activity that is | ||||||
17 | not reasonably related to remedying a condition or conditions | ||||||
18 | that gave rise or which could give rise to any finding of child | ||||||
19 | abuse or neglect. The services contained in the service plan | ||||||
20 | shall include services reasonably related to remedy the | ||||||
21 | conditions that gave rise to removal of the child from the home | ||||||
22 | of his or her parents, guardian, or legal custodian or that the | ||||||
23 | court has found must be remedied prior to returning the child | ||||||
24 | home. Any tasks the court requires of the parents, guardian, | ||||||
25 | or legal custodian or child prior to returning the child home, | ||||||
26 | must be reasonably related to remedying a condition or |
| |||||||
| |||||||
1 | conditions that gave rise to or which could give rise to any | ||||||
2 | finding of child abuse or neglect. | ||||||
3 | If the permanency goal is to return home, the court shall | ||||||
4 | make findings that identify any problems that are causing | ||||||
5 | continued placement of the children away from the home and | ||||||
6 | identify what outcomes would be considered a resolution to | ||||||
7 | these problems. The court shall explain to the parents that | ||||||
8 | these findings are based on the information that the court has | ||||||
9 | at that time and may be revised, should additional evidence be | ||||||
10 | presented to the court. | ||||||
11 | The court shall review the Sibling Contact Support Plan | ||||||
12 | developed or modified under subsection (f) of Section 7.4 of | ||||||
13 | the Children and Family Services Act, if applicable. If the | ||||||
14 | Department has not convened a meeting to
develop or modify a | ||||||
15 | Sibling Contact Support Plan, or if the court finds that the | ||||||
16 | existing Plan
is not in the child's best interest, the court | ||||||
17 | may enter an order requiring the Department to
develop, modify | ||||||
18 | or implement a Sibling Contact Support Plan, or order | ||||||
19 | mediation. | ||||||
20 | If the goal has been achieved, the court shall enter | ||||||
21 | orders that are
necessary to conform the minor's legal custody | ||||||
22 | and status to those findings.
| ||||||
23 | If, after receiving evidence, the court determines that | ||||||
24 | the services
contained in the plan are not reasonably | ||||||
25 | calculated to facilitate achievement
of the permanency goal, | ||||||
26 | the court shall put in writing the factual basis
supporting |
| |||||||
| |||||||
1 | the determination and enter specific findings based on the | ||||||
2 | evidence.
The court also shall enter an order for the | ||||||
3 | Department to develop and
implement a new service plan or to | ||||||
4 | implement changes to the current service
plan consistent with | ||||||
5 | the court's findings. The new service plan shall be filed
with | ||||||
6 | the court and served on all parties within 45 days of the date | ||||||
7 | of the
order. The court shall continue the matter until the new | ||||||
8 | service plan is
filed. Except as authorized by subsection | ||||||
9 | (2.5) of this Section and as otherwise specifically authorized | ||||||
10 | by law, the court is not empowered under this Section to order | ||||||
11 | specific placements, specific services, or specific service | ||||||
12 | providers to be included in the service plan.
| ||||||
13 | A guardian or custodian appointed by the court pursuant to | ||||||
14 | this Act shall
file updated case plans with the court every 6 | ||||||
15 | months.
| ||||||
16 | Rights of wards of the court under this Act are | ||||||
17 | enforceable against
any public agency by complaints for relief | ||||||
18 | by mandamus filed in any
proceedings brought under this Act.
| ||||||
19 | (2.5) If, after reviewing the evidence, including evidence | ||||||
20 | from the Department, the court determines that the minor's | ||||||
21 | current or planned placement is not necessary or appropriate | ||||||
22 | to facilitate achievement of the permanency goal, the court | ||||||
23 | shall put in writing the factual basis supporting its | ||||||
24 | determination and enter specific findings based on the | ||||||
25 | evidence. If the court finds that the minor's current or | ||||||
26 | planned placement is not necessary or appropriate, the court |
| |||||||
| |||||||
1 | may enter an order directing the Department to implement a | ||||||
2 | recommendation by the minor's treating clinician or a | ||||||
3 | clinician contracted by the Department to evaluate the minor | ||||||
4 | or a recommendation made by the Department. If the Department | ||||||
5 | places a minor in a placement under an order entered under this | ||||||
6 | subsection (2.5), the Department has the authority to remove | ||||||
7 | the minor from that placement when a change in circumstances | ||||||
8 | necessitates the removal to protect the minor's health, | ||||||
9 | safety, and best interest. If the Department determines | ||||||
10 | removal is necessary, the Department shall notify the parties | ||||||
11 | of the planned placement change in writing no later than 10 | ||||||
12 | days prior to the implementation of its determination unless | ||||||
13 | remaining in the placement poses an imminent risk of harm to | ||||||
14 | the minor, in which case the Department shall notify the | ||||||
15 | parties of the placement change in writing immediately | ||||||
16 | following the implementation of its decision. The Department | ||||||
17 | shall notify others of the decision to change the minor's | ||||||
18 | placement as required by Department rule. | ||||||
19 | (3) Following the permanency hearing, the court shall | ||||||
20 | enter a written order
that includes the determinations | ||||||
21 | required under subsection (2) of this
Section and sets forth | ||||||
22 | the following:
| ||||||
23 | (a) The future status of the minor, including the | ||||||
24 | permanency goal, and
any order necessary to conform the | ||||||
25 | minor's legal custody and status to such
determination; or
| ||||||
26 | (b) If the permanency goal of the minor cannot be |
| |||||||
| |||||||
1 | achieved immediately,
the specific reasons for continuing | ||||||
2 | the minor in the care of the Department of
Children and | ||||||
3 | Family Services or other agency for short term placement, | ||||||
4 | and the
following determinations:
| ||||||
5 | (i) (Blank).
| ||||||
6 | (ii) Whether the services required by the court
| ||||||
7 | and by any service plan prepared within the prior 6 | ||||||
8 | months
have been provided and (A) if so, whether the | ||||||
9 | services were reasonably
calculated to facilitate the | ||||||
10 | achievement of the permanency goal or (B) if not
| ||||||
11 | provided, why the services were not provided.
| ||||||
12 | (iii) Whether the minor's current or planned | ||||||
13 | placement is necessary, and appropriate to the
plan | ||||||
14 | and goal, recognizing the right of minors to the least | ||||||
15 | restrictive (most
family-like) setting available and | ||||||
16 | in close proximity to the parents' home
consistent | ||||||
17 | with the health, safety, best interest and special | ||||||
18 | needs of the
minor and, if the minor is placed | ||||||
19 | out-of-state, whether the out-of-state
placement | ||||||
20 | continues to be appropriate and consistent with the | ||||||
21 | health, safety,
and best interest of the minor.
| ||||||
22 | (iv) (Blank).
| ||||||
23 | (v) (Blank).
| ||||||
24 | (4) The minor or any person interested in the minor may | ||||||
25 | apply to the
court for a change in custody of the minor and the | ||||||
26 | appointment of a new
custodian or guardian of the person or for |
| |||||||
| |||||||
1 | the restoration of the minor
to the custody of his parents or | ||||||
2 | former guardian or custodian.
| ||||||
3 | When return home is not selected as the permanency goal:
| ||||||
4 | (a) The Department, the minor, or the current
foster | ||||||
5 | parent or relative
caregiver seeking private guardianship | ||||||
6 | may file a motion for private
guardianship of the minor. | ||||||
7 | Appointment of a guardian under this Section
requires | ||||||
8 | approval of the court.
| ||||||
9 | (b) The State's Attorney may file a motion to | ||||||
10 | terminate parental rights of
any parent who has failed to | ||||||
11 | make reasonable efforts to correct the conditions
which | ||||||
12 | led to the removal of the child or reasonable progress | ||||||
13 | toward the return
of the child, as defined in subdivision | ||||||
14 | (D)(m) of Section 1 of the Adoption Act
or for whom any | ||||||
15 | other unfitness ground for terminating parental rights as
| ||||||
16 | defined in subdivision (D) of Section 1 of the Adoption | ||||||
17 | Act exists. | ||||||
18 | When parental rights have been terminated for a | ||||||
19 | minimum of 3 years and the child who is the subject of the | ||||||
20 | permanency hearing is 13 years old or older and is not | ||||||
21 | currently placed in a placement likely to achieve | ||||||
22 | permanency, the Department of
Children and Family Services | ||||||
23 | shall make reasonable efforts to locate parents whose | ||||||
24 | rights have been terminated, except when the Court | ||||||
25 | determines that those efforts would be futile or | ||||||
26 | inconsistent with the subject child's best interests. The |
| |||||||
| |||||||
1 | Department of
Children and Family Services shall assess | ||||||
2 | the appropriateness of the parent whose rights have been | ||||||
3 | terminated, and shall, as appropriate, foster and support | ||||||
4 | connections between the parent whose rights have been | ||||||
5 | terminated and the youth. The Department of
Children and | ||||||
6 | Family Services shall document its determinations and | ||||||
7 | efforts to foster connections in the child's case plan.
| ||||||
8 | Custody of the minor shall not be restored to any parent, | ||||||
9 | guardian , or legal
custodian in any case in which the minor is | ||||||
10 | found to be neglected or abused
under Section 2-3 or dependent | ||||||
11 | under Section 2-4 of this Act, unless the
minor can be cared | ||||||
12 | for at home
without endangering his or her health or safety and | ||||||
13 | it is in the best
interest of the minor,
and if such neglect, | ||||||
14 | abuse, or dependency is found by the court
under paragraph (1) | ||||||
15 | of Section 2-21 of this Act to have come
about due to the acts | ||||||
16 | or omissions or both of such parent, guardian , or legal
| ||||||
17 | custodian, until such time as an investigation is made as | ||||||
18 | provided in
paragraph (5) and a hearing is held on the issue of | ||||||
19 | the health,
safety , and
best interest of the minor and the | ||||||
20 | fitness of such
parent, guardian , or legal custodian to care | ||||||
21 | for the minor and the court
enters an order that such parent, | ||||||
22 | guardian , or legal custodian is fit to
care for the minor. If a | ||||||
23 | motion is filed to modify or
vacate a private guardianship | ||||||
24 | order and return the child to a parent, guardian, or legal | ||||||
25 | custodian, the
court may order the Department of Children and | ||||||
26 | Family Services to assess the minor's current and
proposed |
| |||||||
| |||||||
1 | living arrangements and to provide ongoing monitoring of the | ||||||
2 | health, safety, and best interest
of the minor during the | ||||||
3 | pendency of the motion to assist the court in making that | ||||||
4 | determination. In the event that the minor has attained 18 | ||||||
5 | years
of age and the guardian or custodian petitions the court | ||||||
6 | for an order
terminating his guardianship or custody, | ||||||
7 | guardianship or custody shall
terminate automatically 30 days | ||||||
8 | after the receipt of the petition unless
the court orders | ||||||
9 | otherwise. No legal custodian or guardian of the
person may be | ||||||
10 | removed without his consent until given notice and an
| ||||||
11 | opportunity to be heard by the court.
| ||||||
12 | When the court orders a child restored to the custody of | ||||||
13 | the parent or
parents, the court shall order the parent or | ||||||
14 | parents to cooperate with the
Department of Children and | ||||||
15 | Family Services and comply with the terms of an
after-care | ||||||
16 | plan, or risk the loss of custody of the child and possible
| ||||||
17 | termination of their parental rights. The court may also enter | ||||||
18 | an order of
protective supervision in accordance with Section | ||||||
19 | 2-24.
| ||||||
20 | If the minor is being restored to the custody of a parent, | ||||||
21 | legal custodian, or guardian who lives
outside of Illinois, | ||||||
22 | and an Interstate Compact has been requested and refused, the | ||||||
23 | court may order the
Department of Children and Family Services | ||||||
24 | to arrange for an assessment of the minor's
proposed living | ||||||
25 | arrangement and for ongoing monitoring of the health, safety, | ||||||
26 | and best
interest of the minor and compliance with any order of |
| |||||||
| |||||||
1 | protective supervision entered in
accordance with Section | ||||||
2 | 2-24. | ||||||
3 | (5) Whenever a parent, guardian, or legal custodian files | ||||||
4 | a motion for
restoration of custody of the minor, and the minor | ||||||
5 | was adjudicated
neglected, abused, or dependent as a result of | ||||||
6 | physical abuse,
the court shall cause to be
made an | ||||||
7 | investigation as to whether the movant has ever been charged
| ||||||
8 | with or convicted of any criminal offense which would indicate | ||||||
9 | the
likelihood of any further physical abuse to the minor. | ||||||
10 | Evidence of such
criminal convictions shall be taken into | ||||||
11 | account in determining whether the
minor can be cared for at | ||||||
12 | home without endangering his or her health or safety
and | ||||||
13 | fitness of the parent, guardian, or legal custodian.
| ||||||
14 | (a) Any agency of this State or any subdivision | ||||||
15 | thereof shall cooperate
co-operate with the agent of the | ||||||
16 | court in providing any information
sought in the | ||||||
17 | investigation.
| ||||||
18 | (b) The information derived from the investigation and | ||||||
19 | any
conclusions or recommendations derived from the | ||||||
20 | information shall be
provided to the parent, guardian, or | ||||||
21 | legal custodian seeking restoration
of custody prior to | ||||||
22 | the hearing on fitness and the movant shall have
an | ||||||
23 | opportunity at the hearing to refute the information or | ||||||
24 | contest its
significance.
| ||||||
25 | (c) All information obtained from any investigation | ||||||
26 | shall be confidential
as provided in Section 5-150 of this |
| |||||||
| |||||||
1 | Act.
| ||||||
2 | (Source: P.A. 101-63, eff. 10-1-19; 102-193, eff. 7-30-21; | ||||||
3 | 102-489, eff. 8-20-21; revised 10-14-21.)
| ||||||
4 | (705 ILCS 405/5-501)
| ||||||
5 | (Text of Section before amendment by P.A. 102-654 )
| ||||||
6 | Sec. 5-501. Detention or shelter care hearing. At the | ||||||
7 | appearance of the minor before the court at the detention or | ||||||
8 | shelter
care hearing,
the court shall receive all relevant | ||||||
9 | information and evidence, including
affidavits concerning the | ||||||
10 | allegations made in the petition. Evidence used by
the court | ||||||
11 | in its findings or stated in or offered in connection with this
| ||||||
12 | Section may be by way of proffer based on reliable information | ||||||
13 | offered by the
State or minor. All evidence shall be | ||||||
14 | admissible if it is relevant and
reliable regardless of | ||||||
15 | whether it would be admissible under the rules of
evidence | ||||||
16 | applicable at a trial. No hearing may be held unless the minor | ||||||
17 | is
represented by counsel and no hearing shall be held until | ||||||
18 | the minor has had adequate opportunity to consult with | ||||||
19 | counsel.
| ||||||
20 | (1) If the court finds that there is not probable cause to | ||||||
21 | believe that the
minor is a delinquent minor , it shall release | ||||||
22 | the minor and dismiss the
petition.
| ||||||
23 | (2) If the court finds that there is probable cause to | ||||||
24 | believe that the
minor is a
delinquent minor, the minor, his or | ||||||
25 | her parent, guardian, custodian and other
persons able to give |
| |||||||
| |||||||
1 | relevant testimony may be examined before the court. The
court | ||||||
2 | may also consider any evidence by way of proffer based upon | ||||||
3 | reliable
information offered by the State or the minor. All | ||||||
4 | evidence, including
affidavits, shall be admissible if it is | ||||||
5 | relevant and reliable regardless of
whether it would be | ||||||
6 | admissible under the rules of evidence applicable at trial.
| ||||||
7 | After such evidence is presented, the court may enter an order | ||||||
8 | that the minor
shall be released upon the request of a parent, | ||||||
9 | guardian or legal custodian if
the parent, guardian or | ||||||
10 | custodian appears to take custody.
| ||||||
11 | If the court finds that it is a matter of immediate and | ||||||
12 | urgent necessity for
the protection of the minor or of the | ||||||
13 | person or property of another that the
minor be detained or | ||||||
14 | placed in a
shelter care facility or that he or she is likely | ||||||
15 | to flee the jurisdiction of
the court, the court may prescribe | ||||||
16 | detention or shelter care and order that the
minor be kept in a | ||||||
17 | suitable place designated by the court or in a shelter care
| ||||||
18 | facility designated by the Department of Children and Family | ||||||
19 | Services or a
licensed child welfare agency; otherwise it | ||||||
20 | shall release the minor from
custody. If the court prescribes | ||||||
21 | shelter care, then in placing the minor, the
Department or | ||||||
22 | other agency shall, to the extent compatible with the court's
| ||||||
23 | order, comply with Section 7 of the Children and Family | ||||||
24 | Services Act. In
making the determination of the existence of | ||||||
25 | immediate and urgent necessity,
the court shall consider among | ||||||
26 | other matters: (a) the nature and seriousness of
the alleged |
| |||||||
| |||||||
1 | offense; (b) the minor's record of delinquency offenses,
| ||||||
2 | including whether the minor has delinquency cases pending; (c) | ||||||
3 | the minor's
record of willful failure to appear following the | ||||||
4 | issuance of a summons or
warrant; (d) the availability of | ||||||
5 | non-custodial alternatives, including the
presence of a | ||||||
6 | parent, guardian or other responsible relative able and | ||||||
7 | willing
to provide supervision and care for the minor and to | ||||||
8 | assure his or her
compliance with a summons. If the minor is | ||||||
9 | ordered placed in a shelter care
facility of a licensed child | ||||||
10 | welfare agency, the court shall, upon request of
the agency, | ||||||
11 | appoint the appropriate agency executive temporary custodian | ||||||
12 | of the
minor and the court may enter such other orders related | ||||||
13 | to the temporary
custody of the minor as it deems fit and | ||||||
14 | proper.
| ||||||
15 | The order together with the court's findings of fact in | ||||||
16 | support of the order
shall
be entered
of record in the court.
| ||||||
17 | Once the court finds that it is a matter of immediate and | ||||||
18 | urgent necessity
for the protection of the minor that the | ||||||
19 | minor be placed in a shelter care
facility, the minor shall not | ||||||
20 | be returned to the parent, custodian or guardian
until the | ||||||
21 | court finds that the placement is no longer necessary for the
| ||||||
22 | protection of the minor.
| ||||||
23 | (3) Only when there is reasonable cause to believe that | ||||||
24 | the minor taken
into custody is a delinquent minor may the | ||||||
25 | minor be kept or detained in a
facility authorized for | ||||||
26 | juvenile detention. This Section shall in no way be
construed |
| |||||||
| |||||||
1 | to limit
subsection (4).
| ||||||
2 | (4) (a) Minors 12 years of age or older must be kept | ||||||
3 | separate from confined
adults and may not at any time be kept | ||||||
4 | in the same cell, room or yard with
confined adults. This | ||||||
5 | paragraph (4) : (a) shall only apply to confinement pending an | ||||||
6 | adjudicatory hearing
and
shall not exceed 40 hours, excluding | ||||||
7 | Saturdays, Sundays, and court designated
holidays. To accept | ||||||
8 | or hold minors during this time period, county jails shall
| ||||||
9 | comply with all monitoring standards adopted
by the Department | ||||||
10 | of Corrections and training standards approved by the
Illinois | ||||||
11 | Law Enforcement Training Standards Board.
| ||||||
12 | (b) To accept or hold minors, 12 years of age or older, | ||||||
13 | after the time
period prescribed in clause (a) of subsection | ||||||
14 | (4) of this Section but not
exceeding 7
days including | ||||||
15 | Saturdays, Sundays, and holidays, pending an adjudicatory
| ||||||
16 | hearing, county jails shall comply with all temporary | ||||||
17 | detention standards adopted
by
the Department of Corrections | ||||||
18 | and training standards approved by the Illinois
Law | ||||||
19 | Enforcement Training Standards Board.
| ||||||
20 | (c) To accept or hold minors 12 years of age or older, | ||||||
21 | after the time
period prescribed in clause (a) and (b) , of this | ||||||
22 | subsection , county jails shall
comply with all county juvenile | ||||||
23 | detention standards adopted by the Department of Juvenile | ||||||
24 | Justice.
| ||||||
25 | (5) If the minor is not brought before a judicial officer | ||||||
26 | within the time
period as specified in Section 5-415 , the |
| |||||||
| |||||||
1 | minor must immediately be released
from
custody.
| ||||||
2 | (6) If neither the parent, guardian , or legal custodian | ||||||
3 | appears within 24
hours to take custody of a minor released | ||||||
4 | from detention or shelter care, then
the clerk of the court | ||||||
5 | shall set the matter for rehearing not later than 7 days
after | ||||||
6 | the original order and shall issue a summons directed to the | ||||||
7 | parent,
guardian , or legal custodian to appear. At the same | ||||||
8 | time the probation
department shall prepare a report on the | ||||||
9 | minor. If a parent, guardian , or legal
custodian does not | ||||||
10 | appear at such rehearing, the judge may enter an order
| ||||||
11 | prescribing that the minor be kept in a suitable place | ||||||
12 | designated by the
Department of Human Services or a licensed | ||||||
13 | child welfare agency.
The time during which a minor is in | ||||||
14 | custody after being released upon the
request of a parent, | ||||||
15 | guardian , or legal custodian shall be considered as time
spent | ||||||
16 | in detention for purposes of scheduling the trial.
| ||||||
17 | (7) Any party, including the State, the temporary | ||||||
18 | custodian, an agency
providing services to the minor or family | ||||||
19 | under a service plan pursuant to
Section 8.2 of the Abused and | ||||||
20 | Neglected Child Reporting Act, foster parent, or
any of their | ||||||
21 | representatives, may file a
motion to modify or vacate a | ||||||
22 | temporary custody order or vacate a detention or
shelter care | ||||||
23 | order on any of the following grounds:
| ||||||
24 | (a) It is no longer a matter of immediate and urgent | ||||||
25 | necessity that the
minor remain in detention or shelter | ||||||
26 | care; or
|
| |||||||
| |||||||
1 | (b) There is a material change in the circumstances of | ||||||
2 | the natural family
from which the minor was removed; or
| ||||||
3 | (c) A person, including a parent, relative , or legal | ||||||
4 | guardian, is capable
of assuming temporary custody of the | ||||||
5 | minor; or
| ||||||
6 | (d) Services provided by the Department of Children | ||||||
7 | and Family Services
or a
child welfare agency or other | ||||||
8 | service provider have been successful in
eliminating the | ||||||
9 | need for temporary custody.
| ||||||
10 | The clerk shall set the matter for hearing not later than | ||||||
11 | 14 days after such
motion is filed. In the event that the court | ||||||
12 | modifies or vacates a temporary
order but does not vacate its | ||||||
13 | finding of probable cause, the court may order
that | ||||||
14 | appropriate services be continued or initiated on in behalf of | ||||||
15 | the minor and
his or her family.
| ||||||
16 | (8) Whenever a petition has been filed under Section | ||||||
17 | 5-520 , the court can,
at
any time prior to trial or sentencing, | ||||||
18 | order that the minor be placed in
detention or a shelter care | ||||||
19 | facility after the court conducts a hearing and
finds that the | ||||||
20 | conduct and behavior of the minor may endanger the health,
| ||||||
21 | person, welfare, or property of himself or others or that the | ||||||
22 | circumstances
of his or her home environment may endanger his | ||||||
23 | or her health, person, welfare ,
or property.
| ||||||
24 | (Source: P.A. 98-685, eff. 1-1-15 .)
| ||||||
25 | (Text of Section after amendment by P.A. 102-654 )
|
| |||||||
| |||||||
1 | Sec. 5-501. Detention or shelter care hearing. At the | ||||||
2 | appearance of the minor before the court at the detention or | ||||||
3 | shelter
care hearing,
the court shall receive all relevant | ||||||
4 | information and evidence, including
affidavits concerning the | ||||||
5 | allegations made in the petition. Evidence used by
the court | ||||||
6 | in its findings or stated in or offered in connection with this
| ||||||
7 | Section may be by way of proffer based on reliable information | ||||||
8 | offered by the
State or minor. All evidence shall be | ||||||
9 | admissible if it is relevant and
reliable regardless of | ||||||
10 | whether it would be admissible under the rules of
evidence | ||||||
11 | applicable at a trial. No hearing may be held unless the minor | ||||||
12 | is
represented by counsel and no hearing shall be held until | ||||||
13 | the minor has had adequate opportunity to consult with | ||||||
14 | counsel.
| ||||||
15 | (1) If the court finds that there is not probable cause to | ||||||
16 | believe that the
minor is a delinquent minor , it shall release | ||||||
17 | the minor and dismiss the
petition.
| ||||||
18 | (2) If the court finds that there is probable cause to | ||||||
19 | believe that the
minor is a
delinquent minor, the minor, his or | ||||||
20 | her parent, guardian, custodian and other
persons able to give | ||||||
21 | relevant testimony may be examined before the court. The
court | ||||||
22 | may also consider any evidence by way of proffer based upon | ||||||
23 | reliable
information offered by the State or the minor. All | ||||||
24 | evidence, including
affidavits, shall be admissible if it is | ||||||
25 | relevant and reliable regardless of
whether it would be | ||||||
26 | admissible under the rules of evidence applicable at trial.
|
| |||||||
| |||||||
1 | After such evidence is presented, the court may enter an order | ||||||
2 | that the minor
shall be released upon the request of a parent, | ||||||
3 | guardian or legal custodian if
the parent, guardian or | ||||||
4 | custodian appears to take custody.
| ||||||
5 | If the court finds that it is a matter of immediate and | ||||||
6 | urgent necessity for
the protection of the minor or of the | ||||||
7 | person or property of another that the
minor be detained or | ||||||
8 | placed in a
shelter care facility or that he or she is likely | ||||||
9 | to flee the jurisdiction of
the court, the court may prescribe | ||||||
10 | detention or shelter care and order that the
minor be kept in a | ||||||
11 | suitable place designated by the court or in a shelter care
| ||||||
12 | facility designated by the Department of Children and Family | ||||||
13 | Services or a
licensed child welfare agency; otherwise it | ||||||
14 | shall release the minor from
custody. If the court prescribes | ||||||
15 | shelter care, then in placing the minor, the
Department or | ||||||
16 | other agency shall, to the extent compatible with the court's
| ||||||
17 | order, comply with Section 7 of the Children and Family | ||||||
18 | Services Act. In
making the determination of the existence of | ||||||
19 | immediate and urgent necessity,
the court shall consider among | ||||||
20 | other matters: (a) the nature and seriousness of
the alleged | ||||||
21 | offense; (b) the minor's record of delinquency offenses,
| ||||||
22 | including whether the minor has delinquency cases pending; (c) | ||||||
23 | the minor's
record of willful failure to appear following the | ||||||
24 | issuance of a summons or
warrant; (d) the availability of | ||||||
25 | non-custodial alternatives, including the
presence of a | ||||||
26 | parent, guardian or other responsible relative able and |
| |||||||
| |||||||
1 | willing
to provide supervision and care for the minor and to | ||||||
2 | assure his or her
compliance with a summons. If the minor is | ||||||
3 | ordered placed in a shelter care
facility of a licensed child | ||||||
4 | welfare agency, the court shall, upon request of
the agency, | ||||||
5 | appoint the appropriate agency executive temporary custodian | ||||||
6 | of the
minor and the court may enter such other orders related | ||||||
7 | to the temporary
custody of the minor as it deems fit and | ||||||
8 | proper.
| ||||||
9 | If the court Court prescribes detention, and the minor is | ||||||
10 | a youth in care of the Department of Children and Family | ||||||
11 | Services, a hearing shall be held every 14 days to determine | ||||||
12 | whether there is an urgent and immediate necessity to detain | ||||||
13 | the minor for the protection of the person or property of | ||||||
14 | another. If urgent and immediate necessity is not found on the | ||||||
15 | basis of the protection of the person or property of another, | ||||||
16 | the minor shall be released to the custody of the Department of | ||||||
17 | Children and Family Services. If the court Court prescribes | ||||||
18 | detention based on the minor being likely to flee the | ||||||
19 | jurisdiction, and the minor is a youth in care of the | ||||||
20 | Department of Children and Family Services, a hearing shall be | ||||||
21 | held every 7 days for status on the location of shelter care | ||||||
22 | placement by the Department of Children and Family Services. | ||||||
23 | Detention shall not be used as a shelter care placement for | ||||||
24 | minors in the custody or guardianship of the Department of | ||||||
25 | Children and Family Services. | ||||||
26 | The order together with the court's findings of fact in |
| |||||||
| |||||||
1 | support of the order
shall
be entered
of record in the court.
| ||||||
2 | Once the court finds that it is a matter of immediate and | ||||||
3 | urgent necessity
for the protection of the minor that the | ||||||
4 | minor be placed in a shelter care
facility, the minor shall not | ||||||
5 | be returned to the parent, custodian or guardian
until the | ||||||
6 | court finds that the placement is no longer necessary for the
| ||||||
7 | protection of the minor.
| ||||||
8 | (3) Only when there is reasonable cause to believe that | ||||||
9 | the minor taken
into custody is a delinquent minor may the | ||||||
10 | minor be kept or detained in a
facility authorized for | ||||||
11 | juvenile detention. This Section shall in no way be
construed | ||||||
12 | to limit
subsection (4).
| ||||||
13 | (4) (a) Minors 12 years of age or older must be kept | ||||||
14 | separate from confined
adults and may not at any time be kept | ||||||
15 | in the same cell, room or yard with
confined adults. This | ||||||
16 | paragraph (4) : (a) shall only apply to confinement pending an | ||||||
17 | adjudicatory hearing
and
shall not exceed 40 hours, excluding | ||||||
18 | Saturdays, Sundays, and court designated
holidays. To accept | ||||||
19 | or hold minors during this time period, county jails shall
| ||||||
20 | comply with all monitoring standards adopted
by the Department | ||||||
21 | of Corrections and training standards approved by the
Illinois | ||||||
22 | Law Enforcement Training Standards Board.
| ||||||
23 | (b) To accept or hold minors, 12 years of age or older, | ||||||
24 | after the time
period prescribed in clause (a) of subsection | ||||||
25 | (4) of this Section but not
exceeding 7
days including | ||||||
26 | Saturdays, Sundays, and holidays, pending an adjudicatory
|
| |||||||
| |||||||
1 | hearing, county jails shall comply with all temporary | ||||||
2 | detention standards adopted
by
the Department of Corrections | ||||||
3 | and training standards approved by the Illinois
Law | ||||||
4 | Enforcement Training Standards Board.
| ||||||
5 | (c) To accept or hold minors 12 years of age or older , | ||||||
6 | after the time
period prescribed in clause (a) and (b) , of this | ||||||
7 | subsection , county jails shall
comply with all county juvenile | ||||||
8 | detention standards adopted by the Department of Juvenile | ||||||
9 | Justice.
| ||||||
10 | (5) If the minor is not brought before a judicial officer | ||||||
11 | within the time
period as specified in Section 5-415 , the | ||||||
12 | minor must immediately be released
from
custody.
| ||||||
13 | (6) If neither the parent, guardian , or legal custodian | ||||||
14 | appears within 24
hours to take custody of a minor released | ||||||
15 | from detention or shelter care, then
the clerk of the court | ||||||
16 | shall set the matter for rehearing not later than 7 days
after | ||||||
17 | the original order and shall issue a summons directed to the | ||||||
18 | parent,
guardian , or legal custodian to appear. At the same | ||||||
19 | time the probation
department shall prepare a report on the | ||||||
20 | minor. If a parent, guardian , or legal
custodian does not | ||||||
21 | appear at such rehearing, the judge may enter an order
| ||||||
22 | prescribing that the minor be kept in a suitable place | ||||||
23 | designated by the
Department of Human Services or a licensed | ||||||
24 | child welfare agency.
The time during which a minor is in | ||||||
25 | custody after being released upon the
request of a parent, | ||||||
26 | guardian , or legal custodian shall be considered as time
spent |
| |||||||
| |||||||
1 | in detention for purposes of scheduling the trial.
| ||||||
2 | (7) Any party, including the State, the temporary | ||||||
3 | custodian, an agency
providing services to the minor or family | ||||||
4 | under a service plan pursuant to
Section 8.2 of the Abused and | ||||||
5 | Neglected Child Reporting Act, foster parent, or
any of their | ||||||
6 | representatives, may file a
motion to modify or vacate a | ||||||
7 | temporary custody order or vacate a detention or
shelter care | ||||||
8 | order on any of the following grounds:
| ||||||
9 | (a) It is no longer a matter of immediate and urgent | ||||||
10 | necessity that the
minor remain in detention or shelter | ||||||
11 | care; or
| ||||||
12 | (b) There is a material change in the circumstances of | ||||||
13 | the natural family
from which the minor was removed; or
| ||||||
14 | (c) A person, including a parent, relative , or legal | ||||||
15 | guardian, is capable
of assuming temporary custody of the | ||||||
16 | minor; or
| ||||||
17 | (d) Services provided by the Department of Children | ||||||
18 | and Family Services
or a
child welfare agency or other | ||||||
19 | service provider have been successful in
eliminating the | ||||||
20 | need for temporary custody.
| ||||||
21 | The clerk shall set the matter for hearing not later than | ||||||
22 | 14 days after such
motion is filed. In the event that the court | ||||||
23 | modifies or vacates a temporary
order but does not vacate its | ||||||
24 | finding of probable cause, the court may order
that | ||||||
25 | appropriate services be continued or initiated on in behalf of | ||||||
26 | the minor and
his or her family.
|
| |||||||
| |||||||
1 | (8) Whenever a petition has been filed under Section | ||||||
2 | 5-520 , the court can,
at
any time prior to trial or sentencing, | ||||||
3 | order that the minor be placed in
detention or a shelter care | ||||||
4 | facility after the court conducts a hearing and
finds that the | ||||||
5 | conduct and behavior of the minor may endanger the health,
| ||||||
6 | person, welfare, or property of himself or others or that the | ||||||
7 | circumstances
of his or her home environment may endanger his | ||||||
8 | or her health, person, welfare ,
or property.
| ||||||
9 | (Source: P.A. 102-654, eff. 1-1-23; revised 11-24-21.)
| ||||||
10 | (705 ILCS 405/5-901)
| ||||||
11 | Sec. 5-901. Court file.
| ||||||
12 | (1) The Court file with respect to proceedings under this
| ||||||
13 | Article shall consist of the petitions, pleadings, victim | ||||||
14 | impact statements,
process,
service of process, orders, writs | ||||||
15 | and docket entries reflecting hearings held
and judgments and | ||||||
16 | decrees entered by the court. The court file shall be
kept | ||||||
17 | separate from other records of the court.
| ||||||
18 | (a) The file, including information identifying the | ||||||
19 | victim or alleged
victim of any sex
offense, shall be | ||||||
20 | disclosed only to the following parties when necessary for
| ||||||
21 | discharge of their official duties:
| ||||||
22 | (i) A judge of the circuit court and members of the | ||||||
23 | staff of the court
designated by the judge;
| ||||||
24 | (ii) Parties to the proceedings and their | ||||||
25 | attorneys;
|
| |||||||
| |||||||
1 | (iii) Victims and their attorneys, except in cases | ||||||
2 | of multiple victims
of
sex offenses in which case the | ||||||
3 | information identifying the nonrequesting
victims | ||||||
4 | shall be redacted;
| ||||||
5 | (iv) Probation officers, law enforcement officers | ||||||
6 | or prosecutors or
their
staff;
| ||||||
7 | (v) Adult and juvenile Prisoner Review Boards.
| ||||||
8 | (b) The Court file redacted to remove any information | ||||||
9 | identifying the
victim or alleged victim of any sex | ||||||
10 | offense shall be disclosed only to the
following parties | ||||||
11 | when necessary for discharge of their official duties:
| ||||||
12 | (i) Authorized military personnel;
| ||||||
13 | (ii) Persons engaged in bona fide research, with | ||||||
14 | the permission of the
judge of the juvenile court and | ||||||
15 | the chief executive of the agency that prepared
the
| ||||||
16 | particular recording: provided that publication of | ||||||
17 | such research results in no
disclosure of a minor's | ||||||
18 | identity and protects the confidentiality of the
| ||||||
19 | record;
| ||||||
20 | (iii) The Secretary of State to whom the Clerk of | ||||||
21 | the Court shall report
the disposition of all cases, | ||||||
22 | as required in Section 6-204 or Section 6-205.1
of the | ||||||
23 | Illinois
Vehicle Code. However, information reported | ||||||
24 | relative to these offenses shall
be privileged and | ||||||
25 | available only to the Secretary of State, courts, and | ||||||
26 | police
officers;
|
| |||||||
| |||||||
1 | (iv) The administrator of a bonafide substance | ||||||
2 | abuse student
assistance program with the permission | ||||||
3 | of the presiding judge of the
juvenile court;
| ||||||
4 | (v) Any individual, or any public or private | ||||||
5 | agency or institution,
having
custody of the juvenile | ||||||
6 | under court order or providing educational, medical or
| ||||||
7 | mental health services to the juvenile or a | ||||||
8 | court-approved advocate for the
juvenile or any | ||||||
9 | placement provider or potential placement provider as
| ||||||
10 | determined by the court.
| ||||||
11 | (2) (Reserved). | ||||||
12 | (3) A minor who is the victim or alleged victim in a | ||||||
13 | juvenile proceeding
shall be
provided the same confidentiality | ||||||
14 | regarding disclosure of identity as the
minor who is the | ||||||
15 | subject of record.
Information identifying victims and alleged | ||||||
16 | victims of sex offenses,
shall not be disclosed or open to | ||||||
17 | public inspection under any circumstances.
Nothing in this | ||||||
18 | Section shall prohibit the victim or alleged victim of any sex
| ||||||
19 | offense from voluntarily disclosing his or her identity.
| ||||||
20 | (4) Relevant information, reports and records shall be | ||||||
21 | made available to the
Department of
Juvenile Justice when a | ||||||
22 | juvenile offender has been placed in the custody of the
| ||||||
23 | Department of Juvenile Justice.
| ||||||
24 | (4.5) Relevant information, reports and records, held by | ||||||
25 | the Department of Juvenile Justice, including social | ||||||
26 | investigation, psychological and medical records, of any |
| |||||||
| |||||||
1 | juvenile offender, shall be made available to any county | ||||||
2 | juvenile detention facility upon written request by the | ||||||
3 | Superintendent or Director of that juvenile detention | ||||||
4 | facility, to the Chief Records Officer of the Department of | ||||||
5 | Juvenile Justice where the subject youth is or was in the | ||||||
6 | custody of the Department of Juvenile Justice and is | ||||||
7 | subsequently ordered to be held in a county juvenile detention | ||||||
8 | facility. | ||||||
9 | (5) Except as otherwise provided in this subsection (5), | ||||||
10 | juvenile court
records shall not be made available to the | ||||||
11 | general public
but may be inspected by representatives of | ||||||
12 | agencies, associations and news
media or other properly | ||||||
13 | interested persons by general or special order of
the court. | ||||||
14 | The State's Attorney, the minor, his or her parents, guardian | ||||||
15 | and
counsel
shall at all times have the right to examine court | ||||||
16 | files and records.
| ||||||
17 | (a) The
court shall allow the general public to have | ||||||
18 | access to the name, address, and
offense of a minor
who is | ||||||
19 | adjudicated a delinquent minor under this Act under either | ||||||
20 | of the
following circumstances:
| ||||||
21 | (i) The
adjudication of
delinquency was based upon | ||||||
22 | the
minor's
commission of first degree murder, attempt | ||||||
23 | to commit first degree
murder, aggravated criminal | ||||||
24 | sexual assault, or criminal sexual assault; or
| ||||||
25 | (ii) The court has made a finding that the minor | ||||||
26 | was at least 13 years
of
age
at the time the act was |
| |||||||
| |||||||
1 | committed and the adjudication of delinquency was | ||||||
2 | based
upon the minor's commission of: (A)
an act in | ||||||
3 | furtherance of the commission of a felony as a member | ||||||
4 | of or on
behalf of a criminal street
gang, (B) an act | ||||||
5 | involving the use of a firearm in the commission of a
| ||||||
6 | felony, (C) an act that would be a Class X felony | ||||||
7 | offense
under or
the minor's second or subsequent
| ||||||
8 | Class 2 or greater felony offense under the Cannabis | ||||||
9 | Control Act if committed
by an adult,
(D) an act that | ||||||
10 | would be a second or subsequent offense under Section | ||||||
11 | 402 of
the Illinois Controlled Substances Act if | ||||||
12 | committed by an adult, (E) an act
that would be an | ||||||
13 | offense under Section 401 of the Illinois Controlled
| ||||||
14 | Substances Act if committed by an adult, or (F) an act | ||||||
15 | that would be an offense under the Methamphetamine | ||||||
16 | Control and Community Protection Act if committed by | ||||||
17 | an adult.
| ||||||
18 | (b) The court
shall allow the general public to have | ||||||
19 | access to the name, address, and offense
of a minor who is | ||||||
20 | at least 13 years of age at
the time the offense
is | ||||||
21 | committed and who is convicted, in criminal proceedings
| ||||||
22 | permitted or required under Section 5-805, under either of
| ||||||
23 | the following
circumstances:
| ||||||
24 | (i) The minor has been convicted of first degree | ||||||
25 | murder, attempt
to commit first degree
murder, | ||||||
26 | aggravated criminal sexual
assault, or criminal sexual |
| |||||||
| |||||||
1 | assault,
| ||||||
2 | (ii) The court has made a finding that the minor | ||||||
3 | was at least 13 years
of age
at the time the offense | ||||||
4 | was committed and the conviction was based upon the
| ||||||
5 | minor's commission of: (A)
an offense in
furtherance | ||||||
6 | of the commission of a felony as a member of or on | ||||||
7 | behalf of a
criminal street gang, (B) an offense
| ||||||
8 | involving the use of a firearm in the commission of a | ||||||
9 | felony, (C)
a Class X felony offense under the | ||||||
10 | Cannabis Control Act or a second or
subsequent Class 2 | ||||||
11 | or
greater felony offense under the Cannabis Control | ||||||
12 | Act, (D) a
second or subsequent offense under Section | ||||||
13 | 402 of the Illinois
Controlled Substances Act, (E) an | ||||||
14 | offense under Section 401 of the Illinois
Controlled | ||||||
15 | Substances Act, or (F) an offense under the | ||||||
16 | Methamphetamine Control and Community Protection Act.
| ||||||
17 | (6) Nothing in this Section shall be construed to limit | ||||||
18 | the use of an
adjudication of delinquency as
evidence in any | ||||||
19 | juvenile or criminal proceeding, where it would otherwise be
| ||||||
20 | admissible under the rules of evidence, including , but not | ||||||
21 | limited to, use as
impeachment evidence against any witness, | ||||||
22 | including the minor if he or she
testifies.
| ||||||
23 | (7) Nothing in this Section shall affect the right of a | ||||||
24 | Civil Service
Commission or appointing authority examining the | ||||||
25 | character and fitness of
an applicant for a position as a law | ||||||
26 | enforcement officer to ascertain
whether that applicant was |
| |||||||
| |||||||
1 | ever adjudicated to be a delinquent minor and,
if so, to | ||||||
2 | examine the records or evidence which were made in
proceedings | ||||||
3 | under this Act.
| ||||||
4 | (8) Following any adjudication of delinquency for a crime | ||||||
5 | which would be
a felony if committed by an adult, or following | ||||||
6 | any adjudication of delinquency
for a violation of Section | ||||||
7 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
8 | Criminal Code of 2012, the State's Attorney shall ascertain
| ||||||
9 | whether the minor respondent is enrolled in school and, if so, | ||||||
10 | shall provide
a copy of the sentencing order to the principal | ||||||
11 | or chief administrative
officer of the school. Access to such | ||||||
12 | juvenile records shall be limited
to the principal or chief | ||||||
13 | administrative officer of the school and any school
counselor | ||||||
14 | designated by him or her.
| ||||||
15 | (9) Nothing contained in this Act prevents the sharing or
| ||||||
16 | disclosure of information or records relating or pertaining to | ||||||
17 | juveniles
subject to the provisions of the Serious Habitual | ||||||
18 | Offender Comprehensive
Action Program when that information is | ||||||
19 | used to assist in the early
identification and treatment of | ||||||
20 | habitual juvenile offenders.
| ||||||
21 | (10) (Reserved). | ||||||
22 | (11) The Clerk of the Circuit Court shall report to the | ||||||
23 | Illinois
State
Police, in the form and manner required by the | ||||||
24 | Illinois State Police, the
final disposition of each minor who | ||||||
25 | has been arrested or taken into custody
before his or her 18th | ||||||
26 | birthday for those offenses required to be reported
under |
| |||||||
| |||||||
1 | Section 5 of the Criminal Identification Act. Information | ||||||
2 | reported to
the Illinois
State
Police Department under this | ||||||
3 | Section may be maintained with records that the Illinois
State
| ||||||
4 | Police
Department files under Section 2.1 of the Criminal | ||||||
5 | Identification Act.
| ||||||
6 | (12) Information or records may be disclosed to the | ||||||
7 | general public when the
court is conducting hearings under | ||||||
8 | Section 5-805 or 5-810.
| ||||||
9 | (13) The changes made to this Section by Public Act 98-61 | ||||||
10 | apply to juvenile court records of a minor who has been | ||||||
11 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
12 | effective date of Public Act 98-61). | ||||||
13 | (Source: P.A. 102-197, eff. 7-30-21; 102-320, eff. 8-6-21; | ||||||
14 | 102-538, eff. 8-20-21; revised 10-12-21.)
| ||||||
15 | Section 600. The Court of Claims Act is amended by | ||||||
16 | changing Section 22 as follows: | ||||||
17 | (705 ILCS 505/22) (from Ch. 37, par. 439.22)
| ||||||
18 | Sec. 22. Every claim cognizable by the court and not | ||||||
19 | otherwise sooner
barred by law shall be forever barred from | ||||||
20 | prosecution therein unless it
is filed with the clerk of the | ||||||
21 | court within the time set forth as follows:
| ||||||
22 | (a) All claims arising out of a contract must be filed | ||||||
23 | within 5
years after it first accrues, saving to minors, | ||||||
24 | and persons under legal
disability at the time the claim |
| |||||||
| |||||||
1 | accrues, in which cases the claim must be
filed within 5 | ||||||
2 | years from the time the disability ceases.
| ||||||
3 | (b) All claims cognizable against the State by vendors | ||||||
4 | of goods or services
under the Illinois Public Aid Code
| ||||||
5 | must be filed file within one year after the accrual of the | ||||||
6 | cause of action, as provided
in Section 11-13 of that | ||||||
7 | Code.
| ||||||
8 | (c) All claims arising under paragraph (c) of Section | ||||||
9 | 8 of this Act
must
be automatically heard by the court
| ||||||
10 | within 120
days
after the person
asserting such
claim is | ||||||
11 | either issued a certificate of innocence from the circuit | ||||||
12 | court as provided in Section 2-702 of the Code of Civil | ||||||
13 | Procedure, or is granted a pardon by the Governor, | ||||||
14 | whichever occurs later,
without the person asserting the | ||||||
15 | claim being required to file a petition under Section 11 | ||||||
16 | of this Act, except as otherwise provided by the Crime | ||||||
17 | Victims Compensation Act.
Any claims filed by the claimant | ||||||
18 | under paragraph (c) of Section 8 of this Act must be filed | ||||||
19 | within 2 years after the person asserting such claim is | ||||||
20 | either issued a certificate of innocence as provided in | ||||||
21 | Section 2-702 of the Code of Civil Procedure, or is | ||||||
22 | granted a pardon by the Governor, whichever occurs later.
| ||||||
23 | (d) All claims arising under paragraph (f) of Section | ||||||
24 | 8 of this Act must
be filed within the time set forth in | ||||||
25 | Section 3 of the Line of Duty Compensation Act.
| ||||||
26 | (e) All claims arising under paragraph (h) of Section |
| |||||||
| |||||||
1 | 8 of this Act must
be filed within one year of the date of | ||||||
2 | the death of the guardsman or
militiaman as provided in | ||||||
3 | Section 3 of the Illinois National Guardsman's
| ||||||
4 | Compensation Act.
| ||||||
5 | (f) All claims arising under paragraph (g) of Section | ||||||
6 | 8 of this Act must
be filed within one year of the crime on | ||||||
7 | which a claim is based as
provided in Section 6.1 of the | ||||||
8 | Crime Victims Compensation Act.
| ||||||
9 | (g) All claims arising from the Comptroller's refusal | ||||||
10 | to issue a
replacement warrant pursuant to Section 10.10 | ||||||
11 | of the State Comptroller Act
must be filed within 5 years | ||||||
12 | after the date of the Comptroller's refusal.
| ||||||
13 | (h) All other claims must be filed within 2 years | ||||||
14 | after it first accrues,
saving to minors, and persons | ||||||
15 | under legal disability at the time the claim
accrues, in | ||||||
16 | which case the claim must be filed within 2 years from the | ||||||
17 | time
the disability ceases.
| ||||||
18 | (i) The changes made by Public Act 86-458 apply to all
| ||||||
19 | warrants issued within the 5-year period preceding August | ||||||
20 | 31, 1989 (the effective date of Public Act 86-458).
The | ||||||
21 | changes made to this Section by Public Act 100-1124 apply | ||||||
22 | to claims pending on November 27, 2018 (the effective date | ||||||
23 | of Public Act 100-1124) and to claims filed thereafter.
| ||||||
24 | (j) All time limitations established under this Act | ||||||
25 | and the rules
promulgated under this Act shall be binding | ||||||
26 | and jurisdictional, except upon
extension authorized by |
| |||||||
| |||||||
1 | law or rule and granted pursuant to a motion timely filed.
| ||||||
2 | (Source: P.A. 102-558, eff. 8-20-21; revised 11-24-21.)
| ||||||
3 | Section 605. The Criminal Code of 2012 is amended by | ||||||
4 | changing Sections 12-7.1, 24-3, and 24-8 as follows:
| ||||||
5 | (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
| ||||||
6 | Sec. 12-7.1. Hate crime.
| ||||||
7 | (a) A person commits hate crime when, by reason of the | ||||||
8 | actual or
perceived race, color, creed, religion, ancestry, | ||||||
9 | gender, sexual orientation,
physical or mental disability, | ||||||
10 | citizenship, immigration status, or national origin of another | ||||||
11 | individual or
group of individuals, regardless of the | ||||||
12 | existence of any other motivating
factor or factors, he or she | ||||||
13 | commits assault, battery, aggravated assault, intimidation, | ||||||
14 | stalking, cyberstalking, misdemeanor
theft, criminal trespass | ||||||
15 | to residence, misdemeanor criminal damage
to property, | ||||||
16 | criminal trespass to vehicle, criminal trespass to real | ||||||
17 | property,
mob action, disorderly conduct, transmission of | ||||||
18 | obscene messages, harassment by telephone, or harassment | ||||||
19 | through electronic
communications as these crimes are defined | ||||||
20 | in Sections 12-1,
12-2, 12-3(a), 12-7.3, 12-7.5, 16-1, 19-4, | ||||||
21 | 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2, paragraphs | ||||||
22 | (a)(1), (a)(2), and (a)(3) of Section 12-6, and paragraphs | ||||||
23 | (a)(2) and (a)(5) of Section 26.5-3 of this Code,
| ||||||
24 | respectively.
|
| |||||||
| |||||||
1 | (b) Except as provided in subsection (b-5), hate crime is | ||||||
2 | a Class 4
felony for a first offense and a Class 2 felony for a | ||||||
3 | second or subsequent
offense.
| ||||||
4 | (b-5) Hate crime is a Class 3 felony for a first offense | ||||||
5 | and a Class 2
felony for a second or subsequent offense if | ||||||
6 | committed:
| ||||||
7 | (1) in, or upon the exterior or grounds of, a church, | ||||||
8 | synagogue, mosque, or other building, structure, or place
| ||||||
9 | identified or associated with a particular religion or | ||||||
10 | used for religious worship or other religious purpose;
| ||||||
11 | (2) in a cemetery, mortuary, or other facility used | ||||||
12 | for the purpose of
burial or memorializing the dead;
| ||||||
13 | (3) in a school or other educational facility, | ||||||
14 | including an administrative facility or public or private | ||||||
15 | dormitory facility of or associated with the school or | ||||||
16 | other educational facility;
| ||||||
17 | (4) in a public park or an ethnic or religious | ||||||
18 | community center;
| ||||||
19 | (5) on the real property comprising any location | ||||||
20 | specified in
clauses (1) through (4) of this subsection | ||||||
21 | (b-5); or
| ||||||
22 | (6) on a public way within 1,000 feet of the real | ||||||
23 | property comprising any
location specified in clauses (1) | ||||||
24 | through (4) of this subsection (b-5).
| ||||||
25 | (b-10) Upon imposition of any sentence,
the trial
court | ||||||
26 | shall also either order restitution paid to the victim
or |
| |||||||
| |||||||
1 | impose a fine in an amount to be determined by the court based | ||||||
2 | on the severity of the crime and the injury or damages suffered | ||||||
3 | by the victim. In addition, any order of probation or
| ||||||
4 | conditional discharge entered following a conviction or an | ||||||
5 | adjudication of
delinquency shall include a condition that the | ||||||
6 | offender perform public or
community service of no less than | ||||||
7 | 200 hours if that service is established in
the county where | ||||||
8 | the offender was convicted of hate crime. In addition, any | ||||||
9 | order of probation or
conditional discharge entered following | ||||||
10 | a conviction or an adjudication of
delinquency shall include a | ||||||
11 | condition that the offender enroll in an educational program | ||||||
12 | discouraging hate crimes involving the protected class | ||||||
13 | identified in subsection (a) that gave rise to the offense the | ||||||
14 | offender committed. The educational program must be attended | ||||||
15 | by the offender in-person and may be administered, as | ||||||
16 | determined by the court, by a university, college, community | ||||||
17 | college, non-profit organization, the Illinois Holocaust and | ||||||
18 | Genocide Commission, or any other organization that provides | ||||||
19 | educational programs discouraging hate crimes, except that | ||||||
20 | programs administered online or that can otherwise be attended | ||||||
21 | remotely are prohibited. The court may also
impose any other | ||||||
22 | condition of probation or conditional discharge under this
| ||||||
23 | Section. If the court sentences the offender to imprisonment | ||||||
24 | or periodic imprisonment for a violation of this Section, as a | ||||||
25 | condition of the offender's mandatory supervised release, the | ||||||
26 | court shall require that the offender perform public or |
| |||||||
| |||||||
1 | community service of no less than 200 hours and enroll in an | ||||||
2 | educational program discouraging hate crimes involving the | ||||||
3 | protected class
identified in subsection (a) that gave rise to | ||||||
4 | the offense the offender committed.
| ||||||
5 | (c) Independent of any criminal prosecution or the result
| ||||||
6 | of a criminal prosecution, any
person suffering injury to his | ||||||
7 | or her person, damage to his or her property, intimidation as | ||||||
8 | defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section | ||||||
9 | 12-6 of this Code, stalking as defined in Section 12-7.3 of | ||||||
10 | this Code, cyberstalking as defined in Section 12-7.5 of this | ||||||
11 | Code, disorderly conduct as defined in paragraph (a)(1), | ||||||
12 | (a)(4), (a)(5), or (a)(6) of Section 26-1 of this Code, | ||||||
13 | transmission of obscene messages as defined in Section 26.5-1 | ||||||
14 | of this Code, harassment by telephone as defined in Section | ||||||
15 | 26.5-2 of this Code, or harassment through electronic | ||||||
16 | communications as defined in paragraphs (a)(2) and (a)(5) of | ||||||
17 | Section 26.5-3 of this Code as a result
of a hate crime may | ||||||
18 | bring a civil action for damages, injunction
or other | ||||||
19 | appropriate relief. The court may award actual damages, | ||||||
20 | including
damages for emotional distress, as well as punitive | ||||||
21 | damages. The court may impose a civil penalty up to $25,000 for | ||||||
22 | each violation of this subsection (c). A judgment in favor of a | ||||||
23 | person who brings a civil action under this subsection (c) | ||||||
24 | shall include
attorney's fees and costs. After consulting with | ||||||
25 | the local State's Attorney, the Attorney General may bring a | ||||||
26 | civil action in the name of the People of the State for an |
| |||||||
| |||||||
1 | injunction or other equitable relief under this subsection | ||||||
2 | (c). In addition, the Attorney General may request and the | ||||||
3 | court may impose a civil penalty up to $25,000 for each | ||||||
4 | violation under this subsection (c). The parents or legal | ||||||
5 | guardians, other than
guardians appointed pursuant to the | ||||||
6 | Juvenile Court Act or the Juvenile
Court Act of 1987, of an | ||||||
7 | unemancipated minor shall be liable for the amount
of any | ||||||
8 | judgment for all damages rendered against such minor under | ||||||
9 | this
subsection (c) in any amount not exceeding the amount | ||||||
10 | provided under
Section 5 of the Parental Responsibility Law.
| ||||||
11 | (d) "Sexual orientation" has the meaning ascribed to it in | ||||||
12 | paragraph (O-1) of Section 1-103 of the Illinois Human Rights | ||||||
13 | Act.
| ||||||
14 | (Source: P.A. 102-235, eff. 1-1-22; 102-468, eff. 1-1-22; | ||||||
15 | revised 11-18-21.)
| ||||||
16 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
17 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
18 | (A) A person commits the offense of unlawful sale or | ||||||
19 | delivery of firearms when he
or she knowingly does any of the | ||||||
20 | following:
| ||||||
21 | (a) Sells or gives any firearm of a size which may be | ||||||
22 | concealed upon the
person to any person under 18 years of | ||||||
23 | age.
| ||||||
24 | (b) Sells or gives any firearm to a person under 21 | ||||||
25 | years of age who has
been convicted of a misdemeanor other |
| |||||||
| |||||||
1 | than a traffic offense or adjudged
delinquent.
| ||||||
2 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
3 | (d) Sells or gives any firearm to any person who has | ||||||
4 | been convicted of a
felony under the laws of this or any | ||||||
5 | other jurisdiction.
| ||||||
6 | (e) Sells or gives any firearm to any person who has | ||||||
7 | been a patient in a
mental institution within the past 5 | ||||||
8 | years. In this subsection (e): | ||||||
9 | "Mental institution" means any hospital, | ||||||
10 | institution, clinic, evaluation facility, mental | ||||||
11 | health center, or part thereof, which is used | ||||||
12 | primarily for the care or treatment of persons with | ||||||
13 | mental illness. | ||||||
14 | "Patient in a mental institution" means the person | ||||||
15 | was admitted, either voluntarily or involuntarily, to | ||||||
16 | a mental institution for mental health treatment, | ||||||
17 | unless the treatment was voluntary and solely for an | ||||||
18 | alcohol abuse disorder and no other secondary | ||||||
19 | substance abuse disorder or mental illness.
| ||||||
20 | (f) Sells or gives any firearms to any person who is a | ||||||
21 | person with an intellectual disability.
| ||||||
22 | (g) Delivers any firearm, incidental to a sale, | ||||||
23 | without withholding delivery of the firearm
for at least | ||||||
24 | 72 hours after application for its purchase has been made, | ||||||
25 | or
delivers a stun gun or taser, incidental to a sale,
| ||||||
26 | without withholding delivery of the stun gun or taser for
|
| |||||||
| |||||||
1 | at least 24 hours after application for its purchase has | ||||||
2 | been made.
However,
this paragraph (g) does not apply to: | ||||||
3 | (1) the sale of a firearm
to a law enforcement officer if | ||||||
4 | the seller of the firearm knows that the person to whom he | ||||||
5 | or she is selling the firearm is a law enforcement officer | ||||||
6 | or the sale of a firearm to a person who desires to | ||||||
7 | purchase a firearm for
use in promoting the public | ||||||
8 | interest incident to his or her employment as a
bank | ||||||
9 | guard, armed truck guard, or other similar employment; (2) | ||||||
10 | a mail
order sale of a firearm from a federally licensed | ||||||
11 | firearms dealer to a nonresident of Illinois under which | ||||||
12 | the firearm
is mailed to a federally licensed firearms | ||||||
13 | dealer outside the boundaries of Illinois; (3) (blank); | ||||||
14 | (4) the sale of a
firearm to a dealer licensed as a federal | ||||||
15 | firearms dealer under Section 923
of the federal Gun | ||||||
16 | Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or | ||||||
17 | sale of any rifle, shotgun, or other long gun to a resident | ||||||
18 | registered competitor or attendee or non-resident | ||||||
19 | registered competitor or attendee by any dealer licensed | ||||||
20 | as a federal firearms dealer under Section 923 of the | ||||||
21 | federal Gun Control Act of 1968 at competitive shooting | ||||||
22 | events held at the World Shooting Complex sanctioned by a | ||||||
23 | national governing body. For purposes of transfers or | ||||||
24 | sales under subparagraph (5) of this paragraph (g), the | ||||||
25 | Department of Natural Resources shall give notice to the | ||||||
26 | Illinois State Police at least 30 calendar days prior to |
| |||||||
| |||||||
1 | any competitive shooting events at the World Shooting | ||||||
2 | Complex sanctioned by a national governing body. The | ||||||
3 | notification shall be made on a form prescribed by the | ||||||
4 | Illinois State Police. The sanctioning body shall provide | ||||||
5 | a list of all registered competitors and attendees at | ||||||
6 | least 24 hours before the events to the Illinois State | ||||||
7 | Police. Any changes to the list of registered competitors | ||||||
8 | and attendees shall be forwarded to the Illinois State | ||||||
9 | Police as soon as practicable. The Illinois State Police | ||||||
10 | must destroy the list of registered competitors and | ||||||
11 | attendees no later than 30 days after the date of the | ||||||
12 | event. Nothing in this paragraph (g) relieves a federally | ||||||
13 | licensed firearm dealer from the requirements of | ||||||
14 | conducting a NICS background check through the Illinois | ||||||
15 | Point of Contact under 18 U.S.C. 922(t). For purposes of | ||||||
16 | this paragraph (g), "application" means when the buyer and | ||||||
17 | seller reach an agreement to purchase a firearm.
For | ||||||
18 | purposes of this paragraph (g), "national governing body" | ||||||
19 | means a group of persons who adopt rules and formulate | ||||||
20 | policy on behalf of a national firearm sporting | ||||||
21 | organization.
| ||||||
22 | (h) While holding any license
as a dealer,
importer, | ||||||
23 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
24 | Act of 1968,
manufactures, sells or delivers to any | ||||||
25 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
26 | or receiver which is a die casting of zinc alloy or
any |
| |||||||
| |||||||
1 | other nonhomogeneous metal which will melt or deform at a | ||||||
2 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
3 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
4 | the Firearm Owners Identification Card Act; and (2)
| ||||||
5 | "handgun" is defined as a firearm designed to be held
and | ||||||
6 | fired by the use of a single hand, and includes a | ||||||
7 | combination of parts from
which such a firearm can be | ||||||
8 | assembled.
| ||||||
9 | (i) Sells or gives a firearm of any size to any person | ||||||
10 | under 18 years of
age who does not possess a valid Firearm | ||||||
11 | Owner's Identification Card.
| ||||||
12 | (j) Sells or gives a firearm while engaged in the | ||||||
13 | business of selling
firearms at wholesale or retail | ||||||
14 | without being licensed as a federal firearms
dealer under | ||||||
15 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
16 | U.S.C.
923). In this paragraph (j):
| ||||||
17 | A person "engaged in the business" means a person who | ||||||
18 | devotes time,
attention, and
labor to
engaging in the | ||||||
19 | activity as a regular course of trade or business with the
| ||||||
20 | principal objective of livelihood and profit, but does not | ||||||
21 | include a person who
makes occasional repairs of firearms | ||||||
22 | or who occasionally fits special barrels,
stocks, or | ||||||
23 | trigger mechanisms to firearms.
| ||||||
24 | "With the principal objective of livelihood and | ||||||
25 | profit" means that the
intent
underlying the sale or | ||||||
26 | disposition of firearms is predominantly one of
obtaining |
| |||||||
| |||||||
1 | livelihood and pecuniary gain, as opposed to other | ||||||
2 | intents, such as
improving or liquidating a personal | ||||||
3 | firearms collection; however, proof of
profit shall not be | ||||||
4 | required as to a person who engages in the regular and
| ||||||
5 | repetitive purchase and disposition of firearms for | ||||||
6 | criminal purposes or
terrorism.
| ||||||
7 | (k) Sells or transfers ownership of a firearm to a | ||||||
8 | person who does not display to the seller or transferor of | ||||||
9 | the firearm either: (1) a currently valid Firearm Owner's | ||||||
10 | Identification Card that has previously been issued in the | ||||||
11 | transferee's name by the Illinois State Police under the | ||||||
12 | provisions of the Firearm Owners Identification Card Act; | ||||||
13 | or (2) a currently valid license to carry a concealed | ||||||
14 | firearm that has previously been issued in the | ||||||
15 | transferee's name by the
Illinois State Police under the | ||||||
16 | Firearm Concealed Carry Act. This paragraph (k) does not | ||||||
17 | apply to the transfer of a firearm to a person who is | ||||||
18 | exempt from the requirement of possessing a Firearm | ||||||
19 | Owner's Identification Card under Section 2 of the Firearm | ||||||
20 | Owners Identification Card Act. For the purposes of this | ||||||
21 | Section, a currently valid Firearm Owner's Identification | ||||||
22 | Card or license to carry a concealed firearm means receipt | ||||||
23 | of an approval number issued in accordance with subsection | ||||||
24 | (a-10) of Section subsection 3 or Section 3.1 of the | ||||||
25 | Firearm Owners Identification Card Act. | ||||||
26 | (1) In addition to the other requirements of this |
| |||||||
| |||||||
1 | paragraph (k), all persons who are not federally | ||||||
2 | licensed firearms dealers must also have complied with | ||||||
3 | subsection (a-10) of Section 3 of the Firearm Owners | ||||||
4 | Identification Card Act by determining the validity of | ||||||
5 | a purchaser's Firearm Owner's Identification Card. | ||||||
6 | (2) All sellers or transferors who have complied | ||||||
7 | with the requirements of subparagraph (1) of this | ||||||
8 | paragraph (k) shall not be liable for damages in any | ||||||
9 | civil action arising from the use or misuse by the | ||||||
10 | transferee of the firearm transferred, except for | ||||||
11 | willful or wanton misconduct on the part of the seller | ||||||
12 | or transferor. | ||||||
13 | (l) Not
being entitled to the possession of a firearm, | ||||||
14 | delivers the
firearm, knowing it to have been stolen or | ||||||
15 | converted. It may be inferred that
a person who possesses | ||||||
16 | a firearm with knowledge that its serial number has
been | ||||||
17 | removed or altered has knowledge that the firearm is | ||||||
18 | stolen or converted. | ||||||
19 | (B) Paragraph (h) of subsection (A) does not include | ||||||
20 | firearms sold within 6
months after enactment of Public
Act | ||||||
21 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
22 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
23 | purchased by any citizen within 6 months after the
enactment | ||||||
24 | of Public Act 78-355 subject
to confiscation or seizure under | ||||||
25 | the provisions of that Public Act. Nothing in
Public Act | ||||||
26 | 78-355 shall be construed to prohibit the gift or trade of
any |
| |||||||
| |||||||
1 | firearm if that firearm was legally held or acquired within 6 | ||||||
2 | months after
the enactment of that Public Act.
| ||||||
3 | (C) Sentence.
| ||||||
4 | (1) Any person convicted of unlawful sale or delivery | ||||||
5 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
6 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
7 | (2) Any person convicted of unlawful sale or delivery | ||||||
8 | of firearms in violation of
paragraph (b) or (i) of | ||||||
9 | subsection (A) commits a Class 3 felony.
| ||||||
10 | (3) Any person convicted of unlawful sale or delivery | ||||||
11 | of firearms in violation of
paragraph (a) of subsection | ||||||
12 | (A) commits a Class 2 felony.
| ||||||
13 | (4) Any person convicted of unlawful sale or delivery | ||||||
14 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
15 | subsection (A) in any school, on the real
property | ||||||
16 | comprising a school, within 1,000 feet of the real | ||||||
17 | property comprising
a school, at a school related | ||||||
18 | activity, or on or within 1,000 feet of any
conveyance | ||||||
19 | owned, leased, or contracted by a school or school | ||||||
20 | district to
transport students to or from school or a | ||||||
21 | school related activity,
regardless of the time of day or | ||||||
22 | time of year at which the offense
was committed, commits a | ||||||
23 | Class 1 felony. Any person convicted of a second
or | ||||||
24 | subsequent violation of unlawful sale or delivery of | ||||||
25 | firearms in violation of paragraph
(a), (b), or (i) of | ||||||
26 | subsection (A) in any school, on the real property
|
| |||||||
| |||||||
1 | comprising a school, within 1,000 feet of the real | ||||||
2 | property comprising a
school, at a school related | ||||||
3 | activity, or on or within 1,000 feet of any
conveyance | ||||||
4 | owned, leased, or contracted by a school or school | ||||||
5 | district to
transport students to or from school or a | ||||||
6 | school related activity,
regardless of the time of day or | ||||||
7 | time of year at which the offense
was committed, commits a | ||||||
8 | Class 1 felony for which the sentence shall be a
term of | ||||||
9 | imprisonment of no less than 5 years and no more than 15 | ||||||
10 | years.
| ||||||
11 | (5) Any person convicted of unlawful sale or delivery | ||||||
12 | of firearms in violation of
paragraph (a) or (i) of | ||||||
13 | subsection (A) in residential property owned,
operated, or | ||||||
14 | managed by a public housing agency or leased by a public | ||||||
15 | housing
agency as part of a scattered site or mixed-income | ||||||
16 | development, in a public
park, in a
courthouse, on | ||||||
17 | residential property owned, operated, or managed by a | ||||||
18 | public
housing agency or leased by a public housing agency | ||||||
19 | as part of a scattered site
or mixed-income development, | ||||||
20 | on the real property comprising any public park,
on the | ||||||
21 | real
property comprising any courthouse, or on any public | ||||||
22 | way within 1,000 feet
of the real property comprising any | ||||||
23 | public park, courthouse, or residential
property owned, | ||||||
24 | operated, or managed by a public housing agency or leased | ||||||
25 | by a
public housing agency as part of a scattered site or | ||||||
26 | mixed-income development
commits a
Class 2 felony.
|
| |||||||
| |||||||
1 | (6) Any person convicted of unlawful sale or delivery | ||||||
2 | of firearms in violation of
paragraph (j) of subsection | ||||||
3 | (A) commits a Class A misdemeanor. A second or
subsequent | ||||||
4 | violation is a Class 4 felony. | ||||||
5 | (7) Any person convicted of unlawful sale or delivery | ||||||
6 | of firearms in violation of paragraph (k) of subsection | ||||||
7 | (A) commits a Class 4 felony, except that a violation of | ||||||
8 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
9 | not be punishable as a crime or petty offense. A third or | ||||||
10 | subsequent conviction for a violation of paragraph (k) of | ||||||
11 | subsection (A) is a Class 1 felony.
| ||||||
12 | (8) A person 18 years of age or older convicted of | ||||||
13 | unlawful sale or delivery of firearms in violation of | ||||||
14 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
15 | that was sold or given to another person under 18 years of | ||||||
16 | age was used in the commission of or attempt to commit a | ||||||
17 | forcible felony, shall be fined or imprisoned, or both, | ||||||
18 | not to exceed the maximum provided for the most serious | ||||||
19 | forcible felony so committed or attempted by the person | ||||||
20 | under 18 years of age who was sold or given the firearm. | ||||||
21 | (9) Any person convicted of unlawful sale or delivery | ||||||
22 | of firearms in violation of
paragraph (d) of subsection | ||||||
23 | (A) commits a Class 3 felony. | ||||||
24 | (10) Any person convicted of unlawful sale or delivery | ||||||
25 | of firearms in violation of paragraph (l) of subsection | ||||||
26 | (A) commits a Class 2 felony if the delivery is of one |
| |||||||
| |||||||
1 | firearm. Any person convicted of unlawful sale or delivery | ||||||
2 | of firearms in violation of paragraph (l) of subsection | ||||||
3 | (A) commits a Class 1 felony if the delivery is of not less | ||||||
4 | than 2 and not more than 5 firearms at the
same time or | ||||||
5 | within a one-year one year period. Any person convicted of | ||||||
6 | unlawful sale or delivery of firearms in violation of | ||||||
7 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
8 | for which he or she shall be sentenced
to a term of | ||||||
9 | imprisonment of not less than 6 years and not more than 30
| ||||||
10 | years if the delivery is of not less than 6 and not more | ||||||
11 | than 10 firearms at the
same time or within a 2-year 2 year | ||||||
12 | period. Any person convicted of unlawful sale or delivery | ||||||
13 | of firearms in violation of paragraph (l) of subsection | ||||||
14 | (A) commits a Class X felony for which he or she shall be | ||||||
15 | sentenced
to a term of imprisonment of not less than 6 | ||||||
16 | years and not more than 40
years if the delivery is of not | ||||||
17 | less than 11 and not more than 20 firearms at the
same time | ||||||
18 | or within a 3-year 3 year period. Any person convicted of | ||||||
19 | unlawful sale or delivery of firearms in violation of | ||||||
20 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
21 | for which he or she shall be sentenced
to a term of | ||||||
22 | imprisonment of not less than 6 years and not more than 50
| ||||||
23 | years if the delivery is of not less than 21 and not more | ||||||
24 | than 30 firearms at the
same time or within a 4-year 4 year | ||||||
25 | period. Any person convicted of unlawful sale or delivery | ||||||
26 | of firearms in violation of paragraph (l) of subsection |
| |||||||
| |||||||
1 | (A) commits a Class X felony for which he or she shall be | ||||||
2 | sentenced
to a term of imprisonment of not less than 6 | ||||||
3 | years and not more than 60
years if the delivery is of 31 | ||||||
4 | or more firearms at the
same time or within a 5-year 5 year | ||||||
5 | period. | ||||||
6 | (D) For purposes of this Section:
| ||||||
7 | "School" means a public or private elementary or secondary | ||||||
8 | school,
community college, college, or university.
| ||||||
9 | "School related activity" means any sporting, social, | ||||||
10 | academic, or
other activity for which students' attendance or | ||||||
11 | participation is sponsored,
organized, or funded in whole or | ||||||
12 | in part by a school or school district.
| ||||||
13 | (E) A prosecution for a violation of paragraph (k) of | ||||||
14 | subsection (A) of this Section may be commenced within 6 years | ||||||
15 | after the commission of the offense. A prosecution for a | ||||||
16 | violation of this Section other than paragraph (g) of | ||||||
17 | subsection (A) of this Section may be commenced within 5 years | ||||||
18 | after the commission of the offense defined in the particular | ||||||
19 | paragraph.
| ||||||
20 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
21 | revised 10-12-21.)
| ||||||
22 | (720 ILCS 5/24-8)
| ||||||
23 | Sec. 24-8. Firearm evidence.
| ||||||
24 | (a) Upon recovering a firearm from the possession
of | ||||||
25 | anyone who is not permitted by federal or State
law
to possess |
| |||||||
| |||||||
1 | a firearm, a law enforcement agency shall
use the best | ||||||
2 | available information, including a firearms trace when | ||||||
3 | necessary,
to determine how and from whom the person gained
| ||||||
4 | possession of the firearm.
Upon recovering a firearm that was | ||||||
5 | used in the commission of any offense
classified as a felony or | ||||||
6 | upon recovering a firearm that appears to have been
lost, | ||||||
7 | mislaid,
stolen, or
otherwise unclaimed, a law enforcement | ||||||
8 | agency shall use the best
available
information, including a | ||||||
9 | firearms trace, to determine prior
ownership of
the firearm.
| ||||||
10 | (b) Law enforcement shall, when appropriate, use the | ||||||
11 | National
Tracing Center of the
Federal
Bureau of Alcohol, | ||||||
12 | Tobacco and Firearms and the National Crime Information Center | ||||||
13 | of the Federal Bureau of Investigation in complying with | ||||||
14 | subsection (a) of
this Section.
| ||||||
15 | (c) Law enforcement agencies shall use the Illinois State | ||||||
16 | Police Law Enforcement Agencies Data System (LEADS) Gun File | ||||||
17 | to enter all
stolen, seized, or recovered firearms as | ||||||
18 | prescribed by LEADS regulations and
policies. | ||||||
19 | (d) Whenever a law enforcement agency recovers a fired | ||||||
20 | cartridge case at a crime scene or has reason to believe that | ||||||
21 | the recovered fired cartridge case is related to or associated | ||||||
22 | with the commission of a crime, the law enforcement agency | ||||||
23 | shall submit the evidence to the National Integrated | ||||||
24 | Ballistics Information Network (NIBIN) or an Illinois State | ||||||
25 | Police laboratory for NIBIN processing. Whenever a law | ||||||
26 | enforcement agency seizes or recovers a semiautomatic firearm |
| |||||||
| |||||||
1 | that is deemed suitable to be entered into the NIBIN that was: | ||||||
2 | (i) unlawfully possessed, (ii) used for any unlawful purpose, | ||||||
3 | (iii) recovered from the scene of a crime, (iv) is reasonably | ||||||
4 | believed to have been used or associated with the commission | ||||||
5 | of a crime, or (v) is acquired by the law enforcement agency as | ||||||
6 | an abandoned or discarded firearm, the law enforcement agency | ||||||
7 | shall submit the evidence to the NIBIN or an Illinois State | ||||||
8 | Police laboratory for NIBIN processing.
When practicable, all | ||||||
9 | NIBIN-suitable evidence and NIBIN-suitable test fires from | ||||||
10 | recovered firearms shall be entered into the NIBIN within 2 | ||||||
11 | business days of submission to Illinois State Police | ||||||
12 | laboratories that have NIBIN access or another NIBIN site. | ||||||
13 | Exceptions to this may occur if the evidence in question | ||||||
14 | requires analysis by other forensic disciplines. The Illinois | ||||||
15 | State Police laboratory, submitting agency, and relevant court | ||||||
16 | representatives shall determine whether the request for | ||||||
17 | additional analysis outweighs the 2 business-day requirement.
| ||||||
18 | Illinois State Police laboratories that do not have NIBIN | ||||||
19 | access shall submit NIBIN-suitable evidence and test fires to | ||||||
20 | an Illinois State Police laboratory with NIBIN access. Upon | ||||||
21 | receipt at the laboratory with NIBIN access, when practicable, | ||||||
22 | the evidence and test fires shall be entered into the NIBIN | ||||||
23 | within 2 business days. Exceptions to this 2 business-day | ||||||
24 | requirement may occur if the evidence in question requires | ||||||
25 | analysis by other forensic disciplines. The Illinois State | ||||||
26 | Police laboratory, submitting agency, and relevant court |
| |||||||
| |||||||
1 | representatives shall determine whether the request for | ||||||
2 | additional analysis outweighs the 2 business-day requirement.
| ||||||
3 | Nothing in this Section shall be interpreted to conflict with | ||||||
4 | standards and policies for NIBIN sites as promulgated by the | ||||||
5 | federal Bureau of Alcohol, Tobacco, Firearms and Explosives or | ||||||
6 | successor agencies.
| ||||||
7 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
8 | revised 10-14-21.)
| ||||||
9 | Section 610. The Cannabis Control Act is amended by | ||||||
10 | changing Section 8 as follows:
| ||||||
11 | (720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
| ||||||
12 | Sec. 8. Except as otherwise provided in the Cannabis | ||||||
13 | Regulation and Tax Act and the Industrial Hemp Act, it is | ||||||
14 | unlawful for any person knowingly to produce the Cannabis
| ||||||
15 | sativa plant or to possess such plants unless production or | ||||||
16 | possession
has been authorized pursuant to the provisions of | ||||||
17 | Section 11 or 15.2 of the Act.
Any person who violates this | ||||||
18 | Section with respect to production or possession of:
| ||||||
19 | (a) Not more than 5 plants is guilty of a civil | ||||||
20 | violation punishable by a minimum fine of $100 and a | ||||||
21 | maximum fine of $200. The proceeds of the fine are payable | ||||||
22 | to the clerk of the circuit court. Within 30 days after the | ||||||
23 | deposit of the fine, the clerk shall distribute the | ||||||
24 | proceeds of the fine as follows: |
| |||||||
| |||||||
1 | (1) $10 of the fine to the circuit clerk and $10 of | ||||||
2 | the fine to the law enforcement agency that issued the | ||||||
3 | citation; the proceeds of each $10 fine distributed to | ||||||
4 | the circuit clerk and each $10 fine distributed to the | ||||||
5 | law enforcement agency that issued the citation for | ||||||
6 | the violation shall be used to defer the cost of | ||||||
7 | automatic expungements under paragraph (2.5) of | ||||||
8 | subsection (a) of Section 5.2 of the Criminal | ||||||
9 | Identification Act; | ||||||
10 | (2) $15 to the county to fund drug addiction | ||||||
11 | services; | ||||||
12 | (3) $10 to the Office of the State's Attorneys | ||||||
13 | Appellate Prosecutor for use in training programs; | ||||||
14 | (4) $10 to the State's Attorney; and | ||||||
15 | (5) any remainder of the fine to the law | ||||||
16 | enforcement agency that issued the citation for the | ||||||
17 | violation. | ||||||
18 | With respect to funds designated for the Illinois | ||||||
19 | State Police, the moneys shall be remitted by the circuit | ||||||
20 | court clerk to the State Treasurer Illinois within one | ||||||
21 | month after receipt for deposit into the State Police | ||||||
22 | Operations Assistance Fund. With respect to funds | ||||||
23 | designated for the Department of Natural Resources, the | ||||||
24 | Department of Natural Resources shall deposit the moneys | ||||||
25 | into the Conservation Police Operations Assistance Fund.
| ||||||
26 | (b) More than 5, but not more than 20 plants, is guilty
|
| |||||||
| |||||||
1 | of a Class 4 felony.
| ||||||
2 | (c) More than 20, but not more than 50 plants, is
| ||||||
3 | guilty of a Class 3 felony.
| ||||||
4 | (d) More than 50, but not more than 200 plants, is | ||||||
5 | guilty of a Class 2 felony for which
a fine not to exceed | ||||||
6 | $100,000 may be imposed and for which liability for
the | ||||||
7 | cost of conducting the investigation and eradicating such | ||||||
8 | plants may be
assessed. Compensation for expenses incurred | ||||||
9 | in the enforcement of this
provision shall be transmitted | ||||||
10 | to and deposited in the treasurer's office
at the level of | ||||||
11 | government represented by the Illinois law enforcement
| ||||||
12 | agency whose officers or employees conducted the | ||||||
13 | investigation or caused
the arrest or arrests leading to | ||||||
14 | the prosecution, to be subsequently made
available to that | ||||||
15 | law enforcement agency as expendable receipts for use in
| ||||||
16 | the enforcement of laws regulating controlled substances | ||||||
17 | and cannabis. If
such seizure was made by a combination of | ||||||
18 | law enforcement personnel
representing different levels of | ||||||
19 | government, the court levying the
assessment shall | ||||||
20 | determine the allocation of such assessment. The proceeds
| ||||||
21 | of assessment awarded to the State treasury shall be | ||||||
22 | deposited in a special
fund known as the Drug Traffic | ||||||
23 | Prevention Fund. | ||||||
24 | (e) More than 200 plants is guilty of a Class 1 felony | ||||||
25 | for which
a fine not to exceed $100,000 may be imposed and | ||||||
26 | for which liability for
the cost of conducting the |
| |||||||
| |||||||
1 | investigation and eradicating such plants may be
assessed. | ||||||
2 | Compensation for expenses incurred in the enforcement of | ||||||
3 | this
provision shall be transmitted to and deposited in | ||||||
4 | the treasurer's office
at the level of government | ||||||
5 | represented by the Illinois law enforcement
agency whose | ||||||
6 | officers or employees conducted the investigation or | ||||||
7 | caused
the arrest or arrests leading to the prosecution, | ||||||
8 | to be subsequently made
available to that law enforcement | ||||||
9 | agency as expendable receipts for use in
the enforcement | ||||||
10 | of laws regulating controlled substances and cannabis. If
| ||||||
11 | such seizure was made by a combination of law enforcement | ||||||
12 | personnel
representing different levels of government, the | ||||||
13 | court levying the
assessment shall determine the | ||||||
14 | allocation of such assessment. The proceeds
of assessment | ||||||
15 | awarded to the State treasury shall be deposited in a | ||||||
16 | special
fund known as the Drug Traffic Prevention Fund.
| ||||||
17 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
18 | 102-145, eff. 7-23-21; 102-538, eff. 8-20-21; revised | ||||||
19 | 10-14-21.)
| ||||||
20 | Section 615. The Illinois Controlled Substances Act is | ||||||
21 | amended by changing Sections 102 and 316 as follows: | ||||||
22 | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||||||
23 | Sec. 102. Definitions. As used in this Act, unless the | ||||||
24 | context
otherwise requires:
|
| |||||||
| |||||||
1 | (a) "Addict" means any person who habitually uses any | ||||||
2 | drug, chemical,
substance or dangerous drug other than alcohol | ||||||
3 | so as to endanger the public
morals, health, safety or welfare | ||||||
4 | or who is so far addicted to the use of a
dangerous drug or | ||||||
5 | controlled substance other than alcohol as to have lost
the | ||||||
6 | power of self control with reference to his or her addiction.
| ||||||
7 | (b) "Administer" means the direct application of a | ||||||
8 | controlled
substance, whether by injection, inhalation, | ||||||
9 | ingestion, or any other
means, to the body of a patient, | ||||||
10 | research subject, or animal (as
defined by the Humane | ||||||
11 | Euthanasia in Animal Shelters Act) by:
| ||||||
12 | (1) a practitioner (or, in his or her presence, by his | ||||||
13 | or her authorized agent),
| ||||||
14 | (2) the patient or research subject pursuant to an | ||||||
15 | order, or
| ||||||
16 | (3) a euthanasia technician as defined by the Humane | ||||||
17 | Euthanasia in
Animal Shelters Act.
| ||||||
18 | (c) "Agent" means an authorized person who acts on behalf | ||||||
19 | of or at
the direction of a manufacturer, distributor, | ||||||
20 | dispenser, prescriber, or practitioner. It does not
include a | ||||||
21 | common or contract carrier, public warehouseman or employee of
| ||||||
22 | the carrier or warehouseman.
| ||||||
23 | (c-1) "Anabolic Steroids" means any drug or hormonal | ||||||
24 | substance,
chemically and pharmacologically related to | ||||||
25 | testosterone (other than
estrogens, progestins, | ||||||
26 | corticosteroids, and dehydroepiandrosterone),
and includes:
|
| |||||||
| |||||||
1 | (i) 3[beta],17-dihydroxy-5a-androstane, | ||||||
2 | (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, | ||||||
3 | (iii) 5[alpha]-androstan-3,17-dione, | ||||||
4 | (iv) 1-androstenediol (3[beta], | ||||||
5 | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||||||
6 | (v) 1-androstenediol (3[alpha], | ||||||
7 | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||||||
8 | (vi) 4-androstenediol | ||||||
9 | (3[beta],17[beta]-dihydroxy-androst-4-ene), | ||||||
10 | (vii) 5-androstenediol | ||||||
11 | (3[beta],17[beta]-dihydroxy-androst-5-ene), | ||||||
12 | (viii) 1-androstenedione | ||||||
13 | ([5alpha]-androst-1-en-3,17-dione), | ||||||
14 | (ix) 4-androstenedione | ||||||
15 | (androst-4-en-3,17-dione), | ||||||
16 | (x) 5-androstenedione | ||||||
17 | (androst-5-en-3,17-dione), | ||||||
18 | (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- | ||||||
19 | hydroxyandrost-4-en-3-one), | ||||||
20 | (xii) boldenone (17[beta]-hydroxyandrost- | ||||||
21 | 1,4,-diene-3-one), | ||||||
22 | (xiii) boldione (androsta-1,4- | ||||||
23 | diene-3,17-dione), | ||||||
24 | (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 | ||||||
25 | [beta]-hydroxyandrost-4-en-3-one), | ||||||
26 | (xv) clostebol (4-chloro-17[beta]- |
| |||||||
| |||||||
1 | hydroxyandrost-4-en-3-one), | ||||||
2 | (xvi) dehydrochloromethyltestosterone (4-chloro- | ||||||
3 | 17[beta]-hydroxy-17[alpha]-methyl- | ||||||
4 | androst-1,4-dien-3-one), | ||||||
5 | (xvii) desoxymethyltestosterone | ||||||
6 | (17[alpha]-methyl-5[alpha] | ||||||
7 | -androst-2-en-17[beta]-ol)(a.k.a., madol), | ||||||
8 | (xviii) [delta]1-dihydrotestosterone (a.k.a. | ||||||
9 | '1-testosterone') (17[beta]-hydroxy- | ||||||
10 | 5[alpha]-androst-1-en-3-one), | ||||||
11 | (xix) 4-dihydrotestosterone (17[beta]-hydroxy- | ||||||
12 | androstan-3-one), | ||||||
13 | (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- | ||||||
14 | 5[alpha]-androstan-3-one), | ||||||
15 | (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- | ||||||
16 | hydroxyestr-4-ene), | ||||||
17 | (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- | ||||||
18 | 1[beta],17[beta]-dihydroxyandrost-4-en-3-one), | ||||||
19 | (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], | ||||||
20 | 17[beta]-dihydroxyandrost-1,4-dien-3-one), | ||||||
21 | (xxiv) furazabol (17[alpha]-methyl-17[beta]- | ||||||
22 | hydroxyandrostano[2,3-c]-furazan), | ||||||
23 | (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one, | ||||||
24 | (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- | ||||||
25 | androst-4-en-3-one), | ||||||
26 | (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- |
| |||||||
| |||||||
1 | dihydroxy-estr-4-en-3-one), | ||||||
2 | (xxviii) mestanolone (17[alpha]-methyl-17[beta]- | ||||||
3 | hydroxy-5-androstan-3-one), | ||||||
4 | (xxix) mesterolone (1amethyl-17[beta]-hydroxy- | ||||||
5 | [5a]-androstan-3-one), | ||||||
6 | (xxx) methandienone (17[alpha]-methyl-17[beta]- | ||||||
7 | hydroxyandrost-1,4-dien-3-one), | ||||||
8 | (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- | ||||||
9 | dihydroxyandrost-5-ene), | ||||||
10 | (xxxii) methenolone (1-methyl-17[beta]-hydroxy- | ||||||
11 | 5[alpha]-androst-1-en-3-one), | ||||||
12 | (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- | ||||||
13 | dihydroxy-5a-androstane, | ||||||
14 | (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy | ||||||
15 | -5a-androstane, | ||||||
16 | (xxxv) 17[alpha]-methyl-3[beta],17[beta]- | ||||||
17 | dihydroxyandrost-4-ene), | ||||||
18 | (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- | ||||||
19 | methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), | ||||||
20 | (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- | ||||||
21 | hydroxyestra-4,9(10)-dien-3-one), | ||||||
22 | (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- | ||||||
23 | hydroxyestra-4,9-11-trien-3-one), | ||||||
24 | (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- | ||||||
25 | hydroxyandrost-4-en-3-one), | ||||||
26 | (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- |
| |||||||
| |||||||
1 | hydroxyestr-4-en-3-one), | ||||||
2 | (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | ||||||
3 | (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- | ||||||
4 | androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- | ||||||
5 | 1-testosterone'), | ||||||
6 | (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), | ||||||
7 | (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- | ||||||
8 | dihydroxyestr-4-ene), | ||||||
9 | (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- | ||||||
10 | dihydroxyestr-4-ene), | ||||||
11 | (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- | ||||||
12 | dihydroxyestr-5-ene), | ||||||
13 | (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- | ||||||
14 | dihydroxyestr-5-ene), | ||||||
15 | (xlvii) 19-nor-4,9(10)-androstadienedione | ||||||
16 | (estra-4,9(10)-diene-3,17-dione), | ||||||
17 | (xlviii) 19-nor-4-androstenedione (estr-4- | ||||||
18 | en-3,17-dione), | ||||||
19 | (xlix) 19-nor-5-androstenedione (estr-5- | ||||||
20 | en-3,17-dione), | ||||||
21 | (l) norbolethone (13[beta], 17a-diethyl-17[beta]- | ||||||
22 | hydroxygon-4-en-3-one), | ||||||
23 | (li) norclostebol (4-chloro-17[beta]- | ||||||
24 | hydroxyestr-4-en-3-one), | ||||||
25 | (lii) norethandrolone (17[alpha]-ethyl-17[beta]- | ||||||
26 | hydroxyestr-4-en-3-one), |
| |||||||
| |||||||
1 | (liii) normethandrolone (17[alpha]-methyl-17[beta]- | ||||||
2 | hydroxyestr-4-en-3-one), | ||||||
3 | (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- | ||||||
4 | 2-oxa-5[alpha]-androstan-3-one), | ||||||
5 | (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- | ||||||
6 | dihydroxyandrost-4-en-3-one), | ||||||
7 | (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- | ||||||
8 | 17[beta]-hydroxy-(5[alpha]-androstan-3-one), | ||||||
9 | (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- | ||||||
10 | (5[alpha]-androst-2-eno[3,2-c]-pyrazole), | ||||||
11 | (lviii) stenbolone (17[beta]-hydroxy-2-methyl- | ||||||
12 | (5[alpha]-androst-1-en-3-one), | ||||||
13 | (lix) testolactone (13-hydroxy-3-oxo-13,17- | ||||||
14 | secoandrosta-1,4-dien-17-oic | ||||||
15 | acid lactone), | ||||||
16 | (lx) testosterone (17[beta]-hydroxyandrost- | ||||||
17 | 4-en-3-one), | ||||||
18 | (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- | ||||||
19 | diethyl-17[beta]-hydroxygon- | ||||||
20 | 4,9,11-trien-3-one), | ||||||
21 | (lxii) trenbolone (17[beta]-hydroxyestr-4,9, | ||||||
22 | 11-trien-3-one).
| ||||||
23 | Any person who is otherwise lawfully in possession of an | ||||||
24 | anabolic
steroid, or who otherwise lawfully manufactures, | ||||||
25 | distributes, dispenses,
delivers, or possesses with intent to | ||||||
26 | deliver an anabolic steroid, which
anabolic steroid is |
| |||||||
| |||||||
1 | expressly intended for and lawfully allowed to be
administered | ||||||
2 | through implants to livestock or other nonhuman species, and
| ||||||
3 | which is approved by the Secretary of Health and Human | ||||||
4 | Services for such
administration, and which the person intends | ||||||
5 | to administer or have
administered through such implants, | ||||||
6 | shall not be considered to be in
unauthorized possession or to | ||||||
7 | unlawfully manufacture, distribute, dispense,
deliver, or | ||||||
8 | possess with intent to deliver such anabolic steroid for
| ||||||
9 | purposes of this Act.
| ||||||
10 | (d) "Administration" means the Drug Enforcement | ||||||
11 | Administration,
United States Department of Justice, or its | ||||||
12 | successor agency.
| ||||||
13 | (d-5) "Clinical Director, Prescription Monitoring Program" | ||||||
14 | means a Department of Human Services administrative employee | ||||||
15 | licensed to either prescribe or dispense controlled substances | ||||||
16 | who shall run the clinical aspects of the Department of Human | ||||||
17 | Services Prescription Monitoring Program and its Prescription | ||||||
18 | Information Library. | ||||||
19 | (d-10) "Compounding" means the preparation and mixing of | ||||||
20 | components, excluding flavorings, (1) as the result of a | ||||||
21 | prescriber's prescription drug order or initiative based on | ||||||
22 | the prescriber-patient-pharmacist relationship in the course | ||||||
23 | of professional practice or (2) for the purpose of, or | ||||||
24 | incident to, research, teaching, or chemical analysis and not | ||||||
25 | for sale or dispensing. "Compounding" includes the preparation | ||||||
26 | of drugs or devices in anticipation of receiving prescription |
| |||||||
| |||||||
1 | drug orders based on routine, regularly observed dispensing | ||||||
2 | patterns. Commercially available products may be compounded | ||||||
3 | for dispensing to individual patients only if both of the | ||||||
4 | following conditions are met: (i) the commercial product is | ||||||
5 | not reasonably available from normal distribution channels in | ||||||
6 | a timely manner to meet the patient's needs and (ii) the | ||||||
7 | prescribing practitioner has requested that the drug be | ||||||
8 | compounded. | ||||||
9 | (e) "Control" means to add a drug or other substance, or | ||||||
10 | immediate
precursor, to a Schedule whether by
transfer from | ||||||
11 | another Schedule or otherwise.
| ||||||
12 | (f) "Controlled Substance" means (i) a drug, substance, | ||||||
13 | immediate
precursor, or synthetic drug in the Schedules of | ||||||
14 | Article II of this Act or (ii) a drug or other substance, or | ||||||
15 | immediate precursor, designated as a controlled substance by | ||||||
16 | the Department through administrative rule. The term does not | ||||||
17 | include distilled spirits, wine, malt beverages, or tobacco, | ||||||
18 | as those terms are
defined or used in the Liquor Control Act of | ||||||
19 | 1934 and the Tobacco Products Tax
Act of 1995.
| ||||||
20 | (f-5) "Controlled substance analog" means a substance: | ||||||
21 | (1) the chemical structure of which is substantially | ||||||
22 | similar to the chemical structure of a controlled | ||||||
23 | substance in Schedule I or II; | ||||||
24 | (2) which has a stimulant, depressant, or | ||||||
25 | hallucinogenic effect on the central nervous system that | ||||||
26 | is substantially similar to or greater than the stimulant, |
| |||||||
| |||||||
1 | depressant, or hallucinogenic effect on the central | ||||||
2 | nervous system of a controlled substance in Schedule I or | ||||||
3 | II; or | ||||||
4 | (3) with respect to a particular person, which such | ||||||
5 | person represents or intends to have a stimulant, | ||||||
6 | depressant, or hallucinogenic effect on the central | ||||||
7 | nervous system that is substantially similar to or greater | ||||||
8 | than the stimulant, depressant, or hallucinogenic effect | ||||||
9 | on the central nervous system of a controlled substance in | ||||||
10 | Schedule I or II. | ||||||
11 | (g) "Counterfeit substance" means a controlled substance, | ||||||
12 | which, or
the container or labeling of which, without | ||||||
13 | authorization bears the
trademark, trade name, or other | ||||||
14 | identifying mark, imprint, number or
device, or any likeness | ||||||
15 | thereof, of a manufacturer, distributor, or
dispenser other | ||||||
16 | than the person who in fact manufactured, distributed,
or | ||||||
17 | dispensed the substance.
| ||||||
18 | (h) "Deliver" or "delivery" means the actual, constructive | ||||||
19 | or
attempted transfer of possession of a controlled substance, | ||||||
20 | with or
without consideration, whether or not there is an | ||||||
21 | agency relationship.
"Deliver" or "delivery" does not include
| ||||||
22 | the donation of drugs to the extent permitted
under the | ||||||
23 | Illinois Drug Reuse Opportunity Program Act.
| ||||||
24 | (i) "Department" means the Illinois Department of Human | ||||||
25 | Services (as
successor to the Department of Alcoholism and | ||||||
26 | Substance Abuse) or its successor agency.
|
| |||||||
| |||||||
1 | (j) (Blank).
| ||||||
2 | (k) "Department of Corrections" means the Department of | ||||||
3 | Corrections
of the State of Illinois or its successor agency.
| ||||||
4 | (l) "Department of Financial and Professional Regulation" | ||||||
5 | means the Department
of Financial and Professional Regulation | ||||||
6 | of the State of Illinois or its successor agency.
| ||||||
7 | (m) "Depressant" means any drug that (i) causes an overall | ||||||
8 | depression of central nervous system functions, (ii) causes | ||||||
9 | impaired consciousness and awareness, and (iii) can be | ||||||
10 | habit-forming or lead to a substance abuse problem, including , | ||||||
11 | but not limited to , alcohol, cannabis and its active | ||||||
12 | principles and their analogs, benzodiazepines and their | ||||||
13 | analogs, barbiturates and their analogs, opioids (natural and | ||||||
14 | synthetic) and their analogs, and chloral hydrate and similar | ||||||
15 | sedative hypnotics.
| ||||||
16 | (n) (Blank).
| ||||||
17 | (o) "Director" means the Director of the Illinois State | ||||||
18 | Police or his or her designated agents.
| ||||||
19 | (p) "Dispense" means to deliver a controlled substance to | ||||||
20 | an
ultimate user or research subject by or pursuant to the | ||||||
21 | lawful order of
a prescriber, including the prescribing, | ||||||
22 | administering, packaging,
labeling, or compounding necessary | ||||||
23 | to prepare the substance for that
delivery.
| ||||||
24 | (q) "Dispenser" means a practitioner who dispenses.
| ||||||
25 | (r) "Distribute" means to deliver, other than by | ||||||
26 | administering or
dispensing, a controlled substance.
|
| |||||||
| |||||||
1 | (s) "Distributor" means a person who distributes.
| ||||||
2 | (t) "Drug" means (1) substances recognized as drugs in the | ||||||
3 | official
United States Pharmacopoeia, Official Homeopathic | ||||||
4 | Pharmacopoeia of the
United States, or official National | ||||||
5 | Formulary, or any supplement to any
of them; (2) substances | ||||||
6 | intended for use in diagnosis, cure, mitigation,
treatment, or | ||||||
7 | prevention of disease in man or animals; (3) substances
(other | ||||||
8 | than food) intended to affect the structure of any function of
| ||||||
9 | the body of man or animals and (4) substances intended for use | ||||||
10 | as a
component of any article specified in clause (1), (2), or | ||||||
11 | (3) of this
subsection. It does not include devices or their | ||||||
12 | components, parts, or
accessories.
| ||||||
13 | (t-3) "Electronic health record" or "EHR" means an | ||||||
14 | electronic record of health-related information on an | ||||||
15 | individual that is created, gathered, managed, and consulted | ||||||
16 | by authorized health care clinicians and staff. | ||||||
17 | (t-3.5) "Electronic health record system" or "EHR system" | ||||||
18 | means any computer-based system or combination of federally | ||||||
19 | certified Health IT Modules (defined at 42 CFR 170.102 or its | ||||||
20 | successor) used as a repository for electronic health records | ||||||
21 | and accessed or updated by a prescriber or authorized | ||||||
22 | surrogate in the ordinary course of his or her medical | ||||||
23 | practice. For purposes of connecting to the Prescription | ||||||
24 | Information Library maintained by the Bureau of Pharmacy and | ||||||
25 | Clinical Support Systems or its successor, an EHR system may | ||||||
26 | connect to the Prescription Information Library directly or |
| |||||||
| |||||||
1 | through all or part of a computer program or system that is a | ||||||
2 | federally certified Health IT Module maintained by a third | ||||||
3 | party and used by the EHR system to secure access to the | ||||||
4 | database. | ||||||
5 | (t-4) "Emergency medical services personnel" has the | ||||||
6 | meaning ascribed to it in the Emergency Medical Services (EMS) | ||||||
7 | Systems Act. | ||||||
8 | (t-5) "Euthanasia agency" means
an entity certified by the | ||||||
9 | Department of Financial and Professional Regulation for the
| ||||||
10 | purpose of animal euthanasia that holds an animal control | ||||||
11 | facility license or
animal
shelter license under the Animal | ||||||
12 | Welfare Act. A euthanasia agency is
authorized to purchase, | ||||||
13 | store, possess, and utilize Schedule II nonnarcotic and
| ||||||
14 | Schedule III nonnarcotic drugs for the sole purpose of animal | ||||||
15 | euthanasia.
| ||||||
16 | (t-10) "Euthanasia drugs" means Schedule II or Schedule | ||||||
17 | III substances
(nonnarcotic controlled substances) that are | ||||||
18 | used by a euthanasia agency for
the purpose of animal | ||||||
19 | euthanasia.
| ||||||
20 | (u) "Good faith" means the prescribing or dispensing of a | ||||||
21 | controlled
substance by a practitioner in the regular course | ||||||
22 | of professional
treatment to or for any person who is under his | ||||||
23 | or her treatment for a
pathology or condition other than that | ||||||
24 | individual's physical or
psychological dependence upon or | ||||||
25 | addiction to a controlled substance,
except as provided | ||||||
26 | herein: and application of the term to a pharmacist
shall mean |
| |||||||
| |||||||
1 | the dispensing of a controlled substance pursuant to the
| ||||||
2 | prescriber's order which in the professional judgment of the | ||||||
3 | pharmacist
is lawful. The pharmacist shall be guided by | ||||||
4 | accepted professional
standards , including, but not limited | ||||||
5 | to , the following, in making the
judgment:
| ||||||
6 | (1) lack of consistency of prescriber-patient | ||||||
7 | relationship,
| ||||||
8 | (2) frequency of prescriptions for same drug by one | ||||||
9 | prescriber for
large numbers of patients,
| ||||||
10 | (3) quantities beyond those normally prescribed,
| ||||||
11 | (4) unusual dosages (recognizing that there may be | ||||||
12 | clinical circumstances where more or less than the usual | ||||||
13 | dose may be used legitimately),
| ||||||
14 | (5) unusual geographic distances between patient, | ||||||
15 | pharmacist and
prescriber,
| ||||||
16 | (6) consistent prescribing of habit-forming drugs.
| ||||||
17 | (u-0.5) "Hallucinogen" means a drug that causes markedly | ||||||
18 | altered sensory perception leading to hallucinations of any | ||||||
19 | type. | ||||||
20 | (u-1) "Home infusion services" means services provided by | ||||||
21 | a pharmacy in
compounding solutions for direct administration | ||||||
22 | to a patient in a private
residence, long-term care facility, | ||||||
23 | or hospice setting by means of parenteral,
intravenous, | ||||||
24 | intramuscular, subcutaneous, or intraspinal infusion.
| ||||||
25 | (u-5) "Illinois State Police" means the Illinois State
| ||||||
26 | Police or its successor agency. |
| |||||||
| |||||||
1 | (v) "Immediate precursor" means a substance:
| ||||||
2 | (1) which the Department has found to be and by rule | ||||||
3 | designated as
being a principal compound used, or produced | ||||||
4 | primarily for use, in the
manufacture of a controlled | ||||||
5 | substance;
| ||||||
6 | (2) which is an immediate chemical intermediary used | ||||||
7 | or likely to
be used in the manufacture of such controlled | ||||||
8 | substance; and
| ||||||
9 | (3) the control of which is necessary to prevent, | ||||||
10 | curtail or limit
the manufacture of such controlled | ||||||
11 | substance.
| ||||||
12 | (w) "Instructional activities" means the acts of teaching, | ||||||
13 | educating
or instructing by practitioners using controlled | ||||||
14 | substances within
educational facilities approved by the State | ||||||
15 | Board of Education or
its successor agency.
| ||||||
16 | (x) "Local authorities" means a duly organized State, | ||||||
17 | County or
Municipal peace unit or police force.
| ||||||
18 | (y) "Look-alike substance" means a substance, other than a | ||||||
19 | controlled
substance which (1) by overall dosage unit | ||||||
20 | appearance, including shape,
color, size, markings or lack | ||||||
21 | thereof, taste, consistency, or any other
identifying physical | ||||||
22 | characteristic of the substance, would lead a reasonable
| ||||||
23 | person to believe that the substance is a controlled | ||||||
24 | substance, or (2) is
expressly or impliedly represented to be | ||||||
25 | a controlled substance or is
distributed under circumstances | ||||||
26 | which would lead a reasonable person to
believe that the |
| |||||||
| |||||||
1 | substance is a controlled substance. For the purpose of
| ||||||
2 | determining whether the representations made or the | ||||||
3 | circumstances of the
distribution would lead a reasonable | ||||||
4 | person to believe the substance to be
a controlled substance | ||||||
5 | under this clause (2) of subsection (y), the court or
other | ||||||
6 | authority may consider the following factors in addition to | ||||||
7 | any other
factor that may be relevant:
| ||||||
8 | (a) statements made by the owner or person in control | ||||||
9 | of the substance
concerning its nature, use or effect;
| ||||||
10 | (b) statements made to the buyer or recipient that the | ||||||
11 | substance may
be resold for profit;
| ||||||
12 | (c) whether the substance is packaged in a manner | ||||||
13 | normally used for the
illegal distribution of controlled | ||||||
14 | substances;
| ||||||
15 | (d) whether the distribution or attempted distribution | ||||||
16 | included an
exchange of or demand for money or other | ||||||
17 | property as consideration, and
whether the amount of the | ||||||
18 | consideration was substantially greater than the
| ||||||
19 | reasonable retail market value of the substance.
| ||||||
20 | Clause (1) of this subsection (y) shall not apply to a | ||||||
21 | noncontrolled
substance in its finished dosage form that was | ||||||
22 | initially introduced into
commerce prior to the initial | ||||||
23 | introduction into commerce of a controlled
substance in its | ||||||
24 | finished dosage form which it may substantially resemble.
| ||||||
25 | Nothing in this subsection (y) prohibits the dispensing or | ||||||
26 | distributing
of noncontrolled substances by persons authorized |
| |||||||
| |||||||
1 | to dispense and
distribute controlled substances under this | ||||||
2 | Act, provided that such action
would be deemed to be carried | ||||||
3 | out in good faith under subsection (u) if the
substances | ||||||
4 | involved were controlled substances.
| ||||||
5 | Nothing in this subsection (y) or in this Act prohibits | ||||||
6 | the manufacture,
preparation, propagation, compounding, | ||||||
7 | processing, packaging, advertising
or distribution of a drug | ||||||
8 | or drugs by any person registered pursuant to
Section 510 of | ||||||
9 | the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| ||||||
10 | (y-1) "Mail-order pharmacy" means a pharmacy that is | ||||||
11 | located in a state
of the United States that delivers, | ||||||
12 | dispenses or
distributes, through the United States Postal | ||||||
13 | Service or other common
carrier, to Illinois residents, any | ||||||
14 | substance which requires a prescription.
| ||||||
15 | (z) "Manufacture" means the production, preparation, | ||||||
16 | propagation,
compounding, conversion or processing of a | ||||||
17 | controlled substance other than methamphetamine, either
| ||||||
18 | directly or indirectly, by extraction from substances of | ||||||
19 | natural origin,
or independently by means of chemical | ||||||
20 | synthesis, or by a combination of
extraction and chemical | ||||||
21 | synthesis, and includes any packaging or
repackaging of the | ||||||
22 | substance or labeling of its container, except that
this term | ||||||
23 | does not include:
| ||||||
24 | (1) by an ultimate user, the preparation or | ||||||
25 | compounding of a
controlled substance for his or her own | ||||||
26 | use;
|
| |||||||
| |||||||
1 | (2) by a practitioner, or his or her authorized agent | ||||||
2 | under his or her
supervision, the preparation, | ||||||
3 | compounding, packaging, or labeling of a
controlled | ||||||
4 | substance:
| ||||||
5 | (a) as an incident to his or her administering or | ||||||
6 | dispensing of a
controlled substance in the course of | ||||||
7 | his or her professional practice; or
| ||||||
8 | (b) as an incident to lawful research, teaching or | ||||||
9 | chemical
analysis and not for sale; or
| ||||||
10 | (3) the packaging, repackaging, or labeling of
drugs | ||||||
11 | only to the extent permitted under the
Illinois Drug Reuse | ||||||
12 | Opportunity Program Act.
| ||||||
13 | (z-1) (Blank).
| ||||||
14 | (z-5) "Medication shopping" means the conduct prohibited | ||||||
15 | under subsection (a) of Section 314.5 of this Act. | ||||||
16 | (z-10) "Mid-level practitioner" means (i) a physician | ||||||
17 | assistant who has been delegated authority to prescribe | ||||||
18 | through a written delegation of authority by a physician | ||||||
19 | licensed to practice medicine in all of its branches, in | ||||||
20 | accordance with Section 7.5 of the Physician Assistant | ||||||
21 | Practice Act of 1987, (ii) an advanced practice registered | ||||||
22 | nurse who has been delegated authority to prescribe through a | ||||||
23 | written delegation of authority by a physician licensed to | ||||||
24 | practice medicine in all of its branches or by a podiatric | ||||||
25 | physician, in accordance with Section 65-40 of the Nurse | ||||||
26 | Practice Act, (iii) an advanced practice registered nurse |
| |||||||
| |||||||
1 | certified as a nurse practitioner, nurse midwife, or clinical | ||||||
2 | nurse specialist who has been granted authority to prescribe | ||||||
3 | by a hospital affiliate in accordance with Section 65-45 of | ||||||
4 | the Nurse Practice Act, (iv) an animal euthanasia agency, or | ||||||
5 | (v) a prescribing psychologist. | ||||||
6 | (aa) "Narcotic drug" means any of the following, whether | ||||||
7 | produced
directly or indirectly by extraction from substances | ||||||
8 | of vegetable origin,
or independently by means of chemical | ||||||
9 | synthesis, or by a combination of
extraction and chemical | ||||||
10 | synthesis:
| ||||||
11 | (1) opium, opiates, derivatives of opium and opiates, | ||||||
12 | including their isomers, esters, ethers, salts, and salts | ||||||
13 | of isomers, esters, and ethers, whenever the existence of | ||||||
14 | such isomers, esters, ethers, and salts is possible within | ||||||
15 | the specific chemical designation; however the term | ||||||
16 | "narcotic drug" does not include the isoquinoline | ||||||
17 | alkaloids of opium;
| ||||||
18 | (2) (blank);
| ||||||
19 | (3) opium poppy and poppy straw;
| ||||||
20 | (4) coca leaves, except coca leaves and extracts of | ||||||
21 | coca leaves from which substantially all of the cocaine | ||||||
22 | and ecgonine, and their isomers, derivatives and salts, | ||||||
23 | have been removed;
| ||||||
24 | (5) cocaine, its salts, optical and geometric isomers, | ||||||
25 | and salts of isomers; | ||||||
26 | (6) ecgonine, its derivatives, their salts, isomers, |
| |||||||
| |||||||
1 | and salts of isomers; | ||||||
2 | (7) any compound, mixture, or preparation which | ||||||
3 | contains any quantity of any of the substances referred to | ||||||
4 | in subparagraphs (1) through (6). | ||||||
5 | (bb) "Nurse" means a registered nurse licensed under the
| ||||||
6 | Nurse Practice Act.
| ||||||
7 | (cc) (Blank).
| ||||||
8 | (dd) "Opiate" means any substance having an addiction | ||||||
9 | forming or
addiction sustaining liability similar to morphine | ||||||
10 | or being capable of
conversion into a drug having addiction | ||||||
11 | forming or addiction sustaining
liability.
| ||||||
12 | (ee) "Opium poppy" means the plant of the species Papaver
| ||||||
13 | somniferum L., except its seeds.
| ||||||
14 | (ee-5) "Oral dosage" means a tablet, capsule, elixir, or | ||||||
15 | solution or other liquid form of medication intended for | ||||||
16 | administration by mouth, but the term does not include a form | ||||||
17 | of medication intended for buccal, sublingual, or transmucosal | ||||||
18 | administration. | ||||||
19 | (ff) "Parole and Pardon Board" means the Parole and Pardon | ||||||
20 | Board of
the State of Illinois or its successor agency.
| ||||||
21 | (gg) "Person" means any individual, corporation, | ||||||
22 | mail-order pharmacy,
government or governmental subdivision or | ||||||
23 | agency, business trust, estate,
trust, partnership or | ||||||
24 | association, or any other entity.
| ||||||
25 | (hh) "Pharmacist" means any person who holds a license or | ||||||
26 | certificate of
registration as a registered pharmacist, a |
| |||||||
| |||||||
1 | local registered pharmacist
or a registered assistant | ||||||
2 | pharmacist under the Pharmacy Practice Act.
| ||||||
3 | (ii) "Pharmacy" means any store, ship or other place in | ||||||
4 | which
pharmacy is authorized to be practiced under the | ||||||
5 | Pharmacy Practice Act.
| ||||||
6 | (ii-5) "Pharmacy shopping" means the conduct prohibited | ||||||
7 | under subsection (b) of Section 314.5 of this Act. | ||||||
8 | (ii-10) "Physician" (except when the context otherwise | ||||||
9 | requires) means a person licensed to practice medicine in all | ||||||
10 | of its branches. | ||||||
11 | (jj) "Poppy straw" means all parts, except the seeds, of | ||||||
12 | the opium
poppy, after mowing.
| ||||||
13 | (kk) "Practitioner" means a physician licensed to practice | ||||||
14 | medicine in all
its branches, dentist, optometrist, podiatric | ||||||
15 | physician,
veterinarian, scientific investigator, pharmacist, | ||||||
16 | physician assistant,
advanced practice registered nurse,
| ||||||
17 | licensed practical
nurse, registered nurse, emergency medical | ||||||
18 | services personnel, hospital, laboratory, or pharmacy, or | ||||||
19 | other
person licensed, registered, or otherwise lawfully | ||||||
20 | permitted by the
United States or this State to distribute, | ||||||
21 | dispense, conduct research
with respect to, administer or use | ||||||
22 | in teaching or chemical analysis, a
controlled substance in | ||||||
23 | the course of professional practice or research.
| ||||||
24 | (ll) "Pre-printed prescription" means a written | ||||||
25 | prescription upon which
the designated drug has been indicated | ||||||
26 | prior to the time of issuance; the term does not mean a written |
| |||||||
| |||||||
1 | prescription that is individually generated by machine or | ||||||
2 | computer in the prescriber's office.
| ||||||
3 | (mm) "Prescriber" means a physician licensed to practice | ||||||
4 | medicine in all
its branches, dentist, optometrist, | ||||||
5 | prescribing psychologist licensed under Section 4.2 of the | ||||||
6 | Clinical Psychologist Licensing Act with prescriptive | ||||||
7 | authority delegated under Section 4.3 of the Clinical | ||||||
8 | Psychologist Licensing Act, podiatric physician, or
| ||||||
9 | veterinarian who issues a prescription, a physician assistant | ||||||
10 | who
issues a
prescription for a controlled substance
in | ||||||
11 | accordance
with Section 303.05, a written delegation, and a | ||||||
12 | written collaborative agreement required under Section 7.5
of | ||||||
13 | the
Physician Assistant Practice Act of 1987, an advanced | ||||||
14 | practice registered
nurse with prescriptive authority | ||||||
15 | delegated under Section 65-40 of the Nurse Practice Act and in | ||||||
16 | accordance with Section 303.05, a written delegation,
and a | ||||||
17 | written
collaborative agreement under Section 65-35 of the | ||||||
18 | Nurse Practice Act, an advanced practice registered nurse | ||||||
19 | certified as a nurse practitioner, nurse midwife, or clinical | ||||||
20 | nurse specialist who has been granted authority to prescribe | ||||||
21 | by a hospital affiliate in accordance with Section 65-45 of | ||||||
22 | the Nurse Practice Act and in accordance with Section 303.05, | ||||||
23 | or an advanced practice registered nurse certified as a nurse | ||||||
24 | practitioner, nurse midwife, or clinical nurse specialist who | ||||||
25 | has full practice authority pursuant to Section 65-43 of the | ||||||
26 | Nurse Practice Act.
|
| |||||||
| |||||||
1 | (nn) "Prescription" means a written, facsimile, or oral | ||||||
2 | order, or an electronic order that complies with applicable | ||||||
3 | federal requirements,
of
a physician licensed to practice | ||||||
4 | medicine in all its branches,
dentist, podiatric physician or | ||||||
5 | veterinarian for any controlled
substance, of an optometrist | ||||||
6 | in accordance with Section 15.1 of the Illinois Optometric | ||||||
7 | Practice Act of 1987, of a prescribing psychologist licensed | ||||||
8 | under Section 4.2 of the Clinical Psychologist Licensing Act | ||||||
9 | with prescriptive authority delegated under Section 4.3 of the | ||||||
10 | Clinical Psychologist Licensing Act, of a physician assistant | ||||||
11 | for a
controlled substance
in accordance with Section 303.05, | ||||||
12 | a written delegation, and a written collaborative agreement | ||||||
13 | required under
Section 7.5 of the
Physician Assistant Practice | ||||||
14 | Act of 1987, of an advanced practice registered
nurse with | ||||||
15 | prescriptive authority delegated under Section 65-40 of the | ||||||
16 | Nurse Practice Act who issues a prescription for a
controlled | ||||||
17 | substance in accordance
with
Section 303.05, a written | ||||||
18 | delegation, and a written collaborative agreement under | ||||||
19 | Section 65-35 of the Nurse Practice Act, of an advanced | ||||||
20 | practice registered nurse certified as a nurse practitioner, | ||||||
21 | nurse midwife, or clinical nurse specialist who has been | ||||||
22 | granted authority to prescribe by a hospital affiliate in | ||||||
23 | accordance with Section 65-45 of the Nurse Practice Act and in | ||||||
24 | accordance with Section 303.05 when required by law, or of an | ||||||
25 | advanced practice registered nurse certified as a nurse | ||||||
26 | practitioner, nurse midwife, or clinical nurse specialist who |
| |||||||
| |||||||
1 | has full practice authority pursuant to Section 65-43 of the | ||||||
2 | Nurse Practice Act.
| ||||||
3 | (nn-5) "Prescription Information Library" (PIL) means an | ||||||
4 | electronic library that contains reported controlled substance | ||||||
5 | data. | ||||||
6 | (nn-10) "Prescription Monitoring Program" (PMP) means the | ||||||
7 | entity that collects, tracks, and stores reported data on | ||||||
8 | controlled substances and select drugs pursuant to Section | ||||||
9 | 316. | ||||||
10 | (oo) "Production" or "produce" means manufacture, | ||||||
11 | planting,
cultivating, growing, or harvesting of a controlled | ||||||
12 | substance other than methamphetamine.
| ||||||
13 | (pp) "Registrant" means every person who is required to | ||||||
14 | register
under Section 302 of this Act.
| ||||||
15 | (qq) "Registry number" means the number assigned to each | ||||||
16 | person
authorized to handle controlled substances under the | ||||||
17 | laws of the United
States and of this State.
| ||||||
18 | (qq-5) "Secretary" means, as the context requires, either | ||||||
19 | the Secretary of the Department or the Secretary of the | ||||||
20 | Department of Financial and Professional Regulation, and the | ||||||
21 | Secretary's designated agents. | ||||||
22 | (rr) "State" includes the State of Illinois and any state, | ||||||
23 | district,
commonwealth, territory, insular possession thereof, | ||||||
24 | and any area
subject to the legal authority of the United | ||||||
25 | States of America.
| ||||||
26 | (rr-5) "Stimulant" means any drug that (i) causes an |
| |||||||
| |||||||
1 | overall excitation of central nervous system functions, (ii) | ||||||
2 | causes impaired consciousness and awareness, and (iii) can be | ||||||
3 | habit-forming or lead to a substance abuse problem, including , | ||||||
4 | but not limited to , amphetamines and their analogs, | ||||||
5 | methylphenidate and its analogs, cocaine, and phencyclidine | ||||||
6 | and its analogs. | ||||||
7 | (rr-10) "Synthetic drug" includes, but is not limited to, | ||||||
8 | any synthetic cannabinoids or piperazines or any synthetic | ||||||
9 | cathinones as provided for in Schedule I. | ||||||
10 | (ss) "Ultimate user" means a person who lawfully possesses | ||||||
11 | a
controlled substance for his or her own use or for the use of | ||||||
12 | a member of his or her
household or for administering to an | ||||||
13 | animal owned by him or her or by a member
of his or her | ||||||
14 | household.
| ||||||
15 | (Source: P.A. 101-666, eff. 1-1-22; 102-389, eff. 1-1-22; | ||||||
16 | 102-538, eff. 8-20-21; revised 9-22-21.)
| ||||||
17 | (720 ILCS 570/316)
| ||||||
18 | Sec. 316. Prescription Monitoring Program. | ||||||
19 | (a) The Department must provide for a
Prescription | ||||||
20 | Monitoring Program for Schedule II, III, IV, and V controlled | ||||||
21 | substances that includes the following components and | ||||||
22 | requirements:
| ||||||
23 | (1) The
dispenser must transmit to the
central | ||||||
24 | repository, in a form and manner specified by the | ||||||
25 | Department, the following information:
|
| |||||||
| |||||||
1 | (A) The recipient's name and address.
| ||||||
2 | (B) The recipient's date of birth and gender.
| ||||||
3 | (C) The national drug code number of the | ||||||
4 | controlled
substance
dispensed.
| ||||||
5 | (D) The date the controlled substance is | ||||||
6 | dispensed.
| ||||||
7 | (E) The quantity of the controlled substance | ||||||
8 | dispensed and days supply.
| ||||||
9 | (F) The dispenser's United States Drug Enforcement | ||||||
10 | Administration
registration number.
| ||||||
11 | (G) The prescriber's United States Drug | ||||||
12 | Enforcement Administration
registration number.
| ||||||
13 | (H) The dates the controlled substance | ||||||
14 | prescription is filled. | ||||||
15 | (I) The payment type used to purchase the | ||||||
16 | controlled substance (i.e. Medicaid, cash, third party | ||||||
17 | insurance). | ||||||
18 | (J) The patient location code (i.e. home, nursing | ||||||
19 | home, outpatient, etc.) for the controlled substances | ||||||
20 | other than those filled at a retail pharmacy. | ||||||
21 | (K) Any additional information that may be | ||||||
22 | required by the department by administrative rule, | ||||||
23 | including but not limited to information required for | ||||||
24 | compliance with the criteria for electronic reporting | ||||||
25 | of the American Society for Automation and Pharmacy or | ||||||
26 | its successor. |
| |||||||
| |||||||
1 | (2) The information required to be transmitted under | ||||||
2 | this Section must be
transmitted not later than the end of | ||||||
3 | the business day on which a
controlled substance is | ||||||
4 | dispensed, or at such other time as may be required by the | ||||||
5 | Department by administrative rule.
| ||||||
6 | (3) A dispenser must transmit the information required | ||||||
7 | under this Section
by:
| ||||||
8 | (3.5) The requirements of paragraphs (1), (2), and (3)
| ||||||
9 | of this subsection also apply to opioid treatment programs | ||||||
10 | that are
licensed or certified by the Department of Human | ||||||
11 | Services'
Division of Substance Use Prevention and | ||||||
12 | Recovery and are
authorized by the federal Drug | ||||||
13 | Enforcement Administration to
prescribe Schedule II, III, | ||||||
14 | IV, or V controlled substances for
the treatment of opioid | ||||||
15 | use disorders. Opioid treatment
programs shall attempt to | ||||||
16 | obtain written patient consent, shall document attempts to | ||||||
17 | obtain the written consent, and shall not transmit | ||||||
18 | information without patient
consent. Documentation | ||||||
19 | obtained under this paragraph shall not be utilized for | ||||||
20 | law
enforcement purposes, as proscribed under 42 CFR 2,
as | ||||||
21 | amended by 42 U.S.C. 290dd-2. Treatment of a patient
shall | ||||||
22 | not be conditioned upon his or her written consent. | ||||||
23 | (A) an electronic device compatible with the | ||||||
24 | receiving device of the
central repository;
| ||||||
25 | (B) a computer diskette;
| ||||||
26 | (C) a magnetic tape; or
|
| |||||||
| |||||||
1 | (D) a pharmacy universal claim form or Pharmacy | ||||||
2 | Inventory Control form.
| ||||||
3 | (3.5) The requirements of paragraphs (1), (2), and (3)
| ||||||
4 | of this subsection also apply to opioid treatment programs | ||||||
5 | that are
licensed or certified by the Department of Human | ||||||
6 | Services'
Division of Substance Use Prevention and | ||||||
7 | Recovery and are
authorized by the federal Drug | ||||||
8 | Enforcement Administration to
prescribe Schedule II, III, | ||||||
9 | IV, or V controlled substances for
the treatment of opioid | ||||||
10 | use disorders. Opioid treatment
programs shall attempt to | ||||||
11 | obtain written patient consent, shall document attempts to | ||||||
12 | obtain the written consent, and shall not transmit | ||||||
13 | information without patient
consent. Documentation | ||||||
14 | obtained under this paragraph shall not be utilized for | ||||||
15 | law
enforcement purposes, as proscribed under 42 CFR 2,
as | ||||||
16 | amended by 42 U.S.C. 290dd-2. Treatment of a patient
shall | ||||||
17 | not be conditioned upon his or her written consent. | ||||||
18 | (4) The Department may impose a civil fine of up to | ||||||
19 | $100 per day for willful failure to report controlled | ||||||
20 | substance dispensing to the Prescription Monitoring | ||||||
21 | Program. The fine shall be calculated on no more than the | ||||||
22 | number of days from the time the report was required to be | ||||||
23 | made until the time the problem was resolved, and shall be | ||||||
24 | payable to the Prescription Monitoring Program.
| ||||||
25 | (a-5) Notwithstanding subsection (a), a licensed | ||||||
26 | veterinarian is exempt from the reporting requirements of this |
| |||||||
| |||||||
1 | Section. If a person who is presenting an animal for treatment | ||||||
2 | is suspected of fraudulently obtaining any controlled | ||||||
3 | substance or prescription for a controlled substance, the | ||||||
4 | licensed veterinarian shall report that information to the | ||||||
5 | local law enforcement agency. | ||||||
6 | (b) The Department, by rule, may include in the | ||||||
7 | Prescription Monitoring Program certain other select drugs | ||||||
8 | that are not included in Schedule II, III, IV, or V. The | ||||||
9 | Prescription Monitoring Program does not apply to
controlled | ||||||
10 | substance prescriptions as exempted under Section
313.
| ||||||
11 | (c) The collection of data on select drugs and scheduled | ||||||
12 | substances by the Prescription Monitoring Program may be used | ||||||
13 | as a tool for addressing oversight requirements of long-term | ||||||
14 | care institutions as set forth by Public Act 96-1372. | ||||||
15 | Long-term care pharmacies shall transmit patient medication | ||||||
16 | profiles to the Prescription Monitoring Program monthly or | ||||||
17 | more frequently as established by administrative rule. | ||||||
18 | (d) The Department of Human Services shall appoint a | ||||||
19 | full-time Clinical Director of the Prescription Monitoring | ||||||
20 | Program. | ||||||
21 | (e) (Blank). | ||||||
22 | (f) Within one year of January 1, 2018 (the effective date | ||||||
23 | of Public Act 100-564), the Department shall adopt rules | ||||||
24 | requiring all Electronic Health Records Systems to interface | ||||||
25 | with the Prescription Monitoring Program application program | ||||||
26 | on or before January 1, 2021 to ensure that all providers have |
| |||||||
| |||||||
1 | access to specific patient records during the treatment of | ||||||
2 | their patients. These rules shall also address the electronic | ||||||
3 | integration of pharmacy records with the Prescription | ||||||
4 | Monitoring Program to allow for faster transmission of the | ||||||
5 | information required under this Section. The Department shall | ||||||
6 | establish actions to be taken if a prescriber's Electronic | ||||||
7 | Health Records System does not effectively interface with the | ||||||
8 | Prescription Monitoring Program within the required timeline. | ||||||
9 | (g) The Department, in consultation with the Prescription | ||||||
10 | Monitoring Program Advisory Committee, shall adopt rules | ||||||
11 | allowing licensed prescribers or pharmacists who have | ||||||
12 | registered to access the Prescription Monitoring Program to | ||||||
13 | authorize a licensed or non-licensed designee employed in that | ||||||
14 | licensed prescriber's office or a licensed designee in a | ||||||
15 | licensed pharmacist's pharmacy who has received training in | ||||||
16 | the federal Health Insurance Portability and Accountability | ||||||
17 | Act and 42 CFR 2 to consult the Prescription Monitoring | ||||||
18 | Program on their behalf. The rules shall include reasonable | ||||||
19 | parameters concerning a practitioner's authority to authorize | ||||||
20 | a designee, and the eligibility of a person to be selected as a | ||||||
21 | designee. In this subsection (g), "pharmacist" shall include a | ||||||
22 | clinical pharmacist employed by and designated by a Medicaid | ||||||
23 | Managed Care Organization providing services under Article V | ||||||
24 | of the Illinois Public Aid Code under a contract with the | ||||||
25 | Department of Healthcare and Family Services for the sole | ||||||
26 | purpose of clinical review of services provided to persons |
| |||||||
| |||||||
1 | covered by the entity under the contract to determine | ||||||
2 | compliance with subsections (a) and (b) of Section 314.5 of | ||||||
3 | this Act. A managed care entity pharmacist shall notify | ||||||
4 | prescribers of review activities. | ||||||
5 | (Source: P.A. 101-81, eff. 7-12-19; 101-414, eff. 8-16-19; | ||||||
6 | 102-527, eff. 8-20-21; revised 11-24-21.)
| ||||||
7 | Section 620. The Prevention of Tobacco Use by
Persons | ||||||
8 | under 21 Years of Age and Sale and Distribution of Tobacco | ||||||
9 | Products Act is amended by changing Section 1 as follows:
| ||||||
10 | (720 ILCS 675/1) (from Ch. 23, par. 2357)
| ||||||
11 | Sec. 1. Prohibition on sale of tobacco products, | ||||||
12 | electronic cigarettes, and alternative nicotine products to | ||||||
13 | persons under 21 years of age; prohibition on the distribution | ||||||
14 | of tobacco product samples, electronic cigarette samples, and | ||||||
15 | alternative nicotine product samples to any person; use of | ||||||
16 | identification cards; vending machines; lunch
wagons; | ||||||
17 | out-of-package sales.
| ||||||
18 | (a) No person shall sell, buy
for, distribute samples of | ||||||
19 | or furnish any tobacco product, electronic cigarette, or | ||||||
20 | alternative nicotine product to any person under 21 years of | ||||||
21 | age. | ||||||
22 | (a-5) No person under 16 years of
age may sell any tobacco | ||||||
23 | product, electronic cigarette, or alternative nicotine product | ||||||
24 | at a retail
establishment selling tobacco products, electronic
|
| |||||||
| |||||||
1 | cigarettes, or alternative nicotine products. This subsection | ||||||
2 | does not apply
to a sales clerk in a family-owned business | ||||||
3 | which can prove that the sales
clerk
is in fact a son or | ||||||
4 | daughter of the owner.
| ||||||
5 | (a-5.1) Before selling, offering for sale, giving, or
| ||||||
6 | furnishing a tobacco product, electronic cigarette, or | ||||||
7 | alternative nicotine product to
another person, the person | ||||||
8 | selling, offering for sale, giving,
or furnishing the tobacco | ||||||
9 | product, electronic cigarette, or alternative nicotine product | ||||||
10 | shall
verify that the person is at least 21 years of age by: | ||||||
11 | (1) examining from any person that appears to be under
| ||||||
12 | 30 years of age a government-issued photographic
| ||||||
13 | identification that establishes the person to be 21 years
| ||||||
14 | of age or older; or | ||||||
15 | (2) for sales of tobacco products, electronic | ||||||
16 | cigarettes, or alternative nicotine products made through | ||||||
17 | the
Internet or other remote sales methods, performing an | ||||||
18 | age
verification through an independent, third party age
| ||||||
19 | verification service that compares information available
| ||||||
20 | from public records to the personal information entered by
| ||||||
21 | the person during the ordering process that establishes | ||||||
22 | the
person is 21 years of age or older. | ||||||
23 | (a-6) No person under 21 years of age in the furtherance or | ||||||
24 | facilitation of obtaining any tobacco product,
electronic | ||||||
25 | cigarette, or alternative nicotine product shall display or | ||||||
26 | use a false or forged identification card or transfer, alter, |
| |||||||
| |||||||
1 | or deface an identification card.
| ||||||
2 | (a-7) (Blank). | ||||||
3 | (a-8) A person shall not distribute without charge samples | ||||||
4 | of any tobacco product, alternative nicotine product, or | ||||||
5 | electronic cigarette to any other person, regardless of age, | ||||||
6 | except for smokeless tobacco in an adult-only facility. | ||||||
7 | This subsection (a-8) does not apply to the distribution | ||||||
8 | of a tobacco product, electronic cigarette, or alternative | ||||||
9 | nicotine product sample in any adult-only facility. | ||||||
10 | (a-9) For the purpose of this Section: | ||||||
11 | "Adult-only facility" means a facility or restricted | ||||||
12 | area (whether open-air or enclosed) where the operator | ||||||
13 | ensures or has a reasonable basis to believe (such as by | ||||||
14 | checking identification as required under State law, or by | ||||||
15 | checking the identification of any person appearing to be | ||||||
16 | under the age of 30) that no person under legal age is | ||||||
17 | present. A facility or restricted area need not be | ||||||
18 | permanently restricted to persons under 21 years of age to | ||||||
19 | constitute an adult-only facility, provided that the | ||||||
20 | operator ensures or has a reasonable basis to believe that | ||||||
21 | no person under 21 years of age is present during the event | ||||||
22 | or time period in question. | ||||||
23 | "Alternative nicotine product" means a product or | ||||||
24 | device not consisting of or containing tobacco that | ||||||
25 | provides for the ingestion into the body of nicotine, | ||||||
26 | whether by chewing, smoking, absorbing, dissolving, |
| |||||||
| |||||||
1 | inhaling, snorting, sniffing, or by any other means. | ||||||
2 | "Alternative nicotine product" does not include: | ||||||
3 | cigarettes as defined in Section 1 of the Cigarette Tax | ||||||
4 | Act and tobacco products as defined in Section 10-5 of the | ||||||
5 | Tobacco Products Tax Act of 1995; tobacco product and | ||||||
6 | electronic cigarette as defined in this Section; or any | ||||||
7 | product approved by the United States Food and Drug | ||||||
8 | Administration for sale as a tobacco cessation product, as | ||||||
9 | a tobacco dependence product, or for other medical | ||||||
10 | purposes, and is being marketed and sold solely for that | ||||||
11 | approved purpose. | ||||||
12 | "Electronic cigarette" means: | ||||||
13 | (1) any device that employs a battery or other
| ||||||
14 | mechanism to heat a solution or substance to produce a
| ||||||
15 | vapor or aerosol intended for inhalation; | ||||||
16 | (2) any cartridge or container of a solution or
| ||||||
17 | substance intended to be used with or in the device or | ||||||
18 | to
refill the device; or | ||||||
19 | (3) any solution or substance, whether or not it
| ||||||
20 | contains nicotine intended for use in the device.
| ||||||
21 | "Electronic cigarette" includes, but is not limited | ||||||
22 | to, any
electronic nicotine delivery system, electronic | ||||||
23 | cigar,
electronic cigarillo, electronic pipe, electronic | ||||||
24 | hookah,
vape pen, or similar product or device, any | ||||||
25 | components
or parts that can be used to build the product | ||||||
26 | or device, and any component, part, or accessory of a |
| |||||||
| |||||||
1 | device used during the operation of the device, even if | ||||||
2 | the part or accessory was sold separately.
"Electronic | ||||||
3 | cigarette" does not include: cigarettes as defined in
| ||||||
4 | Section 1 of the Cigarette Tax Act; tobacco product and | ||||||
5 | alternative nicotine product as defined in this Section; | ||||||
6 | any product approved by the United States Food and Drug | ||||||
7 | Administration for sale as a tobacco cessation product, as | ||||||
8 | a tobacco dependence product, or for other medical | ||||||
9 | purposes, and is being marketed and sold solely for that | ||||||
10 | approved purpose; any asthma
inhaler prescribed by a | ||||||
11 | physician for that condition and is being marketed and | ||||||
12 | sold solely for that approved purpose; any device that | ||||||
13 | meets the definition of cannabis paraphernalia under | ||||||
14 | Section 1-10 of the Cannabis Regulation and Tax Act; or | ||||||
15 | any cannabis product sold by a dispensing organization | ||||||
16 | pursuant to the Cannabis Regulation and Tax Act or the | ||||||
17 | Compassionate Use of Medical Cannabis
Program Act. | ||||||
18 | "Lunch wagon" means a mobile vehicle
designed and | ||||||
19 | constructed to transport food and from which food is sold | ||||||
20 | to the
general public. | ||||||
21 | "Nicotine" means any form of the chemical nicotine, | ||||||
22 | including any salt or complex, regardless of whether the | ||||||
23 | chemical is naturally or synthetically derived.
| ||||||
24 | "Tobacco product" means any product containing or made
| ||||||
25 | from tobacco that is intended for human consumption,
| ||||||
26 | whether smoked, heated, chewed, absorbed, dissolved,
|
| |||||||
| |||||||
1 | inhaled, snorted, sniffed, or ingested by any other means,
| ||||||
2 | including, but not limited to, cigarettes, cigars, little
| ||||||
3 | cigars, chewing tobacco, pipe tobacco, snuff, snus, and | ||||||
4 | any other smokeless tobacco product which contains tobacco | ||||||
5 | that is finely cut, ground, powdered, or leaf and intended | ||||||
6 | to be placed in the oral cavity.
"Tobacco product" | ||||||
7 | includes any component, part, or
accessory of a tobacco | ||||||
8 | product, whether or not sold
separately. "Tobacco product" | ||||||
9 | does not include: an alternative nicotine product as | ||||||
10 | defined in this Section; or any product
that has been | ||||||
11 | approved by the United States Food and Drug
Administration | ||||||
12 | for sale as a tobacco cessation product, as a tobacco | ||||||
13 | dependence product, or
for other medical purposes, and is | ||||||
14 | being marketed and sold solely for that approved purpose. | ||||||
15 | (b) Tobacco products, electronic cigarettes, and | ||||||
16 | alternative nicotine products may be sold through a vending | ||||||
17 | machine
only if such tobacco products, electronic cigarettes, | ||||||
18 | and alternative nicotine products are not placed together with | ||||||
19 | any non-tobacco product, other than matches, in the vending | ||||||
20 | machine and the vending machine is in
any of the following | ||||||
21 | locations:
| ||||||
22 | (1) (Blank).
| ||||||
23 | (2) Places to which persons under 21 years of age are | ||||||
24 | not permitted access at any time.
| ||||||
25 | (3) Places where alcoholic beverages are sold and | ||||||
26 | consumed on the
premises and vending machine operation is |
| |||||||
| |||||||
1 | under the direct supervision of the owner or manager.
| ||||||
2 | (4) (Blank).
| ||||||
3 | (5) (Blank).
| ||||||
4 | (c) (Blank).
| ||||||
5 | (d) The sale or distribution by any person of a tobacco | ||||||
6 | product as defined in this Section, including , but not limited | ||||||
7 | to , a single or loose cigarette, that is not contained within a | ||||||
8 | sealed container, pack, or package as provided by the | ||||||
9 | manufacturer, which container, pack, or package bears the | ||||||
10 | health warning required by federal law, is prohibited.
| ||||||
11 | (e) It is not a violation of this Act for a person under 21 | ||||||
12 | years of age to purchase a tobacco product, electronic | ||||||
13 | cigarette, or alternative nicotine product if the person under | ||||||
14 | the age of 21 purchases or is given the tobacco product, | ||||||
15 | electronic cigarette, or alternative nicotine product in any | ||||||
16 | of its forms from a retail seller of tobacco products, | ||||||
17 | electronic cigarettes, or alternative nicotine products or an | ||||||
18 | employee of the retail seller pursuant to a plan or action to | ||||||
19 | investigate, patrol, or otherwise conduct a "sting operation" | ||||||
20 | or enforcement action against a retail seller of tobacco | ||||||
21 | products, electronic cigarettes, or alternative nicotine | ||||||
22 | products or a person employed by the retail seller of tobacco | ||||||
23 | products, electronic cigarettes, or alternative nicotine | ||||||
24 | products or on any premises authorized to sell tobacco | ||||||
25 | products, electronic cigarettes, or alternative nicotine | ||||||
26 | products to determine if tobacco products, electronic |
| |||||||
| |||||||
1 | cigarettes, or alternative nicotine products are being sold or | ||||||
2 | given to persons under 21 years of age if the "sting operation" | ||||||
3 | or enforcement action is approved by, conducted by, or | ||||||
4 | conducted on behalf of the Illinois State Police, the county | ||||||
5 | sheriff, a municipal police department, the Department of | ||||||
6 | Revenue, the Department of Public Health, or a local health | ||||||
7 | department. The results of any sting operation or enforcement | ||||||
8 | action, including the name of the clerk, shall be provided to | ||||||
9 | the retail seller within 7 business days. | ||||||
10 | (f) No person shall honor or accept any discount, coupon, | ||||||
11 | or other benefit or reduction in price that is inconsistent | ||||||
12 | with 21 CFR 1140, subsequent United States Food and Drug | ||||||
13 | Administration industry guidance, or any rules adopted under | ||||||
14 | 21 CFR 1140. | ||||||
15 | (g) Any peace officer or duly authorized member of the | ||||||
16 | Illinois State Police, a county sheriff's department, a | ||||||
17 | municipal police department, the Department of Revenue, the | ||||||
18 | Department of Public Health, a local health department, or the | ||||||
19 | Department of Human Services, upon discovering a violation of | ||||||
20 | subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this | ||||||
21 | Section or a violation of the Preventing Youth Vaping Act, may | ||||||
22 | seize any tobacco products, alternative nicotine products, or | ||||||
23 | electronic cigarettes of the specific type involved in that | ||||||
24 | violation that are located at that place of business. The | ||||||
25 | tobacco products, alternative nicotine products, or electronic | ||||||
26 | cigarettes so seized are subject to confiscation and |
| |||||||
| |||||||
1 | forfeiture. | ||||||
2 | (h) If, within 60 days after any seizure under subsection | ||||||
3 | (g), a person having any property interest in the seized | ||||||
4 | property is charged with an offense under this Section or a | ||||||
5 | violation of the Preventing Youth Vaping Act, the court that | ||||||
6 | renders judgment upon the charge shall, within 30 days after | ||||||
7 | the judgment, conduct a forfeiture hearing to determine | ||||||
8 | whether the seized tobacco products or electronic cigarettes | ||||||
9 | were part of the inventory located at the place of business | ||||||
10 | when a violation of subsection (a), (a-5), (a-5.1), (a-8), | ||||||
11 | (b), or (d) of this Section or a violation of the Preventing | ||||||
12 | Youth Vaping Act occurred and whether any seized tobacco | ||||||
13 | products or electronic cigarettes were of a type involved in | ||||||
14 | that violation. The hearing shall be commenced by a written | ||||||
15 | petition by the State, which shall include material | ||||||
16 | allegations of fact, the name and address of every person | ||||||
17 | determined by the State to have any property interest in the | ||||||
18 | seized property, a representation that written notice of the | ||||||
19 | date, time, and place of the hearing has been mailed to every | ||||||
20 | such person by certified mail at least 10 days before the date, | ||||||
21 | and a request for forfeiture. Every such person may appear as a | ||||||
22 | party and present evidence at the hearing. The quantum of | ||||||
23 | proof required shall be a preponderance of the evidence, and | ||||||
24 | the burden of proof shall be on the State. If the court | ||||||
25 | determines that the seized property was subject to forfeiture, | ||||||
26 | an order of forfeiture and disposition of the seized property |
| |||||||
| |||||||
1 | shall be entered and the property shall be received by the | ||||||
2 | prosecuting office, who shall effect its destruction. | ||||||
3 | (i) If a seizure under subsection (g) is not followed by a | ||||||
4 | charge under subsection (a), (a-5), (a-5.1), (a-8), (b), or | ||||||
5 | (d) of this Section or under the Preventing Youth Vaping Act, | ||||||
6 | or if the prosecution of the charge is permanently terminated | ||||||
7 | or indefinitely discontinued without any judgment of | ||||||
8 | conviction or acquittal: | ||||||
9 | (1) the prosecuting office may commence in the circuit | ||||||
10 | court an in rem proceeding for the forfeiture and | ||||||
11 | destruction of any seized tobacco products or electronic | ||||||
12 | cigarettes; and | ||||||
13 | (2) any person having any property interest in the | ||||||
14 | seized tobacco products or electronic cigarettes may | ||||||
15 | commence separate civil proceedings in the manner provided | ||||||
16 | by law. | ||||||
17 | (j) After the Department of Revenue has seized any tobacco | ||||||
18 | product, nicotine product, or electronic cigarette as provided | ||||||
19 | in subsection (g) and a person having any property interest in | ||||||
20 | the seized property has not been charged with an offense under | ||||||
21 | this Section or a violation of the Preventing Youth Vaping | ||||||
22 | Act, the Department of Revenue must hold a hearing and | ||||||
23 | determine whether the seized tobacco products, alternative | ||||||
24 | nicotine products, or electronic cigarettes were part of the | ||||||
25 | inventory located at the place of business when a violation of | ||||||
26 | subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this |
| |||||||
| |||||||
1 | Section or a violation of the Preventing Youth Vaping Act | ||||||
2 | occurred and whether any seized tobacco product, alternative | ||||||
3 | nicotine product, or electronic cigarette was of a type | ||||||
4 | involved in that violation. The Department of Revenue shall | ||||||
5 | give not less than 20 days' notice of the time and place of the | ||||||
6 | hearing to the owner of the property, if the owner is known, | ||||||
7 | and also to the person in whose possession the property was | ||||||
8 | found if that person is known and if the person in possession | ||||||
9 | is not the owner of the property. If neither the owner nor the | ||||||
10 | person in possession of the property is known, the Department | ||||||
11 | of Revenue must cause publication of the time and place of the | ||||||
12 | hearing to be made at least once each week for 3 weeks | ||||||
13 | successively in a newspaper of general circulation in the | ||||||
14 | county where the hearing is to be held. | ||||||
15 | If, as the result of the hearing, the Department of | ||||||
16 | Revenue determines that the tobacco products, alternative | ||||||
17 | nicotine products, or the electronic cigarettes were part of | ||||||
18 | the inventory located at the place of business when a | ||||||
19 | violation of subsection (a), (a-5), (a-5.1), (a-8), (b), or | ||||||
20 | (d) of this Section or a violation of the Preventing Youth | ||||||
21 | Vaping Act at the time of seizure, the Department of Revenue | ||||||
22 | must enter an order declaring the tobacco product, alternative | ||||||
23 | nicotine product, or electronic cigarette confiscated and | ||||||
24 | forfeited to the State, to be held by the Department of Revenue | ||||||
25 | for disposal by it as provided in Section 10-58 of the Tobacco | ||||||
26 | Products Tax Act of 1995. The Department of Revenue must give |
| |||||||
| |||||||
1 | notice of the order to the owner of the property, if the owner | ||||||
2 | is known, and also to the person in whose possession the | ||||||
3 | property was found if that person is known and if the person in | ||||||
4 | possession is not the owner of the property. If neither the | ||||||
5 | owner nor the person in possession of the property is known, | ||||||
6 | the Department of Revenue must cause publication of the order | ||||||
7 | to be made at least once each week for 3 weeks successively in | ||||||
8 | a newspaper of general circulation in the county where the | ||||||
9 | hearing was held. | ||||||
10 | (Source: P.A. 101-2, eff. 7-1-19; 102-538, eff. 8-20-21; | ||||||
11 | 102-575, eff. 1-1-22; revised 10-20-21.)
| ||||||
12 | Section 625. The Code of Criminal Procedure of 1963 is | ||||||
13 | amended by changing Sections 106D-1, 107-4, 109-1, 110-1, | ||||||
14 | 110-3, 110-5, 112A-14, 112A-20, and 112A-23 and by renumbering | ||||||
15 | Section 123 as follows:
| ||||||
16 | (725 ILCS 5/106D-1)
| ||||||
17 | (Text of Section before amendment by P.A. 101-652 ) | ||||||
18 | Sec. 106D-1. Defendant's appearance by closed circuit | ||||||
19 | television and video conference.
| ||||||
20 | (a) Whenever the appearance in person in court, in either | ||||||
21 | a civil or criminal proceeding, is required of anyone held in a | ||||||
22 | place of custody or confinement operated by the State or any of | ||||||
23 | its political subdivisions, including counties and | ||||||
24 | municipalities, the chief judge of the circuit by rule may |
| |||||||
| |||||||
1 | permit the personal appearance to be made by means of two-way | ||||||
2 | audio-visual communication, including closed circuit | ||||||
3 | television and computerized video conference, in the following | ||||||
4 | proceedings: | ||||||
5 | (1) the initial appearance before a judge on a | ||||||
6 | criminal complaint, at which bail will be set; | ||||||
7 | (2) the waiver of a preliminary hearing; | ||||||
8 | (3) the arraignment on an information or indictment at | ||||||
9 | which a plea of not guilty will be entered; | ||||||
10 | (4) the presentation of a jury waiver; | ||||||
11 | (5) any status hearing; | ||||||
12 | (6) any hearing conducted under the Sexually Violent | ||||||
13 | Persons Commitment Act at which no witness testimony will | ||||||
14 | be taken; and | ||||||
15 | (7) at any hearing at which no witness testimony will | ||||||
16 | be taken conducted under the following: | ||||||
17 | (A) Section 104-20 of this Code (90-day hearings); | ||||||
18 | (B) Section 104-22 of this Code (trial with | ||||||
19 | special provisions and assistance); | ||||||
20 | (C) Section 104-25 of this Code (discharge | ||||||
21 | hearing); or | ||||||
22 | (D) Section 5-2-4 of the Unified Code of | ||||||
23 | Corrections (proceedings after acquittal by reason of | ||||||
24 | insanity).
| ||||||
25 | (b) The two-way audio-visual communication facilities must | ||||||
26 | provide two-way audio-visual communication between the court |
| |||||||
| |||||||
1 | and the place of custody or confinement, and must include a | ||||||
2 | secure line over which the person in custody and his or her | ||||||
3 | counsel, if any, may communicate. | ||||||
4 | (c) Nothing in this Section shall be construed to prohibit | ||||||
5 | other court appearances through the use of two-way | ||||||
6 | audio-visual communication, upon waiver of any right the | ||||||
7 | person in custody or confinement may have to be present | ||||||
8 | physically. | ||||||
9 | (d) Nothing in this Section shall be construed to | ||||||
10 | establish a right of any person held in custody or confinement | ||||||
11 | to appear in court through two-way audio-visual communication | ||||||
12 | or to require that any governmental entity, or place of | ||||||
13 | custody or confinement, provide two-way audio-visual | ||||||
14 | communication.
| ||||||
15 | (Source: P.A. 102-486, eff. 8-20-21.) | ||||||
16 | (Text of Section after amendment by P.A. 101-652 )
| ||||||
17 | Sec. 106D-1. Defendant's appearance by closed circuit | ||||||
18 | television and video conference.
| ||||||
19 | (a) Whenever the appearance in person in court, in either | ||||||
20 | a civil or criminal proceeding, is required of anyone held in a | ||||||
21 | place of custody or confinement operated by the State or any of | ||||||
22 | its political subdivisions, including counties and | ||||||
23 | municipalities, the chief judge of the circuit by rule may | ||||||
24 | permit the personal appearance to be made by means of two-way | ||||||
25 | audio-visual communication, including closed circuit |
| |||||||
| |||||||
1 | television and computerized video conference, in the following | ||||||
2 | proceedings: | ||||||
3 | (1) the initial appearance before a judge on a | ||||||
4 | criminal complaint, at which the conditions of pretrial | ||||||
5 | release will be set; | ||||||
6 | (2) the waiver of a preliminary hearing; | ||||||
7 | (3) the arraignment on an information or indictment at | ||||||
8 | which a plea of not guilty will be entered; | ||||||
9 | (4) the presentation of a jury waiver; | ||||||
10 | (5) any status hearing; | ||||||
11 | (6) any hearing conducted under the Sexually Violent | ||||||
12 | Persons Commitment Act at which no witness testimony will | ||||||
13 | be taken; and | ||||||
14 | (7) at any hearing at which no witness testimony will | ||||||
15 | be taken conducted under the following: | ||||||
16 | (A) Section 104-20 of this Code (90-day hearings); | ||||||
17 | (B) Section 104-22 of this Code (trial with | ||||||
18 | special provisions and assistance); | ||||||
19 | (C) Section 104-25 of this Code (discharge | ||||||
20 | hearing); or | ||||||
21 | (D) Section 5-2-4 of the Unified Code of | ||||||
22 | Corrections (proceedings after acquittal by reason of | ||||||
23 | insanity).
| ||||||
24 | (b) The two-way audio-visual communication facilities must | ||||||
25 | provide two-way audio-visual communication between the court | ||||||
26 | and the place of custody or confinement, and must include a |
| |||||||
| |||||||
1 | secure line over which the person in custody and his or her | ||||||
2 | counsel, if any, may communicate. | ||||||
3 | (c) Nothing in this Section shall be construed to prohibit | ||||||
4 | other court appearances through the use of two-way | ||||||
5 | audio-visual communication, upon waiver of any right the | ||||||
6 | person in custody or confinement may have to be present | ||||||
7 | physically. | ||||||
8 | (d) Nothing in this Section shall be construed to | ||||||
9 | establish a right of any person held in custody or confinement | ||||||
10 | to appear in court through two-way audio-visual communication | ||||||
11 | or to require that any governmental entity, or place of | ||||||
12 | custody or confinement, provide two-way audio-visual | ||||||
13 | communication.
| ||||||
14 | (Source: P.A. 101-652, eff. 1-1-23; 102-486, eff. 8-20-21; | ||||||
15 | revised 10-12-21.)
| ||||||
16 | (725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
| ||||||
17 | (Text of Section before amendment by P.A. 101-652 ) | ||||||
18 | Sec. 107-4. Arrest by peace officer from other | ||||||
19 | jurisdiction.
| ||||||
20 | (a) As used in this Section:
| ||||||
21 | (1) "State" means any State of the United States and | ||||||
22 | the District of
Columbia.
| ||||||
23 | (2) "Peace Officer" means any peace officer or member | ||||||
24 | of any duly
organized State, County, or Municipal peace | ||||||
25 | unit, any police force of another
State, the United States |
| |||||||
| |||||||
1 | Department of Defense, or any police force whose members, | ||||||
2 | by statute, are granted and authorized to exercise powers | ||||||
3 | similar to those conferred upon any peace officer employed | ||||||
4 | by a law enforcement agency of this State.
| ||||||
5 | (3) "Fresh pursuit" means the immediate pursuit of a | ||||||
6 | person who is
endeavoring to avoid arrest.
| ||||||
7 | (4) "Law enforcement agency" means a municipal police | ||||||
8 | department or
county
sheriff's office of this State.
| ||||||
9 | (a-3) Any peace officer employed by a law enforcement | ||||||
10 | agency of this State
may conduct temporary questioning | ||||||
11 | pursuant to Section 107-14 of this Code and
may make arrests in | ||||||
12 | any jurisdiction within this State: (1) if the officer is
| ||||||
13 | engaged in the investigation of criminal activity that | ||||||
14 | occurred in the officer's
primary jurisdiction and the | ||||||
15 | temporary questioning or arrest relates to, arises from, or is | ||||||
16 | conducted pursuant to that investigation; or (2) if the | ||||||
17 | officer, while on duty as a
peace officer, becomes personally | ||||||
18 | aware of the immediate commission of a felony
or misdemeanor | ||||||
19 | violation of the laws of this State; or (3) if
the officer, | ||||||
20 | while on duty as a peace officer, is requested by an
| ||||||
21 | appropriate State or local law enforcement official to render | ||||||
22 | aid or
assistance to the requesting law enforcement agency | ||||||
23 | that is outside the
officer's primary jurisdiction; or (4) in | ||||||
24 | accordance with Section 2605-580 of the Illinois State Police | ||||||
25 | Law of the
Civil Administrative Code of Illinois. While acting | ||||||
26 | pursuant to this subsection, an
officer has the same authority |
| |||||||
| |||||||
1 | as within his or her
own jurisdiction.
| ||||||
2 | (a-7) The law enforcement agency of the county or | ||||||
3 | municipality in which any
arrest is made under this Section | ||||||
4 | shall be immediately notified of the
arrest.
| ||||||
5 | (b) Any peace officer of another State who enters this | ||||||
6 | State in
fresh
pursuit and continues within this State in | ||||||
7 | fresh pursuit of a person in
order to arrest him on the ground | ||||||
8 | that he has committed an offense in the
other State has the | ||||||
9 | same authority to arrest and hold the person in custody
as | ||||||
10 | peace officers of this State have to arrest and hold a person | ||||||
11 | in custody
on the ground that he has committed an offense in | ||||||
12 | this State.
| ||||||
13 | (c) If an arrest is made in this State by a peace officer | ||||||
14 | of
another
State in accordance with the provisions of this | ||||||
15 | Section he shall without
unnecessary delay take the person | ||||||
16 | arrested before the circuit court of the
county in which the | ||||||
17 | arrest was made. Such court shall conduct a hearing for
the | ||||||
18 | purpose of determining the lawfulness of the arrest. If the | ||||||
19 | court
determines that the arrest was lawful it shall commit | ||||||
20 | the person arrested,
to await for a reasonable time the | ||||||
21 | issuance of an extradition warrant by
the Governor of this | ||||||
22 | State, or admit him to bail for such purpose. If the
court | ||||||
23 | determines that the arrest was unlawful it shall discharge the | ||||||
24 | person
arrested.
| ||||||
25 | (Source: P.A. 102-538, eff. 8-20-21.) |
| |||||||
| |||||||
1 | (Text of Section after amendment by P.A. 101-652 ) | ||||||
2 | Sec. 107-4. Arrest by peace officer from other | ||||||
3 | jurisdiction.
| ||||||
4 | (a) As used in this Section:
| ||||||
5 | (1) "State" means any State of the United States and | ||||||
6 | the District of
Columbia.
| ||||||
7 | (2) "Peace Officer" means any peace officer or member | ||||||
8 | of any duly
organized State, County, or Municipal peace | ||||||
9 | unit, any police force of another
State, the United States | ||||||
10 | Department of Defense, or any police force whose members, | ||||||
11 | by statute, are granted and authorized to exercise powers | ||||||
12 | similar to those conferred upon any peace officer employed | ||||||
13 | by a law enforcement agency of this State.
| ||||||
14 | (3) "Fresh pursuit" means the immediate pursuit of a | ||||||
15 | person who is
endeavoring to avoid arrest.
| ||||||
16 | (4) "Law enforcement agency" means a municipal police | ||||||
17 | department or
county
sheriff's office of this State.
| ||||||
18 | (a-3) Any peace officer employed by a law enforcement | ||||||
19 | agency of this State
may conduct temporary questioning | ||||||
20 | pursuant to Section 107-14 of this Code and
may make arrests in | ||||||
21 | any jurisdiction within this State: (1) if the officer is
| ||||||
22 | engaged in the investigation of criminal activity that | ||||||
23 | occurred in the officer's
primary jurisdiction and the | ||||||
24 | temporary questioning or arrest relates to, arises from, or is | ||||||
25 | conducted pursuant to that investigation; or (2) if the | ||||||
26 | officer, while on duty as a
peace officer, becomes personally |
| |||||||
| |||||||
1 | aware of the immediate commission of a felony
or misdemeanor | ||||||
2 | violation of the laws of this State; or (3) if
the officer, | ||||||
3 | while on duty as a peace officer, is requested by an
| ||||||
4 | appropriate State or local law enforcement official to render | ||||||
5 | aid or
assistance to the requesting law enforcement agency | ||||||
6 | that is outside the
officer's primary jurisdiction; or (4) in | ||||||
7 | accordance with Section 2605-580 of the Illinois State Police | ||||||
8 | Law of the
Civil Administrative Code of Illinois. While acting | ||||||
9 | pursuant to this subsection, an
officer has the same authority | ||||||
10 | as within his or her
own jurisdiction.
| ||||||
11 | (a-7) The law enforcement agency of the county or | ||||||
12 | municipality in which any
arrest is made under this Section | ||||||
13 | shall be immediately notified of the
arrest.
| ||||||
14 | (b) Any peace officer of another State who enters this | ||||||
15 | State in
fresh
pursuit and continues within this State in | ||||||
16 | fresh pursuit of a person in
order to arrest him on the ground | ||||||
17 | that he has committed an offense in the
other State has the | ||||||
18 | same authority to arrest and hold the person in custody
as | ||||||
19 | peace officers of this State have to arrest and hold a person | ||||||
20 | in custody
on the ground that he has committed an offense in | ||||||
21 | this State.
| ||||||
22 | (c) If an arrest is made in this State by a peace officer | ||||||
23 | of
another
State in accordance with the provisions of this | ||||||
24 | Section he shall without
unnecessary delay take the person | ||||||
25 | arrested before the circuit court of the
county in which the | ||||||
26 | arrest was made. Such court shall conduct a hearing for
the |
| |||||||
| |||||||
1 | purpose of determining the lawfulness of the arrest. If the | ||||||
2 | court
determines that the arrest was lawful it shall commit | ||||||
3 | the person arrested,
to await for a reasonable time the | ||||||
4 | issuance of an extradition warrant by
the Governor of this | ||||||
5 | State, or admit him to pretrial release for such purpose. If | ||||||
6 | the
court determines that the arrest was unlawful it shall | ||||||
7 | discharge the person
arrested.
| ||||||
8 | (Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; | ||||||
9 | revised 10-20-21.)
| ||||||
10 | (725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
| ||||||
11 | (Text of Section before amendment by P.A. 101-652 )
| ||||||
12 | Sec. 109-1. Person arrested.
| ||||||
13 | (a) A person arrested with or without a warrant shall be | ||||||
14 | taken without
unnecessary delay before the nearest and most | ||||||
15 | accessible judge
in that county, except when such county is a | ||||||
16 | participant in a
regional jail authority, in which event such | ||||||
17 | person may be taken to the
nearest and most accessible judge, | ||||||
18 | irrespective of the county where such
judge presides,
and a | ||||||
19 | charge shall be filed.
Whenever a person arrested either with | ||||||
20 | or without a warrant is required
to be taken
before a judge, a | ||||||
21 | charge
may be filed against such person by way of a two-way | ||||||
22 | closed circuit
television system, except that a hearing to | ||||||
23 | deny bail to the defendant may
not be conducted by way of | ||||||
24 | closed circuit television.
| ||||||
25 | (a-5) A person charged with an offense shall be allowed |
| |||||||
| |||||||
1 | counsel at the hearing at which bail is determined under | ||||||
2 | Article 110 of this Code. If the defendant desires counsel for | ||||||
3 | his or her initial appearance but is unable to obtain counsel, | ||||||
4 | the court shall appoint a public defender or licensed attorney | ||||||
5 | at law of this State to represent him or her for purposes of | ||||||
6 | that hearing. | ||||||
7 | (b) The judge shall:
| ||||||
8 | (1) Inform the defendant of the charge against him and | ||||||
9 | shall provide him
with a copy of the charge;
| ||||||
10 | (2) Advise the defendant of his right to counsel and | ||||||
11 | if indigent shall
appoint a public defender or licensed | ||||||
12 | attorney at law of this State to
represent him in | ||||||
13 | accordance with the provisions of Section 113-3 of this
| ||||||
14 | Code;
| ||||||
15 | (3) Schedule a preliminary hearing in appropriate | ||||||
16 | cases;
| ||||||
17 | (4) Admit the defendant to bail in accordance with the | ||||||
18 | provisions of
Article 110 of this Code; and
| ||||||
19 | (5) Order the confiscation of the person's passport or | ||||||
20 | impose travel restrictions on a defendant arrested for | ||||||
21 | first degree murder or other violent crime as defined in | ||||||
22 | Section 3 of the Rights of Crime Victims and Witnesses | ||||||
23 | Act, if the judge determines, based on the factors in | ||||||
24 | Section 110-5 of this Code, that this will reasonably | ||||||
25 | ensure the appearance of the defendant and compliance by | ||||||
26 | the defendant with all conditions of release. |
| |||||||
| |||||||
1 | (c) The court may issue an order of protection in | ||||||
2 | accordance with
the provisions of Article 112A of this Code.
| ||||||
3 | (d) At the initial appearance of a defendant in any | ||||||
4 | criminal proceeding, the court must advise the defendant in | ||||||
5 | open court that any foreign national who is arrested or | ||||||
6 | detained has the right to have notice of the arrest or | ||||||
7 | detention given to his or her country's consular | ||||||
8 | representatives and the right to communicate with those | ||||||
9 | consular representatives if the notice has not already been | ||||||
10 | provided. The court must make a written record of so advising | ||||||
11 | the defendant. | ||||||
12 | (e) If consular notification is not provided to a | ||||||
13 | defendant before his or her first appearance in court, the | ||||||
14 | court shall grant any reasonable request for a continuance of | ||||||
15 | the proceedings to allow contact with the defendant's | ||||||
16 | consulate. Any delay caused by the granting of the request by a | ||||||
17 | defendant shall temporarily suspend for the time of the delay | ||||||
18 | the period within which a person shall be tried as prescribed | ||||||
19 | by subsections (a), (b), or (e) of Section 103-5 of this Code | ||||||
20 | and on the day of the expiration of delay the period shall | ||||||
21 | continue at the point at which it was suspended. | ||||||
22 | (Source: P.A. 99-78, eff. 7-20-15; 99-190, eff. 1-1-16; 100-1, | ||||||
23 | eff. 1-1-18 .)
| ||||||
24 | (Text of Section after amendment by P.A. 101-652 )
| ||||||
25 | Sec. 109-1. Person arrested; release from law enforcement |
| |||||||
| |||||||
1 | custody and court appearance; geographical constraints prevent | ||||||
2 | in-person appearances.
| ||||||
3 | (a) A person arrested with or without a warrant for an | ||||||
4 | offense for which pretrial release may be denied under | ||||||
5 | paragraphs (1) through (6) of Section 110-6.1 shall be taken | ||||||
6 | without
unnecessary delay before the nearest and most | ||||||
7 | accessible judge
in that county, except when such county is a | ||||||
8 | participant in a
regional jail authority, in which event such | ||||||
9 | person may be taken to the
nearest and most accessible judge, | ||||||
10 | irrespective of the county where such
judge presides,
and a | ||||||
11 | charge shall be filed.
Whenever a person arrested either with | ||||||
12 | or without a warrant is required
to be taken
before a judge, a | ||||||
13 | charge
may be filed against such person by way of a two-way | ||||||
14 | closed circuit
television system, except that a hearing to | ||||||
15 | deny pretrial release to the defendant may
not be conducted by | ||||||
16 | way of closed circuit television.
| ||||||
17 | (a-1) Law enforcement shall issue a citation in lieu of | ||||||
18 | custodial arrest, upon proper identification, for those | ||||||
19 | accused of traffic and Class B and C criminal misdemeanor | ||||||
20 | offenses, or of petty and business offenses, who pose no | ||||||
21 | obvious threat to the community or any person, or who have no | ||||||
22 | obvious medical or mental health issues that pose a risk to | ||||||
23 | their own safety. Those released on citation shall be | ||||||
24 | scheduled into court within 21 days. | ||||||
25 | (a-3) A person arrested with or without a warrant for an | ||||||
26 | offense for which pretrial release may not be denied may, |
| |||||||
| |||||||
1 | except as otherwise provided in this Code, be released by the | ||||||
2 | officer without appearing before a judge. The releasing | ||||||
3 | officer shall issue the person a summons to appear within 21 | ||||||
4 | days. A presumption in favor of pretrial release shall be by | ||||||
5 | applied by an arresting officer in the exercise of his or her | ||||||
6 | discretion under this Section. | ||||||
7 | (a-5) A person charged with an offense shall be allowed | ||||||
8 | counsel at the hearing at which pretrial release is determined | ||||||
9 | under Article 110 of this Code. If the defendant desires | ||||||
10 | counsel for his or her initial appearance but is unable to | ||||||
11 | obtain counsel, the court shall appoint a public defender or | ||||||
12 | licensed attorney at law of this State to represent him or her | ||||||
13 | for purposes of that hearing. | ||||||
14 | (b) Upon initial appearance of a person before the court, | ||||||
15 | the judge shall:
| ||||||
16 | (1) inform the defendant of the charge against him and | ||||||
17 | shall provide him
with a copy of the charge;
| ||||||
18 | (2) advise the defendant of his right to counsel and | ||||||
19 | if indigent shall
appoint a public defender or licensed | ||||||
20 | attorney at law of this State to
represent him in | ||||||
21 | accordance with the provisions of Section 113-3 of this
| ||||||
22 | Code;
| ||||||
23 | (3) schedule a preliminary hearing in appropriate | ||||||
24 | cases;
| ||||||
25 | (4) admit the defendant to pretrial release in | ||||||
26 | accordance with the provisions of
Article 110 110/5 of |
| |||||||
| |||||||
1 | this Code, or upon verified petition of the State, proceed | ||||||
2 | with the setting of a detention hearing as provided in | ||||||
3 | Section 110-6.1; and
| ||||||
4 | (5) order Order the confiscation of the person's | ||||||
5 | passport or impose travel restrictions on a defendant | ||||||
6 | arrested for first degree murder or other violent crime as | ||||||
7 | defined in Section 3 of the Rights of Crime Victims and | ||||||
8 | Witnesses Act, if the judge determines, based on the | ||||||
9 | factors in Section 110-5 of this Code, that this will | ||||||
10 | reasonably ensure the appearance of the defendant and | ||||||
11 | compliance by the defendant with all conditions of | ||||||
12 | release. | ||||||
13 | (c) The court may issue an order of protection in | ||||||
14 | accordance with
the provisions of Article 112A of this Code. | ||||||
15 | Crime victims shall be given notice by the State's Attorney's | ||||||
16 | office of this hearing as required in paragraph (2) of | ||||||
17 | subsection (b) of Section 4.5 of the Rights of Crime Victims | ||||||
18 | and Witnesses Act and shall be informed of their opportunity | ||||||
19 | at this hearing to obtain an order of protection under Article | ||||||
20 | 112A of this Code.
| ||||||
21 | (d) At the initial appearance of a defendant in any | ||||||
22 | criminal proceeding, the court must advise the defendant in | ||||||
23 | open court that any foreign national who is arrested or | ||||||
24 | detained has the right to have notice of the arrest or | ||||||
25 | detention given to his or her country's consular | ||||||
26 | representatives and the right to communicate with those |
| |||||||
| |||||||
1 | consular representatives if the notice has not already been | ||||||
2 | provided. The court must make a written record of so advising | ||||||
3 | the defendant. | ||||||
4 | (e) If consular notification is not provided to a | ||||||
5 | defendant before his or her first appearance in court, the | ||||||
6 | court shall grant any reasonable request for a continuance of | ||||||
7 | the proceedings to allow contact with the defendant's | ||||||
8 | consulate. Any delay caused by the granting of the request by a | ||||||
9 | defendant shall temporarily suspend for the time of the delay | ||||||
10 | the period within which a person shall be tried as prescribed | ||||||
11 | by subsection subsections (a), (b), or (e) of Section 103-5 of | ||||||
12 | this Code and on the day of the expiration of delay the period | ||||||
13 | shall continue at the point at which it was suspended. | ||||||
14 | (f) At the hearing at which conditions of pretrial release | ||||||
15 | are determined, the person charged shall be present in person | ||||||
16 | rather than by video phone or any other form of electronic | ||||||
17 | communication, unless the physical health and safety of the | ||||||
18 | person would be endangered by appearing in court or the | ||||||
19 | accused waives the right to be present in person. | ||||||
20 | (g) Defense counsel shall be given adequate opportunity to | ||||||
21 | confer with the defendant Defendant prior to any hearing in | ||||||
22 | which conditions of release or the detention of the defendant | ||||||
23 | Defendant is to be considered, with a physical accommodation | ||||||
24 | made to facilitate attorney/client consultation. | ||||||
25 | (Source: P.A. 100-1, eff. 1-1-18; 101-652, eff. 1-1-23; | ||||||
26 | revised 11-24-21.)
|
| |||||||
| |||||||
1 | (725 ILCS 5/110-1) (from Ch. 38, par. 110-1)
| ||||||
2 | (Text of Section before amendment by P.A. 101-652 )
| ||||||
3 | Sec. 110-1. Definitions. | ||||||
4 | (a) "Security" is that which is required to be
pledged to | ||||||
5 | insure the payment of bail.
| ||||||
6 | (b) "Sureties" encompasses the monetary and nonmonetary | ||||||
7 | requirements
set by the court as conditions for release either | ||||||
8 | before or after
conviction. "Surety" is one who executes a | ||||||
9 | bail bond and binds himself to pay
the bail if the person in | ||||||
10 | custody fails to comply with all conditions of
the bail bond.
| ||||||
11 | (c) The phrase "for which a sentence of imprisonment, | ||||||
12 | without
conditional and revocable release, shall be imposed by | ||||||
13 | law as a consequence
of conviction" means an offense for which | ||||||
14 | a sentence of imprisonment,
without probation, periodic | ||||||
15 | imprisonment or conditional discharge, is
required by law upon | ||||||
16 | conviction.
| ||||||
17 | (d) "Real and present threat to the physical safety of any | ||||||
18 | person or
persons", as used in this Article, includes a threat | ||||||
19 | to the community,
person, persons or class of persons.
| ||||||
20 | (Source: P.A. 85-892.)
| ||||||
21 | (Text of Section after amendment by P.A. 101-652 )
| ||||||
22 | Sec. 110-1. Definitions. As used in this Article: | ||||||
23 | (a) (Blank).
| ||||||
24 | (b) "Sureties" encompasses the monetary and nonmonetary |
| |||||||
| |||||||
1 | requirements
set by the court as conditions for release either | ||||||
2 | before or after
conviction.
| ||||||
3 | (c) The phrase "for which a sentence of imprisonment, | ||||||
4 | without
conditional and revocable release, shall be imposed by | ||||||
5 | law as a consequence
of conviction" means an offense for which | ||||||
6 | a sentence of imprisonment,
without probation, periodic | ||||||
7 | imprisonment or conditional discharge, is
required by law upon | ||||||
8 | conviction.
| ||||||
9 | (d) (Blank ) . ) | ||||||
10 | (e) " Willful flight " means planning or attempting to | ||||||
11 | intentionally evade prosecution by concealing oneself. Simple | ||||||
12 | past non-appearance in court alone is not evidence of future | ||||||
13 | intent to evade prosecution.
| ||||||
14 | (Source: P.A. 101-652, eff. 1-1-23; revised 11-24-21.)
| ||||||
15 | (725 ILCS 5/110-3) (from Ch. 38, par. 110-3)
| ||||||
16 | (Text of Section before amendment by P.A. 101-652 )
| ||||||
17 | Sec. 110-3. Issuance of warrant. Upon failure to comply | ||||||
18 | with any condition of a bail bond or recognizance ,
the court | ||||||
19 | having jurisdiction at the time of such failure may, in | ||||||
20 | addition
to any other action provided by law, issue a warrant | ||||||
21 | for the arrest of the
person at liberty on bail or his own | ||||||
22 | recognizance.
The contents of such a warrant shall be the same | ||||||
23 | as required for an arrest
warrant issued upon complaint. When | ||||||
24 | a defendant is at liberty on bail or
his own recognizance on a
| ||||||
25 | felony charge and fails to appear in court as directed, the |
| |||||||
| |||||||
1 | court shall
issue a warrant for the arrest of such person. Such | ||||||
2 | warrant shall be noted
with a directive to peace officers to | ||||||
3 | arrest the person and hold such
person without bail and to | ||||||
4 | deliver such person before the court for further
proceedings. | ||||||
5 | A defendant who is arrested or surrenders within 30 days of
the | ||||||
6 | issuance of such warrant shall not be bailable in the case in | ||||||
7 | question
unless he shows by the preponderance of the evidence | ||||||
8 | that his failure to
appear was not intentional.
| ||||||
9 | (Source: P.A. 86-298; 86-984; 86-1028; revised 12-13-21.)
| ||||||
10 | (Text of Section after amendment by P.A. 101-652 )
| ||||||
11 | Sec. 110-3. Options for warrant alternatives. | ||||||
12 | (a) Upon failure to comply with any condition of pretrial | ||||||
13 | release or recognizance ,
the court having jurisdiction at the | ||||||
14 | time of such failure may, on its own motion or upon motion from | ||||||
15 | the State, issue an order to show cause as to why he or she | ||||||
16 | shall not be subject to revocation of pretrial release, or for | ||||||
17 | sanctions, as provided in Section 110-6. Nothing in this | ||||||
18 | Section prohibits the court from issuing a warrant under | ||||||
19 | subsection (c) upon failure to comply with any condition of | ||||||
20 | pretrial release or recognizance. | ||||||
21 | (b) The order issued by the court shall state the facts | ||||||
22 | alleged to constitute the hearing to show cause or otherwise | ||||||
23 | why the person is subject to revocation of pretrial release. A | ||||||
24 | certified copy of the order shall be served upon the person at | ||||||
25 | least 48 hours in advance of the scheduled hearing. |
| |||||||
| |||||||
1 | (c) If the person does not appear at the hearing to show | ||||||
2 | cause or absconds, the court may, in addition
to any other | ||||||
3 | action provided by law, issue a warrant for the arrest of the
| ||||||
4 | person at liberty on pretrial release.
The contents of such a | ||||||
5 | warrant shall be the same as required for an arrest
warrant | ||||||
6 | issued upon complaint and may modify any previously imposed | ||||||
7 | conditions placed upon the person, rather than revoking | ||||||
8 | pretrial release or issuing a warrant for the person in | ||||||
9 | accordance with the requirements in subsections (d) and (e) of | ||||||
10 | Section 110-5. When a defendant is at liberty on pretrial | ||||||
11 | release or
his own recognizance on a
felony charge and fails to | ||||||
12 | appear in court as directed, the court may
issue a warrant for | ||||||
13 | the arrest of such person after his or her failure to appear at | ||||||
14 | the show for cause hearing as provided in this Section. Such | ||||||
15 | warrant shall be noted
with a directive to peace officers to | ||||||
16 | arrest the person and hold such
person without pretrial | ||||||
17 | release and to deliver such person before the court for | ||||||
18 | further
proceedings. | ||||||
19 | (d) If the order as described in subsection (b) Subsection | ||||||
20 | B is issued, a failure to appear shall not be recorded until | ||||||
21 | the defendant Defendant fails to appear at the hearing to show | ||||||
22 | cause. For the purpose of any risk assessment or future | ||||||
23 | evaluation of risk of willful flight or risk of failure to | ||||||
24 | appear, a non-appearance in court cured by an appearance at | ||||||
25 | the hearing to show cause shall not be considered as evidence | ||||||
26 | of future likelihood of appearance in court.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-652, eff. 1-1-23; revised 12-13-21.)
| ||||||
2 | (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
| ||||||
3 | (Text of Section before amendment by P.A. 101-652 )
| ||||||
4 | Sec. 110-5. Determining the amount of bail and conditions | ||||||
5 | of release.
| ||||||
6 | (a) In determining the amount of monetary bail or | ||||||
7 | conditions of release, if
any,
which will reasonably assure | ||||||
8 | the appearance of a defendant as required or
the safety of any | ||||||
9 | other person or the community and the likelihood of
compliance | ||||||
10 | by the
defendant with all the conditions of bail, the court | ||||||
11 | shall, on the
basis of available information, take into | ||||||
12 | account such matters as the
nature and circumstances of the | ||||||
13 | offense charged, whether the evidence
shows that as part of | ||||||
14 | the offense there was a use of violence or threatened
use of | ||||||
15 | violence, whether the offense involved corruption of public
| ||||||
16 | officials or employees, whether there was physical harm or | ||||||
17 | threats of physical
harm to any
public official, public | ||||||
18 | employee, judge, prosecutor, juror or witness,
senior citizen, | ||||||
19 | child, or person with a disability, whether evidence shows | ||||||
20 | that
during the offense or during the arrest the defendant | ||||||
21 | possessed or used a
firearm, machine gun, explosive or metal | ||||||
22 | piercing ammunition or explosive
bomb device or any military | ||||||
23 | or paramilitary armament,
whether the evidence
shows that the | ||||||
24 | offense committed was related to or in furtherance of the
| ||||||
25 | criminal activities of an organized gang or was motivated by |
| |||||||
| |||||||
1 | the defendant's
membership in or allegiance to an organized | ||||||
2 | gang,
the condition of the
victim, any written statement | ||||||
3 | submitted by the victim or proffer or
representation by the | ||||||
4 | State regarding the
impact which the alleged criminal conduct | ||||||
5 | has had on the victim and the
victim's concern, if any, with | ||||||
6 | further contact with the defendant if
released on bail, | ||||||
7 | whether the offense was based on racial, religious,
sexual | ||||||
8 | orientation or ethnic hatred,
the likelihood of the filing of | ||||||
9 | a greater charge, the likelihood of
conviction, the sentence | ||||||
10 | applicable upon conviction, the weight of the evidence
against | ||||||
11 | such defendant, whether there exists motivation or ability to
| ||||||
12 | flee, whether there is any verification as to prior residence, | ||||||
13 | education,
or family ties in the local jurisdiction, in | ||||||
14 | another county,
state or foreign country, the defendant's | ||||||
15 | employment, financial resources,
character and mental | ||||||
16 | condition, past conduct, prior use of alias names or
dates of | ||||||
17 | birth, and length of residence in the community,
the consent | ||||||
18 | of the defendant to periodic drug testing in accordance with
| ||||||
19 | Section 110-6.5,
whether a foreign national defendant is | ||||||
20 | lawfully admitted in the United
States of America, whether the | ||||||
21 | government of the foreign national
maintains an extradition | ||||||
22 | treaty with the United States by which the foreign
government | ||||||
23 | will extradite to the United States its national for a trial | ||||||
24 | for
a crime allegedly committed in the United States, whether | ||||||
25 | the defendant is
currently subject to deportation or exclusion | ||||||
26 | under the immigration laws of
the United States, whether the |
| |||||||
| |||||||
1 | defendant, although a United States citizen,
is considered | ||||||
2 | under the law of any foreign state a national of that state
for | ||||||
3 | the purposes of extradition or non-extradition to the United | ||||||
4 | States,
the amount of unrecovered proceeds lost as a result of
| ||||||
5 | the alleged offense, the
source of bail funds tendered or | ||||||
6 | sought to be tendered for bail,
whether from the totality of | ||||||
7 | the court's consideration,
the loss of funds posted or sought | ||||||
8 | to be posted for bail will not deter the
defendant from flight, | ||||||
9 | whether the evidence shows that the defendant is
engaged in | ||||||
10 | significant
possession, manufacture, or delivery of a | ||||||
11 | controlled substance or cannabis,
either individually or in | ||||||
12 | consort with others,
whether at the time of the offense
| ||||||
13 | charged he or she was on bond or pre-trial release pending | ||||||
14 | trial, probation,
periodic imprisonment or conditional | ||||||
15 | discharge pursuant to this Code or the
comparable Code of any | ||||||
16 | other state or federal jurisdiction, whether the
defendant is | ||||||
17 | on bond or
pre-trial release pending the imposition or | ||||||
18 | execution of sentence or appeal of
sentence for any offense | ||||||
19 | under the laws of Illinois or any other state or
federal | ||||||
20 | jurisdiction, whether the defendant is under parole, aftercare | ||||||
21 | release, mandatory
supervised release, or
work release from | ||||||
22 | the Illinois Department of Corrections or Illinois Department | ||||||
23 | of Juvenile Justice or any penal
institution or corrections | ||||||
24 | department of any state or federal
jurisdiction, the | ||||||
25 | defendant's record of convictions, whether the defendant has | ||||||
26 | been
convicted of a misdemeanor or ordinance offense in |
| |||||||
| |||||||
1 | Illinois or similar
offense in other state or federal | ||||||
2 | jurisdiction within the 10 years
preceding the current charge | ||||||
3 | or convicted of a felony in Illinois, whether
the defendant | ||||||
4 | was convicted of an offense in another state or federal
| ||||||
5 | jurisdiction that would
be a felony if committed in Illinois | ||||||
6 | within the 20 years preceding the
current charge or has been | ||||||
7 | convicted of such felony and released from the
penitentiary | ||||||
8 | within 20 years preceding the current charge if a
penitentiary | ||||||
9 | sentence was imposed in Illinois or other state or federal
| ||||||
10 | jurisdiction, the defendant's records of juvenile adjudication | ||||||
11 | of delinquency in any
jurisdiction, any record of appearance | ||||||
12 | or failure to appear by
the defendant at
court proceedings, | ||||||
13 | whether there was flight to avoid arrest or
prosecution, | ||||||
14 | whether the defendant escaped or
attempted to escape to avoid | ||||||
15 | arrest, whether the defendant refused to
identify himself or | ||||||
16 | herself, or whether there was a refusal by the defendant to be
| ||||||
17 | fingerprinted as required by law. Information used by the | ||||||
18 | court in its
findings or stated in or
offered in connection | ||||||
19 | with this Section may be by way of proffer based upon
reliable | ||||||
20 | information offered by the State or defendant.
All evidence | ||||||
21 | shall be admissible if it is relevant and
reliable regardless | ||||||
22 | of whether it would be admissible under the rules of
evidence | ||||||
23 | applicable at criminal trials.
If the State presents evidence | ||||||
24 | that the offense committed by the defendant
was related to or | ||||||
25 | in furtherance of the criminal activities of an organized
gang | ||||||
26 | or was motivated by the defendant's membership in or |
| |||||||
| |||||||
1 | allegiance to an
organized gang, and if the court determines | ||||||
2 | that the evidence may be
substantiated, the court shall | ||||||
3 | prohibit the defendant from associating with
other members of | ||||||
4 | the organized gang as a condition of bail or release.
For the | ||||||
5 | purposes of this Section,
"organized gang" has the meaning | ||||||
6 | ascribed to it in Section 10 of the Illinois
Streetgang | ||||||
7 | Terrorism Omnibus Prevention Act.
| ||||||
8 | (a-5) There shall be a presumption that any conditions of | ||||||
9 | release imposed shall be non-monetary in nature and the court | ||||||
10 | shall impose the least restrictive conditions or combination | ||||||
11 | of conditions necessary to reasonably assure the appearance of | ||||||
12 | the defendant for further court proceedings and protect the | ||||||
13 | integrity of
the judicial proceedings from a specific threat | ||||||
14 | to a witness or
participant. Conditions of release may | ||||||
15 | include, but not be limited to, electronic home monitoring, | ||||||
16 | curfews, drug counseling, stay-away orders, and in-person | ||||||
17 | reporting. The court shall consider the defendant's | ||||||
18 | socio-economic circumstance when setting conditions of release | ||||||
19 | or imposing monetary bail. | ||||||
20 | (b) The amount of bail shall be:
| ||||||
21 | (1) Sufficient to assure compliance with the | ||||||
22 | conditions set forth in the
bail bond, which shall include | ||||||
23 | the defendant's current address with a written
| ||||||
24 | admonishment to the defendant that he or she must comply | ||||||
25 | with the provisions of
Section 110-12 regarding any change | ||||||
26 | in his or her address. The defendant's
address shall at |
| |||||||
| |||||||
1 | all times remain a matter of public record with the clerk
| ||||||
2 | of the court.
| ||||||
3 | (2) Not oppressive.
| ||||||
4 | (3) Considerate of the financial ability of the | ||||||
5 | accused.
| ||||||
6 | (4) When a person is charged with a drug related | ||||||
7 | offense involving
possession or delivery of cannabis or | ||||||
8 | possession or delivery of a
controlled substance as | ||||||
9 | defined in the Cannabis Control Act,
the Illinois | ||||||
10 | Controlled Substances Act, or the Methamphetamine Control | ||||||
11 | and Community Protection Act, the full street value
of the | ||||||
12 | drugs seized shall be considered. "Street value" shall be
| ||||||
13 | determined by the court on the basis of a proffer by the | ||||||
14 | State based upon
reliable information of a law enforcement | ||||||
15 | official contained in a written
report as to the amount | ||||||
16 | seized and such proffer may be used by the court as
to the | ||||||
17 | current street value of the smallest unit of the drug | ||||||
18 | seized.
| ||||||
19 | (b-5) Upon the filing of a written request demonstrating | ||||||
20 | reasonable cause, the State's Attorney may request a source of | ||||||
21 | bail hearing either before or after the posting of any funds.
| ||||||
22 | If the hearing is granted, before the posting of any bail, the | ||||||
23 | accused must file a written notice requesting that the court | ||||||
24 | conduct a source of bail hearing. The notice must be | ||||||
25 | accompanied by justifying affidavits stating the legitimate | ||||||
26 | and lawful source of funds for bail. At the hearing, the court |
| |||||||
| |||||||
1 | shall inquire into any matters stated in any justifying | ||||||
2 | affidavits, and may also inquire into matters appropriate to | ||||||
3 | the determination which shall include, but are not limited to, | ||||||
4 | the following: | ||||||
5 | (1) the background, character, reputation, and | ||||||
6 | relationship to the accused of any surety; and | ||||||
7 | (2) the source of any money or property deposited by | ||||||
8 | any surety, and whether any such money or property | ||||||
9 | constitutes the fruits of criminal or unlawful conduct; | ||||||
10 | and | ||||||
11 | (3) the source of any money posted as cash bail, and | ||||||
12 | whether any such money constitutes the fruits of criminal | ||||||
13 | or unlawful conduct; and | ||||||
14 | (4) the background, character, reputation, and | ||||||
15 | relationship to the accused of the person posting cash | ||||||
16 | bail. | ||||||
17 | Upon setting the hearing, the court shall examine, under | ||||||
18 | oath, any persons who may possess material information. | ||||||
19 | The State's Attorney has a right to attend the hearing, to | ||||||
20 | call witnesses and to examine any witness in the proceeding. | ||||||
21 | The court shall, upon request of the State's Attorney, | ||||||
22 | continue the proceedings for a reasonable period to allow the | ||||||
23 | State's Attorney to investigate the matter raised in any | ||||||
24 | testimony or affidavit.
If the hearing is granted after the | ||||||
25 | accused has posted bail, the court shall conduct a hearing | ||||||
26 | consistent with this subsection (b-5). At the conclusion of |
| |||||||
| |||||||
1 | the hearing, the court must issue an order either approving or | ||||||
2 | disapproving the bail.
| ||||||
3 | (c) When a person is charged with an offense punishable by | ||||||
4 | fine only the
amount of the bail shall not exceed double the | ||||||
5 | amount of the maximum penalty.
| ||||||
6 | (d) When a person has been convicted of an offense and only | ||||||
7 | a fine has
been imposed the amount of the bail shall not exceed | ||||||
8 | double the amount of
the fine.
| ||||||
9 | (e) The State may appeal any order granting bail or | ||||||
10 | setting
a given amount for bail. | ||||||
11 | (f) When a person is charged with a violation of an order | ||||||
12 | of protection under Section 12-3.4 or 12-30 of the Criminal | ||||||
13 | Code of 1961 or the Criminal Code of 2012 or when a person is | ||||||
14 | charged with domestic battery, aggravated domestic battery, | ||||||
15 | kidnapping, aggravated kidnaping, unlawful restraint, | ||||||
16 | aggravated unlawful restraint, stalking, aggravated stalking, | ||||||
17 | cyberstalking, harassment by telephone, harassment through | ||||||
18 | electronic communications, or an attempt to commit first | ||||||
19 | degree murder committed against an intimate partner regardless | ||||||
20 | whether an order of protection has been issued against the | ||||||
21 | person, | ||||||
22 | (1) whether the alleged incident involved harassment | ||||||
23 | or abuse, as defined in the Illinois Domestic Violence Act | ||||||
24 | of 1986; | ||||||
25 | (2) whether the person has a history of domestic | ||||||
26 | violence, as defined in the Illinois Domestic Violence |
| |||||||
| |||||||
1 | Act, or a history of other criminal acts; | ||||||
2 | (3) based on the mental health of the person; | ||||||
3 | (4) whether the person has a history of violating the | ||||||
4 | orders of any court or governmental entity; | ||||||
5 | (5) whether the person has been, or is, potentially a | ||||||
6 | threat to any other person; | ||||||
7 | (6) whether the person has access to deadly weapons or | ||||||
8 | a history of using deadly weapons; | ||||||
9 | (7) whether the person has a history of abusing | ||||||
10 | alcohol or any controlled substance; | ||||||
11 | (8) based on the severity of the alleged incident that | ||||||
12 | is the basis of the alleged offense, including, but not | ||||||
13 | limited to, the duration of the current incident, and | ||||||
14 | whether the alleged incident involved the use of a weapon, | ||||||
15 | physical injury, sexual assault, strangulation, abuse | ||||||
16 | during the alleged victim's pregnancy, abuse of pets, or | ||||||
17 | forcible entry to gain access to the alleged victim; | ||||||
18 | (9) whether a separation of the person from the | ||||||
19 | alleged victim or a termination of the relationship | ||||||
20 | between the person and the alleged victim has recently | ||||||
21 | occurred or is pending; | ||||||
22 | (10) whether the person has exhibited obsessive or | ||||||
23 | controlling behaviors toward the alleged victim, | ||||||
24 | including, but not limited to, stalking, surveillance, or | ||||||
25 | isolation of the alleged victim or victim's family member | ||||||
26 | or members; |
| |||||||
| |||||||
1 | (11) whether the person has expressed suicidal or | ||||||
2 | homicidal ideations; | ||||||
3 | (12) based on any information contained in the | ||||||
4 | complaint and any police reports, affidavits, or other | ||||||
5 | documents accompanying the complaint, | ||||||
6 | the court may, in its discretion, order the respondent to | ||||||
7 | undergo a risk assessment evaluation using a recognized, | ||||||
8 | evidence-based instrument conducted by an Illinois Department | ||||||
9 | of Human Services approved partner abuse intervention program | ||||||
10 | provider, pretrial service, probation, or parole agency. These | ||||||
11 | agencies shall have access to summaries of the defendant's | ||||||
12 | criminal history, which shall not include victim interviews or | ||||||
13 | information, for the risk evaluation. Based on the information | ||||||
14 | collected from the 12 points to be considered at a bail hearing | ||||||
15 | under this subsection (f), the results of any risk evaluation | ||||||
16 | conducted and the other circumstances of the violation, the | ||||||
17 | court may order that the person, as a condition of bail, be | ||||||
18 | placed under electronic surveillance as provided in Section | ||||||
19 | 5-8A-7 of the Unified Code of Corrections. Upon making a | ||||||
20 | determination whether or not to order the respondent to | ||||||
21 | undergo a risk assessment evaluation or to be placed under | ||||||
22 | electronic surveillance and risk assessment, the court shall | ||||||
23 | document in the record the court's reasons for making those | ||||||
24 | determinations. The cost of the electronic surveillance and | ||||||
25 | risk assessment shall be paid by, or on behalf, of the | ||||||
26 | defendant. As used in this subsection (f), "intimate partner" |
| |||||||
| |||||||
1 | means a spouse or a current or former partner in a cohabitation | ||||||
2 | or dating relationship.
| ||||||
3 | (Source: P.A. 99-143, eff. 7-27-15; 100-1, eff. 1-1-18; | ||||||
4 | 102-28, eff. 6-25-21; 102-558, eff. 8-20-21.) | ||||||
5 | (Text of Section after amendment by P.A. 101-652 ) | ||||||
6 | Sec. 110-5. Determining the amount of bail and conditions | ||||||
7 | of release.
| ||||||
8 | (a) In determining which or conditions of pretrial | ||||||
9 | release, if
any,
which will reasonably assure the appearance | ||||||
10 | of a defendant as required or
the safety of any other person or | ||||||
11 | the community and the likelihood of
compliance by the
| ||||||
12 | defendant with all the conditions of pretrial release, the | ||||||
13 | court shall, on the
basis of available information, take into | ||||||
14 | account such matters as: | ||||||
15 | (1) the
nature and circumstances of the offense | ||||||
16 | charged; | ||||||
17 | (2) the weight of the evidence against the eligible | ||||||
18 | defendant, except that the court may consider the | ||||||
19 | admissibility of any evidence sought to be excluded; | ||||||
20 | (3) the history and characteristics of the eligible | ||||||
21 | defendant, including: | ||||||
22 | (A) the eligible defendant's character, physical | ||||||
23 | and mental condition, family ties, employment, | ||||||
24 | financial resources, length of residence in the | ||||||
25 | community, community ties, past relating to drug or |
| |||||||
| |||||||
1 | alcohol abuse, conduct, history criminal history, and | ||||||
2 | record concerning appearance at court proceedings; and | ||||||
3 | (B) whether, at the time of the current offense or | ||||||
4 | arrest, the eligible defendant was on probation, | ||||||
5 | parole, or on other release pending trial, sentencing, | ||||||
6 | appeal, or completion of sentence for an offense under | ||||||
7 | federal law, or the law of this or any other state; | ||||||
8 | (4) the nature and seriousness of the specific, real | ||||||
9 | and present threat to any person that would be posed by the | ||||||
10 | eligible defendant's release, if applicable , ; as required | ||||||
11 | under paragraph (7.5) of Section 4 of the Rights of Crime | ||||||
12 | Victims and Witnesses Act; and | ||||||
13 | (5) the nature and seriousness of the risk of | ||||||
14 | obstructing or attempting to obstruct the criminal justice | ||||||
15 | process that would be posed by the eligible defendant's | ||||||
16 | release, if applicable. | ||||||
17 | (b) The court shall impose any conditions that are | ||||||
18 | mandatory under Section 110-10. The court may impose any | ||||||
19 | conditions that are permissible under Section 110-10.
| ||||||
20 | (b-5) When a person is charged with a violation of an order | ||||||
21 | of protection under Section 12-3.4 or 12-30 of the Criminal | ||||||
22 | Code of 1961 or the Criminal Code of 2012 or when a person is | ||||||
23 | charged with domestic battery, aggravated domestic battery, | ||||||
24 | kidnapping, aggravated kidnaping, unlawful restraint, | ||||||
25 | aggravated unlawful restraint, stalking, aggravated stalking, | ||||||
26 | cyberstalking, harassment by telephone, harassment through |
| |||||||
| |||||||
1 | electronic communications, or an attempt to commit first | ||||||
2 | degree murder committed against an intimate partner regardless | ||||||
3 | whether an order of protection has been issued against the | ||||||
4 | person, | ||||||
5 | (1) whether the alleged incident involved harassment | ||||||
6 | or abuse, as defined in the Illinois Domestic Violence Act | ||||||
7 | of 1986; | ||||||
8 | (2) whether the person has a history of domestic | ||||||
9 | violence, as defined in the Illinois Domestic Violence | ||||||
10 | Act, or a history of other criminal acts; | ||||||
11 | (3) based on the mental health of the person; | ||||||
12 | (4) whether the person has a history of violating the | ||||||
13 | orders of any court or governmental entity; | ||||||
14 | (5) whether the person has been, or is, potentially a | ||||||
15 | threat to any other person; | ||||||
16 | (6) whether the person has access to deadly weapons or | ||||||
17 | a history of using deadly weapons; | ||||||
18 | (7) whether the person has a history of abusing | ||||||
19 | alcohol or any controlled substance; | ||||||
20 | (8) based on the severity of the alleged incident that | ||||||
21 | is the basis of the alleged offense, including, but not | ||||||
22 | limited to, the duration of the current incident, and | ||||||
23 | whether the alleged incident involved the use of a weapon, | ||||||
24 | physical injury, sexual assault, strangulation, abuse | ||||||
25 | during the alleged victim's pregnancy, abuse of pets, or | ||||||
26 | forcible entry to gain access to the alleged victim; |
| |||||||
| |||||||
1 | (9) whether a separation of the person from the victim | ||||||
2 | of abuse or a termination of the relationship between the | ||||||
3 | person and the victim of abuse has recently occurred or is | ||||||
4 | pending; | ||||||
5 | (10) whether the person has exhibited obsessive or | ||||||
6 | controlling behaviors toward the victim of abuse, | ||||||
7 | including, but not limited to, stalking, surveillance, or | ||||||
8 | isolation of the victim of abuse or victim's family member | ||||||
9 | or members; | ||||||
10 | (11) whether the person has expressed suicidal or | ||||||
11 | homicidal ideations; | ||||||
12 | (11.5) any other factors deemed by the court to have a | ||||||
13 | reasonable bearing upon the defendant's propensity or | ||||||
14 | reputation for violent, abusive or assaultive behavior, or | ||||||
15 | lack of that behavior . | ||||||
16 | (c) In cases of stalking or aggravated stalking under | ||||||
17 | Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the | ||||||
18 | court may consider the following additional factors: | ||||||
19 | (1) Any evidence of the defendant's prior criminal | ||||||
20 | history indicative of violent, abusive or assaultive | ||||||
21 | behavior, or lack of that behavior. The evidence may | ||||||
22 | include testimony or documents received in juvenile | ||||||
23 | proceedings, criminal, quasi-criminal, civil commitment, | ||||||
24 | domestic relations or other proceedings; | ||||||
25 | (2) Any evidence of the defendant's psychological, | ||||||
26 | psychiatric or other similar social history that tends to |
| |||||||
| |||||||
1 | indicate a violent, abusive, or assaultive nature, or lack | ||||||
2 | of any such history ; . | ||||||
3 | (3) The nature of the threat which is the basis of the | ||||||
4 | charge against the defendant; | ||||||
5 | (4) Any statements made by, or attributed to the | ||||||
6 | defendant, together with the circumstances surrounding | ||||||
7 | them; | ||||||
8 | (5) The age and physical condition of any person | ||||||
9 | allegedly assaulted by the defendant; | ||||||
10 | (6) Whether the defendant is known to possess or have | ||||||
11 | access to any weapon or weapons; | ||||||
12 | (7) Any other factors deemed by the court to have a | ||||||
13 | reasonable bearing upon the defendant's propensity or | ||||||
14 | reputation for violent, abusive or assaultive behavior, or | ||||||
15 | lack of that behavior. | ||||||
16 | (d) The Court may use a regularly validated risk | ||||||
17 | assessment tool to aid its determination of appropriate | ||||||
18 | conditions of release as provided for in Section 110-6.4. Risk | ||||||
19 | assessment tools may not be used as the sole basis to deny | ||||||
20 | pretrial release. If a risk assessment tool is used, the | ||||||
21 | defendant's counsel shall be provided with the information and | ||||||
22 | scoring system of the risk assessment tool used to arrive at | ||||||
23 | the determination. The defendant retains the right to | ||||||
24 | challenge the validity of a risk assessment tool used by the | ||||||
25 | court and to present evidence relevant to the defendant's | ||||||
26 | challenge. |
| |||||||
| |||||||
1 | (e) If a person remains in pretrial detention after his or | ||||||
2 | her pretrial conditions hearing after having been ordered | ||||||
3 | released with pretrial conditions, the court shall hold a | ||||||
4 | hearing to determine the reason for continued detention. If | ||||||
5 | the reason for continued detention is due to the | ||||||
6 | unavailability or the defendant's ineligibility for one or | ||||||
7 | more pretrial conditions previously ordered by the court or | ||||||
8 | directed by a pretrial services agency, the court shall reopen | ||||||
9 | the conditions of release hearing to determine what available | ||||||
10 | pretrial conditions exist that will reasonably assure the | ||||||
11 | appearance of a defendant as required or the safety of any | ||||||
12 | other person and the likelihood of compliance by the defendant | ||||||
13 | with all the conditions of pretrial release. The inability of | ||||||
14 | the defendant Defendant to pay for a condition of release or | ||||||
15 | any other ineligibility for a condition of pretrial release | ||||||
16 | shall not be used as a justification for the pretrial | ||||||
17 | detention of that defendant Defendant . | ||||||
18 | (f) Prior to the defendant's first appearance, the Court | ||||||
19 | shall appoint the public defender or a licensed attorney at | ||||||
20 | law of this State to represent the defendant Defendant for | ||||||
21 | purposes of that hearing, unless the defendant has obtained | ||||||
22 | licensed counsel for themselves. | ||||||
23 | (g) Electronic monitoring, GPS monitoring, or home | ||||||
24 | confinement can only be imposed as a condition of pretrial | ||||||
25 | release if a no less restrictive condition of release or | ||||||
26 | combination of less restrictive condition of release would |
| |||||||
| |||||||
1 | reasonably ensure the appearance of the defendant for later | ||||||
2 | hearings or protect an identifiable person or persons from | ||||||
3 | imminent threat of serious physical harm. | ||||||
4 | (h) If the court imposes electronic monitoring, GPS | ||||||
5 | monitoring, or home confinement , the court shall set forth in | ||||||
6 | the record the basis for its finding. A defendant shall be | ||||||
7 | given custodial credit for each day he or she was subjected to | ||||||
8 | that program, at the same rate described in subsection (b) of | ||||||
9 | Section 5-4.5-100 of the Unified Code of Corrections unified | ||||||
10 | code of correction . | ||||||
11 | (i) If electronic monitoring, GPS monitoring, or home | ||||||
12 | confinement is imposed, the court shall determine every 60 | ||||||
13 | days if no less restrictive condition of release or | ||||||
14 | combination of less restrictive conditions of release would | ||||||
15 | reasonably ensure the appearance, or continued appearance, of | ||||||
16 | the defendant for later hearings or protect an identifiable | ||||||
17 | person or persons from imminent threat of serious physical | ||||||
18 | harm. If the court finds that there are less restrictive | ||||||
19 | conditions of release, the court shall order that the | ||||||
20 | condition be removed. This subsection takes effect January 1, | ||||||
21 | 2022. | ||||||
22 | (j) Crime Victims shall be given notice by the State's | ||||||
23 | Attorney's office of this hearing as required in paragraph (1) | ||||||
24 | of subsection (b) of Section 4.5 of the Rights of Crime Victims | ||||||
25 | and Witnesses Act and shall be informed of their opportunity | ||||||
26 | at this hearing to obtain an order of protection under Article |
| |||||||
| |||||||
1 | 112A of this Code.
| ||||||
2 | (Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21; | ||||||
3 | 102-558, eff. 8-20-21; revised 12-15-21.)
| ||||||
4 | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| ||||||
5 | Sec. 112A-14. Domestic violence order of protection; | ||||||
6 | remedies.
| ||||||
7 | (a) (Blank).
| ||||||
8 | (b) The court may order any of the remedies listed in this | ||||||
9 | subsection (b).
The remedies listed in this subsection (b) | ||||||
10 | shall be in addition to other civil
or criminal remedies | ||||||
11 | available to petitioner.
| ||||||
12 | (1) Prohibition of abuse. Prohibit respondent's | ||||||
13 | harassment,
interference with personal liberty, | ||||||
14 | intimidation of a dependent, physical
abuse, or willful | ||||||
15 | deprivation, as defined in this Article, if such abuse has
| ||||||
16 | occurred or otherwise appears likely to occur if not | ||||||
17 | prohibited.
| ||||||
18 | (2) Grant of exclusive possession of residence. | ||||||
19 | Prohibit respondent
from entering or remaining in any | ||||||
20 | residence, household, or premises of the petitioner,
| ||||||
21 | including one owned or leased by respondent, if petitioner | ||||||
22 | has a right
to occupancy thereof. The grant of exclusive | ||||||
23 | possession of the residence, household, or premises
shall | ||||||
24 | not affect title to real property, nor shall the court be | ||||||
25 | limited by
the standard set forth in subsection (c-2) of |
| |||||||
| |||||||
1 | Section 501 of the Illinois Marriage and
Dissolution of | ||||||
2 | Marriage Act.
| ||||||
3 | (A) Right to occupancy. A party has a right to | ||||||
4 | occupancy of a
residence or household if it is
solely | ||||||
5 | or jointly owned or leased by that party, that party's | ||||||
6 | spouse, a
person with a legal duty to support that | ||||||
7 | party or a minor child in that
party's care, or by any | ||||||
8 | person or entity other than the opposing party that
| ||||||
9 | authorizes that party's occupancy (e.g., a domestic | ||||||
10 | violence shelter).
Standards set forth in subparagraph | ||||||
11 | (B) shall not preclude equitable relief.
| ||||||
12 | (B) Presumption of hardships. If petitioner and | ||||||
13 | respondent
each has the right to occupancy of a | ||||||
14 | residence or household, the court
shall balance (i) | ||||||
15 | the hardships to respondent and any minor child or
| ||||||
16 | dependent adult in respondent's care resulting from | ||||||
17 | entry of this remedy with (ii)
the hardships to | ||||||
18 | petitioner and any minor child or dependent adult in
| ||||||
19 | petitioner's care resulting from continued exposure to | ||||||
20 | the risk of abuse (should
petitioner remain at the | ||||||
21 | residence or household) or from loss of possession
of | ||||||
22 | the residence or household (should petitioner leave to | ||||||
23 | avoid the risk
of abuse). When determining the balance | ||||||
24 | of hardships, the court shall also
take into account | ||||||
25 | the accessibility of the residence or household.
| ||||||
26 | Hardships need not be balanced if respondent does not |
| |||||||
| |||||||
1 | have a right to occupancy.
| ||||||
2 | The balance of hardships is presumed to favor | ||||||
3 | possession by
petitioner unless the presumption is | ||||||
4 | rebutted by a preponderance of the
evidence, showing | ||||||
5 | that the hardships to respondent substantially | ||||||
6 | outweigh
the hardships to petitioner and any minor | ||||||
7 | child or dependent adult in petitioner's
care. The | ||||||
8 | court, on the request of petitioner or on its own | ||||||
9 | motion,
may order respondent to provide suitable, | ||||||
10 | accessible, alternate housing
for petitioner instead | ||||||
11 | of
excluding respondent from a mutual residence or | ||||||
12 | household.
| ||||||
13 | (3) Stay away order and additional prohibitions.
Order | ||||||
14 | respondent to stay away from petitioner or any other | ||||||
15 | person
protected by the domestic violence order of | ||||||
16 | protection, or prohibit respondent from entering
or | ||||||
17 | remaining present at petitioner's school, place of | ||||||
18 | employment, or other
specified places at times when | ||||||
19 | petitioner is present, or both, if
reasonable, given
the | ||||||
20 | balance of hardships. Hardships need not be balanced for | ||||||
21 | the court
to enter a stay away order or prohibit entry
if | ||||||
22 | respondent has no right to enter the premises.
| ||||||
23 | (A) If a domestic violence order of protection | ||||||
24 | grants petitioner exclusive possession
of the | ||||||
25 | residence, prohibits respondent from entering the | ||||||
26 | residence,
or orders respondent to stay away from |
| |||||||
| |||||||
1 | petitioner or other
protected persons, then the court | ||||||
2 | may allow respondent access to the
residence to remove | ||||||
3 | items of clothing and personal adornment
used | ||||||
4 | exclusively by respondent, medications, and other | ||||||
5 | items as the court directs.
The right to access shall | ||||||
6 | be exercised on only one occasion as the court directs
| ||||||
7 | and in the presence of an agreed-upon adult third | ||||||
8 | party or law enforcement officer.
| ||||||
9 | (B) When the petitioner and the respondent attend | ||||||
10 | the same public, private, or non-public elementary, | ||||||
11 | middle, or high school, the court when issuing a | ||||||
12 | domestic violence order of protection and providing | ||||||
13 | relief shall consider the severity of the act, any | ||||||
14 | continuing physical danger or emotional distress to | ||||||
15 | the petitioner, the educational rights guaranteed to | ||||||
16 | the petitioner and respondent under federal and State | ||||||
17 | law, the availability of a transfer of the respondent | ||||||
18 | to another school, a change of placement or a change of | ||||||
19 | program of the respondent, the expense, difficulty, | ||||||
20 | and educational disruption that would be caused by a | ||||||
21 | transfer of the respondent to another school, and any | ||||||
22 | other relevant facts of the case. The court may order | ||||||
23 | that the respondent not attend the public, private, or | ||||||
24 | non-public elementary, middle, or high school attended | ||||||
25 | by the petitioner, order that the respondent accept a | ||||||
26 | change of placement or change of program, as |
| |||||||
| |||||||
1 | determined by the school district or private or | ||||||
2 | non-public school, or place restrictions on the | ||||||
3 | respondent's movements within the school attended by | ||||||
4 | the petitioner. The respondent bears the burden of | ||||||
5 | proving by a preponderance of the evidence that a | ||||||
6 | transfer, change of placement, or change of program of | ||||||
7 | the respondent is not available. The respondent also | ||||||
8 | bears the burden of production with respect to the | ||||||
9 | expense, difficulty, and educational disruption that | ||||||
10 | would be caused by a transfer of the respondent to | ||||||
11 | another school. A transfer, change of placement, or | ||||||
12 | change of program is not unavailable to the respondent | ||||||
13 | solely on the ground that the respondent does not | ||||||
14 | agree with the school district's or private or | ||||||
15 | non-public school's transfer, change of placement, or | ||||||
16 | change of program or solely on the ground that the | ||||||
17 | respondent fails or refuses to consent or otherwise | ||||||
18 | does not take an action required to effectuate a | ||||||
19 | transfer, change of placement, or change of program. | ||||||
20 | When a court orders a respondent to stay away from the | ||||||
21 | public, private, or non-public school attended by the | ||||||
22 | petitioner and the respondent requests a transfer to | ||||||
23 | another attendance center within the respondent's | ||||||
24 | school district or private or non-public school, the | ||||||
25 | school district or private or non-public school shall | ||||||
26 | have sole discretion to determine the attendance |
| |||||||
| |||||||
1 | center to which the respondent is transferred. If the | ||||||
2 | court order results in a transfer of the minor | ||||||
3 | respondent to another attendance center, a change in | ||||||
4 | the respondent's placement, or a change of the | ||||||
5 | respondent's program, the parents, guardian, or legal | ||||||
6 | custodian of the respondent is responsible for | ||||||
7 | transportation and other costs associated with the | ||||||
8 | transfer or change. | ||||||
9 | (C) The court may order the parents, guardian, or | ||||||
10 | legal custodian of a minor respondent to take certain | ||||||
11 | actions or to refrain from taking certain actions to | ||||||
12 | ensure that the respondent complies with the order. If | ||||||
13 | the court orders a transfer of the respondent to | ||||||
14 | another school, the parents, guardian, or legal | ||||||
15 | custodian of the respondent is responsible for | ||||||
16 | transportation and other costs associated with the | ||||||
17 | change of school by the respondent. | ||||||
18 | (4) Counseling. Require or recommend the respondent to | ||||||
19 | undergo
counseling for a specified duration with a social | ||||||
20 | worker, psychologist,
clinical psychologist, | ||||||
21 | psychiatrist, family service agency, alcohol or
substance | ||||||
22 | abuse program, mental health center guidance counselor, | ||||||
23 | agency
providing services to elders, program designed for | ||||||
24 | domestic violence
abusers, or any other guidance service | ||||||
25 | the court deems appropriate. The court may order the | ||||||
26 | respondent in any intimate partner relationship to report |
| |||||||
| |||||||
1 | to an Illinois Department of Human Services protocol | ||||||
2 | approved partner abuse intervention program for an | ||||||
3 | assessment and to follow all recommended treatment.
| ||||||
4 | (5) Physical care and possession of the minor child. | ||||||
5 | In order to protect
the minor child from abuse, neglect, | ||||||
6 | or unwarranted separation from the person
who has been the | ||||||
7 | minor child's primary caretaker, or to otherwise protect | ||||||
8 | the
well-being of the minor child, the court may do either | ||||||
9 | or both of the following:
(i) grant petitioner physical | ||||||
10 | care or possession of the minor child, or both, or
(ii) | ||||||
11 | order respondent to return a minor child to, or not remove | ||||||
12 | a minor child
from, the physical care of a parent or person | ||||||
13 | in loco parentis.
| ||||||
14 | If the respondent is charged with abuse
(as defined in | ||||||
15 | Section 112A-3 of this Code) of a minor child, there shall | ||||||
16 | be a
rebuttable presumption that awarding physical care to | ||||||
17 | respondent would not
be in the minor child's best | ||||||
18 | interest.
| ||||||
19 | (6) Temporary allocation of parental responsibilities | ||||||
20 | and significant decision-making responsibilities.
Award | ||||||
21 | temporary significant decision-making responsibility to | ||||||
22 | petitioner in accordance with this Section,
the Illinois | ||||||
23 | Marriage
and Dissolution of Marriage Act, the Illinois | ||||||
24 | Parentage Act of 2015,
and this State's Uniform | ||||||
25 | Child-Custody
Jurisdiction and Enforcement Act.
| ||||||
26 | If the respondent
is charged with abuse (as defined in |
| |||||||
| |||||||
1 | Section 112A-3 of this Code) of a
minor child, there shall | ||||||
2 | be a rebuttable presumption that awarding
temporary | ||||||
3 | significant decision-making responsibility to respondent | ||||||
4 | would not be in the
child's best interest.
| ||||||
5 | (7) Parenting time. Determine the parenting time, if | ||||||
6 | any, of respondent in any case in which the court
awards | ||||||
7 | physical care or temporary significant decision-making | ||||||
8 | responsibility of a minor child to
petitioner. The court | ||||||
9 | shall restrict or deny respondent's parenting time with
a | ||||||
10 | minor child if
the court finds that respondent has done or | ||||||
11 | is likely to do any of the
following: | ||||||
12 | (i) abuse or endanger the minor child during | ||||||
13 | parenting time; | ||||||
14 | (ii) use the parenting time
as an opportunity to | ||||||
15 | abuse or harass petitioner or
petitioner's family or | ||||||
16 | household members; | ||||||
17 | (iii) improperly conceal or
detain the minor | ||||||
18 | child; or | ||||||
19 | (iv) otherwise act in a manner that is not in
the | ||||||
20 | best interests of the minor child. | ||||||
21 | The court shall not be limited by the
standards set | ||||||
22 | forth in Section 603.10 of the Illinois Marriage and
| ||||||
23 | Dissolution of Marriage Act. If the court grants parenting | ||||||
24 | time, the order
shall specify dates and times for the | ||||||
25 | parenting time to take place or other
specific parameters | ||||||
26 | or conditions that are appropriate. No order for parenting |
| |||||||
| |||||||
1 | time
shall refer merely to the term "reasonable parenting | ||||||
2 | time". Petitioner may deny respondent access to the minor | ||||||
3 | child if, when
respondent arrives for parenting time, | ||||||
4 | respondent is under the influence of drugs
or alcohol and | ||||||
5 | constitutes a threat to the safety and well-being of
| ||||||
6 | petitioner or petitioner's minor children or is behaving | ||||||
7 | in a violent or abusive manner. If necessary to protect | ||||||
8 | any member of petitioner's family or
household from future | ||||||
9 | abuse, respondent shall be prohibited from coming to
| ||||||
10 | petitioner's residence to meet the minor child for | ||||||
11 | parenting time, and the petitioner and respondent
shall | ||||||
12 | submit to the court their recommendations for reasonable
| ||||||
13 | alternative arrangements for parenting time. A person may | ||||||
14 | be approved to
supervise parenting time only after filing | ||||||
15 | an affidavit accepting
that responsibility and | ||||||
16 | acknowledging accountability to the court.
| ||||||
17 | (8) Removal or concealment of minor child.
Prohibit | ||||||
18 | respondent from
removing a minor child from the State or | ||||||
19 | concealing the child within the
State.
| ||||||
20 | (9) Order to appear. Order the respondent to
appear in | ||||||
21 | court, alone
or with a minor child, to prevent abuse, | ||||||
22 | neglect, removal or concealment of
the child, to return | ||||||
23 | the child to the custody or care of the petitioner, or
to | ||||||
24 | permit any court-ordered interview or examination of the | ||||||
25 | child or the
respondent.
| ||||||
26 | (10) Possession of personal property. Grant petitioner |
| |||||||
| |||||||
1 | exclusive
possession of personal property and, if | ||||||
2 | respondent has possession or
control, direct respondent to | ||||||
3 | promptly make it available to petitioner, if:
| ||||||
4 | (i) petitioner, but not respondent, owns the | ||||||
5 | property; or
| ||||||
6 | (ii) the petitioner and respondent own the | ||||||
7 | property jointly; sharing it would risk
abuse of | ||||||
8 | petitioner by respondent or is impracticable; and the | ||||||
9 | balance of
hardships favors temporary possession by | ||||||
10 | petitioner.
| ||||||
11 | If petitioner's sole claim to ownership of the | ||||||
12 | property is that it is
marital property, the court may | ||||||
13 | award petitioner temporary possession
thereof under the | ||||||
14 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
15 | proper proceeding has been filed under the Illinois | ||||||
16 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
17 | hereafter amended.
| ||||||
18 | No order under this provision shall affect title to | ||||||
19 | property.
| ||||||
20 | (11) Protection of property. Forbid the respondent | ||||||
21 | from taking,
transferring, encumbering, concealing, | ||||||
22 | damaging, or otherwise disposing of
any real or personal | ||||||
23 | property, except as explicitly authorized by the
court, | ||||||
24 | if:
| ||||||
25 | (i) petitioner, but not respondent, owns the | ||||||
26 | property; or
|
| |||||||
| |||||||
1 | (ii) the petitioner and respondent own the | ||||||
2 | property jointly,
and the balance of hardships favors | ||||||
3 | granting this remedy.
| ||||||
4 | If petitioner's sole claim to ownership of the | ||||||
5 | property is that it is
marital property, the court may | ||||||
6 | grant petitioner relief under subparagraph
(ii) of this | ||||||
7 | paragraph only if a proper proceeding has been filed under | ||||||
8 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
9 | now or hereafter amended.
| ||||||
10 | The court may further prohibit respondent from | ||||||
11 | improperly using the
financial or other resources of an | ||||||
12 | aged member of the family or household
for the profit or | ||||||
13 | advantage of respondent or of any other person.
| ||||||
14 | (11.5) Protection of animals. Grant the petitioner the | ||||||
15 | exclusive care, custody, or control of any animal owned, | ||||||
16 | possessed, leased, kept, or held by either the petitioner | ||||||
17 | or the respondent or a minor child residing in the | ||||||
18 | residence or household of either the petitioner or the | ||||||
19 | respondent and order the respondent to stay away from the | ||||||
20 | animal and forbid the respondent from taking, | ||||||
21 | transferring, encumbering, concealing, harming, or | ||||||
22 | otherwise disposing of the animal.
| ||||||
23 | (12) Order for payment of support. Order
respondent to | ||||||
24 | pay temporary
support for the petitioner or any child in | ||||||
25 | the petitioner's care or over whom the petitioner has been | ||||||
26 | allocated parental responsibility, when the respondent has |
| |||||||
| |||||||
1 | a legal obligation to support that person,
in accordance | ||||||
2 | with the Illinois Marriage and Dissolution
of Marriage | ||||||
3 | Act, which shall govern, among other matters, the amount | ||||||
4 | of
support, payment through the clerk and withholding of | ||||||
5 | income to secure
payment. An order for child support may | ||||||
6 | be granted to a petitioner with
lawful physical care of a | ||||||
7 | child, or an order or agreement for
physical care of a | ||||||
8 | child, prior to entry of an order allocating significant | ||||||
9 | decision-making responsibility.
Such a support order shall | ||||||
10 | expire upon entry of a valid order allocating parental | ||||||
11 | responsibility differently and vacating petitioner's | ||||||
12 | significant decision-making responsibility unless | ||||||
13 | otherwise provided in the order.
| ||||||
14 | (13) Order for payment of losses. Order
respondent to | ||||||
15 | pay petitioner
for losses suffered as a direct result of | ||||||
16 | the abuse. Such losses shall
include, but not be limited | ||||||
17 | to, medical expenses, lost earnings or other
support, | ||||||
18 | repair or replacement of property damaged or taken, | ||||||
19 | reasonable
attorney's fees, court costs, and moving or | ||||||
20 | other travel expenses, including
additional reasonable | ||||||
21 | expenses for temporary shelter and restaurant meals.
| ||||||
22 | (i) Losses affecting family needs. If a party is | ||||||
23 | entitled to seek
maintenance, child support, or | ||||||
24 | property distribution from the other party
under the | ||||||
25 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
26 | now or
hereafter amended, the court may order |
| |||||||
| |||||||
1 | respondent to reimburse petitioner's
actual losses, to | ||||||
2 | the extent that such reimbursement would be | ||||||
3 | "appropriate
temporary relief", as authorized by | ||||||
4 | subsection (a)(3) of
Section 501 of that Act.
| ||||||
5 | (ii) Recovery of expenses. In the case of an | ||||||
6 | improper concealment
or removal of a minor child, the | ||||||
7 | court may order respondent to pay the reasonable
| ||||||
8 | expenses incurred or to be incurred in the search for | ||||||
9 | and recovery of the
minor child, including, but not | ||||||
10 | limited to, legal fees, court costs, private
| ||||||
11 | investigator fees, and travel costs.
| ||||||
12 | (14) Prohibition of entry. Prohibit the respondent | ||||||
13 | from entering or
remaining in the residence or household | ||||||
14 | while the respondent is under the
influence of alcohol or | ||||||
15 | drugs and constitutes a threat to the safety and
| ||||||
16 | well-being of the petitioner or the petitioner's children.
| ||||||
17 | (14.5) Prohibition of firearm possession. | ||||||
18 | (A) A person who is subject to an existing | ||||||
19 | domestic violence order of protection issued under | ||||||
20 | this Code may not lawfully possess weapons or a | ||||||
21 | Firearm Owner's Identification Card under Section 8.2 | ||||||
22 | of the Firearm Owners Identification Card Act. | ||||||
23 | (B) Any firearms in the
possession of the | ||||||
24 | respondent, except as provided in subparagraph (C) of | ||||||
25 | this paragraph (14.5), shall be ordered by the court | ||||||
26 | to be turned
over to a person with a valid Firearm |
| |||||||
| |||||||
1 | Owner's Identification Card for safekeeping. The court | ||||||
2 | shall issue an order that the respondent comply with | ||||||
3 | Section 9.5 of the Firearm Owners Identification Card | ||||||
4 | Act.
Illinois | ||||||
5 | (C) If the respondent is a peace officer as | ||||||
6 | defined in Section 2-13 of
the
Criminal Code of 2012, | ||||||
7 | the court shall order that any firearms used by the
| ||||||
8 | respondent in the performance of his or her duties as a
| ||||||
9 | peace officer be surrendered to
the chief law | ||||||
10 | enforcement executive of the agency in which the | ||||||
11 | respondent is
employed, who shall retain the firearms | ||||||
12 | for safekeeping for the duration of the domestic | ||||||
13 | violence order of protection.
| ||||||
14 | (D) Upon expiration of the period of safekeeping, | ||||||
15 | if the firearms or Firearm Owner's Identification Card | ||||||
16 | cannot be returned to respondent because respondent | ||||||
17 | cannot be located, fails to respond to requests to | ||||||
18 | retrieve the firearms, or is not lawfully eligible to | ||||||
19 | possess a firearm, upon petition from the local law | ||||||
20 | enforcement agency, the court may order the local law | ||||||
21 | enforcement agency to destroy the firearms, use the | ||||||
22 | firearms for training purposes, or for any other | ||||||
23 | application as deemed appropriate by the local law | ||||||
24 | enforcement agency; or that the firearms be turned | ||||||
25 | over to a third party who is lawfully eligible to | ||||||
26 | possess firearms, and who does not reside with |
| |||||||
| |||||||
1 | respondent. | ||||||
2 | (15) Prohibition of access to records. If a domestic | ||||||
3 | violence order of protection
prohibits respondent from | ||||||
4 | having contact with the minor child,
or if petitioner's | ||||||
5 | address is omitted under subsection (b) of
Section 112A-5 | ||||||
6 | of this Code, or if necessary to prevent abuse or wrongful | ||||||
7 | removal or
concealment of a minor child, the order shall | ||||||
8 | deny respondent access to, and
prohibit respondent from | ||||||
9 | inspecting, obtaining, or attempting to
inspect or obtain, | ||||||
10 | school or any other records of the minor child
who is in | ||||||
11 | the care of petitioner.
| ||||||
12 | (16) Order for payment of shelter services. Order | ||||||
13 | respondent to
reimburse a shelter providing temporary | ||||||
14 | housing and counseling services to
the petitioner for the | ||||||
15 | cost of the services, as certified by the shelter
and | ||||||
16 | deemed reasonable by the court.
| ||||||
17 | (17) Order for injunctive relief. Enter injunctive | ||||||
18 | relief necessary
or appropriate to prevent further abuse | ||||||
19 | of a family or household member or
to effectuate one of the | ||||||
20 | granted remedies, if supported by the balance of
| ||||||
21 | hardships. If the harm to be prevented by the injunction | ||||||
22 | is abuse or any
other harm that one of the remedies listed | ||||||
23 | in paragraphs (1) through (16)
of this subsection is | ||||||
24 | designed to prevent, no further evidence is necessary
to | ||||||
25 | establish that the harm is an irreparable injury.
| ||||||
26 | (18) Telephone services. |
| |||||||
| |||||||
1 | (A) Unless a condition described in subparagraph | ||||||
2 | (B) of this paragraph exists, the court may, upon | ||||||
3 | request by the petitioner, order a wireless telephone | ||||||
4 | service provider to transfer to the petitioner the | ||||||
5 | right to continue to use a telephone number or numbers | ||||||
6 | indicated by the petitioner and the financial | ||||||
7 | responsibility associated with the number or numbers, | ||||||
8 | as set forth in subparagraph (C) of this paragraph. In | ||||||
9 | this paragraph (18), the term "wireless telephone | ||||||
10 | service provider" means a provider of commercial | ||||||
11 | mobile service as defined in 47 U.S.C. 332. The | ||||||
12 | petitioner may request the transfer of each telephone | ||||||
13 | number that the petitioner, or a minor child in his or | ||||||
14 | her custody, uses. The clerk of the court shall serve | ||||||
15 | the order on the wireless telephone service provider's | ||||||
16 | agent for service of process provided to the Illinois | ||||||
17 | Commerce Commission. The order shall contain all of | ||||||
18 | the following: | ||||||
19 | (i) The name and billing telephone number of | ||||||
20 | the account holder including the name of the | ||||||
21 | wireless telephone service provider that serves | ||||||
22 | the account. | ||||||
23 | (ii) Each telephone number that will be | ||||||
24 | transferred. | ||||||
25 | (iii) A statement that the provider transfers | ||||||
26 | to the petitioner all financial responsibility for |
| |||||||
| |||||||
1 | and right to the use of any telephone number | ||||||
2 | transferred under this paragraph. | ||||||
3 | (B) A wireless telephone service provider shall | ||||||
4 | terminate the respondent's use of, and shall transfer | ||||||
5 | to the petitioner use of, the telephone number or | ||||||
6 | numbers indicated in subparagraph (A) of this | ||||||
7 | paragraph unless it notifies the petitioner, within 72 | ||||||
8 | hours after it receives the order, that one of the | ||||||
9 | following applies: | ||||||
10 | (i) The account holder named in the order has | ||||||
11 | terminated the account. | ||||||
12 | (ii) A difference in network technology would | ||||||
13 | prevent or impair the functionality of a device on | ||||||
14 | a network if the transfer occurs. | ||||||
15 | (iii) The transfer would cause a geographic or | ||||||
16 | other limitation on network or service provision | ||||||
17 | to the petitioner. | ||||||
18 | (iv) Another technological or operational | ||||||
19 | issue would prevent or impair the use of the | ||||||
20 | telephone number if the transfer occurs. | ||||||
21 | (C) The petitioner assumes all financial | ||||||
22 | responsibility for and right to the use of any | ||||||
23 | telephone number transferred under this paragraph. In | ||||||
24 | this paragraph, "financial responsibility" includes | ||||||
25 | monthly service costs and costs associated with any | ||||||
26 | mobile device associated with the number. |
| |||||||
| |||||||
1 | (D) A wireless telephone service provider may | ||||||
2 | apply to the petitioner its routine and customary | ||||||
3 | requirements for establishing an account or | ||||||
4 | transferring a number, including requiring the | ||||||
5 | petitioner to provide proof of identification, | ||||||
6 | financial information, and customer preferences.
| ||||||
7 | (E) Except for willful or wanton misconduct, a | ||||||
8 | wireless telephone service provider is immune from | ||||||
9 | civil liability for its actions taken in compliance | ||||||
10 | with a court order issued under this paragraph. | ||||||
11 | (F) All wireless service providers that provide | ||||||
12 | services to residential customers shall provide to the | ||||||
13 | Illinois Commerce Commission the name and address of | ||||||
14 | an agent for service of orders entered under this | ||||||
15 | paragraph (18). Any change in status of the registered | ||||||
16 | agent must be reported to the Illinois Commerce | ||||||
17 | Commission within 30 days of such change. | ||||||
18 | (G) The Illinois Commerce Commission shall | ||||||
19 | maintain the list of registered agents for service for | ||||||
20 | each wireless telephone service provider on the | ||||||
21 | Commission's website. The Commission may consult with | ||||||
22 | wireless telephone service providers and the Circuit | ||||||
23 | Court Clerks on the manner in which this information | ||||||
24 | is provided and displayed. | ||||||
25 | (c) Relevant factors; findings.
| ||||||
26 | (1) In determining whether to grant a
specific remedy, |
| |||||||
| |||||||
1 | other than payment of support, the
court shall consider | ||||||
2 | relevant factors, including, but not limited to, the
| ||||||
3 | following:
| ||||||
4 | (i) the nature, frequency, severity, pattern, and | ||||||
5 | consequences of the
respondent's past abuse of the | ||||||
6 | petitioner or any family or household
member, | ||||||
7 | including the concealment of his or her location in | ||||||
8 | order to evade
service of process or notice, and the | ||||||
9 | likelihood of danger of future abuse to
petitioner or
| ||||||
10 | any member of petitioner's or respondent's family or | ||||||
11 | household; and
| ||||||
12 | (ii) the danger that any minor child will be | ||||||
13 | abused or neglected or
improperly relocated from the | ||||||
14 | jurisdiction, improperly concealed within the
State, | ||||||
15 | or improperly separated from the child's primary | ||||||
16 | caretaker.
| ||||||
17 | (2) In comparing relative hardships resulting to the | ||||||
18 | parties from loss
of possession of the family home, the | ||||||
19 | court shall consider relevant
factors, including, but not | ||||||
20 | limited to, the following:
| ||||||
21 | (i) availability, accessibility, cost, safety, | ||||||
22 | adequacy, location, and other
characteristics of | ||||||
23 | alternate housing for each party and any minor child | ||||||
24 | or
dependent adult in the party's care;
| ||||||
25 | (ii) the effect on the party's employment; and
| ||||||
26 | (iii) the effect on the relationship of the party, |
| |||||||
| |||||||
1 | and any minor
child or dependent adult in the party's | ||||||
2 | care, to family, school, church,
and community.
| ||||||
3 | (3) Subject to the exceptions set forth in paragraph | ||||||
4 | (4) of this
subsection (c), the court shall make its | ||||||
5 | findings in an official record or in
writing, and shall at | ||||||
6 | a minimum set forth the following:
| ||||||
7 | (i) That the court has considered the applicable | ||||||
8 | relevant factors
described in paragraphs (1) and (2) | ||||||
9 | of this subsection (c).
| ||||||
10 | (ii) Whether the conduct or actions of respondent, | ||||||
11 | unless
prohibited, will likely cause irreparable harm | ||||||
12 | or continued abuse.
| ||||||
13 | (iii) Whether it is necessary to grant the | ||||||
14 | requested relief in order
to protect petitioner or | ||||||
15 | other alleged abused persons.
| ||||||
16 | (4) (Blank).
| ||||||
17 | (5) Never married parties. No rights or | ||||||
18 | responsibilities for a minor
child born outside of | ||||||
19 | marriage attach to a putative father until a father and
| ||||||
20 | child relationship has been established under the Illinois | ||||||
21 | Parentage Act of
1984, the Illinois Parentage Act of 2015, | ||||||
22 | the Illinois Public Aid Code, Section 12 of the Vital | ||||||
23 | Records Act, the Juvenile Court Act of 1987, the Probate | ||||||
24 | Act of 1975, the Uniform Interstate Family Support Act, | ||||||
25 | the Expedited Child Support Act of 1990, any judicial, | ||||||
26 | administrative, or other act of another state or |
| |||||||
| |||||||
1 | territory, any other statute of this State, or by any | ||||||
2 | foreign nation establishing the father and child | ||||||
3 | relationship, any other proceeding substantially in | ||||||
4 | conformity with the federal Personal Responsibility and | ||||||
5 | Work Opportunity Reconciliation Act of 1996, or when both | ||||||
6 | parties appeared in open court or at an administrative | ||||||
7 | hearing acknowledging under oath or admitting by | ||||||
8 | affirmation the existence of a father and child | ||||||
9 | relationship. Absent such an adjudication, no putative | ||||||
10 | father shall be granted
temporary allocation of parental | ||||||
11 | responsibilities, including parenting time with the minor | ||||||
12 | child, or
physical care
and possession of the minor child, | ||||||
13 | nor shall
an order of payment for support of the minor | ||||||
14 | child be entered.
| ||||||
15 | (d) Balance of hardships; findings. If the court finds | ||||||
16 | that the balance
of hardships does not support the granting of | ||||||
17 | a remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| ||||||
18 | subsection (b) of this Section,
which may require such | ||||||
19 | balancing, the court's findings shall so
indicate and shall | ||||||
20 | include a finding as to whether granting the remedy will
| ||||||
21 | result in hardship to respondent that would substantially | ||||||
22 | outweigh the hardship
to petitioner
from denial of the remedy. | ||||||
23 | The findings shall be an official record or in
writing.
| ||||||
24 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
25 | based, in
whole or in part, on evidence that:
| ||||||
26 | (1) respondent has cause for any use of force, unless |
| |||||||
| |||||||
1 | that cause
satisfies the standards for justifiable use of | ||||||
2 | force provided by Article
7 of the Criminal Code of 2012;
| ||||||
3 | (2) respondent was voluntarily intoxicated;
| ||||||
4 | (3) petitioner acted in self-defense or defense of | ||||||
5 | another, provided
that, if petitioner utilized force, such | ||||||
6 | force was justifiable under
Article 7 of the Criminal Code | ||||||
7 | of 2012;
| ||||||
8 | (4) petitioner did not act in self-defense or defense | ||||||
9 | of another;
| ||||||
10 | (5) petitioner left the residence or household to | ||||||
11 | avoid further abuse
by respondent;
| ||||||
12 | (6) petitioner did not leave the residence or | ||||||
13 | household to avoid further
abuse by respondent; or
| ||||||
14 | (7) conduct by any family or household member excused | ||||||
15 | the abuse by
respondent, unless that same conduct would | ||||||
16 | have excused such abuse if the
parties had not been family | ||||||
17 | or household members.
| ||||||
18 | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
19 | 102-538, eff. 8-20-21; revised 11-2-21.)
| ||||||
20 | (725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
| ||||||
21 | Sec. 112A-20. Duration and extension of final protective | ||||||
22 | orders.
| ||||||
23 | (a) (Blank).
| ||||||
24 | (b) A final protective order shall remain in effect as | ||||||
25 | follows:
|
| |||||||
| |||||||
1 | (1) if entered during pre-trial release, until | ||||||
2 | disposition, withdrawal,
or dismissal of the underlying | ||||||
3 | charge; if, however, the case is continued as an
| ||||||
4 | independent cause of action, the order's duration may be | ||||||
5 | for a fixed period
of time not to exceed 2 years;
| ||||||
6 | (2) if in effect in conjunction with a bond forfeiture | ||||||
7 | warrant, until
final disposition or an additional period
| ||||||
8 | of time not
exceeding 2 years; no domestic violence order | ||||||
9 | of
protection, however, shall be terminated by a dismissal | ||||||
10 | that is accompanied
by the issuance of a bond forfeiture | ||||||
11 | warrant;
| ||||||
12 | (3) until 2 years after the expiration of any | ||||||
13 | supervision, conditional discharge,
probation, periodic | ||||||
14 | imprisonment, parole, aftercare release, or mandatory | ||||||
15 | supervised release for domestic violence orders of | ||||||
16 | protection and civil no contact orders;
| ||||||
17 | (4) until 2 years after the date set by the court for | ||||||
18 | expiration of any sentence of
imprisonment and subsequent | ||||||
19 | parole, aftercare release, or mandatory supervised release
| ||||||
20 | for domestic violence orders of protection and civil no | ||||||
21 | contact orders;
| ||||||
22 | (5) permanent for a stalking no contact order if a | ||||||
23 | judgment of conviction for stalking is entered; or | ||||||
24 | (6) permanent for a civil no contact order at the | ||||||
25 | victim's request if a judgment of conviction for criminal | ||||||
26 | sexual assault, aggravated criminal sexual assault, |
| |||||||
| |||||||
1 | criminal sexual abuse, excluding a conviction under | ||||||
2 | subsection (c) of Section 11-1.50 of the Criminal Code of | ||||||
3 | 2012, or aggravated criminal sexual abuse is entered. | ||||||
4 | (c) Computation of time. The duration of a domestic | ||||||
5 | violence order of protection shall
not be reduced by the | ||||||
6 | duration of any prior domestic violence order of protection.
| ||||||
7 | (d) Law enforcement records. When a protective order | ||||||
8 | expires
upon the occurrence of a specified event, rather than | ||||||
9 | upon a specified date
as provided in subsection (b), no | ||||||
10 | expiration date shall be entered in
Illinois State Police | ||||||
11 | records. To remove the protective order from
those records, | ||||||
12 | either the petitioner or the respondent shall request the | ||||||
13 | clerk of the court to file a
certified copy of an order stating | ||||||
14 | that the specified event has occurred or
that the protective | ||||||
15 | order has been vacated or modified with the sheriff, and the
| ||||||
16 | sheriff shall direct that law enforcement records shall be | ||||||
17 | promptly
corrected in accordance with the filed order.
| ||||||
18 | (e) Extension of Orders. Any domestic violence order of
| ||||||
19 | protection or civil no contact order that expires 2 years | ||||||
20 | after the expiration of the defendant's sentence under | ||||||
21 | paragraph (2), (3), or (4) of subsection (b) of Section | ||||||
22 | 112A-20 of this Article may be extended one or more times, as | ||||||
23 | required. The petitioner, petitioner's counsel, or the State's | ||||||
24 | Attorney on the petitioner's behalf shall file the motion for | ||||||
25 | an extension of the final protective order in the criminal | ||||||
26 | case and serve the motion in accordance with Supreme Court |
| |||||||
| |||||||
1 | Rules 11 and 12. The court shall transfer the motion to the | ||||||
2 | appropriate court or division for consideration under | ||||||
3 | subsection (e) of Section 220 of the Illinois Domestic | ||||||
4 | Violence Act of 1986, subsection (c) of Section 216 of the | ||||||
5 | Civil No Contact Order Act, or subsection (c) of Section 105 of | ||||||
6 | the Stalking No Contact Order as appropriate.
| ||||||
7 | (f) Termination date. Any final protective order which | ||||||
8 | would expire on a
court holiday shall instead expire at the | ||||||
9 | close of the next court business day.
| ||||||
10 | (g) Statement of purpose. The practice of dismissing or | ||||||
11 | suspending a
criminal prosecution in exchange for issuing a | ||||||
12 | protective order
undermines the purposes of this Article. This | ||||||
13 | Section shall not be
construed as encouraging that practice.
| ||||||
14 | (Source: P.A. 102-184, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
15 | revised 10-20-21.)
| ||||||
16 | (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
| ||||||
17 | (Text of Section before amendment by P.A. 101-652 ) | ||||||
18 | Sec. 112A-23. Enforcement of protective orders.
| ||||||
19 | (a) When violation is crime. A violation of any protective | ||||||
20 | order,
whether issued in a civil, quasi-criminal proceeding, | ||||||
21 | shall be
enforced by a
criminal court when:
| ||||||
22 | (1) The respondent commits the crime of violation of a | ||||||
23 | domestic violence order of
protection pursuant to Section | ||||||
24 | 12-3.4 or 12-30 of the Criminal Code of
1961 or the | ||||||
25 | Criminal Code of 2012, by
having knowingly violated:
|
| |||||||
| |||||||
1 | (i) remedies described in paragraph paragraphs | ||||||
2 | (1), (2), (3), (14),
or
(14.5)
of subsection (b) of | ||||||
3 | Section 112A-14 of this Code,
| ||||||
4 | (ii) a remedy, which is substantially similar to | ||||||
5 | the remedies
authorized
under paragraph paragraphs | ||||||
6 | (1), (2), (3), (14), or (14.5) of subsection (b) of | ||||||
7 | Section 214
of the Illinois Domestic Violence Act of | ||||||
8 | 1986, in a valid order of protection,
which is | ||||||
9 | authorized under the laws of another state, tribe , or | ||||||
10 | United States
territory, or
| ||||||
11 | (iii) any other remedy when the act
constitutes a | ||||||
12 | crime against the protected parties as defined by the | ||||||
13 | Criminal
Code of 1961 or the Criminal Code of 2012.
| ||||||
14 | Prosecution for a violation of a domestic violence | ||||||
15 | order of protection shall
not bar concurrent prosecution | ||||||
16 | for any other crime, including any crime
that may have | ||||||
17 | been committed at the time of the violation of the | ||||||
18 | domestic violence order
of protection; or
| ||||||
19 | (2) The respondent commits the crime of child | ||||||
20 | abduction pursuant
to Section 10-5 of the Criminal Code of | ||||||
21 | 1961 or the Criminal Code of 2012, by having knowingly | ||||||
22 | violated:
| ||||||
23 | (i) remedies described in paragraph paragraphs | ||||||
24 | (5), (6), or (8) of subsection
(b)
of
Section 112A-14 | ||||||
25 | of this Code, or
| ||||||
26 | (ii) a remedy, which is substantially similar to |
| |||||||
| |||||||
1 | the remedies
authorized
under paragraph paragraphs | ||||||
2 | (1),
(5), (6), or (8) of subsection (b) of Section 214
| ||||||
3 | of the Illinois Domestic Violence Act of 1986, in a | ||||||
4 | valid domestic violence order of protection,
which is | ||||||
5 | authorized under the laws of another state, tribe , or | ||||||
6 | United States
territory.
| ||||||
7 | (3) The respondent commits the crime of violation of a | ||||||
8 | civil no contact order when the respondent violates | ||||||
9 | Section 12-3.8 of the Criminal Code of 2012.
Prosecution | ||||||
10 | for a violation of a civil no contact order shall not bar | ||||||
11 | concurrent prosecution for any other crime, including any | ||||||
12 | crime that may have been committed at the time of the | ||||||
13 | violation of the civil no contact order. | ||||||
14 | (4) The respondent commits the crime of violation of a | ||||||
15 | stalking no contact order when the respondent violates | ||||||
16 | Section 12-3.9 of the Criminal Code of 2012.
Prosecution | ||||||
17 | for a violation of a stalking no contact order shall not | ||||||
18 | bar concurrent prosecution for any other crime, including | ||||||
19 | any crime that may have been committed at the time of the | ||||||
20 | violation of the stalking no contact order. | ||||||
21 | (b) When violation is contempt of court. A violation of | ||||||
22 | any valid protective order, whether issued in a civil or | ||||||
23 | criminal
proceeding, may be enforced through civil or criminal | ||||||
24 | contempt procedures,
as appropriate, by any court with | ||||||
25 | jurisdiction, regardless where the act or
acts which violated | ||||||
26 | the protective order were committed, to the extent
consistent |
| |||||||
| |||||||
1 | with the venue provisions of this Article. Nothing in this
| ||||||
2 | Article shall preclude any Illinois court from enforcing any | ||||||
3 | valid protective order issued in another state. Illinois | ||||||
4 | courts may enforce protective orders through both criminal | ||||||
5 | prosecution and contempt proceedings,
unless the action which | ||||||
6 | is second in time is barred by collateral estoppel
or the | ||||||
7 | constitutional prohibition against double jeopardy.
| ||||||
8 | (1) In a contempt proceeding where the petition for a | ||||||
9 | rule to show
cause sets forth facts evidencing an | ||||||
10 | immediate danger that the
respondent will flee the | ||||||
11 | jurisdiction, conceal a child, or inflict physical
abuse | ||||||
12 | on the petitioner or minor children or on dependent adults | ||||||
13 | in
petitioner's care, the court may order the
attachment | ||||||
14 | of the respondent without prior service of the rule to | ||||||
15 | show
cause or the petition for a rule to show cause. Bond | ||||||
16 | shall be set unless
specifically denied in writing.
| ||||||
17 | (2) A petition for a rule to show cause for violation | ||||||
18 | of a protective order shall be treated as an expedited | ||||||
19 | proceeding.
| ||||||
20 | (c) Violation of custody, allocation of parental | ||||||
21 | responsibility, or support orders. A violation of remedies
| ||||||
22 | described in paragraph paragraphs (5), (6), (8), or (9) of | ||||||
23 | subsection (b) of Section
112A-14 of this Code may be enforced | ||||||
24 | by any remedy provided by Section 607.5 of
the Illinois | ||||||
25 | Marriage and Dissolution of Marriage Act. The court may
| ||||||
26 | enforce any order for support issued under paragraph (12) of |
| |||||||
| |||||||
1 | subsection (b)
of Section 112A-14 of this Code in the manner | ||||||
2 | provided for under Parts
V and VII of the
Illinois Marriage and | ||||||
3 | Dissolution of Marriage Act.
| ||||||
4 | (d) Actual knowledge. A protective order may be
enforced | ||||||
5 | pursuant to this Section if the respondent violates the order
| ||||||
6 | after the respondent has actual knowledge of its contents
as | ||||||
7 | shown through one of the following means:
| ||||||
8 | (1) (Blank).
| ||||||
9 | (2) (Blank).
| ||||||
10 | (3) By service of a protective order under subsection | ||||||
11 | (f) of Section 112A-17.5 or Section 112A-22 of this Code.
| ||||||
12 | (4) By other means demonstrating actual knowledge of | ||||||
13 | the contents of the order.
| ||||||
14 | (e) The enforcement of a protective order in civil or | ||||||
15 | criminal court
shall not be affected by either of the | ||||||
16 | following:
| ||||||
17 | (1) The existence of a separate, correlative order | ||||||
18 | entered under Section
112A-15 of this Code.
| ||||||
19 | (2) Any finding or order entered in a conjoined | ||||||
20 | criminal proceeding.
| ||||||
21 | (e-5) If a civil no contact order entered under subsection | ||||||
22 | (6) of Section 112A-20 of the Code of Criminal Procedure of | ||||||
23 | 1963 conflicts with an order issued pursuant to the Juvenile | ||||||
24 | Court Act of 1987 or the Illinois Marriage and Dissolution of | ||||||
25 | Marriage Act, the conflicting order issued under subsection | ||||||
26 | (6) of Section 112A-20 of the Code of Criminal Procedure of |
| |||||||
| |||||||
1 | 1963 shall be void. | ||||||
2 | (f) Circumstances. The court, when determining whether or | ||||||
3 | not a
violation of a protective order has occurred, shall not | ||||||
4 | require
physical manifestations of abuse on the person of the | ||||||
5 | victim.
| ||||||
6 | (g) Penalties.
| ||||||
7 | (1) Except as provided in paragraph (3) of this
| ||||||
8 | subsection (g), where the court finds the commission of a | ||||||
9 | crime or contempt of
court under subsection subsections | ||||||
10 | (a) or (b) of this Section, the penalty shall be
the | ||||||
11 | penalty that generally applies in such criminal or | ||||||
12 | contempt
proceedings, and may include one or more of the | ||||||
13 | following: incarceration,
payment of restitution, a fine, | ||||||
14 | payment of attorneys' fees and costs, or
community | ||||||
15 | service.
| ||||||
16 | (2) The court shall hear and take into account | ||||||
17 | evidence of any factors
in aggravation or mitigation | ||||||
18 | before deciding an appropriate penalty under
paragraph (1) | ||||||
19 | of this subsection (g).
| ||||||
20 | (3) To the extent permitted by law, the court is | ||||||
21 | encouraged to:
| ||||||
22 | (i) increase the penalty for the knowing violation | ||||||
23 | of
any protective order over any penalty previously | ||||||
24 | imposed by any court
for respondent's violation of any | ||||||
25 | protective order or penal statute
involving petitioner | ||||||
26 | as victim and respondent as defendant;
|
| |||||||
| |||||||
1 | (ii) impose a minimum penalty of 24 hours | ||||||
2 | imprisonment for respondent's
first violation of any | ||||||
3 | protective order; and
| ||||||
4 | (iii) impose a minimum penalty of 48 hours | ||||||
5 | imprisonment for
respondent's second or subsequent | ||||||
6 | violation of a protective order | ||||||
7 | unless the court explicitly finds that an increased | ||||||
8 | penalty or that
period of imprisonment would be manifestly | ||||||
9 | unjust.
| ||||||
10 | (4) In addition to any other penalties imposed for a | ||||||
11 | violation of a protective order, a criminal court may | ||||||
12 | consider evidence of any
violations of a protective order:
| ||||||
13 | (i) to increase, revoke, or modify the bail bond | ||||||
14 | on an underlying
criminal charge pursuant to Section | ||||||
15 | 110-6 of this Code;
| ||||||
16 | (ii) to revoke or modify an order of probation, | ||||||
17 | conditional discharge, or
supervision, pursuant to | ||||||
18 | Section 5-6-4 of the Unified Code of Corrections;
| ||||||
19 | (iii) to revoke or modify a sentence of periodic | ||||||
20 | imprisonment, pursuant
to Section 5-7-2 of the Unified | ||||||
21 | Code of Corrections.
| ||||||
22 | (Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21.) | ||||||
23 | (Text of Section after amendment by P.A. 101-652 ) | ||||||
24 | Sec. 112A-23. Enforcement of protective orders.
| ||||||
25 | (a) When violation is crime. A violation of any protective |
| |||||||
| |||||||
1 | order,
whether issued in a civil, quasi-criminal proceeding, | ||||||
2 | shall be
enforced by a
criminal court when:
| ||||||
3 | (1) The respondent commits the crime of violation of a | ||||||
4 | domestic violence order of
protection pursuant to Section | ||||||
5 | 12-3.4 or 12-30 of the Criminal Code of
1961 or the | ||||||
6 | Criminal Code of 2012, by
having knowingly violated:
| ||||||
7 | (i) remedies described in paragraph paragraphs | ||||||
8 | (1), (2), (3), (14),
or
(14.5)
of subsection (b) of | ||||||
9 | Section 112A-14 of this Code,
| ||||||
10 | (ii) a remedy, which is substantially similar to | ||||||
11 | the remedies
authorized
under paragraph paragraphs | ||||||
12 | (1), (2), (3), (14), or (14.5) of subsection (b) of | ||||||
13 | Section 214
of the Illinois Domestic Violence Act of | ||||||
14 | 1986, in a valid order of protection,
which is | ||||||
15 | authorized under the laws of another state, tribe , or | ||||||
16 | United States
territory, or
| ||||||
17 | (iii) any other remedy when the act
constitutes a | ||||||
18 | crime against the protected parties as defined by the | ||||||
19 | Criminal
Code of 1961 or the Criminal Code of 2012.
| ||||||
20 | Prosecution for a violation of a domestic violence | ||||||
21 | order of protection shall
not bar concurrent prosecution | ||||||
22 | for any other crime, including any crime
that may have | ||||||
23 | been committed at the time of the violation of the | ||||||
24 | domestic violence order
of protection; or
| ||||||
25 | (2) The respondent commits the crime of child | ||||||
26 | abduction pursuant
to Section 10-5 of the Criminal Code of |
| |||||||
| |||||||
1 | 1961 or the Criminal Code of 2012, by having knowingly | ||||||
2 | violated:
| ||||||
3 | (i) remedies described in paragraph paragraphs | ||||||
4 | (5), (6), or (8) of subsection
(b)
of
Section 112A-14 | ||||||
5 | of this Code, or
| ||||||
6 | (ii) a remedy, which is substantially similar to | ||||||
7 | the remedies
authorized
under paragraph paragraphs | ||||||
8 | (1),
(5), (6), or (8) of subsection (b) of Section 214
| ||||||
9 | of the Illinois Domestic Violence Act of 1986, in a | ||||||
10 | valid domestic violence order of protection,
which is | ||||||
11 | authorized under the laws of another state, tribe , or | ||||||
12 | United States
territory.
| ||||||
13 | (3) The respondent commits the crime of violation of a | ||||||
14 | civil no contact order when the respondent violates | ||||||
15 | Section 12-3.8 of the Criminal Code of 2012.
Prosecution | ||||||
16 | for a violation of a civil no contact order shall not bar | ||||||
17 | concurrent prosecution for any other crime, including any | ||||||
18 | crime that may have been committed at the time of the | ||||||
19 | violation of the civil no contact order. | ||||||
20 | (4) The respondent commits the crime of violation of a | ||||||
21 | stalking no contact order when the respondent violates | ||||||
22 | Section 12-3.9 of the Criminal Code of 2012.
Prosecution | ||||||
23 | for a violation of a stalking no contact order shall not | ||||||
24 | bar concurrent prosecution for any other crime, including | ||||||
25 | any crime that may have been committed at the time of the | ||||||
26 | violation of the stalking no contact order. |
| |||||||
| |||||||
1 | (b) When violation is contempt of court. A violation of | ||||||
2 | any valid protective order, whether issued in a civil or | ||||||
3 | criminal
proceeding, may be enforced through civil or criminal | ||||||
4 | contempt procedures,
as appropriate, by any court with | ||||||
5 | jurisdiction, regardless where the act or
acts which violated | ||||||
6 | the protective order were committed, to the extent
consistent | ||||||
7 | with the venue provisions of this Article. Nothing in this
| ||||||
8 | Article shall preclude any Illinois court from enforcing any | ||||||
9 | valid protective order issued in another state. Illinois | ||||||
10 | courts may enforce protective orders through both criminal | ||||||
11 | prosecution and contempt proceedings,
unless the action which | ||||||
12 | is second in time is barred by collateral estoppel
or the | ||||||
13 | constitutional prohibition against double jeopardy.
| ||||||
14 | (1) In a contempt proceeding where the petition for a | ||||||
15 | rule to show
cause sets forth facts evidencing an | ||||||
16 | immediate danger that the
respondent will flee the | ||||||
17 | jurisdiction, conceal a child, or inflict physical
abuse | ||||||
18 | on the petitioner or minor children or on dependent adults | ||||||
19 | in
petitioner's care, the court may order the
attachment | ||||||
20 | of the respondent without prior service of the rule to | ||||||
21 | show
cause or the petition for a rule to show cause. Bond | ||||||
22 | shall be set unless
specifically denied in writing.
| ||||||
23 | (2) A petition for a rule to show cause for violation | ||||||
24 | of a protective order shall be treated as an expedited | ||||||
25 | proceeding.
| ||||||
26 | (c) Violation of custody, allocation of parental |
| |||||||
| |||||||
1 | responsibility, or support orders. A violation of remedies
| ||||||
2 | described in paragraph paragraphs (5), (6), (8), or (9) of | ||||||
3 | subsection (b) of Section
112A-14 of this Code may be enforced | ||||||
4 | by any remedy provided by Section 607.5 of
the Illinois | ||||||
5 | Marriage and Dissolution of Marriage Act. The court may
| ||||||
6 | enforce any order for support issued under paragraph (12) of | ||||||
7 | subsection (b)
of Section 112A-14 of this Code in the manner | ||||||
8 | provided for under Parts
V and VII of the
Illinois Marriage and | ||||||
9 | Dissolution of Marriage Act.
| ||||||
10 | (d) Actual knowledge. A protective order may be
enforced | ||||||
11 | pursuant to this Section if the respondent violates the order
| ||||||
12 | after the respondent has actual knowledge of its contents
as | ||||||
13 | shown through one of the following means:
| ||||||
14 | (1) (Blank).
| ||||||
15 | (2) (Blank).
| ||||||
16 | (3) By service of a protective order under subsection | ||||||
17 | (f) of Section 112A-17.5 or Section 112A-22 of this Code.
| ||||||
18 | (4) By other means demonstrating actual knowledge of | ||||||
19 | the contents of the order.
| ||||||
20 | (e) The enforcement of a protective order in civil or | ||||||
21 | criminal court
shall not be affected by either of the | ||||||
22 | following:
| ||||||
23 | (1) The existence of a separate, correlative order | ||||||
24 | entered under Section
112A-15 of this Code.
| ||||||
25 | (2) Any finding or order entered in a conjoined | ||||||
26 | criminal proceeding.
|
| |||||||
| |||||||
1 | (e-5) If a civil no contact order entered under subsection | ||||||
2 | (6) of Section 112A-20 of the Code of Criminal Procedure of | ||||||
3 | 1963 conflicts with an order issued pursuant to the Juvenile | ||||||
4 | Court Act of 1987 or the Illinois Marriage and Dissolution of | ||||||
5 | Marriage Act, the conflicting order issued under subsection | ||||||
6 | (6) of Section 112A-20 of the Code of Criminal Procedure of | ||||||
7 | 1963 shall be void. | ||||||
8 | (f) Circumstances. The court, when determining whether or | ||||||
9 | not a
violation of a protective order has occurred, shall not | ||||||
10 | require
physical manifestations of abuse on the person of the | ||||||
11 | victim.
| ||||||
12 | (g) Penalties.
| ||||||
13 | (1) Except as provided in paragraph (3) of this
| ||||||
14 | subsection (g), where the court finds the commission of a | ||||||
15 | crime or contempt of
court under subsection subsections | ||||||
16 | (a) or (b) of this Section, the penalty shall be
the | ||||||
17 | penalty that generally applies in such criminal or | ||||||
18 | contempt
proceedings, and may include one or more of the | ||||||
19 | following: incarceration,
payment of restitution, a fine, | ||||||
20 | payment of attorneys' fees and costs, or
community | ||||||
21 | service.
| ||||||
22 | (2) The court shall hear and take into account | ||||||
23 | evidence of any factors
in aggravation or mitigation | ||||||
24 | before deciding an appropriate penalty under
paragraph (1) | ||||||
25 | of this subsection (g).
| ||||||
26 | (3) To the extent permitted by law, the court is |
| |||||||
| |||||||
1 | encouraged to:
| ||||||
2 | (i) increase the penalty for the knowing violation | ||||||
3 | of
any protective order over any penalty previously | ||||||
4 | imposed by any court
for respondent's violation of any | ||||||
5 | protective order or penal statute
involving petitioner | ||||||
6 | as victim and respondent as defendant;
| ||||||
7 | (ii) impose a minimum penalty of 24 hours | ||||||
8 | imprisonment for respondent's
first violation of any | ||||||
9 | protective order; and
| ||||||
10 | (iii) impose a minimum penalty of 48 hours | ||||||
11 | imprisonment for
respondent's second or subsequent | ||||||
12 | violation of a protective order | ||||||
13 | unless the court explicitly finds that an increased | ||||||
14 | penalty or that
period of imprisonment would be manifestly | ||||||
15 | unjust.
| ||||||
16 | (4) In addition to any other penalties imposed for a | ||||||
17 | violation of a protective order, a criminal court may | ||||||
18 | consider evidence of any
violations of a protective order:
| ||||||
19 | (i) to modify the conditions of pretrial release | ||||||
20 | on an underlying
criminal charge pursuant to Section | ||||||
21 | 110-6 of this Code;
| ||||||
22 | (ii) to revoke or modify an order of probation, | ||||||
23 | conditional discharge, or
supervision, pursuant to | ||||||
24 | Section 5-6-4 of the Unified Code of Corrections;
| ||||||
25 | (iii) to revoke or modify a sentence of periodic | ||||||
26 | imprisonment, pursuant
to Section 5-7-2 of the Unified |
| |||||||
| |||||||
1 | Code of Corrections.
| ||||||
2 | (Source: P.A. 101-652, eff. 1-1-23; 102-184, eff. 1-1-22; | ||||||
3 | 102-558, eff. 8-20-21; revised 10-12-21.)
| ||||||
4 | (725 ILCS 5/122-9) | ||||||
5 | (This Section may contain text from a Public Act with a | ||||||
6 | delayed effective date ) | ||||||
7 | Sec. 122-9 123 . Motion to resentence by the People. | ||||||
8 | (a) The purpose of sentencing is to advance public safety | ||||||
9 | through punishment, rehabilitation, and restorative justice. | ||||||
10 | By providing a means to reevaluate a sentence after some time | ||||||
11 | has passed, the General Assembly intends to provide the | ||||||
12 | State's Attorney and the court with another tool to ensure | ||||||
13 | that these purposes are achieved. | ||||||
14 | (b) At any time upon the recommendation of the State's | ||||||
15 | Attorney of the county in which the defendant was sentenced, | ||||||
16 | the State's Attorney may petition the sentencing court or the | ||||||
17 | sentencing court's successor to resentence the offender if the | ||||||
18 | original sentence no longer advances the interests of justice. | ||||||
19 | The sentencing court or the sentencing court's successor may | ||||||
20 | resentence the offender if it finds that the original sentence | ||||||
21 | no longer advances the interests of justice. | ||||||
22 | (c) Upon the receipt of a petition for resentencing, the | ||||||
23 | court may resentence the defendant in the same manner as if the | ||||||
24 | offender had not previously been sentenced; however, the new | ||||||
25 | sentence, if any, may not be greater than the initial |
| |||||||
| |||||||
1 | sentence. | ||||||
2 | (d) The court may consider postconviction factors, | ||||||
3 | including, but not limited to, the inmate's disciplinary | ||||||
4 | record and record of rehabilitation while incarcerated; | ||||||
5 | evidence that reflects whether age, time served, and | ||||||
6 | diminished physical condition, if any, have reduced the | ||||||
7 | inmate's risk for future violence; and evidence that reflects | ||||||
8 | changed circumstances since the inmate's original sentencing | ||||||
9 | such that the inmate's continued incarceration no longer | ||||||
10 | serves the interests of justice. Credit shall be given for | ||||||
11 | time served. | ||||||
12 | (e) Victims shall be afforded all rights as outlined in | ||||||
13 | the Rights of Crime Victims and Witnesses Act. | ||||||
14 | (f) A resentencing under this Section shall not reopen the | ||||||
15 | defendant's conviction to challenges that would otherwise be | ||||||
16 | barred. | ||||||
17 | (g) Nothing in this Section shall be construed to limit | ||||||
18 | the power of the Governor under the Constitution to grant a | ||||||
19 | reprieve, commutation of sentence, or pardon.
| ||||||
20 | (Source: P.A. 102-102, eff. 1-1-22; revised 9-29-21.) | ||||||
21 | Section 630. The Rights of Crime Victims and Witnesses Act | ||||||
22 | is amended by changing Section 4.5 as follows:
| ||||||
23 | (725 ILCS 120/4.5)
| ||||||
24 | (Text of Section before amendment by P.A. 101-652 ) |
| |||||||
| |||||||
1 | Sec. 4.5. Procedures to implement the rights of crime | ||||||
2 | victims. To afford
crime victims their rights, law | ||||||
3 | enforcement, prosecutors, judges, and
corrections will provide | ||||||
4 | information, as appropriate, of the following
procedures:
| ||||||
5 | (a) At the request of the crime victim, law enforcement | ||||||
6 | authorities
investigating the case shall provide notice of the | ||||||
7 | status of the investigation,
except where the State's Attorney | ||||||
8 | determines that disclosure of such
information would | ||||||
9 | unreasonably interfere with the investigation, until such
time | ||||||
10 | as the alleged assailant is apprehended or the investigation | ||||||
11 | is closed.
| ||||||
12 | (a-5) When law enforcement authorities reopen a closed | ||||||
13 | case to resume investigating, they shall provide notice of the | ||||||
14 | reopening of the case, except where the State's Attorney | ||||||
15 | determines that disclosure of such information would | ||||||
16 | unreasonably interfere with the investigation. | ||||||
17 | (b) The office of the State's Attorney:
| ||||||
18 | (1) shall provide notice of the filing of an | ||||||
19 | information, the return of an
indictment, or the
filing of | ||||||
20 | a petition to adjudicate a minor as a delinquent for a | ||||||
21 | violent
crime;
| ||||||
22 | (2) shall provide timely notice of the date, time, and | ||||||
23 | place of court proceedings; of any change in the date, | ||||||
24 | time, and place of court proceedings; and of any | ||||||
25 | cancellation of court proceedings. Notice shall be | ||||||
26 | provided in sufficient time, wherever possible, for the |
| |||||||
| |||||||
1 | victim to
make arrangements to attend or to prevent an | ||||||
2 | unnecessary appearance at court proceedings;
| ||||||
3 | (3) or victim advocate personnel shall provide | ||||||
4 | information of social
services and financial assistance | ||||||
5 | available for victims of crime, including
information of | ||||||
6 | how to apply for these services and assistance;
| ||||||
7 | (3.5) or victim advocate personnel shall provide | ||||||
8 | information about available victim services, including | ||||||
9 | referrals to programs, counselors, and agencies that | ||||||
10 | assist a victim to deal with trauma, loss, and grief; | ||||||
11 | (4) shall assist in having any stolen or other | ||||||
12 | personal property held by
law enforcement authorities for | ||||||
13 | evidentiary or other purposes returned as
expeditiously as | ||||||
14 | possible, pursuant to the procedures set out in Section | ||||||
15 | 115-9
of the Code of Criminal Procedure of 1963;
| ||||||
16 | (5) or victim advocate personnel shall provide | ||||||
17 | appropriate employer
intercession services to ensure that | ||||||
18 | employers of victims will cooperate with
the criminal | ||||||
19 | justice system in order to minimize an employee's loss of | ||||||
20 | pay and
other benefits resulting from court appearances;
| ||||||
21 | (6) shall provide, whenever possible, a secure waiting
| ||||||
22 | area during court proceedings that does not require | ||||||
23 | victims to be in close
proximity to defendants or | ||||||
24 | juveniles accused of a violent crime, and their
families | ||||||
25 | and friends;
| ||||||
26 | (7) shall provide notice to the crime victim of the |
| |||||||
| |||||||
1 | right to have a
translator present at all court | ||||||
2 | proceedings and, in compliance with the federal Americans
| ||||||
3 | with Disabilities Act of 1990, the right to communications | ||||||
4 | access through a
sign language interpreter or by other | ||||||
5 | means;
| ||||||
6 | (8) (blank);
| ||||||
7 | (8.5) shall inform the victim of the right to be | ||||||
8 | present at all court proceedings, unless the victim is to | ||||||
9 | testify and the court determines that the victim's | ||||||
10 | testimony would be materially affected if the victim hears | ||||||
11 | other testimony at trial; | ||||||
12 | (9) shall inform the victim of the right to have | ||||||
13 | present at all court
proceedings, subject to the rules of | ||||||
14 | evidence and confidentiality, an advocate and other | ||||||
15 | support
person of the victim's choice; | ||||||
16 | (9.3) shall inform the victim of the right to retain | ||||||
17 | an attorney, at the
victim's own expense, who, upon | ||||||
18 | written notice filed with the clerk of the
court and | ||||||
19 | State's Attorney, is to receive copies of all notices, | ||||||
20 | motions, and
court orders filed thereafter in the case, in | ||||||
21 | the same manner as if the victim
were a named party in the | ||||||
22 | case;
| ||||||
23 | (9.5) shall inform the victim of (A) the victim's | ||||||
24 | right under Section 6 of this Act to make a statement at | ||||||
25 | the sentencing hearing; (B) the right of the victim's | ||||||
26 | spouse, guardian, parent, grandparent, and other immediate |
| |||||||
| |||||||
1 | family and household members under Section 6 of this Act | ||||||
2 | to present a statement at sentencing; and (C) if a | ||||||
3 | presentence report is to be prepared, the right of the | ||||||
4 | victim's spouse, guardian, parent, grandparent, and other | ||||||
5 | immediate family and household members to submit | ||||||
6 | information to the preparer of the presentence report | ||||||
7 | about the effect the offense has had on the victim and the | ||||||
8 | person; | ||||||
9 | (10) at the sentencing shall make a good faith attempt | ||||||
10 | to explain
the minimum amount of time during which the | ||||||
11 | defendant may actually be
physically imprisoned. The | ||||||
12 | Office of the State's Attorney shall further notify
the | ||||||
13 | crime victim of the right to request from the Prisoner | ||||||
14 | Review Board
or Department of Juvenile Justice information | ||||||
15 | concerning the release of the defendant;
| ||||||
16 | (11) shall request restitution at sentencing and as | ||||||
17 | part of a plea agreement if the victim requests | ||||||
18 | restitution;
| ||||||
19 | (12) shall, upon the court entering a verdict of not | ||||||
20 | guilty by reason of insanity, inform the victim of the | ||||||
21 | notification services available from the Department of | ||||||
22 | Human Services, including the statewide telephone number, | ||||||
23 | under subparagraph (d)(2) of this Section;
| ||||||
24 | (13) shall provide notice within a reasonable time | ||||||
25 | after receipt of notice from
the custodian, of the release | ||||||
26 | of the defendant on bail or personal recognizance
or the |
| |||||||
| |||||||
1 | release from detention of a minor who has been detained;
| ||||||
2 | (14) shall explain in nontechnical language the | ||||||
3 | details of any plea or verdict of
a defendant, or any | ||||||
4 | adjudication of a juvenile as a delinquent;
| ||||||
5 | (15) shall make all reasonable efforts to consult with | ||||||
6 | the crime victim before the Office of
the State's Attorney | ||||||
7 | makes an offer of a plea bargain to the defendant or
enters | ||||||
8 | into negotiations with the defendant concerning a possible | ||||||
9 | plea
agreement, and shall consider the written statement, | ||||||
10 | if prepared
prior to entering into a plea agreement. The | ||||||
11 | right to consult with the prosecutor does not include the | ||||||
12 | right to veto a plea agreement or to insist the case go to | ||||||
13 | trial. If the State's Attorney has not consulted with the | ||||||
14 | victim prior to making an offer or entering into plea | ||||||
15 | negotiations with the defendant, the Office of the State's | ||||||
16 | Attorney shall notify the victim of the offer or the | ||||||
17 | negotiations within 2 business days and confer with the | ||||||
18 | victim;
| ||||||
19 | (16) shall provide notice of the ultimate disposition | ||||||
20 | of the cases arising from
an indictment or an information, | ||||||
21 | or a petition to have a juvenile adjudicated
as a | ||||||
22 | delinquent for a violent crime;
| ||||||
23 | (17) shall provide notice of any appeal taken by the | ||||||
24 | defendant and information
on how to contact the | ||||||
25 | appropriate agency handling the appeal, and how to request | ||||||
26 | notice of any hearing, oral argument, or decision of an |
| |||||||
| |||||||
1 | appellate court;
| ||||||
2 | (18) shall provide timely notice of any request for | ||||||
3 | post-conviction review filed by the
defendant under | ||||||
4 | Article 122 of the Code of Criminal Procedure of 1963, and | ||||||
5 | of
the date, time and place of any hearing concerning the | ||||||
6 | petition. Whenever
possible, notice of the hearing shall | ||||||
7 | be given within 48 hours of the court's scheduling of the | ||||||
8 | hearing; and
| ||||||
9 | (19) shall forward a copy of any statement presented | ||||||
10 | under Section 6 to the
Prisoner Review Board or Department | ||||||
11 | of Juvenile Justice to be considered in making a | ||||||
12 | determination
under Section 3-2.5-85 or subsection (b) of | ||||||
13 | Section 3-3-8 of the Unified Code of Corrections.
| ||||||
14 | (c) The court shall ensure that the rights of the victim | ||||||
15 | are afforded. | ||||||
16 | (c-5) The following procedures shall be followed to afford | ||||||
17 | victims the rights guaranteed by Article I, Section 8.1 of the | ||||||
18 | Illinois Constitution: | ||||||
19 | (1) Written notice. A victim may complete a written | ||||||
20 | notice of intent to assert rights on a form prepared by the | ||||||
21 | Office of the Attorney General and provided to the victim | ||||||
22 | by the State's Attorney. The victim may at any time | ||||||
23 | provide a revised written notice to the State's Attorney. | ||||||
24 | The State's Attorney shall file the written notice with | ||||||
25 | the court. At the beginning of any court proceeding in | ||||||
26 | which the right of a victim may be at issue, the court and |
| |||||||
| |||||||
1 | prosecutor shall review the written notice to determine | ||||||
2 | whether the victim has asserted the right that may be at | ||||||
3 | issue. | ||||||
4 | (2) Victim's retained attorney. A victim's attorney | ||||||
5 | shall file an entry of appearance limited to assertion of | ||||||
6 | the victim's rights. Upon the filing of the entry of | ||||||
7 | appearance and service on the State's Attorney and the | ||||||
8 | defendant, the attorney is to receive copies of all | ||||||
9 | notices, motions and court orders filed thereafter in the | ||||||
10 | case. | ||||||
11 | (3) Standing. The victim has standing to assert the | ||||||
12 | rights enumerated in subsection (a) of Article I, Section | ||||||
13 | 8.1 of the Illinois Constitution and the statutory rights | ||||||
14 | under Section 4 of this Act in any court exercising | ||||||
15 | jurisdiction over the criminal case. The prosecuting | ||||||
16 | attorney, a victim, or the victim's retained attorney may | ||||||
17 | assert the victim's rights. The defendant in the criminal | ||||||
18 | case has no standing to assert a right of the victim in any | ||||||
19 | court proceeding, including on appeal. | ||||||
20 | (4) Assertion of and enforcement of rights. | ||||||
21 | (A) The prosecuting attorney shall assert a | ||||||
22 | victim's right or request enforcement of a right by | ||||||
23 | filing a motion or by orally asserting the right or | ||||||
24 | requesting enforcement in open court in the criminal | ||||||
25 | case outside the presence of the jury. The prosecuting | ||||||
26 | attorney shall consult with the victim and the |
| |||||||
| |||||||
1 | victim's attorney regarding the assertion or | ||||||
2 | enforcement of a right. If the prosecuting attorney | ||||||
3 | decides not to assert or enforce a victim's right, the | ||||||
4 | prosecuting attorney shall notify the victim or the | ||||||
5 | victim's attorney in sufficient time to allow the | ||||||
6 | victim or the victim's attorney to assert the right or | ||||||
7 | to seek enforcement of a right. | ||||||
8 | (B) If the prosecuting attorney elects not to | ||||||
9 | assert a victim's right or to seek enforcement of a | ||||||
10 | right, the victim or the victim's attorney may assert | ||||||
11 | the victim's right or request enforcement of a right | ||||||
12 | by filing a motion or by orally asserting the right or | ||||||
13 | requesting enforcement in open court in the criminal | ||||||
14 | case outside the presence of the jury. | ||||||
15 | (C) If the prosecuting attorney asserts a victim's | ||||||
16 | right or seeks enforcement of a right, and the court | ||||||
17 | denies the assertion of the right or denies the | ||||||
18 | request for enforcement of a right, the victim or | ||||||
19 | victim's attorney may file a motion to assert the | ||||||
20 | victim's right or to request enforcement of the right | ||||||
21 | within 10 days of the court's ruling. The motion need | ||||||
22 | not demonstrate the grounds for a motion for | ||||||
23 | reconsideration. The court shall rule on the merits of | ||||||
24 | the motion. | ||||||
25 | (D) The court shall take up and decide any motion | ||||||
26 | or request asserting or seeking enforcement of a |
| |||||||
| |||||||
1 | victim's right without delay, unless a specific time | ||||||
2 | period is specified by law or court rule. The reasons | ||||||
3 | for any decision denying the motion or request shall | ||||||
4 | be clearly stated on the record. | ||||||
5 | (5) Violation of rights and remedies. | ||||||
6 | (A) If the court determines that a victim's right | ||||||
7 | has been violated, the court shall determine the | ||||||
8 | appropriate remedy for the violation of the victim's | ||||||
9 | right by hearing from the victim and the parties, | ||||||
10 | considering all factors relevant to the issue, and | ||||||
11 | then awarding appropriate relief to the victim. | ||||||
12 | (A-5) Consideration of an issue of a substantive | ||||||
13 | nature or an issue that implicates the constitutional | ||||||
14 | or statutory right of a victim at a court proceeding | ||||||
15 | labeled as a status hearing shall constitute a per se | ||||||
16 | violation of a victim's right. | ||||||
17 | (B) The appropriate remedy shall include only | ||||||
18 | actions necessary to provide the victim the right to | ||||||
19 | which the victim was entitled and may include | ||||||
20 | reopening previously held proceedings; however, in no | ||||||
21 | event shall the court vacate a conviction. Any remedy | ||||||
22 | shall be tailored to provide the victim an appropriate | ||||||
23 | remedy without violating any constitutional right of | ||||||
24 | the defendant. In no event shall the appropriate | ||||||
25 | remedy be a new trial, damages, or costs. | ||||||
26 | (6) Right to be heard. Whenever a victim has the right |
| |||||||
| |||||||
1 | to be heard, the court shall allow the victim to exercise | ||||||
2 | the right in any reasonable manner the victim chooses. | ||||||
3 | (7) Right to attend trial. A party must file a written | ||||||
4 | motion to exclude a victim from trial at least 60 days | ||||||
5 | prior to the date set for trial. The motion must state with | ||||||
6 | specificity the reason exclusion is necessary to protect a | ||||||
7 | constitutional right of the party, and must contain an | ||||||
8 | offer of proof. The court shall rule on the motion within | ||||||
9 | 30 days. If the motion is granted, the court shall set | ||||||
10 | forth on the record the facts that support its finding | ||||||
11 | that the victim's testimony will be materially affected if | ||||||
12 | the victim hears other testimony at trial. | ||||||
13 | (8) Right to have advocate and support person present | ||||||
14 | at court proceedings. | ||||||
15 | (A) A party who intends to call an advocate as a | ||||||
16 | witness at trial must seek permission of the court | ||||||
17 | before the subpoena is issued. The party must file a | ||||||
18 | written motion at least 90 days before trial that sets | ||||||
19 | forth specifically the issues on which the advocate's | ||||||
20 | testimony is sought and an offer of proof regarding | ||||||
21 | (i) the content of the anticipated testimony of the | ||||||
22 | advocate; and (ii) the relevance, admissibility, and | ||||||
23 | materiality of the anticipated testimony. The court | ||||||
24 | shall consider the motion and make findings within 30 | ||||||
25 | days of the filing of the motion. If the court finds by | ||||||
26 | a preponderance of the evidence that: (i) the |
| |||||||
| |||||||
1 | anticipated testimony is not protected by an absolute | ||||||
2 | privilege; and (ii) the anticipated testimony contains | ||||||
3 | relevant, admissible, and material evidence that is | ||||||
4 | not available through other witnesses or evidence, the | ||||||
5 | court shall issue a subpoena requiring the advocate to | ||||||
6 | appear to testify at an in camera hearing. The | ||||||
7 | prosecuting attorney and the victim shall have 15 days | ||||||
8 | to seek appellate review before the advocate is | ||||||
9 | required to testify at an ex parte in camera | ||||||
10 | proceeding. | ||||||
11 | The prosecuting attorney, the victim, and the | ||||||
12 | advocate's attorney shall be allowed to be present at | ||||||
13 | the ex parte in camera proceeding. If, after | ||||||
14 | conducting the ex parte in camera hearing, the court | ||||||
15 | determines that due process requires any testimony | ||||||
16 | regarding confidential or privileged information or | ||||||
17 | communications, the court shall provide to the | ||||||
18 | prosecuting attorney, the victim, and the advocate's | ||||||
19 | attorney a written memorandum on the substance of the | ||||||
20 | advocate's testimony. The prosecuting attorney, the | ||||||
21 | victim, and the advocate's attorney shall have 15 days | ||||||
22 | to seek appellate review before a subpoena may be | ||||||
23 | issued for the advocate to testify at trial. The | ||||||
24 | presence of the prosecuting attorney at the ex parte | ||||||
25 | in camera proceeding does not make the substance of | ||||||
26 | the advocate's testimony that the court has ruled |
| |||||||
| |||||||
1 | inadmissible subject to discovery. | ||||||
2 | (B) If a victim has asserted the right to have a | ||||||
3 | support person present at the court proceedings, the | ||||||
4 | victim shall provide the name of the person the victim | ||||||
5 | has chosen to be the victim's support person to the | ||||||
6 | prosecuting attorney, within 60 days of trial. The | ||||||
7 | prosecuting attorney shall provide the name to the | ||||||
8 | defendant. If the defendant intends to call the | ||||||
9 | support person as a witness at trial, the defendant | ||||||
10 | must seek permission of the court before a subpoena is | ||||||
11 | issued. The defendant must file a written motion at | ||||||
12 | least 45 days prior to trial that sets forth | ||||||
13 | specifically the issues on which the support person | ||||||
14 | will testify and an offer of proof regarding: (i) the | ||||||
15 | content of the anticipated testimony of the support | ||||||
16 | person; and (ii) the relevance, admissibility, and | ||||||
17 | materiality of the anticipated testimony. | ||||||
18 | If the prosecuting attorney intends to call the | ||||||
19 | support person as a witness during the State's | ||||||
20 | case-in-chief, the prosecuting attorney shall inform | ||||||
21 | the court of this intent in the response to the | ||||||
22 | defendant's written motion. The victim may choose a | ||||||
23 | different person to be the victim's support person. | ||||||
24 | The court may allow the defendant to inquire about | ||||||
25 | matters outside the scope of the direct examination | ||||||
26 | during cross-examination. If the court allows the |
| |||||||
| |||||||
1 | defendant to do so, the support person shall be | ||||||
2 | allowed to remain in the courtroom after the support | ||||||
3 | person has testified. A defendant who fails to | ||||||
4 | question the support person about matters outside the | ||||||
5 | scope of direct examination during the State's | ||||||
6 | case-in-chief waives the right to challenge the | ||||||
7 | presence of the support person on appeal. The court | ||||||
8 | shall allow the support person to testify if called as | ||||||
9 | a witness in the defendant's case-in-chief or the | ||||||
10 | State's rebuttal. | ||||||
11 | If the court does not allow the defendant to | ||||||
12 | inquire about matters outside the scope of the direct | ||||||
13 | examination, the support person shall be allowed to | ||||||
14 | remain in the courtroom after the support person has | ||||||
15 | been called by the defendant or the defendant has | ||||||
16 | rested. The court shall allow the support person to | ||||||
17 | testify in the State's rebuttal. | ||||||
18 | If the prosecuting attorney does not intend to | ||||||
19 | call the support person in the State's case-in-chief, | ||||||
20 | the court shall verify with the support person whether | ||||||
21 | the support person, if called as a witness, would | ||||||
22 | testify as set forth in the offer of proof. If the | ||||||
23 | court finds that the support person would testify as | ||||||
24 | set forth in the offer of proof, the court shall rule | ||||||
25 | on the relevance, materiality, and admissibility of | ||||||
26 | the anticipated testimony. If the court rules the |
| |||||||
| |||||||
1 | anticipated testimony is admissible, the court shall | ||||||
2 | issue the subpoena. The support person may remain in | ||||||
3 | the courtroom after the support person testifies and | ||||||
4 | shall be allowed to testify in rebuttal. | ||||||
5 | If the court excludes the victim's support person | ||||||
6 | during the State's case-in-chief, the victim shall be | ||||||
7 | allowed to choose another support person to be present | ||||||
8 | in court. | ||||||
9 | If the victim fails to designate a support person | ||||||
10 | within 60 days of trial and the defendant has | ||||||
11 | subpoenaed the support person to testify at trial, the | ||||||
12 | court may exclude the support person from the trial | ||||||
13 | until the support person testifies. If the court | ||||||
14 | excludes the support person the victim may choose | ||||||
15 | another person as a support person. | ||||||
16 | (9) Right to notice and hearing before disclosure of | ||||||
17 | confidential or privileged information or records. A | ||||||
18 | defendant who seeks to subpoena records of or concerning | ||||||
19 | the victim that are confidential or privileged by law must | ||||||
20 | seek permission of the court before the subpoena is | ||||||
21 | issued. The defendant must file a written motion and an | ||||||
22 | offer of proof regarding the relevance, admissibility and | ||||||
23 | materiality of the records. If the court finds by a | ||||||
24 | preponderance of the evidence that: (A) the records are | ||||||
25 | not protected by an absolute privilege and (B) the records | ||||||
26 | contain relevant, admissible, and material evidence that |
| |||||||
| |||||||
1 | is not available through other witnesses or evidence, the | ||||||
2 | court shall issue a subpoena requiring a sealed copy of | ||||||
3 | the records be delivered to the court to be reviewed in | ||||||
4 | camera. If, after conducting an in camera review of the | ||||||
5 | records, the court determines that due process requires | ||||||
6 | disclosure of any portion of the records, the court shall | ||||||
7 | provide copies of what it intends to disclose to the | ||||||
8 | prosecuting attorney and the victim. The prosecuting | ||||||
9 | attorney and the victim shall have 30 days to seek | ||||||
10 | appellate review before the records are disclosed to the | ||||||
11 | defendant. The disclosure of copies of any portion of the | ||||||
12 | records to the prosecuting attorney does not make the | ||||||
13 | records subject to discovery. | ||||||
14 | (10) Right to notice of court proceedings. If the | ||||||
15 | victim is not present at a court proceeding in which a | ||||||
16 | right of the victim is at issue, the court shall ask the | ||||||
17 | prosecuting attorney whether the victim was notified of | ||||||
18 | the time, place, and purpose of the court proceeding and | ||||||
19 | that the victim had a right to be heard at the court | ||||||
20 | proceeding. If the court determines that timely notice was | ||||||
21 | not given or that the victim was not adequately informed | ||||||
22 | of the nature of the court proceeding, the court shall not | ||||||
23 | rule on any substantive issues, accept a plea, or impose a | ||||||
24 | sentence and shall continue the hearing for the time | ||||||
25 | necessary to notify the victim of the time, place and | ||||||
26 | nature of the court proceeding. The time between court |
| |||||||
| |||||||
1 | proceedings shall not be attributable to the State under | ||||||
2 | Section 103-5 of the Code of Criminal Procedure of 1963. | ||||||
3 | (11) Right to timely disposition of the case. A victim | ||||||
4 | has the right to timely disposition of the case so as to | ||||||
5 | minimize the stress, cost, and inconvenience resulting | ||||||
6 | from the victim's involvement in the case. Before ruling | ||||||
7 | on a motion to continue trial or other court proceeding, | ||||||
8 | the court shall inquire into the circumstances for the | ||||||
9 | request for the delay and, if the victim has provided | ||||||
10 | written notice of the assertion of the right to a timely | ||||||
11 | disposition, and whether the victim objects to the delay. | ||||||
12 | If the victim objects, the prosecutor shall inform the | ||||||
13 | court of the victim's objections. If the prosecutor has | ||||||
14 | not conferred with the victim about the continuance, the | ||||||
15 | prosecutor shall inform the court of the attempts to | ||||||
16 | confer. If the court finds the attempts of the prosecutor | ||||||
17 | to confer with the victim were inadequate to protect the | ||||||
18 | victim's right to be heard, the court shall give the | ||||||
19 | prosecutor at least 3 but not more than 5 business days to | ||||||
20 | confer with the victim. In ruling on a motion to continue, | ||||||
21 | the court shall consider the reasons for the requested | ||||||
22 | continuance, the number and length of continuances that | ||||||
23 | have been granted, the victim's objections and procedures | ||||||
24 | to avoid further delays. If a continuance is granted over | ||||||
25 | the victim's objection, the court shall specify on the | ||||||
26 | record the reasons for the continuance and the procedures |
| |||||||
| |||||||
1 | that have been or will be taken to avoid further delays. | ||||||
2 | (12) Right to Restitution. | ||||||
3 | (A) If the victim has asserted the right to | ||||||
4 | restitution and the amount of restitution is known at | ||||||
5 | the time of sentencing, the court shall enter the | ||||||
6 | judgment of restitution at the time of sentencing. | ||||||
7 | (B) If the victim has asserted the right to | ||||||
8 | restitution and the amount of restitution is not known | ||||||
9 | at the time of sentencing, the prosecutor shall, | ||||||
10 | within 5 days after sentencing, notify the victim what | ||||||
11 | information and documentation related to restitution | ||||||
12 | is needed and that the information and documentation | ||||||
13 | must be provided to the prosecutor within 45 days | ||||||
14 | after sentencing. Failure to timely provide | ||||||
15 | information and documentation related to restitution | ||||||
16 | shall be deemed a waiver of the right to restitution. | ||||||
17 | The prosecutor shall file and serve within 60 days | ||||||
18 | after sentencing a proposed judgment for restitution | ||||||
19 | and a notice that includes information concerning the | ||||||
20 | identity of any victims or other persons seeking | ||||||
21 | restitution, whether any victim or other person | ||||||
22 | expressly declines restitution, the nature and amount | ||||||
23 | of any damages together with any supporting | ||||||
24 | documentation, a restitution amount recommendation, | ||||||
25 | and the names of any co-defendants and their case | ||||||
26 | numbers. Within 30 days after receipt of the proposed |
| |||||||
| |||||||
1 | judgment for restitution, the defendant shall file any | ||||||
2 | objection to the proposed judgment, a statement of | ||||||
3 | grounds for the objection, and a financial statement. | ||||||
4 | If the defendant does not file an objection, the court | ||||||
5 | may enter the judgment for restitution without further | ||||||
6 | proceedings. If the defendant files an objection and | ||||||
7 | either party requests a hearing, the court shall | ||||||
8 | schedule a hearing. | ||||||
9 | (13) Access to presentence reports. | ||||||
10 | (A) The victim may request a copy of the | ||||||
11 | presentence report prepared under the Unified Code of | ||||||
12 | Corrections from the State's Attorney. The State's | ||||||
13 | Attorney shall redact the following information before | ||||||
14 | providing a copy of the report: | ||||||
15 | (i) the defendant's mental history and | ||||||
16 | condition; | ||||||
17 | (ii) any evaluation prepared under subsection | ||||||
18 | (b) or (b-5) of Section 5-3-2; and | ||||||
19 | (iii) the name, address, phone number, and | ||||||
20 | other personal information about any other victim. | ||||||
21 | (B) The State's Attorney or the defendant may | ||||||
22 | request the court redact other information in the | ||||||
23 | report that may endanger the safety of any person. | ||||||
24 | (C) The State's Attorney may orally disclose to | ||||||
25 | the victim any of the information that has been | ||||||
26 | redacted if there is a reasonable likelihood that the |
| |||||||
| |||||||
1 | information will be stated in court at the sentencing. | ||||||
2 | (D) The State's Attorney must advise the victim | ||||||
3 | that the victim must maintain the confidentiality of | ||||||
4 | the report and other information. Any dissemination of | ||||||
5 | the report or information that was not stated at a | ||||||
6 | court proceeding constitutes indirect criminal | ||||||
7 | contempt of court. | ||||||
8 | (14) Appellate relief. If the trial court denies the | ||||||
9 | relief requested, the victim, the victim's attorney, or | ||||||
10 | the prosecuting attorney may file an appeal within 30 days | ||||||
11 | of the trial court's ruling. The trial or appellate court | ||||||
12 | may stay the court proceedings if the court finds that a | ||||||
13 | stay would not violate a constitutional right of the | ||||||
14 | defendant. If the appellate court denies the relief | ||||||
15 | sought, the reasons for the denial shall be clearly stated | ||||||
16 | in a written opinion. In any appeal in a criminal case, the | ||||||
17 | State may assert as error the court's denial of any crime | ||||||
18 | victim's right in the proceeding to which the appeal | ||||||
19 | relates. | ||||||
20 | (15) Limitation on appellate relief. In no case shall | ||||||
21 | an appellate court provide a new trial to remedy the | ||||||
22 | violation of a victim's right. | ||||||
23 | (16) The right to be reasonably protected from the | ||||||
24 | accused throughout the criminal justice process and the | ||||||
25 | right to have the safety of the victim and the victim's | ||||||
26 | family considered in denying or fixing the amount of bail, |
| |||||||
| |||||||
1 | determining whether to release the defendant, and setting | ||||||
2 | conditions of release after arrest and conviction. A | ||||||
3 | victim of domestic violence, a sexual offense, or stalking | ||||||
4 | may request the entry of a protective order under Article | ||||||
5 | 112A of the Code of Criminal Procedure of 1963. | ||||||
6 | (d) Procedures after the imposition of sentence. | ||||||
7 | (1) The Prisoner Review Board shall inform a victim or | ||||||
8 | any other
concerned citizen, upon written request, of the | ||||||
9 | prisoner's release on parole,
mandatory supervised | ||||||
10 | release, electronic detention, work release, international | ||||||
11 | transfer or exchange, or by the
custodian, other than the | ||||||
12 | Department of Juvenile Justice, of the discharge of any | ||||||
13 | individual who was adjudicated a delinquent
for a crime | ||||||
14 | from State custody and by the sheriff of the appropriate
| ||||||
15 | county of any such person's final discharge from county | ||||||
16 | custody.
The Prisoner Review Board, upon written request, | ||||||
17 | shall provide to a victim or
any other concerned citizen a | ||||||
18 | recent photograph of any person convicted of a
felony, | ||||||
19 | upon his or her release from custody.
The Prisoner
Review | ||||||
20 | Board, upon written request, shall inform a victim or any | ||||||
21 | other
concerned citizen when feasible at least 7 days | ||||||
22 | prior to the prisoner's release
on furlough of the times | ||||||
23 | and dates of such furlough. Upon written request by
the | ||||||
24 | victim or any other concerned citizen, the State's | ||||||
25 | Attorney shall notify
the person once of the times and | ||||||
26 | dates of release of a prisoner sentenced to
periodic |
| |||||||
| |||||||
1 | imprisonment. Notification shall be based on the most | ||||||
2 | recent
information as to the victim's or other concerned | ||||||
3 | citizen's residence or other
location available to the | ||||||
4 | notifying authority.
| ||||||
5 | (2) When the defendant has been committed to the | ||||||
6 | Department of
Human Services pursuant to Section 5-2-4 or | ||||||
7 | any other
provision of the Unified Code of Corrections, | ||||||
8 | the victim may request to be
notified by the releasing | ||||||
9 | authority of the approval by the court of an on-grounds | ||||||
10 | pass, a supervised off-grounds pass, an unsupervised | ||||||
11 | off-grounds pass, or conditional release; the release on | ||||||
12 | an off-grounds pass; the return from an off-grounds pass; | ||||||
13 | transfer to another facility; conditional release; escape; | ||||||
14 | death; or final discharge from State
custody. The | ||||||
15 | Department of Human Services shall establish and maintain | ||||||
16 | a statewide telephone number to be used by victims to make | ||||||
17 | notification requests under these provisions and shall | ||||||
18 | publicize this telephone number on its website and to the | ||||||
19 | State's Attorney of each county.
| ||||||
20 | (3) In the event of an escape from State custody, the | ||||||
21 | Department of
Corrections or the Department of Juvenile | ||||||
22 | Justice immediately shall notify the Prisoner Review Board | ||||||
23 | of the escape
and the Prisoner Review Board shall notify | ||||||
24 | the victim. The notification shall
be based upon the most | ||||||
25 | recent information as to the victim's residence or other
| ||||||
26 | location available to the Board. When no such information |
| |||||||
| |||||||
1 | is available, the
Board shall make all reasonable efforts | ||||||
2 | to obtain the information and make
the notification. When | ||||||
3 | the escapee is apprehended, the Department of
Corrections | ||||||
4 | or the Department of Juvenile Justice immediately shall | ||||||
5 | notify the Prisoner Review Board and the Board
shall | ||||||
6 | notify the victim.
| ||||||
7 | (4) The victim of the crime for which the prisoner has | ||||||
8 | been sentenced
has the right to register with the Prisoner | ||||||
9 | Review Board's victim registry. Victims registered with | ||||||
10 | the Board shall receive reasonable written notice not less | ||||||
11 | than 30 days prior to the
parole hearing or target | ||||||
12 | aftercare release date. The victim has the right to submit | ||||||
13 | a victim statement for consideration by the Prisoner | ||||||
14 | Review Board or the Department of Juvenile Justice in | ||||||
15 | writing, on film, videotape, or other electronic means, or | ||||||
16 | in the form of a recording prior to the parole hearing or | ||||||
17 | target aftercare release date, or in person at the parole | ||||||
18 | hearing or aftercare release protest hearing, or by | ||||||
19 | calling the toll-free number established in subsection (f) | ||||||
20 | of this Section. The
victim shall be notified within 7 | ||||||
21 | days after the prisoner has been granted
parole or | ||||||
22 | aftercare release and shall be informed of the right to | ||||||
23 | inspect the registry of parole
decisions, established | ||||||
24 | under subsection (g) of Section 3-3-5 of the Unified
Code | ||||||
25 | of Corrections. The provisions of this paragraph (4) are | ||||||
26 | subject to the
Open Parole Hearings Act. Victim statements |
| |||||||
| |||||||
1 | provided to the Board shall be confidential and | ||||||
2 | privileged, including any statements received prior to | ||||||
3 | January 1, 2020 (the effective date of Public Act | ||||||
4 | 101-288), except if the statement was an oral statement | ||||||
5 | made by the victim at a hearing open to the public.
| ||||||
6 | (4-1) The crime victim has the right to submit a | ||||||
7 | victim statement for consideration by the Prisoner Review | ||||||
8 | Board or the Department of Juvenile Justice prior to or at | ||||||
9 | a hearing to determine the conditions of mandatory | ||||||
10 | supervised release of a person sentenced to a determinate | ||||||
11 | sentence or at a hearing on revocation of mandatory | ||||||
12 | supervised release of a person sentenced to a determinate | ||||||
13 | sentence. A victim statement may be submitted in writing, | ||||||
14 | on film, videotape, or other electronic means, or in the | ||||||
15 | form of a recording, or orally at a hearing, or by calling | ||||||
16 | the toll-free number established in subsection (f) of this | ||||||
17 | Section. Victim statements provided to the Board shall be | ||||||
18 | confidential and privileged, including any statements | ||||||
19 | received prior to January 1, 2020 (the effective date of | ||||||
20 | Public Act 101-288), except if the statement was an oral | ||||||
21 | statement made by the victim at a hearing open to the | ||||||
22 | public. | ||||||
23 | (4-2) The crime victim has the right to submit a | ||||||
24 | victim statement to the Prisoner Review Board for | ||||||
25 | consideration at an executive clemency hearing as provided | ||||||
26 | in Section 3-3-13 of the Unified Code of Corrections. A |
| |||||||
| |||||||
1 | victim statement may be submitted in writing, on film, | ||||||
2 | videotape, or other electronic means, or in the form of a | ||||||
3 | recording prior to a hearing, or orally at a hearing, or by | ||||||
4 | calling the toll-free number established in subsection (f) | ||||||
5 | of this Section. Victim statements provided to the Board | ||||||
6 | shall be confidential and privileged, including any | ||||||
7 | statements received prior to January 1, 2020 (the | ||||||
8 | effective date of Public Act 101-288), except if the | ||||||
9 | statement was an oral statement made by the victim at a | ||||||
10 | hearing open to the public. | ||||||
11 | (5) If a statement is presented under Section 6, the | ||||||
12 | Prisoner Review Board or Department of Juvenile Justice
| ||||||
13 | shall inform the victim of any order of discharge pursuant
| ||||||
14 | to Section 3-2.5-85 or 3-3-8 of the Unified Code of | ||||||
15 | Corrections.
| ||||||
16 | (6) At the written or oral request of the victim of the | ||||||
17 | crime for which the
prisoner was sentenced or the State's | ||||||
18 | Attorney of the county where the person seeking parole or | ||||||
19 | aftercare release was prosecuted, the Prisoner Review | ||||||
20 | Board or Department of Juvenile Justice shall notify the | ||||||
21 | victim and the State's Attorney of the county where the | ||||||
22 | person seeking parole or aftercare release was prosecuted | ||||||
23 | of
the death of the prisoner if the prisoner died while on | ||||||
24 | parole or aftercare release or mandatory
supervised | ||||||
25 | release.
| ||||||
26 | (7) When a defendant who has been committed to the |
| |||||||
| |||||||
1 | Department of
Corrections, the Department of Juvenile | ||||||
2 | Justice, or the Department of Human Services is released | ||||||
3 | or discharged and
subsequently committed to the Department | ||||||
4 | of Human Services as a sexually
violent person and the | ||||||
5 | victim had requested to be notified by the releasing
| ||||||
6 | authority of the defendant's discharge, conditional | ||||||
7 | release, death, or escape from State custody, the | ||||||
8 | releasing
authority shall provide to the Department of | ||||||
9 | Human Services such information
that would allow the | ||||||
10 | Department of Human Services to contact the victim.
| ||||||
11 | (8) When a defendant has been convicted of a sex | ||||||
12 | offense as defined in Section 2 of the Sex Offender | ||||||
13 | Registration Act and has been sentenced to the Department | ||||||
14 | of Corrections or the Department of Juvenile Justice, the | ||||||
15 | Prisoner Review Board or the Department of Juvenile | ||||||
16 | Justice shall notify the victim of the sex offense of the | ||||||
17 | prisoner's eligibility for release on parole, aftercare | ||||||
18 | release,
mandatory supervised release, electronic | ||||||
19 | detention, work release, international transfer or | ||||||
20 | exchange, or by the
custodian of the discharge of any | ||||||
21 | individual who was adjudicated a delinquent
for a sex | ||||||
22 | offense from State custody and by the sheriff of the | ||||||
23 | appropriate
county of any such person's final discharge | ||||||
24 | from county custody. The notification shall be made to the | ||||||
25 | victim at least 30 days, whenever possible, before release | ||||||
26 | of the sex offender. |
| |||||||
| |||||||
1 | (e) The officials named in this Section may satisfy some | ||||||
2 | or all of their
obligations to provide notices and other | ||||||
3 | information through participation in a
statewide victim and | ||||||
4 | witness notification system established by the Attorney
| ||||||
5 | General under Section 8.5 of this Act.
| ||||||
6 | (f) The Prisoner Review Board
shall establish a toll-free | ||||||
7 | number that may be accessed by the crime victim to present a | ||||||
8 | victim statement to the Board in accordance with paragraphs | ||||||
9 | (4), (4-1), and (4-2) of subsection (d).
| ||||||
10 | (Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20; | ||||||
11 | 102-22, eff. 6-25-21; 102-558, eff. 8-20-21; revised | ||||||
12 | 12-13-21.) | ||||||
13 | (Text of Section after amendment by P.A. 101-652 ) | ||||||
14 | Sec. 4.5. Procedures to implement the rights of crime | ||||||
15 | victims. To afford
crime victims their rights, law | ||||||
16 | enforcement, prosecutors, judges, and
corrections will provide | ||||||
17 | information, as appropriate, of the following
procedures:
| ||||||
18 | (a) At the request of the crime victim, law enforcement | ||||||
19 | authorities
investigating the case shall provide notice of the | ||||||
20 | status of the investigation,
except where the State's Attorney | ||||||
21 | determines that disclosure of such
information would | ||||||
22 | unreasonably interfere with the investigation, until such
time | ||||||
23 | as the alleged assailant is apprehended or the investigation | ||||||
24 | is closed.
| ||||||
25 | (a-5) When law enforcement authorities reopen a closed |
| |||||||
| |||||||
1 | case to resume investigating, they shall provide notice of the | ||||||
2 | reopening of the case, except where the State's Attorney | ||||||
3 | determines that disclosure of such information would | ||||||
4 | unreasonably interfere with the investigation. | ||||||
5 | (b) The office of the State's Attorney:
| ||||||
6 | (1) shall provide notice of the filing of an | ||||||
7 | information, the return of an
indictment, or the
filing of | ||||||
8 | a petition to adjudicate a minor as a delinquent for a | ||||||
9 | violent
crime;
| ||||||
10 | (2) shall provide timely notice of the date, time, and | ||||||
11 | place of court proceedings; of any change in the date, | ||||||
12 | time, and place of court proceedings; and of any | ||||||
13 | cancellation of court proceedings. Notice shall be | ||||||
14 | provided in sufficient time, wherever possible, for the | ||||||
15 | victim to
make arrangements to attend or to prevent an | ||||||
16 | unnecessary appearance at court proceedings;
| ||||||
17 | (3) or victim advocate personnel shall provide | ||||||
18 | information of social
services and financial assistance | ||||||
19 | available for victims of crime, including
information of | ||||||
20 | how to apply for these services and assistance;
| ||||||
21 | (3.5) or victim advocate personnel shall provide | ||||||
22 | information about available victim services, including | ||||||
23 | referrals to programs, counselors, and agencies that | ||||||
24 | assist a victim to deal with trauma, loss, and grief; | ||||||
25 | (4) shall assist in having any stolen or other | ||||||
26 | personal property held by
law enforcement authorities for |
| |||||||
| |||||||
1 | evidentiary or other purposes returned as
expeditiously as | ||||||
2 | possible, pursuant to the procedures set out in Section | ||||||
3 | 115-9
of the Code of Criminal Procedure of 1963;
| ||||||
4 | (5) or victim advocate personnel shall provide | ||||||
5 | appropriate employer
intercession services to ensure that | ||||||
6 | employers of victims will cooperate with
the criminal | ||||||
7 | justice system in order to minimize an employee's loss of | ||||||
8 | pay and
other benefits resulting from court appearances;
| ||||||
9 | (6) shall provide, whenever possible, a secure waiting
| ||||||
10 | area during court proceedings that does not require | ||||||
11 | victims to be in close
proximity to defendants or | ||||||
12 | juveniles accused of a violent crime, and their
families | ||||||
13 | and friends;
| ||||||
14 | (7) shall provide notice to the crime victim of the | ||||||
15 | right to have a
translator present at all court | ||||||
16 | proceedings and, in compliance with the federal Americans
| ||||||
17 | with Disabilities Act of 1990, the right to communications | ||||||
18 | access through a
sign language interpreter or by other | ||||||
19 | means;
| ||||||
20 | (8) (blank);
| ||||||
21 | (8.5) shall inform the victim of the right to be | ||||||
22 | present at all court proceedings, unless the victim is to | ||||||
23 | testify and the court determines that the victim's | ||||||
24 | testimony would be materially affected if the victim hears | ||||||
25 | other testimony at trial; | ||||||
26 | (9) shall inform the victim of the right to have |
| |||||||
| |||||||
1 | present at all court
proceedings, subject to the rules of | ||||||
2 | evidence and confidentiality, an advocate and other | ||||||
3 | support
person of the victim's choice; | ||||||
4 | (9.3) shall inform the victim of the right to retain | ||||||
5 | an attorney, at the
victim's own expense, who, upon | ||||||
6 | written notice filed with the clerk of the
court and | ||||||
7 | State's Attorney, is to receive copies of all notices, | ||||||
8 | motions, and
court orders filed thereafter in the case, in | ||||||
9 | the same manner as if the victim
were a named party in the | ||||||
10 | case;
| ||||||
11 | (9.5) shall inform the victim of (A) the victim's | ||||||
12 | right under Section 6 of this Act to make a statement at | ||||||
13 | the sentencing hearing; (B) the right of the victim's | ||||||
14 | spouse, guardian, parent, grandparent, and other immediate | ||||||
15 | family and household members under Section 6 of this Act | ||||||
16 | to present a statement at sentencing; and (C) if a | ||||||
17 | presentence report is to be prepared, the right of the | ||||||
18 | victim's spouse, guardian, parent, grandparent, and other | ||||||
19 | immediate family and household members to submit | ||||||
20 | information to the preparer of the presentence report | ||||||
21 | about the effect the offense has had on the victim and the | ||||||
22 | person; | ||||||
23 | (10) at the sentencing shall make a good faith attempt | ||||||
24 | to explain
the minimum amount of time during which the | ||||||
25 | defendant may actually be
physically imprisoned. The | ||||||
26 | Office of the State's Attorney shall further notify
the |
| |||||||
| |||||||
1 | crime victim of the right to request from the Prisoner | ||||||
2 | Review Board
or Department of Juvenile Justice information | ||||||
3 | concerning the release of the defendant;
| ||||||
4 | (11) shall request restitution at sentencing and as | ||||||
5 | part of a plea agreement if the victim requests | ||||||
6 | restitution;
| ||||||
7 | (12) shall, upon the court entering a verdict of not | ||||||
8 | guilty by reason of insanity, inform the victim of the | ||||||
9 | notification services available from the Department of | ||||||
10 | Human Services, including the statewide telephone number, | ||||||
11 | under subparagraph (d)(2) of this Section;
| ||||||
12 | (13) shall provide notice within a reasonable time | ||||||
13 | after receipt of notice from
the custodian, of the release | ||||||
14 | of the defendant on pretrial release or personal | ||||||
15 | recognizance
or the release from detention of a minor who | ||||||
16 | has been detained;
| ||||||
17 | (14) shall explain in nontechnical language the | ||||||
18 | details of any plea or verdict of
a defendant, or any | ||||||
19 | adjudication of a juvenile as a delinquent;
| ||||||
20 | (15) shall make all reasonable efforts to consult with | ||||||
21 | the crime victim before the Office of
the State's Attorney | ||||||
22 | makes an offer of a plea bargain to the defendant or
enters | ||||||
23 | into negotiations with the defendant concerning a possible | ||||||
24 | plea
agreement, and shall consider the written statement, | ||||||
25 | if prepared
prior to entering into a plea agreement. The | ||||||
26 | right to consult with the prosecutor does not include the |
| |||||||
| |||||||
1 | right to veto a plea agreement or to insist the case go to | ||||||
2 | trial. If the State's Attorney has not consulted with the | ||||||
3 | victim prior to making an offer or entering into plea | ||||||
4 | negotiations with the defendant, the Office of the State's | ||||||
5 | Attorney shall notify the victim of the offer or the | ||||||
6 | negotiations within 2 business days and confer with the | ||||||
7 | victim;
| ||||||
8 | (16) shall provide notice of the ultimate disposition | ||||||
9 | of the cases arising from
an indictment or an information, | ||||||
10 | or a petition to have a juvenile adjudicated
as a | ||||||
11 | delinquent for a violent crime;
| ||||||
12 | (17) shall provide notice of any appeal taken by the | ||||||
13 | defendant and information
on how to contact the | ||||||
14 | appropriate agency handling the appeal, and how to request | ||||||
15 | notice of any hearing, oral argument, or decision of an | ||||||
16 | appellate court;
| ||||||
17 | (18) shall provide timely notice of any request for | ||||||
18 | post-conviction review filed by the
defendant under | ||||||
19 | Article 122 of the Code of Criminal Procedure of 1963, and | ||||||
20 | of
the date, time and place of any hearing concerning the | ||||||
21 | petition. Whenever
possible, notice of the hearing shall | ||||||
22 | be given within 48 hours of the court's scheduling of the | ||||||
23 | hearing;
| ||||||
24 | (19) shall forward a copy of any statement presented | ||||||
25 | under Section 6 to the
Prisoner Review Board or Department | ||||||
26 | of Juvenile Justice to be considered in making a |
| |||||||
| |||||||
1 | determination
under Section 3-2.5-85 or subsection (b) of | ||||||
2 | Section 3-3-8 of the Unified Code of Corrections;
| ||||||
3 | (20) shall, within a reasonable time, offer to
meet | ||||||
4 | with the crime victim regarding the decision of the
| ||||||
5 | State's Attorney not to charge an offense, and shall meet
| ||||||
6 | with the victim, if the victim agrees. The victim has a
| ||||||
7 | right to have an attorney, advocate, and other support
| ||||||
8 | person of the victim's choice attend this meeting with the
| ||||||
9 | victim; and | ||||||
10 | (21) shall give the crime victim timely notice of any | ||||||
11 | decision not to pursue charges and consider the safety of | ||||||
12 | the victim when deciding how to give such notice. | ||||||
13 | (c) The court shall ensure that the rights of the victim | ||||||
14 | are afforded. | ||||||
15 | (c-5) The following procedures shall be followed to afford | ||||||
16 | victims the rights guaranteed by Article I, Section 8.1 of the | ||||||
17 | Illinois Constitution: | ||||||
18 | (1) Written notice. A victim may complete a written | ||||||
19 | notice of intent to assert rights on a form prepared by the | ||||||
20 | Office of the Attorney General and provided to the victim | ||||||
21 | by the State's Attorney. The victim may at any time | ||||||
22 | provide a revised written notice to the State's Attorney. | ||||||
23 | The State's Attorney shall file the written notice with | ||||||
24 | the court. At the beginning of any court proceeding in | ||||||
25 | which the right of a victim may be at issue, the court and | ||||||
26 | prosecutor shall review the written notice to determine |
| |||||||
| |||||||
1 | whether the victim has asserted the right that may be at | ||||||
2 | issue. | ||||||
3 | (2) Victim's retained attorney. A victim's attorney | ||||||
4 | shall file an entry of appearance limited to assertion of | ||||||
5 | the victim's rights. Upon the filing of the entry of | ||||||
6 | appearance and service on the State's Attorney and the | ||||||
7 | defendant, the attorney is to receive copies of all | ||||||
8 | notices, motions and court orders filed thereafter in the | ||||||
9 | case. | ||||||
10 | (3) Standing. The victim has standing to assert the | ||||||
11 | rights enumerated in subsection (a) of Article I, Section | ||||||
12 | 8.1 of the Illinois Constitution and the statutory rights | ||||||
13 | under Section 4 of this Act in any court exercising | ||||||
14 | jurisdiction over the criminal case. The prosecuting | ||||||
15 | attorney, a victim, or the victim's retained attorney may | ||||||
16 | assert the victim's rights. The defendant in the criminal | ||||||
17 | case has no standing to assert a right of the victim in any | ||||||
18 | court proceeding, including on appeal. | ||||||
19 | (4) Assertion of and enforcement of rights. | ||||||
20 | (A) The prosecuting attorney shall assert a | ||||||
21 | victim's right or request enforcement of a right by | ||||||
22 | filing a motion or by orally asserting the right or | ||||||
23 | requesting enforcement in open court in the criminal | ||||||
24 | case outside the presence of the jury. The prosecuting | ||||||
25 | attorney shall consult with the victim and the | ||||||
26 | victim's attorney regarding the assertion or |
| |||||||
| |||||||
1 | enforcement of a right. If the prosecuting attorney | ||||||
2 | decides not to assert or enforce a victim's right, the | ||||||
3 | prosecuting attorney shall notify the victim or the | ||||||
4 | victim's attorney in sufficient time to allow the | ||||||
5 | victim or the victim's attorney to assert the right or | ||||||
6 | to seek enforcement of a right. | ||||||
7 | (B) If the prosecuting attorney elects not to | ||||||
8 | assert a victim's right or to seek enforcement of a | ||||||
9 | right, the victim or the victim's attorney may assert | ||||||
10 | the victim's right or request enforcement of a right | ||||||
11 | by filing a motion or by orally asserting the right or | ||||||
12 | requesting enforcement in open court in the criminal | ||||||
13 | case outside the presence of the jury. | ||||||
14 | (C) If the prosecuting attorney asserts a victim's | ||||||
15 | right or seeks enforcement of a right, unless the | ||||||
16 | prosecuting attorney objects or the trial court does | ||||||
17 | not allow it, the victim or the victim's attorney may | ||||||
18 | be heard regarding the prosecuting attorney's motion | ||||||
19 | or may file a simultaneous motion to assert or request | ||||||
20 | enforcement of the victim's right. If the victim or | ||||||
21 | the victim's attorney was not allowed to be heard at | ||||||
22 | the hearing regarding the prosecuting attorney's | ||||||
23 | motion, and the court denies the prosecuting | ||||||
24 | attorney's assertion of the right or denies the | ||||||
25 | request for enforcement of a right, the victim or | ||||||
26 | victim's attorney may file a motion to assert the |
| |||||||
| |||||||
1 | victim's right or to request enforcement of the right | ||||||
2 | within 10 days of the court's ruling. The motion need | ||||||
3 | not demonstrate the grounds for a motion for | ||||||
4 | reconsideration. The court shall rule on the merits of | ||||||
5 | the motion. | ||||||
6 | (D) The court shall take up and decide any motion | ||||||
7 | or request asserting or seeking enforcement of a | ||||||
8 | victim's right without delay, unless a specific time | ||||||
9 | period is specified by law or court rule. The reasons | ||||||
10 | for any decision denying the motion or request shall | ||||||
11 | be clearly stated on the record. | ||||||
12 | (E) No later than January 1, 2023, the Office of | ||||||
13 | the Attorney General shall: | ||||||
14 | (i) designate an administrative authority | ||||||
15 | within the Office of the Attorney General to | ||||||
16 | receive and investigate complaints relating to the | ||||||
17 | provision or violation of the rights of a crime | ||||||
18 | victim as described in Article I, Section 8.1 of | ||||||
19 | the Illinois Constitution and in this Act; | ||||||
20 | (ii) create and administer a course of | ||||||
21 | training for employees and offices of the State of | ||||||
22 | Illinois that fail to comply with provisions of | ||||||
23 | Illinois law pertaining to the treatment of crime | ||||||
24 | victims as described in Article I, Section 8.1 of | ||||||
25 | the Illinois Constitution and in this Act as | ||||||
26 | required by the court under Section 5 of this Act; |
| |||||||
| |||||||
1 | and | ||||||
2 | (iii) have the authority to make | ||||||
3 | recommendations to employees and offices of the | ||||||
4 | State of Illinois to respond more effectively to | ||||||
5 | the needs of crime victims, including regarding | ||||||
6 | the violation of the rights of a crime victim. | ||||||
7 | (F) Crime victims' rights may also be asserted by
| ||||||
8 | filing a complaint for mandamus, injunctive, or
| ||||||
9 | declaratory relief in the jurisdiction in which the
| ||||||
10 | victim's right is being violated or where the crime is
| ||||||
11 | being prosecuted. For complaints or motions filed by | ||||||
12 | or on behalf of the victim, the clerk of court shall | ||||||
13 | waive
filing fees that would otherwise be owed by the | ||||||
14 | victim
for any court filing with the purpose of | ||||||
15 | enforcing crime victims' rights. If the court denies | ||||||
16 | the relief
sought by the victim, the reasons for the | ||||||
17 | denial shall
be clearly stated on the record in the | ||||||
18 | transcript of
the proceedings, in a written opinion, | ||||||
19 | or in the
docket entry, and the victim may appeal the | ||||||
20 | circuit
court's decision to the appellate court. The | ||||||
21 | court
shall issue prompt rulings regarding victims' | ||||||
22 | rights.
Proceedings seeking to enforce victims' rights | ||||||
23 | shall
not be stayed or subject to unreasonable delay | ||||||
24 | via
continuances. | ||||||
25 | (5) Violation of rights and remedies. | ||||||
26 | (A) If the court determines that a victim's right |
| |||||||
| |||||||
1 | has been violated, the court shall determine the | ||||||
2 | appropriate remedy for the violation of the victim's | ||||||
3 | right by hearing from the victim and the parties, | ||||||
4 | considering all factors relevant to the issue, and | ||||||
5 | then awarding appropriate relief to the victim. | ||||||
6 | (A-5) Consideration of an issue of a substantive | ||||||
7 | nature or an issue that implicates the constitutional | ||||||
8 | or statutory right of a victim at a court proceeding | ||||||
9 | labeled as a status hearing shall constitute a per se | ||||||
10 | violation of a victim's right. | ||||||
11 | (B) The appropriate remedy shall include only | ||||||
12 | actions necessary to provide the victim the right to | ||||||
13 | which the victim was entitled. Remedies may include, | ||||||
14 | but are not limited to: injunctive relief requiring | ||||||
15 | the victim's right to be afforded; declaratory | ||||||
16 | judgment recognizing or clarifying the victim's | ||||||
17 | rights; a writ of mandamus; and may include reopening | ||||||
18 | previously held proceedings; however, in no event | ||||||
19 | shall the court vacate a conviction. Any remedy shall | ||||||
20 | be tailored to provide the victim an appropriate | ||||||
21 | remedy without violating any constitutional right of | ||||||
22 | the defendant. In no event shall the appropriate | ||||||
23 | remedy to the victim be a new trial or damages. | ||||||
24 | The court shall impose a mandatory training course | ||||||
25 | provided by the Attorney General for the employee under | ||||||
26 | item (ii) of subparagraph (E) of paragraph (4), which must |
| |||||||
| |||||||
1 | be successfully completed within 6 months of the entry of | ||||||
2 | the court order. | ||||||
3 | This paragraph (5) takes effect January 2, 2023. | ||||||
4 | (6) Right to be heard. Whenever a victim has the right | ||||||
5 | to be heard, the court shall allow the victim to exercise | ||||||
6 | the right in any reasonable manner the victim chooses. | ||||||
7 | (7) Right to attend trial. A party must file a written | ||||||
8 | motion to exclude a victim from trial at least 60 days | ||||||
9 | prior to the date set for trial. The motion must state with | ||||||
10 | specificity the reason exclusion is necessary to protect a | ||||||
11 | constitutional right of the party, and must contain an | ||||||
12 | offer of proof. The court shall rule on the motion within | ||||||
13 | 30 days. If the motion is granted, the court shall set | ||||||
14 | forth on the record the facts that support its finding | ||||||
15 | that the victim's testimony will be materially affected if | ||||||
16 | the victim hears other testimony at trial. | ||||||
17 | (8) Right to have advocate and support person present | ||||||
18 | at court proceedings. | ||||||
19 | (A) A party who intends to call an advocate as a | ||||||
20 | witness at trial must seek permission of the court | ||||||
21 | before the subpoena is issued. The party must file a | ||||||
22 | written motion at least 90 days before trial that sets | ||||||
23 | forth specifically the issues on which the advocate's | ||||||
24 | testimony is sought and an offer of proof regarding | ||||||
25 | (i) the content of the anticipated testimony of the | ||||||
26 | advocate; and (ii) the relevance, admissibility, and |
| |||||||
| |||||||
1 | materiality of the anticipated testimony. The court | ||||||
2 | shall consider the motion and make findings within 30 | ||||||
3 | days of the filing of the motion. If the court finds by | ||||||
4 | a preponderance of the evidence that: (i) the | ||||||
5 | anticipated testimony is not protected by an absolute | ||||||
6 | privilege; and (ii) the anticipated testimony contains | ||||||
7 | relevant, admissible, and material evidence that is | ||||||
8 | not available through other witnesses or evidence, the | ||||||
9 | court shall issue a subpoena requiring the advocate to | ||||||
10 | appear to testify at an in camera hearing. The | ||||||
11 | prosecuting attorney and the victim shall have 15 days | ||||||
12 | to seek appellate review before the advocate is | ||||||
13 | required to testify at an ex parte in camera | ||||||
14 | proceeding. | ||||||
15 | The prosecuting attorney, the victim, and the | ||||||
16 | advocate's attorney shall be allowed to be present at | ||||||
17 | the ex parte in camera proceeding. If, after | ||||||
18 | conducting the ex parte in camera hearing, the court | ||||||
19 | determines that due process requires any testimony | ||||||
20 | regarding confidential or privileged information or | ||||||
21 | communications, the court shall provide to the | ||||||
22 | prosecuting attorney, the victim, and the advocate's | ||||||
23 | attorney a written memorandum on the substance of the | ||||||
24 | advocate's testimony. The prosecuting attorney, the | ||||||
25 | victim, and the advocate's attorney shall have 15 days | ||||||
26 | to seek appellate review before a subpoena may be |
| |||||||
| |||||||
1 | issued for the advocate to testify at trial. The | ||||||
2 | presence of the prosecuting attorney at the ex parte | ||||||
3 | in camera proceeding does not make the substance of | ||||||
4 | the advocate's testimony that the court has ruled | ||||||
5 | inadmissible subject to discovery. | ||||||
6 | (B) If a victim has asserted the right to have a | ||||||
7 | support person present at the court proceedings, the | ||||||
8 | victim shall provide the name of the person the victim | ||||||
9 | has chosen to be the victim's support person to the | ||||||
10 | prosecuting attorney, within 60 days of trial. The | ||||||
11 | prosecuting attorney shall provide the name to the | ||||||
12 | defendant. If the defendant intends to call the | ||||||
13 | support person as a witness at trial, the defendant | ||||||
14 | must seek permission of the court before a subpoena is | ||||||
15 | issued. The defendant must file a written motion at | ||||||
16 | least 45 days prior to trial that sets forth | ||||||
17 | specifically the issues on which the support person | ||||||
18 | will testify and an offer of proof regarding: (i) the | ||||||
19 | content of the anticipated testimony of the support | ||||||
20 | person; and (ii) the relevance, admissibility, and | ||||||
21 | materiality of the anticipated testimony. | ||||||
22 | If the prosecuting attorney intends to call the | ||||||
23 | support person as a witness during the State's | ||||||
24 | case-in-chief, the prosecuting attorney shall inform | ||||||
25 | the court of this intent in the response to the | ||||||
26 | defendant's written motion. The victim may choose a |
| |||||||
| |||||||
1 | different person to be the victim's support person. | ||||||
2 | The court may allow the defendant to inquire about | ||||||
3 | matters outside the scope of the direct examination | ||||||
4 | during cross-examination. If the court allows the | ||||||
5 | defendant to do so, the support person shall be | ||||||
6 | allowed to remain in the courtroom after the support | ||||||
7 | person has testified. A defendant who fails to | ||||||
8 | question the support person about matters outside the | ||||||
9 | scope of direct examination during the State's | ||||||
10 | case-in-chief waives the right to challenge the | ||||||
11 | presence of the support person on appeal. The court | ||||||
12 | shall allow the support person to testify if called as | ||||||
13 | a witness in the defendant's case-in-chief or the | ||||||
14 | State's rebuttal. | ||||||
15 | If the court does not allow the defendant to | ||||||
16 | inquire about matters outside the scope of the direct | ||||||
17 | examination, the support person shall be allowed to | ||||||
18 | remain in the courtroom after the support person has | ||||||
19 | been called by the defendant or the defendant has | ||||||
20 | rested. The court shall allow the support person to | ||||||
21 | testify in the State's rebuttal. | ||||||
22 | If the prosecuting attorney does not intend to | ||||||
23 | call the support person in the State's case-in-chief, | ||||||
24 | the court shall verify with the support person whether | ||||||
25 | the support person, if called as a witness, would | ||||||
26 | testify as set forth in the offer of proof. If the |
| |||||||
| |||||||
1 | court finds that the support person would testify as | ||||||
2 | set forth in the offer of proof, the court shall rule | ||||||
3 | on the relevance, materiality, and admissibility of | ||||||
4 | the anticipated testimony. If the court rules the | ||||||
5 | anticipated testimony is admissible, the court shall | ||||||
6 | issue the subpoena. The support person may remain in | ||||||
7 | the courtroom after the support person testifies and | ||||||
8 | shall be allowed to testify in rebuttal. | ||||||
9 | If the court excludes the victim's support person | ||||||
10 | during the State's case-in-chief, the victim shall be | ||||||
11 | allowed to choose another support person to be present | ||||||
12 | in court. | ||||||
13 | If the victim fails to designate a support person | ||||||
14 | within 60 days of trial and the defendant has | ||||||
15 | subpoenaed the support person to testify at trial, the | ||||||
16 | court may exclude the support person from the trial | ||||||
17 | until the support person testifies. If the court | ||||||
18 | excludes the support person the victim may choose | ||||||
19 | another person as a support person. | ||||||
20 | (9) Right to notice and hearing before disclosure of | ||||||
21 | confidential or privileged information or records. | ||||||
22 | (A) A defendant who seeks to subpoena testimony or | ||||||
23 | records of or concerning the victim that are | ||||||
24 | confidential or privileged by law must seek permission | ||||||
25 | of the court before the subpoena is issued. The | ||||||
26 | defendant must file a written motion and an offer of |
| |||||||
| |||||||
1 | proof regarding the relevance, admissibility and | ||||||
2 | materiality of the testimony or records. If the court | ||||||
3 | finds by a preponderance of the evidence that: | ||||||
4 | (i) the testimony or records are not protected | ||||||
5 | by an absolute privilege and | ||||||
6 | (ii) the testimony or records contain | ||||||
7 | relevant, admissible, and material evidence that | ||||||
8 | is not available through other witnesses or | ||||||
9 | evidence, the court shall issue a subpoena | ||||||
10 | requiring the witness to appear in camera or a | ||||||
11 | sealed copy of the records be delivered to the | ||||||
12 | court to be reviewed in camera. If, after | ||||||
13 | conducting an in camera review of the witness | ||||||
14 | statement or records, the court determines that | ||||||
15 | due process requires disclosure of any potential | ||||||
16 | testimony or any portion of the records, the court | ||||||
17 | shall provide copies of the records that it | ||||||
18 | intends to disclose to the prosecuting attorney | ||||||
19 | and the victim. The prosecuting attorney and the | ||||||
20 | victim shall have 30 days to seek appellate review | ||||||
21 | before the records are disclosed to the defendant, | ||||||
22 | used in any court proceeding, or disclosed to | ||||||
23 | anyone or in any way that would subject the | ||||||
24 | testimony or records to public review. The | ||||||
25 | disclosure of copies of any portion of the | ||||||
26 | testimony or records to the prosecuting attorney |
| |||||||
| |||||||
1 | under this Section does not make the records | ||||||
2 | subject to discovery or required to be provided to | ||||||
3 | the defendant. | ||||||
4 | (B) A prosecuting attorney who seeks to subpoena | ||||||
5 | information or records concerning the victim that are | ||||||
6 | confidential or privileged by law must first request | ||||||
7 | the written consent of the crime victim. If the victim | ||||||
8 | does not provide such written consent, including where | ||||||
9 | necessary the appropriate signed document required for | ||||||
10 | waiving privilege, the prosecuting attorney must serve | ||||||
11 | the subpoena at least 21 days prior to the date a | ||||||
12 | response or appearance is required to allow the | ||||||
13 | subject of the subpoena time to file a motion to quash | ||||||
14 | or request a hearing. The prosecuting attorney must | ||||||
15 | also send a written notice to the victim at least 21 | ||||||
16 | days prior to the response date to allow the victim to | ||||||
17 | file a motion or request a hearing. The notice to the | ||||||
18 | victim shall inform the victim (i) that a subpoena has | ||||||
19 | been issued for confidential information or records | ||||||
20 | concerning the victim, (ii) that the victim has the | ||||||
21 | right to request a hearing prior to the response date | ||||||
22 | of the subpoena, and (iii) how to request the hearing. | ||||||
23 | The notice to the victim shall also include a copy of | ||||||
24 | the subpoena. If requested, a hearing regarding the | ||||||
25 | subpoena shall occur before information or records are | ||||||
26 | provided to the prosecuting attorney. |
| |||||||
| |||||||
1 | (10) Right to notice of court proceedings. If the | ||||||
2 | victim is not present at a court proceeding in which a | ||||||
3 | right of the victim is at issue, the court shall ask the | ||||||
4 | prosecuting attorney whether the victim was notified of | ||||||
5 | the time, place, and purpose of the court proceeding and | ||||||
6 | that the victim had a right to be heard at the court | ||||||
7 | proceeding. If the court determines that timely notice was | ||||||
8 | not given or that the victim was not adequately informed | ||||||
9 | of the nature of the court proceeding, the court shall not | ||||||
10 | rule on any substantive issues, accept a plea, or impose a | ||||||
11 | sentence and shall continue the hearing for the time | ||||||
12 | necessary to notify the victim of the time, place and | ||||||
13 | nature of the court proceeding. The time between court | ||||||
14 | proceedings shall not be attributable to the State under | ||||||
15 | Section 103-5 of the Code of Criminal Procedure of 1963. | ||||||
16 | (11) Right to timely disposition of the case. A victim | ||||||
17 | has the right to timely disposition of the case so as to | ||||||
18 | minimize the stress, cost, and inconvenience resulting | ||||||
19 | from the victim's involvement in the case. Before ruling | ||||||
20 | on a motion to continue trial or other court proceeding, | ||||||
21 | the court shall inquire into the circumstances for the | ||||||
22 | request for the delay and, if the victim has provided | ||||||
23 | written notice of the assertion of the right to a timely | ||||||
24 | disposition, and whether the victim objects to the delay. | ||||||
25 | If the victim objects, the prosecutor shall inform the | ||||||
26 | court of the victim's objections. If the prosecutor has |
| |||||||
| |||||||
1 | not conferred with the victim about the continuance, the | ||||||
2 | prosecutor shall inform the court of the attempts to | ||||||
3 | confer. If the court finds the attempts of the prosecutor | ||||||
4 | to confer with the victim were inadequate to protect the | ||||||
5 | victim's right to be heard, the court shall give the | ||||||
6 | prosecutor at least 3 but not more than 5 business days to | ||||||
7 | confer with the victim. In ruling on a motion to continue, | ||||||
8 | the court shall consider the reasons for the requested | ||||||
9 | continuance, the number and length of continuances that | ||||||
10 | have been granted, the victim's objections and procedures | ||||||
11 | to avoid further delays. If a continuance is granted over | ||||||
12 | the victim's objection, the court shall specify on the | ||||||
13 | record the reasons for the continuance and the procedures | ||||||
14 | that have been or will be taken to avoid further delays. | ||||||
15 | (12) Right to Restitution. | ||||||
16 | (A) If the victim has asserted the right to | ||||||
17 | restitution and the amount of restitution is known at | ||||||
18 | the time of sentencing, the court shall enter the | ||||||
19 | judgment of restitution at the time of sentencing. | ||||||
20 | (B) If the victim has asserted the right to | ||||||
21 | restitution and the amount of restitution is not known | ||||||
22 | at the time of sentencing, the prosecutor shall, | ||||||
23 | within 5 days after sentencing, notify the victim what | ||||||
24 | information and documentation related to restitution | ||||||
25 | is needed and that the information and documentation | ||||||
26 | must be provided to the prosecutor within 45 days |
| |||||||
| |||||||
1 | after sentencing. Failure to timely provide | ||||||
2 | information and documentation related to restitution | ||||||
3 | shall be deemed a waiver of the right to restitution. | ||||||
4 | The prosecutor shall file and serve within 60 days | ||||||
5 | after sentencing a proposed judgment for restitution | ||||||
6 | and a notice that includes information concerning the | ||||||
7 | identity of any victims or other persons seeking | ||||||
8 | restitution, whether any victim or other person | ||||||
9 | expressly declines restitution, the nature and amount | ||||||
10 | of any damages together with any supporting | ||||||
11 | documentation, a restitution amount recommendation, | ||||||
12 | and the names of any co-defendants and their case | ||||||
13 | numbers. Within 30 days after receipt of the proposed | ||||||
14 | judgment for restitution, the defendant shall file any | ||||||
15 | objection to the proposed judgment, a statement of | ||||||
16 | grounds for the objection, and a financial statement. | ||||||
17 | If the defendant does not file an objection, the court | ||||||
18 | may enter the judgment for restitution without further | ||||||
19 | proceedings. If the defendant files an objection and | ||||||
20 | either party requests a hearing, the court shall | ||||||
21 | schedule a hearing. | ||||||
22 | (13) Access to presentence reports. | ||||||
23 | (A) The victim may request a copy of the | ||||||
24 | presentence report prepared under the Unified Code of | ||||||
25 | Corrections from the State's Attorney. The State's | ||||||
26 | Attorney shall redact the following information before |
| |||||||
| |||||||
1 | providing a copy of the report: | ||||||
2 | (i) the defendant's mental history and | ||||||
3 | condition; | ||||||
4 | (ii) any evaluation prepared under subsection | ||||||
5 | (b) or (b-5) of Section 5-3-2; and | ||||||
6 | (iii) the name, address, phone number, and | ||||||
7 | other personal information about any other victim. | ||||||
8 | (B) The State's Attorney or the defendant may | ||||||
9 | request the court redact other information in the | ||||||
10 | report that may endanger the safety of any person. | ||||||
11 | (C) The State's Attorney may orally disclose to | ||||||
12 | the victim any of the information that has been | ||||||
13 | redacted if there is a reasonable likelihood that the | ||||||
14 | information will be stated in court at the sentencing. | ||||||
15 | (D) The State's Attorney must advise the victim | ||||||
16 | that the victim must maintain the confidentiality of | ||||||
17 | the report and other information. Any dissemination of | ||||||
18 | the report or information that was not stated at a | ||||||
19 | court proceeding constitutes indirect criminal | ||||||
20 | contempt of court. | ||||||
21 | (14) Appellate relief. If the trial court denies the | ||||||
22 | relief requested, the victim, the victim's attorney, or | ||||||
23 | the prosecuting attorney may file an appeal within 30 days | ||||||
24 | of the trial court's ruling. The trial or appellate court | ||||||
25 | may stay the court proceedings if the court finds that a | ||||||
26 | stay would not violate a constitutional right of the |
| |||||||
| |||||||
1 | defendant. If the appellate court denies the relief | ||||||
2 | sought, the reasons for the denial shall be clearly stated | ||||||
3 | in a written opinion. In any appeal in a criminal case, the | ||||||
4 | State may assert as error the court's denial of any crime | ||||||
5 | victim's right in the proceeding to which the appeal | ||||||
6 | relates. | ||||||
7 | (15) Limitation on appellate relief. In no case shall | ||||||
8 | an appellate court provide a new trial to remedy the | ||||||
9 | violation of a victim's right. | ||||||
10 | (16) The right to be reasonably protected from the | ||||||
11 | accused throughout the criminal justice process and the | ||||||
12 | right to have the safety of the victim and the victim's | ||||||
13 | family considered in determining whether to release the | ||||||
14 | defendant, and setting conditions of release after arrest | ||||||
15 | and conviction. A victim of domestic violence, a sexual | ||||||
16 | offense, or stalking may request the entry of a protective | ||||||
17 | order under Article 112A of the Code of Criminal Procedure | ||||||
18 | of 1963. | ||||||
19 | (d) Procedures after the imposition of sentence. | ||||||
20 | (1) The Prisoner Review Board shall inform a victim or | ||||||
21 | any other
concerned citizen, upon written request, of the | ||||||
22 | prisoner's release on parole,
mandatory supervised | ||||||
23 | release, electronic detention, work release, international | ||||||
24 | transfer or exchange, or by the
custodian, other than the | ||||||
25 | Department of Juvenile Justice, of the discharge of any | ||||||
26 | individual who was adjudicated a delinquent
for a crime |
| |||||||
| |||||||
1 | from State custody and by the sheriff of the appropriate
| ||||||
2 | county of any such person's final discharge from county | ||||||
3 | custody.
The Prisoner Review Board, upon written request, | ||||||
4 | shall provide to a victim or
any other concerned citizen a | ||||||
5 | recent photograph of any person convicted of a
felony, | ||||||
6 | upon his or her release from custody.
The Prisoner
Review | ||||||
7 | Board, upon written request, shall inform a victim or any | ||||||
8 | other
concerned citizen when feasible at least 7 days | ||||||
9 | prior to the prisoner's release
on furlough of the times | ||||||
10 | and dates of such furlough. Upon written request by
the | ||||||
11 | victim or any other concerned citizen, the State's | ||||||
12 | Attorney shall notify
the person once of the times and | ||||||
13 | dates of release of a prisoner sentenced to
periodic | ||||||
14 | imprisonment. Notification shall be based on the most | ||||||
15 | recent
information as to the victim's or other concerned | ||||||
16 | citizen's residence or other
location available to the | ||||||
17 | notifying authority.
| ||||||
18 | (2) When the defendant has been committed to the | ||||||
19 | Department of
Human Services pursuant to Section 5-2-4 or | ||||||
20 | any other
provision of the Unified Code of Corrections, | ||||||
21 | the victim may request to be
notified by the releasing | ||||||
22 | authority of the approval by the court of an on-grounds | ||||||
23 | pass, a supervised off-grounds pass, an unsupervised | ||||||
24 | off-grounds pass, or conditional release; the release on | ||||||
25 | an off-grounds pass; the return from an off-grounds pass; | ||||||
26 | transfer to another facility; conditional release; escape; |
| |||||||
| |||||||
1 | death; or final discharge from State
custody. The | ||||||
2 | Department of Human Services shall establish and maintain | ||||||
3 | a statewide telephone number to be used by victims to make | ||||||
4 | notification requests under these provisions and shall | ||||||
5 | publicize this telephone number on its website and to the | ||||||
6 | State's Attorney of each county.
| ||||||
7 | (3) In the event of an escape from State custody, the | ||||||
8 | Department of
Corrections or the Department of Juvenile | ||||||
9 | Justice immediately shall notify the Prisoner Review Board | ||||||
10 | of the escape
and the Prisoner Review Board shall notify | ||||||
11 | the victim. The notification shall
be based upon the most | ||||||
12 | recent information as to the victim's residence or other
| ||||||
13 | location available to the Board. When no such information | ||||||
14 | is available, the
Board shall make all reasonable efforts | ||||||
15 | to obtain the information and make
the notification. When | ||||||
16 | the escapee is apprehended, the Department of
Corrections | ||||||
17 | or the Department of Juvenile Justice immediately shall | ||||||
18 | notify the Prisoner Review Board and the Board
shall | ||||||
19 | notify the victim.
| ||||||
20 | (4) The victim of the crime for which the prisoner has | ||||||
21 | been sentenced
has the right to register with the Prisoner | ||||||
22 | Review Board's victim registry. Victims registered with | ||||||
23 | the Board shall receive reasonable written notice not less | ||||||
24 | than 30 days prior to the
parole hearing or target | ||||||
25 | aftercare release date. The victim has the right to submit | ||||||
26 | a victim statement for consideration by the Prisoner |
| |||||||
| |||||||
1 | Review Board or the Department of Juvenile Justice in | ||||||
2 | writing, on film, videotape, or other electronic means, or | ||||||
3 | in the form of a recording prior to the parole hearing or | ||||||
4 | target aftercare release date, or in person at the parole | ||||||
5 | hearing or aftercare release protest hearing, or by | ||||||
6 | calling the toll-free number established in subsection (f) | ||||||
7 | of this Section. The
victim shall be notified within 7 | ||||||
8 | days after the prisoner has been granted
parole or | ||||||
9 | aftercare release and shall be informed of the right to | ||||||
10 | inspect the registry of parole
decisions, established | ||||||
11 | under subsection (g) of Section 3-3-5 of the Unified
Code | ||||||
12 | of Corrections. The provisions of this paragraph (4) are | ||||||
13 | subject to the
Open Parole Hearings Act. Victim statements | ||||||
14 | provided to the Board shall be confidential and | ||||||
15 | privileged, including any statements received prior to | ||||||
16 | January 1, 2020 (the effective date of Public Act | ||||||
17 | 101-288), except if the statement was an oral statement | ||||||
18 | made by the victim at a hearing open to the public.
| ||||||
19 | (4-1) The crime victim has the right to submit a | ||||||
20 | victim statement for consideration by the Prisoner Review | ||||||
21 | Board or the Department of Juvenile Justice prior to or at | ||||||
22 | a hearing to determine the conditions of mandatory | ||||||
23 | supervised release of a person sentenced to a determinate | ||||||
24 | sentence or at a hearing on revocation of mandatory | ||||||
25 | supervised release of a person sentenced to a determinate | ||||||
26 | sentence. A victim statement may be submitted in writing, |
| |||||||
| |||||||
1 | on film, videotape, or other electronic means, or in the | ||||||
2 | form of a recording, or orally at a hearing, or by calling | ||||||
3 | the toll-free number established in subsection (f) of this | ||||||
4 | Section. Victim statements provided to the Board shall be | ||||||
5 | confidential and privileged, including any statements | ||||||
6 | received prior to January 1, 2020 (the effective date of | ||||||
7 | Public Act 101-288), except if the statement was an oral | ||||||
8 | statement made by the victim at a hearing open to the | ||||||
9 | public. | ||||||
10 | (4-2) The crime victim has the right to submit a | ||||||
11 | victim statement to the Prisoner Review Board for | ||||||
12 | consideration at an executive clemency hearing as provided | ||||||
13 | in Section 3-3-13 of the Unified Code of Corrections. A | ||||||
14 | victim statement may be submitted in writing, on film, | ||||||
15 | videotape, or other electronic means, or in the form of a | ||||||
16 | recording prior to a hearing, or orally at a hearing, or by | ||||||
17 | calling the toll-free number established in subsection (f) | ||||||
18 | of this Section. Victim statements provided to the Board | ||||||
19 | shall be confidential and privileged, including any | ||||||
20 | statements received prior to January 1, 2020 (the | ||||||
21 | effective date of Public Act 101-288), except if the | ||||||
22 | statement was an oral statement made by the victim at a | ||||||
23 | hearing open to the public. | ||||||
24 | (5) If a statement is presented under Section 6, the | ||||||
25 | Prisoner Review Board or Department of Juvenile Justice
| ||||||
26 | shall inform the victim of any order of discharge pursuant
|
| |||||||
| |||||||
1 | to Section 3-2.5-85 or 3-3-8 of the Unified Code of | ||||||
2 | Corrections.
| ||||||
3 | (6) At the written or oral request of the victim of the | ||||||
4 | crime for which the
prisoner was sentenced or the State's | ||||||
5 | Attorney of the county where the person seeking parole or | ||||||
6 | aftercare release was prosecuted, the Prisoner Review | ||||||
7 | Board or Department of Juvenile Justice shall notify the | ||||||
8 | victim and the State's Attorney of the county where the | ||||||
9 | person seeking parole or aftercare release was prosecuted | ||||||
10 | of
the death of the prisoner if the prisoner died while on | ||||||
11 | parole or aftercare release or mandatory
supervised | ||||||
12 | release.
| ||||||
13 | (7) When a defendant who has been committed to the | ||||||
14 | Department of
Corrections, the Department of Juvenile | ||||||
15 | Justice, or the Department of Human Services is released | ||||||
16 | or discharged and
subsequently committed to the Department | ||||||
17 | of Human Services as a sexually
violent person and the | ||||||
18 | victim had requested to be notified by the releasing
| ||||||
19 | authority of the defendant's discharge, conditional | ||||||
20 | release, death, or escape from State custody, the | ||||||
21 | releasing
authority shall provide to the Department of | ||||||
22 | Human Services such information
that would allow the | ||||||
23 | Department of Human Services to contact the victim.
| ||||||
24 | (8) When a defendant has been convicted of a sex | ||||||
25 | offense as defined in Section 2 of the Sex Offender | ||||||
26 | Registration Act and has been sentenced to the Department |
| |||||||
| |||||||
1 | of Corrections or the Department of Juvenile Justice, the | ||||||
2 | Prisoner Review Board or the Department of Juvenile | ||||||
3 | Justice shall notify the victim of the sex offense of the | ||||||
4 | prisoner's eligibility for release on parole, aftercare | ||||||
5 | release,
mandatory supervised release, electronic | ||||||
6 | detention, work release, international transfer or | ||||||
7 | exchange, or by the
custodian of the discharge of any | ||||||
8 | individual who was adjudicated a delinquent
for a sex | ||||||
9 | offense from State custody and by the sheriff of the | ||||||
10 | appropriate
county of any such person's final discharge | ||||||
11 | from county custody. The notification shall be made to the | ||||||
12 | victim at least 30 days, whenever possible, before release | ||||||
13 | of the sex offender. | ||||||
14 | (e) The officials named in this Section may satisfy some | ||||||
15 | or all of their
obligations to provide notices and other | ||||||
16 | information through participation in a
statewide victim and | ||||||
17 | witness notification system established by the Attorney
| ||||||
18 | General under Section 8.5 of this Act.
| ||||||
19 | (f) The Prisoner Review Board
shall establish a toll-free | ||||||
20 | number that may be accessed by the crime victim to present a | ||||||
21 | victim statement to the Board in accordance with paragraphs | ||||||
22 | (4), (4-1), and (4-2) of subsection (d).
| ||||||
23 | (Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20; | ||||||
24 | 101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff. | ||||||
25 | 8-20-21; revised 12-13-21.)
|
| |||||||
| |||||||
1 | Section 635. The Privacy of Child Victims of Criminal | ||||||
2 | Sexual Offenses Act is amended by changing Section 3 as | ||||||
3 | follows:
| ||||||
4 | (725 ILCS 190/3) (from Ch. 38, par. 1453)
| ||||||
5 | Sec. 3. Confidentiality of Law Enforcement and Court | ||||||
6 | Records. Notwithstanding any other law to the contrary, | ||||||
7 | inspection and copying of
law enforcement records maintained | ||||||
8 | by any law enforcement agency or all circuit
court records | ||||||
9 | maintained by any circuit clerk relating to any investigation
| ||||||
10 | or proceeding pertaining to a criminal sexual offense, by any | ||||||
11 | person, except a
judge, state's attorney, assistant state's | ||||||
12 | attorney, Attorney General, Assistant Attorney General, | ||||||
13 | psychologist,
psychiatrist, social worker, doctor, parent, | ||||||
14 | parole agent, aftercare specialist, probation officer,
| ||||||
15 | defendant, defendant's
attorney, advocate, or victim's | ||||||
16 | attorney (as defined in Section 3 of the Illinois Rights of | ||||||
17 | Crime Victims and Witnesses Act) in any criminal proceeding or | ||||||
18 | investigation related thereto, shall
be restricted to exclude | ||||||
19 | the identity of any child who is a victim of such
criminal | ||||||
20 | sexual offense or alleged criminal sexual offense unless a | ||||||
21 | court order is issued authorizing the removal of such | ||||||
22 | restriction as provided under this Section of a particular | ||||||
23 | case record or particular records of cases maintained by any | ||||||
24 | circuit court clerk. A court may , for
the child's protection | ||||||
25 | and for good cause shown, prohibit any person or
agency |
| |||||||
| |||||||
1 | present in court from further disclosing the child's identity.
| ||||||
2 | A court may prohibit such disclosure only after giving | ||||||
3 | notice and a hearing to all affected parties. In determining | ||||||
4 | whether to prohibit disclosure of the minor's identity, the | ||||||
5 | court shall consider: | ||||||
6 | (1) the best interest of the child; and | ||||||
7 | (2) whether such nondisclosure would further a | ||||||
8 | compelling State interest. | ||||||
9 | When a criminal sexual offense is committed or alleged to | ||||||
10 | have been
committed by a school district employee or any | ||||||
11 | individual contractually employed by a school district, a copy | ||||||
12 | of the criminal history record information relating to the | ||||||
13 | investigation of the offense or alleged offense shall be
| ||||||
14 | transmitted to the superintendent of schools
of the district | ||||||
15 | immediately upon request or if the law enforcement agency | ||||||
16 | knows that a school district employee or any individual | ||||||
17 | contractually employed by a school district has committed or | ||||||
18 | is alleged to have committed a criminal sexual offense, the | ||||||
19 | superintendent of schools
of the district shall be immediately | ||||||
20 | provided a copy of the criminal history record information. | ||||||
21 | The copy of the criminal history record information to be | ||||||
22 | provided under this Section shall exclude the identity of the | ||||||
23 | child victim. The superintendent shall be restricted from
| ||||||
24 | revealing the identity of the victim. Nothing in this Article | ||||||
25 | precludes or may be used to preclude a mandated reporter from | ||||||
26 | reporting child abuse or child neglect as required under the |
| |||||||
| |||||||
1 | Abused and Neglected Child Reporting Act.
| ||||||
2 | For the purposes of this Act, "criminal history record | ||||||
3 | information" means: | ||||||
4 | (i) chronologically maintained arrest information, | ||||||
5 | such as traditional
arrest logs or blotters; | ||||||
6 | (ii) the name of a person in the custody of a law | ||||||
7 | enforcement agency and
the charges for which that person | ||||||
8 | is being held; | ||||||
9 | (iii) court records that are public; | ||||||
10 | (iv) records that are otherwise available under State | ||||||
11 | or local law; or | ||||||
12 | (v) records in which the requesting party is the | ||||||
13 | individual
identified, except as provided under part (vii) | ||||||
14 | of
paragraph (c) of subsection (1) of Section 7 of the | ||||||
15 | Freedom of Information Act.
| ||||||
16 | (Source: P.A. 102-651, eff. 1-1-22; revised 12-13-21.) | ||||||
17 | Section 640. The Privacy of Adult Victims of Criminal | ||||||
18 | Sexual Offenses Act is amended by changing Section 10 as | ||||||
19 | follows: | ||||||
20 | (725 ILCS 191/10)
| ||||||
21 | Sec. 10. Victim privacy. Notwithstanding any other law to | ||||||
22 | the contrary, inspection and copying of law enforcement | ||||||
23 | records maintained by any law enforcement agency or all | ||||||
24 | circuit court records maintained by any circuit clerk relating |
| |||||||
| |||||||
1 | to any investigation or proceeding pertaining to a criminal | ||||||
2 | sexual offense, by any person, except a judge, State's | ||||||
3 | Attorney, Assistant State's Attorney, Attorney General, | ||||||
4 | Assistant Attorney General, psychologist, psychiatrist, social | ||||||
5 | worker, doctor, parole agent, aftercare specialist, probation | ||||||
6 | officer, defendant, defendant's attorney, advocate, or | ||||||
7 | victim's attorney (as
defined in Section 3 of the Illinois | ||||||
8 | Rights of Crime Victims and Witnesses Act) in any criminal | ||||||
9 | proceeding or investigation related thereto shall be | ||||||
10 | restricted to exclude the identity of any adult victim of such | ||||||
11 | criminal sexual offense or alleged criminal sexual offense | ||||||
12 | unless a court order is issued authorizing the removal of such | ||||||
13 | restriction as provided under this Section of a particular | ||||||
14 | case record or particular records of cases maintained by any | ||||||
15 | circuit court clerk. | ||||||
16 | A court may , for the adult victim's protection and for | ||||||
17 | good cause shown, prohibit any person or agency present in | ||||||
18 | court from further disclosing the adult victim's identity. A | ||||||
19 | court may prohibit such disclosure only after giving notice | ||||||
20 | and a hearing to all affected parties. In determining whether | ||||||
21 | to prohibit disclosure of the adult victim's identity , the | ||||||
22 | court shall consider: | ||||||
23 | (1) the best interest of the adult victim; and | ||||||
24 | (2) whether such nondisclosure would further a | ||||||
25 | compelling State interest.
| ||||||
26 | (Source: P.A. 102-652, eff. 1-1-22; revised 11-24-21.) |
| |||||||
| |||||||
1 | Section 645. The Sexual Assault Evidence Submission Act is | ||||||
2 | amended by changing Section 50 as follows: | ||||||
3 | (725 ILCS 202/50) | ||||||
4 | Sec. 50. Sexual assault evidence tracking system. | ||||||
5 | (a) On June 26, 2018, the Sexual Assault Evidence Tracking | ||||||
6 | and Reporting Commission issued its report as required under | ||||||
7 | Section 43. It is the intention of the General Assembly in | ||||||
8 | enacting the provisions of this amendatory Act of the 101st | ||||||
9 | General Assembly to implement the recommendations of the | ||||||
10 | Sexual Assault Evidence Tracking and Reporting Commission set | ||||||
11 | forth in that report in a manner that utilizes the current | ||||||
12 | resources of law enforcement agencies whenever possible and | ||||||
13 | that is adaptable to changing technologies and circumstances. | ||||||
14 | (a-1) Due to the complex nature of a statewide tracking | ||||||
15 | system for sexual assault evidence and
to ensure all | ||||||
16 | stakeholders, including, but not limited to, victims and their | ||||||
17 | designees, health care facilities, law enforcement agencies, | ||||||
18 | forensic labs, and State's Attorneys offices are integrated, | ||||||
19 | the Commission recommended the purchase of an
electronic | ||||||
20 | off-the-shelf tracking system. The system must be able to | ||||||
21 | communicate with all
stakeholders and provide real-time | ||||||
22 | information to a victim or his or her designee on the status
of | ||||||
23 | the evidence that was collected. The sexual assault evidence | ||||||
24 | tracking system must: |
| |||||||
| |||||||
1 | (1) be electronic and web-based; | ||||||
2 | (2) be administered by the Illinois State Police; | ||||||
3 | (3) have help desk availability at all times; | ||||||
4 | (4) ensure the law enforcement agency contact | ||||||
5 | information is accessible to the
victim or his or her | ||||||
6 | designee through the tracking system, so there is contact
| ||||||
7 | information for questions; | ||||||
8 | (5) have the option for external connectivity to | ||||||
9 | evidence management systems,
laboratory information | ||||||
10 | management systems, or other electronic data
systems | ||||||
11 | already in existence by any of the stakeholders to | ||||||
12 | minimize additional
burdens or tasks on stakeholders; | ||||||
13 | (6) allow for the victim to opt in for automatic | ||||||
14 | notifications when status updates are
entered in the | ||||||
15 | system, if the system allows; | ||||||
16 | (7) include at each step in the process, a brief | ||||||
17 | explanation of the general purpose of that
step and a | ||||||
18 | general indication of how long the step may take to | ||||||
19 | complete; | ||||||
20 | (8) contain minimum fields for tracking and reporting, | ||||||
21 | as follows: | ||||||
22 | (A) for sexual assault evidence kit vendor fields: | ||||||
23 | (i) each sexual evidence kit identification | ||||||
24 | number provided to each health care
facility; and | ||||||
25 | (ii) the date the sexual evidence kit was sent | ||||||
26 | to the health care
facility. |
| |||||||
| |||||||
1 | (B) for health care
facility fields: | ||||||
2 | (i) the date sexual assault evidence was | ||||||
3 | collected; and | ||||||
4 | (ii) the date notification was made to the law | ||||||
5 | enforcement agency that the sexual assault | ||||||
6 | evidence was collected. | ||||||
7 | (C) for law enforcement agency fields: | ||||||
8 | (i) the date the law enforcement agency took | ||||||
9 | possession of the sexual assault evidence from the | ||||||
10 | health care facility,
another law enforcement | ||||||
11 | agency, or victim if he or she did not go through a | ||||||
12 | health care facility; | ||||||
13 | (ii) the law enforcement agency complaint | ||||||
14 | number; | ||||||
15 | (iii) if the law enforcement agency that takes | ||||||
16 | possession of the sexual assault evidence from a | ||||||
17 | health care facility is not the law enforcement | ||||||
18 | agency
with jurisdiction in which the offense | ||||||
19 | occurred, the date when the law enforcement agency
| ||||||
20 | notified the law enforcement agency having | ||||||
21 | jurisdiction that the agency has sexual assault | ||||||
22 | evidence required under subsection (c) of Section | ||||||
23 | 20 of the Sexual Assault Incident Procedure Act; | ||||||
24 | (iv) an indication if the victim consented for | ||||||
25 | analysis of the sexual assault evidence; | ||||||
26 | (v) if the victim did not consent for analysis |
| |||||||
| |||||||
1 | of the sexual assault evidence, the date
on which | ||||||
2 | the law enforcement agency is no longer required | ||||||
3 | to store the sexual assault evidence; | ||||||
4 | (vi) a mechanism for the law enforcement | ||||||
5 | agency to document why the sexual assault evidence | ||||||
6 | was not
submitted to the laboratory for analysis, | ||||||
7 | if applicable; | ||||||
8 | (vii) the date the law enforcement agency | ||||||
9 | received the sexual assault evidence results back | ||||||
10 | from the laboratory; | ||||||
11 | (viii) the date statutory notifications were | ||||||
12 | made to the victim or documentation of why | ||||||
13 | notification
was not made; and | ||||||
14 | (ix) the date the law enforcement agency | ||||||
15 | turned over the case information to the State's
| ||||||
16 | Attorney office, if applicable. | ||||||
17 | (D) for forensic lab fields: | ||||||
18 | (i) the date the sexual assault evidence is | ||||||
19 | received from the law enforcement agency by the | ||||||
20 | forensic lab
for analysis; | ||||||
21 | (ii) the laboratory case number, visible to | ||||||
22 | the law enforcement agency and State's Attorney | ||||||
23 | office; and | ||||||
24 | (iii) the date the laboratory completes the | ||||||
25 | analysis of the sexual assault evidence. | ||||||
26 | (E) for State's Attorney office fields: |
| |||||||
| |||||||
1 | (i) the date the State's Attorney office | ||||||
2 | received the sexual assault evidence results from | ||||||
3 | the laboratory, if
applicable; and | ||||||
4 | (ii) the disposition or status of the case. | ||||||
5 | (a-2) The Commission also developed guidelines for secure | ||||||
6 | electronic access to a tracking
system for a victim, or his or | ||||||
7 | her designee to access information on the status of the | ||||||
8 | evidence
collected. The Commission recommended minimum | ||||||
9 | guidelines in order to
safeguard confidentiality of the | ||||||
10 | information contained within this statewide tracking
system. | ||||||
11 | These recommendations are that the sexual assault evidence | ||||||
12 | tracking system must: | ||||||
13 | (1) allow for secure access, controlled by an | ||||||
14 | administering body who can restrict user
access and allow | ||||||
15 | different permissions based on the need of that particular | ||||||
16 | user
and health care facility users may include | ||||||
17 | out-of-state border hospitals, if
authorized by the | ||||||
18 | Illinois State Police to obtain this State's kits from | ||||||
19 | vendor; | ||||||
20 | (2) provide for users, other than victims, the ability | ||||||
21 | to provide for any individual who
is granted access to the | ||||||
22 | program their own unique user ID and password; | ||||||
23 | (3) provide for a mechanism for a victim to enter the | ||||||
24 | system and only access
his or her own information; | ||||||
25 | (4) enable a sexual assault evidence to be tracked and | ||||||
26 | identified through the unique sexual assault evidence kit |
| |||||||
| |||||||
1 | identification
number or barcode that the vendor applies | ||||||
2 | to each sexual assault evidence kit per the Illinois State | ||||||
3 | Police's contract; | ||||||
4 | (5) have a mechanism to inventory unused kits provided | ||||||
5 | to a health care facility from the vendor; | ||||||
6 | (6) provide users the option to either scan the bar | ||||||
7 | code or manually enter the sexual assault evidence kit | ||||||
8 | number
into the tracking program; | ||||||
9 | (7) provide a mechanism to create a separate unique | ||||||
10 | identification number for cases in
which a sexual evidence | ||||||
11 | kit was not collected, but other evidence was collected; | ||||||
12 | (8) provide the ability to record date, time, and user | ||||||
13 | ID whenever any user accesses the
system; | ||||||
14 | (9) provide for real-time entry and update of data; | ||||||
15 | (10) contain report functions including: | ||||||
16 | (A) health care facility compliance with | ||||||
17 | applicable laws; | ||||||
18 | (B) law enforcement agency compliance with | ||||||
19 | applicable laws; | ||||||
20 | (C) law enforcement agency annual inventory of | ||||||
21 | cases to each State's Attorney office; and | ||||||
22 | (D) forensic lab compliance with applicable laws; | ||||||
23 | and | ||||||
24 | (11) provide automatic notifications to the law | ||||||
25 | enforcement agency when: | ||||||
26 | (A) a health care facility has collected sexual |
| |||||||
| |||||||
1 | assault evidence; | ||||||
2 | (B) unreleased sexual assault evidence that is | ||||||
3 | being stored by the law enforcement agency has met the | ||||||
4 | minimum
storage requirement by law; and | ||||||
5 | (C) timelines as required by law are not met for a | ||||||
6 | particular case, if not
otherwise documented. | ||||||
7 | (b) The Illinois State Police may develop rules to | ||||||
8 | implement a sexual assault evidence tracking system that | ||||||
9 | conforms with subsections (a-1) and (a-2) of this Section. The | ||||||
10 | Illinois State Police shall design the criteria for the sexual | ||||||
11 | assault evidence tracking system so that, to the extent | ||||||
12 | reasonably possible, the system can use existing technologies | ||||||
13 | and products, including, but not limited to, currently | ||||||
14 | available tracking systems. The sexual assault evidence | ||||||
15 | tracking system shall be operational and shall begin tracking | ||||||
16 | and reporting sexual assault evidence no later than one year | ||||||
17 | after the effective date of this amendatory Act of the 101st | ||||||
18 | General Assembly. The Illinois State Police may adopt | ||||||
19 | additional rules as it deems necessary to ensure that the | ||||||
20 | sexual assault evidence tracking system continues to be a | ||||||
21 | useful tool for law enforcement. | ||||||
22 | (c) A treatment hospital, a treatment hospital with | ||||||
23 | approved pediatric transfer, an out-of-state hospital approved | ||||||
24 | by the Department of Public Health to receive transfers of | ||||||
25 | Illinois sexual assault survivors, or an approved pediatric | ||||||
26 | health care facility defined in Section 1a of the Sexual |
| |||||||
| |||||||
1 | Assault Survivors Emergency Treatment Act shall participate in | ||||||
2 | the sexual assault evidence tracking system created under this | ||||||
3 | Section and in accordance with rules adopted under subsection | ||||||
4 | (b), including, but not limited to, the collection of sexual | ||||||
5 | assault evidence and providing information regarding that | ||||||
6 | evidence, including, but not limited to, providing notice to | ||||||
7 | law enforcement that the evidence has been collected. | ||||||
8 | (d) The operations of the sexual assault evidence tracking | ||||||
9 | system shall be funded by moneys appropriated for that purpose | ||||||
10 | from the State Crime Laboratory Fund and funds provided to the | ||||||
11 | Illinois State Police through asset forfeiture, together with | ||||||
12 | such other funds as the General Assembly may appropriate. | ||||||
13 | (e) To ensure that the sexual assault evidence tracking | ||||||
14 | system is operational, the Illinois State Police may adopt | ||||||
15 | emergency rules to implement the provisions of this Section | ||||||
16 | under subsection (ff) of Section 5-45 of the Illinois | ||||||
17 | Administrative Procedure Act. | ||||||
18 | (f) Information, including, but not limited to, evidence | ||||||
19 | and records in the sexual assault evidence tracking system is | ||||||
20 | exempt from disclosure under the Freedom of Information Act.
| ||||||
21 | (Source: P.A. 101-377, eff. 8-16-19; 102-22, eff. 6-25-21; | ||||||
22 | 102-523, eff. 8-20-21; 102-538, eff. 8-20-21; revised | ||||||
23 | 10-20-21.) | ||||||
24 | Section 650. The Sexual Assault Incident Procedure Act is | ||||||
25 | amended by changing Section 35 as follows: |
| |||||||
| |||||||
1 | (725 ILCS 203/35)
| ||||||
2 | Sec. 35. Release of information. | ||||||
3 | (a) Upon the request of the victim who has consented to the | ||||||
4 | release of sexual assault evidence for testing, the law | ||||||
5 | enforcement agency having jurisdiction shall notify the victim | ||||||
6 | about the Illinois State Police sexual assault evidence | ||||||
7 | tracking system and provide the following information in | ||||||
8 | writing: | ||||||
9 | (1) the date the sexual assault evidence was sent to | ||||||
10 | an Illinois State Police forensic laboratory or designated | ||||||
11 | laboratory; | ||||||
12 | (2) test results provided to the law enforcement | ||||||
13 | agency by an Illinois State Police forensic laboratory or | ||||||
14 | designated laboratory, including, but not limited to: | ||||||
15 | (A) whether a DNA profile was obtained from the | ||||||
16 | testing of the sexual assault evidence from the | ||||||
17 | victim's case; | ||||||
18 | (B) whether the DNA profile developed from the | ||||||
19 | sexual assault evidence has been searched against the | ||||||
20 | DNA Index System or any state or federal DNA database; | ||||||
21 | (C) whether an association was made to an | ||||||
22 | individual whose DNA profile is consistent with the | ||||||
23 | sexual assault evidence DNA profile,
provided that | ||||||
24 | disclosure would not impede or compromise an ongoing | ||||||
25 | investigation; and |
| |||||||
| |||||||
1 | (D) whether any drugs were detected in a urine or | ||||||
2 | blood sample analyzed for drug facilitated sexual | ||||||
3 | assault and information about any drugs detected. | ||||||
4 | (b) The information listed in paragraph (1) of subsection | ||||||
5 | (a) of this Section shall be provided to the victim within 7 | ||||||
6 | days of the transfer of the evidence to the laboratory. The | ||||||
7 | information listed in paragraph (2) of subsection (a) of this | ||||||
8 | Section shall be provided to the victim within 7 days of the | ||||||
9 | receipt of the information by the law enforcement agency | ||||||
10 | having jurisdiction. | ||||||
11 | (c) At the time the sexual assault evidence is released | ||||||
12 | for testing, the victim shall be provided written information | ||||||
13 | by the law enforcement agency having jurisdiction or the | ||||||
14 | hospital providing emergency services and forensic services to | ||||||
15 | the victim informing him or her of the right to request | ||||||
16 | information under subsection (a) of this Section. A victim may | ||||||
17 | designate another person or agency to receive this | ||||||
18 | information. | ||||||
19 | (d) The victim or the victim's designee shall keep the law | ||||||
20 | enforcement agency having jurisdiction informed of the name, | ||||||
21 | address, telephone number, and email address of the person to | ||||||
22 | whom the information should be provided, and any changes of | ||||||
23 | the name, address, telephone number, and email address, if an | ||||||
24 | email address is available.
| ||||||
25 | (Source: P.A. 102-22, eff. 6-25-21; 102-538, eff. 8-20-21; | ||||||
26 | revised 10-20-21.) |
| |||||||
| |||||||
1 | Section 655. The Unified Code of Corrections is amended by | ||||||
2 | changing Sections 3-2-2, 3-3-14, 3-6-7.2, 3-14-1, 5-4-1, | ||||||
3 | 5-4-3a, 5-5-3, 5-9-1.4, and 5-9-1.9 and the heading of Article | ||||||
4 | 3 of Chapter III as follows:
| ||||||
5 | (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
| ||||||
6 | Sec. 3-2-2. Powers and duties of the Department.
| ||||||
7 | (1) In addition to the powers, duties, and | ||||||
8 | responsibilities which are
otherwise provided by law, the | ||||||
9 | Department shall have the following powers:
| ||||||
10 | (a) To accept persons committed to it by the courts of | ||||||
11 | this State for
care, custody, treatment , and | ||||||
12 | rehabilitation, and to accept federal prisoners and aliens | ||||||
13 | over whom the Office of the Federal Detention Trustee is | ||||||
14 | authorized to exercise the federal detention function for | ||||||
15 | limited purposes and periods of time.
| ||||||
16 | (b) To develop and maintain reception and evaluation | ||||||
17 | units for purposes
of analyzing the custody and | ||||||
18 | rehabilitation needs of persons committed to
it and to | ||||||
19 | assign such persons to institutions and programs under its | ||||||
20 | control
or transfer them to other appropriate agencies. In | ||||||
21 | consultation with the
Department of Alcoholism and | ||||||
22 | Substance Abuse (now the Department of Human
Services), | ||||||
23 | the Department of Corrections
shall develop a master plan | ||||||
24 | for the screening and evaluation of persons
committed to |
| |||||||
| |||||||
1 | its custody who have alcohol or drug abuse problems, and | ||||||
2 | for
making appropriate treatment available to such | ||||||
3 | persons; the Department
shall report to the General | ||||||
4 | Assembly on such plan not later than April 1,
1987. The | ||||||
5 | maintenance and implementation of such plan shall be | ||||||
6 | contingent
upon the availability of funds.
| ||||||
7 | (b-1) To create and implement, on January 1, 2002, a | ||||||
8 | pilot
program to
establish the effectiveness of | ||||||
9 | pupillometer technology (the measurement of the
pupil's
| ||||||
10 | reaction to light) as an alternative to a urine test for | ||||||
11 | purposes of screening
and evaluating
persons committed to | ||||||
12 | its custody who have alcohol or drug problems. The
pilot | ||||||
13 | program shall require the pupillometer technology to be | ||||||
14 | used in at
least one Department of
Corrections facility. | ||||||
15 | The Director may expand the pilot program to include an
| ||||||
16 | additional facility or
facilities as he or she deems | ||||||
17 | appropriate.
A minimum of 4,000 tests shall be included in | ||||||
18 | the pilot program.
The
Department must report to the
| ||||||
19 | General Assembly on the
effectiveness of the program by | ||||||
20 | January 1, 2003.
| ||||||
21 | (b-5) To develop, in consultation with the Illinois | ||||||
22 | State Police, a
program for tracking and evaluating each | ||||||
23 | inmate from commitment through release
for recording his | ||||||
24 | or her gang affiliations, activities, or ranks.
| ||||||
25 | (c) To maintain and administer all State correctional | ||||||
26 | institutions and
facilities under its control and to |
| |||||||
| |||||||
1 | establish new ones as needed. Pursuant
to its power to | ||||||
2 | establish new institutions and facilities, the Department
| ||||||
3 | may, with the written approval of the Governor, authorize | ||||||
4 | the Department of
Central Management Services to enter | ||||||
5 | into an agreement of the type
described in subsection (d) | ||||||
6 | of Section 405-300 of the
Department
of Central Management | ||||||
7 | Services Law. The Department shall
designate those | ||||||
8 | institutions which
shall constitute the State Penitentiary | ||||||
9 | System. The Department of Juvenile Justice shall maintain | ||||||
10 | and administer all State youth centers pursuant to | ||||||
11 | subsection (d) of Section 3-2.5-20.
| ||||||
12 | Pursuant to its power to establish new institutions | ||||||
13 | and facilities, the
Department may authorize the | ||||||
14 | Department of Central Management Services to
accept bids | ||||||
15 | from counties and municipalities for the construction,
| ||||||
16 | remodeling , or conversion of a structure to be leased to | ||||||
17 | the Department of
Corrections for the purposes of its | ||||||
18 | serving as a correctional institution
or facility. Such | ||||||
19 | construction, remodeling , or conversion may be financed
| ||||||
20 | with revenue bonds issued pursuant to the Industrial | ||||||
21 | Building Revenue Bond
Act by the municipality or county. | ||||||
22 | The lease specified in a bid shall be
for a term of not | ||||||
23 | less than the time needed to retire any revenue bonds
used | ||||||
24 | to finance the project, but not to exceed 40 years. The | ||||||
25 | lease may
grant to the State the option to purchase the | ||||||
26 | structure outright.
|
| |||||||
| |||||||
1 | Upon receipt of the bids, the Department may certify | ||||||
2 | one or more of the
bids and shall submit any such bids to | ||||||
3 | the General Assembly for approval.
Upon approval of a bid | ||||||
4 | by a constitutional majority of both houses of the
General | ||||||
5 | Assembly, pursuant to joint resolution, the Department of | ||||||
6 | Central
Management Services may enter into an agreement | ||||||
7 | with the county or
municipality pursuant to such bid.
| ||||||
8 | (c-5) To build and maintain regional juvenile | ||||||
9 | detention centers and to
charge a per diem to the counties | ||||||
10 | as established by the Department to defray
the costs of | ||||||
11 | housing each minor in a center. In this subsection (c-5),
| ||||||
12 | "juvenile
detention center" means a facility to house | ||||||
13 | minors during pendency of trial who
have been transferred | ||||||
14 | from proceedings under the Juvenile Court Act of 1987 to
| ||||||
15 | prosecutions under the criminal laws of this State in | ||||||
16 | accordance with Section
5-805 of the Juvenile Court Act of | ||||||
17 | 1987, whether the transfer was by operation
of
law or | ||||||
18 | permissive under that Section. The Department shall | ||||||
19 | designate the
counties to be served by each regional | ||||||
20 | juvenile detention center.
| ||||||
21 | (d) To develop and maintain programs of control, | ||||||
22 | rehabilitation , and
employment of committed persons within | ||||||
23 | its institutions.
| ||||||
24 | (d-5) To provide a pre-release job preparation program | ||||||
25 | for inmates at Illinois adult correctional centers.
| ||||||
26 | (d-10) To provide educational and visitation |
| |||||||
| |||||||
1 | opportunities to committed persons within its institutions | ||||||
2 | through temporary access to content-controlled tablets | ||||||
3 | that may be provided as a privilege to committed persons | ||||||
4 | to induce or reward compliance. | ||||||
5 | (e) To establish a system of supervision and guidance | ||||||
6 | of committed persons
in the community.
| ||||||
7 | (f) To establish in cooperation with the Department of | ||||||
8 | Transportation
to supply a sufficient number of prisoners | ||||||
9 | for use by the Department of
Transportation to clean up | ||||||
10 | the trash and garbage along State, county,
township, or | ||||||
11 | municipal highways as designated by the Department of
| ||||||
12 | Transportation. The Department of Corrections, at the | ||||||
13 | request of the
Department of Transportation, shall furnish | ||||||
14 | such prisoners at least
annually for a period to be agreed | ||||||
15 | upon between the Director of
Corrections and the Secretary | ||||||
16 | of Transportation. The prisoners used on this
program | ||||||
17 | shall be selected by the Director of Corrections on | ||||||
18 | whatever basis
he deems proper in consideration of their | ||||||
19 | term, behavior and earned eligibility
to participate in | ||||||
20 | such program - where they will be outside of the prison
| ||||||
21 | facility but still in the custody of the Department of | ||||||
22 | Corrections. Prisoners
convicted of first degree murder, | ||||||
23 | or a Class X felony, or armed violence, or
aggravated | ||||||
24 | kidnapping, or criminal sexual assault, aggravated | ||||||
25 | criminal sexual
abuse or a subsequent conviction for | ||||||
26 | criminal sexual abuse, or forcible
detention, or arson, or |
| |||||||
| |||||||
1 | a prisoner adjudged a Habitual Criminal shall not be
| ||||||
2 | eligible for selection to participate in such program. The | ||||||
3 | prisoners shall
remain as prisoners in the custody of the | ||||||
4 | Department of Corrections and such
Department shall | ||||||
5 | furnish whatever security is necessary. The Department of
| ||||||
6 | Transportation shall furnish trucks and equipment for the | ||||||
7 | highway cleanup
program and personnel to supervise and | ||||||
8 | direct the program. Neither the
Department of Corrections | ||||||
9 | nor the Department of Transportation shall replace
any | ||||||
10 | regular employee with a prisoner.
| ||||||
11 | (g) To maintain records of persons committed to it and | ||||||
12 | to establish
programs of research, statistics , and | ||||||
13 | planning.
| ||||||
14 | (h) To investigate the grievances of any person | ||||||
15 | committed to the
Department and to inquire into any | ||||||
16 | alleged misconduct by employees
or committed persons; and | ||||||
17 | for
these purposes it may issue subpoenas and compel the | ||||||
18 | attendance of witnesses
and the production of writings and | ||||||
19 | papers, and may examine under oath any
witnesses who may | ||||||
20 | appear before it; to also investigate alleged violations
| ||||||
21 | of a parolee's or releasee's conditions of parole or | ||||||
22 | release; and for this
purpose it may issue subpoenas and | ||||||
23 | compel the attendance of witnesses and
the production of | ||||||
24 | documents only if there is reason to believe that such
| ||||||
25 | procedures would provide evidence that such violations | ||||||
26 | have occurred.
|
| |||||||
| |||||||
1 | If any person fails to obey a subpoena issued under | ||||||
2 | this subsection,
the Director may apply to any circuit | ||||||
3 | court to secure compliance with the
subpoena. The failure | ||||||
4 | to comply with the order of the court issued in
response | ||||||
5 | thereto shall be punishable as contempt of court.
| ||||||
6 | (i) To appoint and remove the chief administrative | ||||||
7 | officers, and
administer
programs of training and | ||||||
8 | development of personnel of the Department. Personnel
| ||||||
9 | assigned by the Department to be responsible for the
| ||||||
10 | custody and control of committed persons or to investigate | ||||||
11 | the alleged
misconduct of committed persons or employees | ||||||
12 | or alleged violations of a
parolee's or releasee's | ||||||
13 | conditions of parole shall be conservators of the peace
| ||||||
14 | for those purposes, and shall have the full power of peace | ||||||
15 | officers outside
of the facilities of the Department in | ||||||
16 | the protection, arrest, retaking ,
and reconfining of | ||||||
17 | committed persons or where the exercise of such power
is | ||||||
18 | necessary to the investigation of such misconduct or | ||||||
19 | violations. This subsection shall not apply to persons | ||||||
20 | committed to the Department of Juvenile Justice under the | ||||||
21 | Juvenile Court Act of 1987 on aftercare release.
| ||||||
22 | (j) To cooperate with other departments and agencies | ||||||
23 | and with local
communities for the development of | ||||||
24 | standards and programs for better
correctional services in | ||||||
25 | this State.
| ||||||
26 | (k) To administer all moneys and properties of the |
| |||||||
| |||||||
1 | Department.
| ||||||
2 | (l) To report annually to the Governor on the | ||||||
3 | committed
persons, institutions , and programs of the | ||||||
4 | Department.
| ||||||
5 | (l-5) (Blank).
| ||||||
6 | (m) To make all rules and regulations and exercise all | ||||||
7 | powers and duties
vested by law in the Department.
| ||||||
8 | (n) To establish rules and regulations for | ||||||
9 | administering a system of
sentence credits, established in | ||||||
10 | accordance with Section 3-6-3, subject
to review by the | ||||||
11 | Prisoner Review Board.
| ||||||
12 | (o) To administer the distribution of funds
from the | ||||||
13 | State Treasury to reimburse counties where State penal
| ||||||
14 | institutions are located for the payment of assistant | ||||||
15 | state's attorneys'
salaries under Section 4-2001 of the | ||||||
16 | Counties Code.
| ||||||
17 | (p) To exchange information with the Department of | ||||||
18 | Human Services and the
Department of Healthcare and Family | ||||||
19 | Services
for the purpose of verifying living arrangements | ||||||
20 | and for other purposes
directly connected with the | ||||||
21 | administration of this Code and the Illinois
Public Aid | ||||||
22 | Code.
| ||||||
23 | (q) To establish a diversion program.
| ||||||
24 | The program shall provide a structured environment for | ||||||
25 | selected
technical parole or mandatory supervised release | ||||||
26 | violators and committed
persons who have violated the |
| |||||||
| |||||||
1 | rules governing their conduct while in work
release. This | ||||||
2 | program shall not apply to those persons who have | ||||||
3 | committed
a new offense while serving on parole or | ||||||
4 | mandatory supervised release or
while committed to work | ||||||
5 | release.
| ||||||
6 | Elements of the program shall include, but shall not | ||||||
7 | be limited to, the
following:
| ||||||
8 | (1) The staff of a diversion facility shall | ||||||
9 | provide supervision in
accordance with required | ||||||
10 | objectives set by the facility.
| ||||||
11 | (2) Participants shall be required to maintain | ||||||
12 | employment.
| ||||||
13 | (3) Each participant shall pay for room and board | ||||||
14 | at the facility on a
sliding-scale basis according to | ||||||
15 | the participant's income.
| ||||||
16 | (4) Each participant shall:
| ||||||
17 | (A) provide restitution to victims in | ||||||
18 | accordance with any court order;
| ||||||
19 | (B) provide financial support to his | ||||||
20 | dependents; and
| ||||||
21 | (C) make appropriate payments toward any other | ||||||
22 | court-ordered
obligations.
| ||||||
23 | (5) Each participant shall complete community | ||||||
24 | service in addition to
employment.
| ||||||
25 | (6) Participants shall take part in such | ||||||
26 | counseling, educational , and
other programs as the |
| |||||||
| |||||||
1 | Department may deem appropriate.
| ||||||
2 | (7) Participants shall submit to drug and alcohol | ||||||
3 | screening.
| ||||||
4 | (8) The Department shall promulgate rules | ||||||
5 | governing the administration
of the program.
| ||||||
6 | (r) To enter into intergovernmental cooperation | ||||||
7 | agreements under which
persons in the custody of the | ||||||
8 | Department may participate in a county impact
| ||||||
9 | incarceration program established under Section 3-6038 or | ||||||
10 | 3-15003.5 of the
Counties Code.
| ||||||
11 | (r-5) (Blank).
| ||||||
12 | (r-10) To systematically and routinely identify with | ||||||
13 | respect to each
streetgang active within the correctional | ||||||
14 | system: (1) each active gang; (2)
every existing | ||||||
15 | inter-gang affiliation or alliance; and (3) the current | ||||||
16 | leaders
in each gang. The Department shall promptly | ||||||
17 | segregate leaders from inmates who
belong to their gangs | ||||||
18 | and allied gangs. "Segregate" means no physical contact
| ||||||
19 | and, to the extent possible under the conditions and space | ||||||
20 | available at the
correctional facility, prohibition of | ||||||
21 | visual and sound communication. For the
purposes of this | ||||||
22 | paragraph (r-10), "leaders" means persons who:
| ||||||
23 | (i) are members of a criminal streetgang;
| ||||||
24 | (ii) with respect to other individuals within the | ||||||
25 | streetgang, occupy a
position of organizer, | ||||||
26 | supervisor, or other position of management or
|
| |||||||
| |||||||
1 | leadership; and
| ||||||
2 | (iii) are actively and personally engaged in | ||||||
3 | directing, ordering,
authorizing, or requesting | ||||||
4 | commission of criminal acts by others, which are
| ||||||
5 | punishable as a felony, in furtherance of streetgang | ||||||
6 | related activity both
within and outside of the | ||||||
7 | Department of Corrections.
| ||||||
8 | "Streetgang", "gang", and "streetgang related" have the | ||||||
9 | meanings ascribed to
them in Section 10 of the Illinois | ||||||
10 | Streetgang Terrorism Omnibus Prevention
Act.
| ||||||
11 | (s) To operate a super-maximum security institution, | ||||||
12 | in order to
manage and
supervise inmates who are | ||||||
13 | disruptive or dangerous and provide for the safety
and | ||||||
14 | security of the staff and the other inmates.
| ||||||
15 | (t) To monitor any unprivileged conversation or any | ||||||
16 | unprivileged
communication, whether in person or by mail, | ||||||
17 | telephone, or other means,
between an inmate who, before | ||||||
18 | commitment to the Department, was a member of an
organized | ||||||
19 | gang and any other person without the need to show cause or | ||||||
20 | satisfy
any other requirement of law before beginning the | ||||||
21 | monitoring, except as
constitutionally required. The | ||||||
22 | monitoring may be by video, voice, or other
method of | ||||||
23 | recording or by any other means. As used in this | ||||||
24 | subdivision (1)(t),
"organized gang" has the meaning | ||||||
25 | ascribed to it in Section 10 of the Illinois
Streetgang | ||||||
26 | Terrorism Omnibus Prevention Act.
|
| |||||||
| |||||||
1 | As used in this subdivision (1)(t), "unprivileged | ||||||
2 | conversation" or
"unprivileged communication" means a | ||||||
3 | conversation or communication that is not
protected by any | ||||||
4 | privilege recognized by law or by decision, rule, or order | ||||||
5 | of
the Illinois Supreme Court.
| ||||||
6 | (u) To establish a Women's and Children's Pre-release | ||||||
7 | Community
Supervision
Program for the purpose of providing | ||||||
8 | housing and services to eligible female
inmates, as | ||||||
9 | determined by the Department, and their newborn and young
| ||||||
10 | children.
| ||||||
11 | (u-5) To issue an order, whenever a person committed | ||||||
12 | to the Department absconds or absents himself or herself, | ||||||
13 | without authority to do so, from any facility or program | ||||||
14 | to which he or she is assigned. The order shall be | ||||||
15 | certified by the Director, the Supervisor of the | ||||||
16 | Apprehension Unit, or any person duly designated by the | ||||||
17 | Director, with the seal of the Department affixed. The | ||||||
18 | order shall be directed to all sheriffs, coroners, and | ||||||
19 | police officers, or to any particular person named in the | ||||||
20 | order. Any order issued pursuant to this subdivision | ||||||
21 | (1)(u-5) shall be sufficient warrant for the officer or | ||||||
22 | person named in the order to arrest and deliver the | ||||||
23 | committed person to the proper correctional officials and | ||||||
24 | shall be executed the same as criminal process. | ||||||
25 | (u-6) To appoint a point of contact person who shall
| ||||||
26 | receive suggestions, complaints, or other requests to the
|
| |||||||
| |||||||
1 | Department from visitors to Department institutions or
| ||||||
2 | facilities and from other members of the public. | ||||||
3 | (v) To do all other acts necessary to carry out the | ||||||
4 | provisions
of this Chapter.
| ||||||
5 | (2) The Department of Corrections shall by January 1, | ||||||
6 | 1998, consider
building and operating a correctional facility | ||||||
7 | within 100 miles of a county of
over 2,000,000 inhabitants, | ||||||
8 | especially a facility designed to house juvenile
participants | ||||||
9 | in the impact incarceration program.
| ||||||
10 | (3) When the Department lets bids for contracts for | ||||||
11 | medical
services to be provided to persons committed to | ||||||
12 | Department facilities by
a health maintenance organization, | ||||||
13 | medical service corporation, or other
health care provider, | ||||||
14 | the bid may only be let to a health care provider
that has | ||||||
15 | obtained an irrevocable letter of credit or performance bond
| ||||||
16 | issued by a company whose bonds have an investment grade or | ||||||
17 | higher rating by a bond rating
organization.
| ||||||
18 | (4) When the Department lets bids for
contracts for food | ||||||
19 | or commissary services to be provided to
Department | ||||||
20 | facilities, the bid may only be let to a food or commissary
| ||||||
21 | services provider that has obtained an irrevocable letter of
| ||||||
22 | credit or performance bond issued by a company whose bonds | ||||||
23 | have an investment grade or higher rating by a bond rating | ||||||
24 | organization.
| ||||||
25 | (5) On and after the date 6 months after August 16, 2013 | ||||||
26 | (the effective date of Public Act 98-488), as provided in the |
| |||||||
| |||||||
1 | Executive Order 1 (2012) Implementation Act, all of the | ||||||
2 | powers, duties, rights, and responsibilities related to State | ||||||
3 | healthcare purchasing under this Code that were transferred | ||||||
4 | from the Department of Corrections to the Department of | ||||||
5 | Healthcare and Family Services by Executive Order 3 (2005) are | ||||||
6 | transferred back to the Department of Corrections; however, | ||||||
7 | powers, duties, rights, and responsibilities related to State | ||||||
8 | healthcare purchasing under this Code that were exercised by | ||||||
9 | the Department of Corrections before the effective date of | ||||||
10 | Executive Order 3 (2005) but that pertain to individuals | ||||||
11 | resident in facilities operated by the Department of Juvenile | ||||||
12 | Justice are transferred to the Department of Juvenile Justice. | ||||||
13 | (Source: P.A. 101-235, eff. 1-1-20; 102-350, eff. 8-13-21; | ||||||
14 | 102-535, eff. 1-1-22; 102-538, eff. 8-20-21; revised | ||||||
15 | 10-15-21.)
| ||||||
16 | (730 ILCS 5/Ch. III Art. 3 heading) | ||||||
17 | ARTICLE 3. PRISONER REVIEW PAROLE AND PARDON BOARD
| ||||||
18 | (730 ILCS 5/3-3-14) | ||||||
19 | Sec. 3-3-14. Procedure for medical release. | ||||||
20 | (a) Definitions . : | ||||||
21 | (1) As used in this Section , "medically incapacitated" | ||||||
22 | means that an inmate has any diagnosable medical | ||||||
23 | condition, including dementia and severe, permanent | ||||||
24 | medical or cognitive disability, that prevents the inmate |
| |||||||
| |||||||
1 | from completing more than one activity of daily living | ||||||
2 | without assistance or that incapacitates the inmate to the | ||||||
3 | extent that institutional confinement does not offer | ||||||
4 | additional restrictions, and that the condition is | ||||||
5 | unlikely to improve noticeably in the future. | ||||||
6 | (2) As used in this Section, "terminal illness" means | ||||||
7 | a condition that satisfies all of the following criteria: | ||||||
8 | (i) the condition is irreversible and incurable; | ||||||
9 | and | ||||||
10 | (ii) in accordance with medical standards and a | ||||||
11 | reasonable degree of medical certainty,
based on an | ||||||
12 | individual assessment of the inmate, the condition is | ||||||
13 | likely to cause death to
the inmate within 18 months. | ||||||
14 | (b) The Prisoner Review Board shall consider an | ||||||
15 | application for compassionate release on behalf of any inmate | ||||||
16 | who meets any of the following: | ||||||
17 | (1) is suffering from a terminal illness; or | ||||||
18 | (2) has been diagnosed with a condition that will | ||||||
19 | result in medical incapacity within the next 6 months; or | ||||||
20 | (3) has become medically incapacitated subsequent to | ||||||
21 | sentencing due to illness or injury. | ||||||
22 | (c) Initial application. Application: | ||||||
23 | (1) An initial application for medical release may be | ||||||
24 | filed with the Prisoner Review Board by an inmate, a | ||||||
25 | prison official, a medical professional who has treated or | ||||||
26 | diagnosed the inmate, or an inmate's spouse, parent, |
| |||||||
| |||||||
1 | guardian, grandparent, aunt or uncle, sibling, child over | ||||||
2 | the age of eighteen years, or attorney. If the initial | ||||||
3 | application is made by someone other than the inmate, the | ||||||
4 | inmate, or if the inmate is they are medically unable to | ||||||
5 | consent, the guardian or family member designated to | ||||||
6 | represent the inmate's their interests must consent to the | ||||||
7 | application at the time of the institutional hearing. | ||||||
8 | (2) Application materials shall be maintained on the | ||||||
9 | Prisoner Review Board's website and , the Department of | ||||||
10 | Corrections' website , and maintained in a clearly visible | ||||||
11 | place within the law library and the infirmary of every | ||||||
12 | penal institution and facility operated by the Department | ||||||
13 | of Corrections. | ||||||
14 | (3) The initial application need not be notarized, can | ||||||
15 | be sent via email or facsimile, and must contain the | ||||||
16 | following information: | ||||||
17 | (i) the inmate's name and Illinois Department of | ||||||
18 | Corrections number; | ||||||
19 | (ii) the inmate's diagnosis; | ||||||
20 | (iii) a statement that the inmate meets one of the | ||||||
21 | following diagnostic criteria: | ||||||
22 | (A) (a) the inmate is suffering from a | ||||||
23 | terminal illness; | ||||||
24 | (B) (b) the inmate has been diagnosed with a | ||||||
25 | condition that will result in
medical incapacity | ||||||
26 | within the next 6 months; or |
| |||||||
| |||||||
1 | (C) (c) the inmate has become medically | ||||||
2 | incapacitated subsequent to
sentencing due to | ||||||
3 | illness or injury. | ||||||
4 | (4) Upon receiving the inmate's initial application, | ||||||
5 | the Board shall order the Department of Corrections to | ||||||
6 | have a physician or nurse practitioner evaluate the inmate | ||||||
7 | and create a written evaluation within ten days of the | ||||||
8 | Board's order. The evaluation shall include but need not | ||||||
9 | be limited to: | ||||||
10 | (i) a concise statement of the inmate's medical | ||||||
11 | diagnosis, including prognosis,
likelihood of | ||||||
12 | recovery, and primary symptoms, to include | ||||||
13 | incapacitation; and | ||||||
14 | (ii) a statement confirming or denying that the | ||||||
15 | inmate meets one of the criteria
stated in subsection | ||||||
16 | (b) of this Section. | ||||||
17 | (d) Institutional hearing. No public institutional hearing | ||||||
18 | is required for consideration of a petition, but shall be | ||||||
19 | granted at the request of the petitioner. The inmate may be | ||||||
20 | represented by counsel and may present witnesses to the Board | ||||||
21 | members. Hearings shall be governed by the Open Parole | ||||||
22 | Hearings Act. | ||||||
23 | (e) Voting procedure. Petitions shall be considered by | ||||||
24 | three-member panels, and decisions shall be made by simple | ||||||
25 | majority. | ||||||
26 | (f) Consideration. In considering a petition for release |
| |||||||
| |||||||
1 | under the statute, the Prisoner Review Board may consider the | ||||||
2 | following factors: | ||||||
3 | (i) the inmate's diagnosis and likelihood of | ||||||
4 | recovery; | ||||||
5 | (ii) the approximate cost of health care to the | ||||||
6 | State should the inmate remain in custody; | ||||||
7 | (iii) the impact that the inmate's continued | ||||||
8 | incarceration may have on the provision of
medical | ||||||
9 | care within the Department; | ||||||
10 | (iv) the present likelihood of and ability to pose | ||||||
11 | a substantial danger to the physical safety
of a | ||||||
12 | specifically identifiable person or persons; | ||||||
13 | (v) any statements by the victim regarding | ||||||
14 | release; and | ||||||
15 | (vi) whether the inmate's condition was explicitly | ||||||
16 | disclosed to the original sentencing judge
and taken | ||||||
17 | into account at the time of sentencing. | ||||||
18 | (g) Inmates granted medical release shall be released on | ||||||
19 | mandatory supervised release for a period of 5 years subject | ||||||
20 | to Section 3-3-8, which shall operate to discharge any | ||||||
21 | remaining term of years imposed upon him or her. However, in no | ||||||
22 | event shall the eligible person serve a period of mandatory | ||||||
23 | supervised release greater than the aggregate of the | ||||||
24 | discharged underlying sentence and the mandatory supervised | ||||||
25 | release period as set forth in Section 5-4.5-20. | ||||||
26 | (h) Within 90 days of the receipt of the initial |
| |||||||
| |||||||
1 | application, the Prisoner Review Board shall conduct a hearing | ||||||
2 | if a hearing is requested and render a decision granting or | ||||||
3 | denying the petitioner's request for release. | ||||||
4 | (i) Nothing in this statute shall preclude a petitioner | ||||||
5 | from seeking alternative forms of release, including clemency, | ||||||
6 | relief from the sentencing court, post-conviction relief, or | ||||||
7 | any other legal remedy. | ||||||
8 | (j) This act applies retroactively, and shall be | ||||||
9 | applicable to all currently incarcerated people in Illinois. | ||||||
10 | (k) Data report. The Department of Corrections and the | ||||||
11 | Prisoner Review Board shall release a report annually | ||||||
12 | published on their websites that reports the following | ||||||
13 | information about the Medical Release Program: | ||||||
14 | (1) The number of applications for medical release | ||||||
15 | received by the Board in the preceding year, and | ||||||
16 | information about those applications , including: | ||||||
17 | (i) demographic data about the individual , | ||||||
18 | including race or ethnicity, gender, age, and | ||||||
19 | institution; | ||||||
20 | (ii) the highest class of offense for which the | ||||||
21 | individual is incarcerated; | ||||||
22 | (iii) the relationship of the applicant to the | ||||||
23 | person completing the application; | ||||||
24 | (iv) whether the applicant had applied for medical | ||||||
25 | release before and been denied, and, if so, when; | ||||||
26 | (v) whether the person applied as a person who is |
| |||||||
| |||||||
1 | medically incapacitated or a person who is terminally | ||||||
2 | ill; and | ||||||
3 | (vi) a basic description of the underlying medical | ||||||
4 | condition that led to the application. | ||||||
5 | (2) The number of medical statements from the | ||||||
6 | Department of Corrections received by the Board . ; | ||||||
7 | (3) The number of institutional hearings on medical | ||||||
8 | release applications conducted by the Board . ; | ||||||
9 | (4) The number of people approved for medical release, | ||||||
10 | and information about them , including: | ||||||
11 | (i) demographic data about the individual | ||||||
12 | including race or ethnicity, gender, age, and zip code | ||||||
13 | to which they were released; | ||||||
14 | (ii) whether the person applied as a person who is | ||||||
15 | medically incapacitated or a person who is terminally | ||||||
16 | ill; | ||||||
17 | (iii) a basic description of the underlying | ||||||
18 | medical condition that led to the application; and | ||||||
19 | (iv) a basic description of the medical setting | ||||||
20 | the person was released to. | ||||||
21 | (5) The number of people released on the medical | ||||||
22 | release program . ; | ||||||
23 | (6) The number of people approved for medical release | ||||||
24 | who experienced more than a one-month one month
delay | ||||||
25 | between release decision and ultimate release , including : ; | ||||||
26 | (i) demographic data about the individuals |
| |||||||
| |||||||
1 | including race or ethnicity, gender and age; | ||||||
2 | (ii) the reason for the delay; | ||||||
3 | (iii) whether the person remains incarcerated; and | ||||||
4 | (iv) a basic description of the underlying medical | ||||||
5 | condition of the applying person. | ||||||
6 | (7) For those individuals released on mandatory | ||||||
7 | supervised release due to a granted application for | ||||||
8 | medical release : ; | ||||||
9 | (i) the number of individuals who were serving | ||||||
10 | terms of mandatory supervised release because of | ||||||
11 | medical release applications during the previous year; | ||||||
12 | (ii) the number of individuals who had their | ||||||
13 | mandatory supervised release revoked; and | ||||||
14 | (iii) the number of individuals who died during | ||||||
15 | the previous year. | ||||||
16 | (8) Information on seriously ill individuals | ||||||
17 | incarcerated at the Department of Corrections , including: | ||||||
18 | (i) the number of people currently receiving | ||||||
19 | full-time one-on-one medical care or assistance with | ||||||
20 | activities of daily living within Department of | ||||||
21 | Corrections facilities and whether that care is | ||||||
22 | provided by a medical practitioner or an inmate, along | ||||||
23 | with the institutions at which they are incarcerated; | ||||||
24 | and | ||||||
25 | (ii) the number of people who spent more than one | ||||||
26 | month in outside hospital care during the previous |
| |||||||
| |||||||
1 | year and their home institutions. | ||||||
2 | All the information provided in this report shall be | ||||||
3 | provided in aggregate, and nothing shall be
construed to | ||||||
4 | require the public dissemination of any personal medical | ||||||
5 | information.
| ||||||
6 | (Source: P.A. 102-494, eff. 1-1-22; revised 11-24-21.) | ||||||
7 | (730 ILCS 5/3-6-7.2) | ||||||
8 | Sec. 3-6-7.2. Educational programming programing for | ||||||
9 | pregnant committed persons. The Department shall develop and | ||||||
10 | provide to each pregnant committed person educational | ||||||
11 | programming relating to pregnancy and parenting. The | ||||||
12 | programming must include instruction regarding: | ||||||
13 | (1) appropriate prenatal care and hygiene; | ||||||
14 | (2) the effects of prenatal exposure to alcohol and | ||||||
15 | drugs on a developing fetus; | ||||||
16 | (3) parenting skills; and | ||||||
17 | (4) medical and mental health issues applicable to | ||||||
18 | children.
| ||||||
19 | (Source: P.A. 101-652, eff. 7-1-21; revised 11-24-21.)
| ||||||
20 | (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
| ||||||
21 | Sec. 3-14-1. Release from the institution.
| ||||||
22 | (a) Upon release of a person on parole, mandatory release, | ||||||
23 | final
discharge , or pardon , the Department shall return all | ||||||
24 | property held for
him, provide him with suitable clothing and |
| |||||||
| |||||||
1 | procure necessary
transportation for him to his designated | ||||||
2 | place of residence and
employment. It may provide such person | ||||||
3 | with a grant of money for travel and
expenses which may be paid | ||||||
4 | in installments. The amount of the money grant
shall be | ||||||
5 | determined by the Department.
| ||||||
6 | (a-1) The Department shall, before a wrongfully imprisoned | ||||||
7 | person, as defined in Section 3-1-2 of this Code, is | ||||||
8 | discharged from the Department, provide him or her with any | ||||||
9 | documents necessary after discharge. | ||||||
10 | (a-2) The Department of Corrections may establish and | ||||||
11 | maintain, in any institution
it administers, revolving funds | ||||||
12 | to be known as "Travel and Allowances Revolving
Funds". These | ||||||
13 | revolving funds shall be used for advancing travel and expense
| ||||||
14 | allowances to committed, paroled, and discharged prisoners. | ||||||
15 | The moneys
paid into such revolving funds shall be from | ||||||
16 | appropriations to the Department
for Committed, Paroled, and | ||||||
17 | Discharged Prisoners.
| ||||||
18 | (a-3) Upon release of a person who is eligible to vote on | ||||||
19 | parole, mandatory release, final discharge, or pardon, the | ||||||
20 | Department shall provide the person with a form that informs | ||||||
21 | him or her that his or her voting rights have been restored and | ||||||
22 | a voter registration application. The Department shall have | ||||||
23 | available voter registration applications in the languages | ||||||
24 | provided by the Illinois State Board of Elections. The form | ||||||
25 | that informs the person that his or her rights have been | ||||||
26 | restored shall include the following information: |
| |||||||
| |||||||
1 | (1) All voting rights are restored upon release from | ||||||
2 | the Department's custody. | ||||||
3 | (2) A person who is eligible to vote must register in | ||||||
4 | order to be able to vote. | ||||||
5 | The Department of Corrections shall confirm that the | ||||||
6 | person received the voter registration application and has | ||||||
7 | been informed that his or her voting rights have been | ||||||
8 | restored. | ||||||
9 | (a-4) Prior to release of a person on parole, mandatory | ||||||
10 | supervised release, final discharge, or pardon, the Department | ||||||
11 | shall screen every person for Medicaid eligibility. Officials | ||||||
12 | of the correctional institution or facility where the | ||||||
13 | committed person is assigned shall assist an eligible person | ||||||
14 | to complete a Medicaid application to ensure that the person | ||||||
15 | begins receiving benefits as soon as possible after his or her | ||||||
16 | release. The application must include the eligible person's | ||||||
17 | address associated with his or her residence upon release from | ||||||
18 | the facility. If the residence is temporary, the eligible | ||||||
19 | person must notify the Department of Human Services of his or | ||||||
20 | her change in address upon transition to permanent housing. | ||||||
21 | (b) (Blank).
| ||||||
22 | (c) Except as otherwise provided in this Code, the | ||||||
23 | Department shall
establish procedures to provide written | ||||||
24 | notification of any release of any
person who has been | ||||||
25 | convicted of a felony to the State's Attorney
and sheriff of | ||||||
26 | the county from which the offender was committed, and the
|
| |||||||
| |||||||
1 | State's Attorney and sheriff of the county into which the | ||||||
2 | offender is to be
paroled or released. Except as otherwise | ||||||
3 | provided in this Code, the
Department shall establish | ||||||
4 | procedures to provide written notification to
the proper law | ||||||
5 | enforcement agency for any municipality of any release of any
| ||||||
6 | person who has been convicted of a felony if the arrest of the | ||||||
7 | offender or the
commission of the offense took place in the | ||||||
8 | municipality, if the offender is to
be paroled or released | ||||||
9 | into the municipality, or if the offender resided in the
| ||||||
10 | municipality at the time of the commission of the offense. If a | ||||||
11 | person
convicted of a felony who is in the custody of the | ||||||
12 | Department of Corrections or
on parole or mandatory supervised | ||||||
13 | release informs the Department that he or she
has resided, | ||||||
14 | resides, or will
reside at an address that is a housing | ||||||
15 | facility owned, managed,
operated, or leased by a public | ||||||
16 | housing agency, the Department must send
written notification | ||||||
17 | of that information to the public housing agency that
owns, | ||||||
18 | manages, operates, or leases the housing facility. The written
| ||||||
19 | notification shall, when possible, be given at least 14 days | ||||||
20 | before release of
the person from custody, or as soon | ||||||
21 | thereafter as possible. The written notification shall be | ||||||
22 | provided electronically if the State's Attorney, sheriff, | ||||||
23 | proper law enforcement agency, or public housing agency has | ||||||
24 | provided the Department with an accurate and up to date email | ||||||
25 | address.
| ||||||
26 | (c-1) (Blank). |
| |||||||
| |||||||
1 | (c-2) The Department shall establish procedures to provide | ||||||
2 | notice to the Illinois State Police of the release or | ||||||
3 | discharge of persons convicted of violations of the | ||||||
4 | Methamphetamine Control and Community
Protection Act or a | ||||||
5 | violation of the Methamphetamine Precursor Control Act. The | ||||||
6 | Illinois State Police shall make this information available to | ||||||
7 | local, State, or federal law enforcement agencies upon | ||||||
8 | request. | ||||||
9 | (c-5) If a person on parole or mandatory supervised | ||||||
10 | release becomes a resident of a facility licensed or regulated | ||||||
11 | by the Department of Public Health, the Illinois Department of | ||||||
12 | Public Aid, or the Illinois Department of Human Services, the | ||||||
13 | Department of Corrections shall provide copies of the | ||||||
14 | following information to the appropriate licensing or | ||||||
15 | regulating Department and the licensed or regulated facility | ||||||
16 | where the person becomes a resident: | ||||||
17 | (1) The mittimus and any pre-sentence investigation | ||||||
18 | reports. | ||||||
19 | (2) The social evaluation prepared pursuant to Section | ||||||
20 | 3-8-2. | ||||||
21 | (3) Any pre-release evaluation conducted pursuant to | ||||||
22 | subsection (j) of Section 3-6-2. | ||||||
23 | (4) Reports of disciplinary infractions and | ||||||
24 | dispositions. | ||||||
25 | (5) Any parole plan, including orders issued by the | ||||||
26 | Prisoner Review Board, and any violation reports and |
| |||||||
| |||||||
1 | dispositions. | ||||||
2 | (6) The name and contact information for the assigned | ||||||
3 | parole agent and parole supervisor.
| ||||||
4 | This information shall be provided within 3 days of the | ||||||
5 | person becoming a resident of the facility.
| ||||||
6 | (c-10) If a person on parole or mandatory supervised | ||||||
7 | release becomes a resident of a facility licensed or regulated | ||||||
8 | by the Department of Public Health, the Illinois Department of | ||||||
9 | Public Aid, or the Illinois Department of Human Services, the | ||||||
10 | Department of Corrections shall provide written notification | ||||||
11 | of such residence to the following: | ||||||
12 | (1) The Prisoner Review Board. | ||||||
13 | (2) The
chief of police and sheriff in the | ||||||
14 | municipality and county in which the licensed facility is | ||||||
15 | located. | ||||||
16 | The notification shall be provided within 3 days of the | ||||||
17 | person becoming a resident of the facility.
| ||||||
18 | (d) Upon the release of a committed person on parole, | ||||||
19 | mandatory
supervised release, final discharge , or pardon, the | ||||||
20 | Department shall provide
such person with information | ||||||
21 | concerning programs and services of the
Illinois Department of | ||||||
22 | Public Health to ascertain whether such person has
been | ||||||
23 | exposed to the human immunodeficiency virus (HIV) or any | ||||||
24 | identified
causative agent of Acquired Immunodeficiency | ||||||
25 | Syndrome (AIDS).
| ||||||
26 | (e) Upon the release of a committed person on parole, |
| |||||||
| |||||||
1 | mandatory supervised
release, final discharge, pardon, or who | ||||||
2 | has been wrongfully imprisoned, the Department shall verify | ||||||
3 | the released person's full name, date of birth, and social | ||||||
4 | security number. If verification is made by the Department by | ||||||
5 | obtaining a certified copy of the released person's birth | ||||||
6 | certificate and the released person's social security card or | ||||||
7 | other documents authorized by the Secretary, the Department | ||||||
8 | shall provide the birth certificate and social security card | ||||||
9 | or other documents authorized by the Secretary to the released | ||||||
10 | person. If verification by the Department is done by means | ||||||
11 | other than obtaining a certified copy of the released person's | ||||||
12 | birth certificate and the released person's social security | ||||||
13 | card or other documents authorized by the Secretary, the | ||||||
14 | Department shall complete a verification form, prescribed by | ||||||
15 | the Secretary of State, and shall provide that verification | ||||||
16 | form to the released person.
| ||||||
17 | (f) Forty-five days prior to the scheduled discharge of a | ||||||
18 | person committed to the custody of the Department of | ||||||
19 | Corrections, the Department shall give the person: | ||||||
20 | (1) who is otherwise uninsured an opportunity to apply | ||||||
21 | for health care coverage including medical assistance | ||||||
22 | under Article V of the Illinois Public Aid Code in | ||||||
23 | accordance with subsection (b) of Section 1-8.5 of the | ||||||
24 | Illinois Public Aid Code, and the Department of | ||||||
25 | Corrections shall provide assistance with completion of | ||||||
26 | the application for health care coverage including medical |
| |||||||
| |||||||
1 | assistance; | ||||||
2 | (2) information about obtaining a standard Illinois | ||||||
3 | Identification Card or a limited-term Illinois | ||||||
4 | Identification Card under Section 4 of the Illinois | ||||||
5 | Identification Card Act; | ||||||
6 | (3) information about voter registration and may | ||||||
7 | distribute information prepared by the State Board of | ||||||
8 | Elections. The Department of Corrections may enter into an | ||||||
9 | interagency contract with the State Board of Elections to | ||||||
10 | participate in the automatic voter registration program | ||||||
11 | and be a designated automatic voter registration agency | ||||||
12 | under Section 1A-16.2 of the Election Code; | ||||||
13 | (4) information about job listings upon discharge from | ||||||
14 | the correctional institution or facility; | ||||||
15 | (5) information about available housing upon discharge | ||||||
16 | from the correctional institution or facility; | ||||||
17 | (6) a directory of elected State officials and of | ||||||
18 | officials elected in the county and municipality, if any, | ||||||
19 | in which the committed person intends to reside upon | ||||||
20 | discharge from the correctional institution or facility; | ||||||
21 | and | ||||||
22 | (7) any other information that the Department of | ||||||
23 | Corrections deems necessary to provide the committed | ||||||
24 | person in order for the committed person to reenter the | ||||||
25 | community and avoid recidivism. | ||||||
26 | The Department may adopt rules to implement this Section. |
| |||||||
| |||||||
1 | (Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20; | ||||||
2 | 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-606, eff. | ||||||
3 | 1-1-22; revised 10-15-21.)
| ||||||
4 | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| ||||||
5 | Sec. 5-4-1. Sentencing hearing.
| ||||||
6 | (a) Except when the death penalty is
sought under hearing | ||||||
7 | procedures otherwise specified, after a
determination of | ||||||
8 | guilt, a hearing shall be held to impose the sentence.
| ||||||
9 | However, prior to the imposition of sentence on an individual | ||||||
10 | being
sentenced for an offense based upon a charge for a | ||||||
11 | violation of Section
11-501 of the Illinois Vehicle Code or a | ||||||
12 | similar provision of a local
ordinance, the individual must | ||||||
13 | undergo a professional evaluation to
determine if an alcohol | ||||||
14 | or other drug abuse problem exists and the extent
of such a | ||||||
15 | problem. Programs conducting these evaluations shall be
| ||||||
16 | licensed by the Department of Human Services. However, if the | ||||||
17 | individual is
not a resident of Illinois, the court
may, in its | ||||||
18 | discretion, accept an evaluation from a program in the state | ||||||
19 | of
such individual's residence. The court shall make a | ||||||
20 | specific finding about whether the defendant is eligible for | ||||||
21 | participation in a Department impact incarceration program as | ||||||
22 | provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an | ||||||
23 | explanation as to why a sentence to impact incarceration is | ||||||
24 | not an appropriate sentence. The court may in its sentencing | ||||||
25 | order recommend a defendant for placement in a Department of |
| |||||||
| |||||||
1 | Corrections substance abuse treatment program as provided in | ||||||
2 | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | ||||||
3 | upon the defendant being accepted in a program by the | ||||||
4 | Department of Corrections. At the
hearing the court
shall:
| ||||||
5 | (1) consider the evidence, if any, received upon the | ||||||
6 | trial;
| ||||||
7 | (2) consider any presentence reports;
| ||||||
8 | (3) consider the financial impact of incarceration | ||||||
9 | based on the
financial impact statement filed with the | ||||||
10 | clerk of the court by the
Department of Corrections;
| ||||||
11 | (4) consider evidence and information offered by the | ||||||
12 | parties in
aggravation and mitigation; | ||||||
13 | (4.5) consider substance abuse treatment, eligibility | ||||||
14 | screening, and an assessment, if any, of the defendant by | ||||||
15 | an agent designated by the State of Illinois to provide | ||||||
16 | assessment services for the Illinois courts;
| ||||||
17 | (5) hear arguments as to sentencing alternatives;
| ||||||
18 | (6) afford the defendant the opportunity to make a | ||||||
19 | statement in his
own behalf;
| ||||||
20 | (7) afford the victim of a violent crime or a | ||||||
21 | violation of Section
11-501 of the Illinois Vehicle Code, | ||||||
22 | or a similar provision of a local
ordinance, the | ||||||
23 | opportunity to present an oral or written statement, as | ||||||
24 | guaranteed by Article I, Section 8.1 of the Illinois | ||||||
25 | Constitution and provided in Section 6 of the Rights of | ||||||
26 | Crime Victims and Witnesses Act. The court shall allow a |
| |||||||
| |||||||
1 | victim to make an oral statement if the victim is present | ||||||
2 | in the courtroom and requests to make an oral or written | ||||||
3 | statement. An oral or written statement includes the | ||||||
4 | victim or a representative of the victim reading the | ||||||
5 | written statement. The court may allow persons impacted by | ||||||
6 | the crime who are not victims under subsection (a) of | ||||||
7 | Section 3 of the Rights of Crime Victims and Witnesses Act | ||||||
8 | to present an oral or written statement. A victim and any | ||||||
9 | person making an oral statement shall not be put under | ||||||
10 | oath or subject to cross-examination. All statements | ||||||
11 | offered under this paragraph
(7) shall become part of the | ||||||
12 | record of the court. In this
paragraph (7), "victim of a | ||||||
13 | violent crime" means a person who is a victim of a violent | ||||||
14 | crime for which the defendant has been convicted after a | ||||||
15 | bench or jury trial or a person who is the victim of a | ||||||
16 | violent crime with which the defendant was charged and the | ||||||
17 | defendant has been convicted under a plea agreement of a | ||||||
18 | crime that is not a violent crime as defined in subsection | ||||||
19 | (c) of 3 of the Rights of Crime Victims and Witnesses Act; | ||||||
20 | (7.5) afford a qualified person affected by: (i) a | ||||||
21 | violation of Section 405, 405.1, 405.2, or 407 of the | ||||||
22 | Illinois Controlled Substances Act or a violation of | ||||||
23 | Section 55 or Section 65 of the Methamphetamine Control | ||||||
24 | and Community Protection Act; or (ii) a Class 4 felony | ||||||
25 | violation of Section 11-14, 11-14.3 except as described in | ||||||
26 | subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, |
| |||||||
| |||||||
1 | 11-18.1, or 11-19 of the Criminal Code of 1961 or the | ||||||
2 | Criminal Code of 2012, committed by the defendant the | ||||||
3 | opportunity to make a statement concerning the impact on | ||||||
4 | the qualified person and to offer evidence in aggravation | ||||||
5 | or mitigation; provided that the statement and evidence | ||||||
6 | offered in aggravation or mitigation shall first be | ||||||
7 | prepared in writing in conjunction with the State's | ||||||
8 | Attorney before it may be presented orally at the hearing. | ||||||
9 | Sworn testimony offered by the qualified person is subject | ||||||
10 | to the defendant's right to cross-examine. All statements | ||||||
11 | and evidence offered under this paragraph (7.5) shall | ||||||
12 | become part of the record of the court. In this paragraph | ||||||
13 | (7.5), "qualified person" means any person who: (i) lived | ||||||
14 | or worked within the territorial jurisdiction where the | ||||||
15 | offense took place when the offense took place; or (ii) is | ||||||
16 | familiar with various public places within the territorial | ||||||
17 | jurisdiction where the offense took place when the offense | ||||||
18 | took place. "Qualified person" includes any peace officer | ||||||
19 | or any member of any duly organized State, county, or | ||||||
20 | municipal peace officer unit assigned to the territorial | ||||||
21 | jurisdiction where the offense took place when the offense | ||||||
22 | took place;
| ||||||
23 | (8) in cases of reckless homicide afford the victim's | ||||||
24 | spouse,
guardians, parents or other immediate family | ||||||
25 | members an opportunity to make
oral statements;
| ||||||
26 | (9) in cases involving a felony sex offense as defined |
| |||||||
| |||||||
1 | under the Sex
Offender
Management Board Act, consider the | ||||||
2 | results of the sex offender evaluation
conducted pursuant | ||||||
3 | to Section 5-3-2 of this Act; and
| ||||||
4 | (10) make a finding of whether a motor vehicle was | ||||||
5 | used in the commission of the offense for which the | ||||||
6 | defendant is being sentenced. | ||||||
7 | (b) All sentences shall be imposed by the judge based upon | ||||||
8 | his
independent assessment of the elements specified above and | ||||||
9 | any agreement
as to sentence reached by the parties. The judge | ||||||
10 | who presided at the
trial or the judge who accepted the plea of | ||||||
11 | guilty shall impose the
sentence unless he is no longer | ||||||
12 | sitting as a judge in that court. Where
the judge does not | ||||||
13 | impose sentence at the same time on all defendants
who are | ||||||
14 | convicted as a result of being involved in the same offense, | ||||||
15 | the
defendant or the State's Attorney may advise the | ||||||
16 | sentencing court of the
disposition of any other defendants | ||||||
17 | who have been sentenced.
| ||||||
18 | (b-1) In imposing a sentence of imprisonment or periodic | ||||||
19 | imprisonment for a Class 3 or Class 4 felony for which a | ||||||
20 | sentence of probation or conditional discharge is an available | ||||||
21 | sentence, if the defendant has no prior sentence of probation | ||||||
22 | or conditional discharge and no prior conviction for a violent | ||||||
23 | crime, the defendant shall not be sentenced to imprisonment | ||||||
24 | before review and consideration of a presentence report and | ||||||
25 | determination and explanation of why the particular evidence, | ||||||
26 | information, factor in aggravation, factual finding, or other |
| |||||||
| |||||||
1 | reasons support a sentencing determination that one or more of | ||||||
2 | the factors under subsection (a) of Section 5-6-1 of this Code | ||||||
3 | apply and that probation or conditional discharge is not an | ||||||
4 | appropriate sentence. | ||||||
5 | (c) In imposing a sentence for a violent crime or for an | ||||||
6 | offense of
operating or being in physical control of a vehicle | ||||||
7 | while under the
influence of alcohol, any other drug or any | ||||||
8 | combination thereof, or a
similar provision of a local | ||||||
9 | ordinance, when such offense resulted in the
personal injury | ||||||
10 | to someone other than the defendant, the trial judge shall
| ||||||
11 | specify on the record the particular evidence, information, | ||||||
12 | factors in
mitigation and aggravation or other reasons that | ||||||
13 | led to his sentencing
determination. The full verbatim record | ||||||
14 | of the sentencing hearing shall be
filed with the clerk of the | ||||||
15 | court and shall be a public record.
| ||||||
16 | (c-1) In imposing a sentence for the offense of aggravated | ||||||
17 | kidnapping for
ransom, home invasion, armed robbery, | ||||||
18 | aggravated vehicular hijacking,
aggravated discharge of a | ||||||
19 | firearm, or armed violence with a category I weapon
or | ||||||
20 | category II weapon,
the trial judge shall make a finding as to | ||||||
21 | whether the conduct leading to
conviction for the offense | ||||||
22 | resulted in great bodily harm to a victim, and
shall enter that | ||||||
23 | finding and the basis for that finding in the record.
| ||||||
24 | (c-1.5) Notwithstanding any other provision of law to the | ||||||
25 | contrary, in imposing a sentence for an offense that requires | ||||||
26 | a mandatory minimum sentence of imprisonment, the court may |
| |||||||
| |||||||
1 | instead sentence the offender to probation, conditional | ||||||
2 | discharge, or a lesser term of imprisonment it deems | ||||||
3 | appropriate if: (1) the offense involves the use or possession | ||||||
4 | of drugs, retail theft, or driving on a revoked license due to | ||||||
5 | unpaid financial obligations; (2) the court finds that the | ||||||
6 | defendant does not pose a risk to public safety; and (3) the | ||||||
7 | interest of justice requires imposing a term of probation, | ||||||
8 | conditional discharge, or a lesser term of imprisonment. The | ||||||
9 | court must state on the record its reasons for imposing | ||||||
10 | probation, conditional discharge, or a lesser term of | ||||||
11 | imprisonment. | ||||||
12 | (c-2) If the defendant is sentenced to prison, other than | ||||||
13 | when a sentence of
natural life imprisonment or a sentence of | ||||||
14 | death is imposed, at the time
the sentence is imposed the judge | ||||||
15 | shall
state on the record in open court the approximate period | ||||||
16 | of time the defendant
will serve in custody according to the | ||||||
17 | then current statutory rules and
regulations for sentence | ||||||
18 | credit found in Section 3-6-3 and other related
provisions of | ||||||
19 | this Code. This statement is intended solely to inform the
| ||||||
20 | public, has no legal effect on the defendant's actual release, | ||||||
21 | and may not be
relied on by the defendant on appeal.
| ||||||
22 | The judge's statement, to be given after pronouncing the | ||||||
23 | sentence, other than
when the sentence is imposed for one of | ||||||
24 | the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, | ||||||
25 | shall include the following:
| ||||||
26 | "The purpose of this statement is to inform the public of |
| |||||||
| |||||||
1 | the actual period
of time this defendant is likely to spend in | ||||||
2 | prison as a result of this
sentence. The actual period of | ||||||
3 | prison time served is determined by the
statutes of Illinois | ||||||
4 | as applied to this sentence by the Illinois Department of
| ||||||
5 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
6 | case, assuming the defendant
receives all of his or her | ||||||
7 | sentence credit, the period of estimated actual
custody is ... | ||||||
8 | years and ... months, less up to 180 days additional earned | ||||||
9 | sentence credit. If the defendant, because of his or
her own | ||||||
10 | misconduct or failure to comply with the institutional | ||||||
11 | regulations,
does not receive those credits, the actual time | ||||||
12 | served in prison will be
longer. The defendant may also | ||||||
13 | receive an additional one-half day sentence
credit for each | ||||||
14 | day of participation in vocational, industry, substance abuse,
| ||||||
15 | and educational programs as provided for by Illinois statute."
| ||||||
16 | When the sentence is imposed for one of the offenses | ||||||
17 | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | ||||||
18 | first degree murder, and the offense was
committed on or after | ||||||
19 | June 19, 1998, and when the sentence is imposed for
reckless | ||||||
20 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
21 | Criminal
Code of 1961 or the Criminal Code of 2012 if the | ||||||
22 | offense was committed on or after January 1, 1999,
and when the | ||||||
23 | sentence is imposed for aggravated driving under the influence
| ||||||
24 | of alcohol, other drug or drugs, or intoxicating compound or | ||||||
25 | compounds, or
any combination thereof as defined in | ||||||
26 | subparagraph (F) of paragraph (1) of
subsection (d) of Section |
| |||||||
| |||||||
1 | 11-501 of the Illinois Vehicle Code, and when
the sentence is | ||||||
2 | imposed for aggravated arson if the offense was committed
on | ||||||
3 | or after July 27, 2001 (the effective date of Public Act | ||||||
4 | 92-176), and when
the sentence is imposed for aggravated | ||||||
5 | driving under the influence of alcohol,
other drug or drugs, | ||||||
6 | or intoxicating compound or compounds, or any combination
| ||||||
7 | thereof as defined in subparagraph (C) of paragraph (1) of | ||||||
8 | subsection (d) of
Section 11-501 of the Illinois Vehicle Code | ||||||
9 | committed on or after January 1, 2011 (the effective date of | ||||||
10 | Public Act 96-1230), the judge's
statement, to be given after | ||||||
11 | pronouncing the sentence, shall include the
following:
| ||||||
12 | "The purpose of this statement is to inform the public of | ||||||
13 | the actual period
of time this defendant is likely to spend in | ||||||
14 | prison as a result of this
sentence. The actual period of | ||||||
15 | prison time served is determined by the
statutes of Illinois | ||||||
16 | as applied to this sentence by the Illinois Department of
| ||||||
17 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
18 | case,
the defendant is entitled to no more than 4 1/2 days of | ||||||
19 | sentence credit for
each month of his or her sentence of | ||||||
20 | imprisonment. Therefore, this defendant
will serve at least | ||||||
21 | 85% of his or her sentence. Assuming the defendant
receives 4 | ||||||
22 | 1/2 days credit for each month of his or her sentence, the | ||||||
23 | period
of estimated actual custody is ... years and ... | ||||||
24 | months. If the defendant,
because of his or her own misconduct | ||||||
25 | or failure to comply with the
institutional regulations | ||||||
26 | receives lesser credit, the actual time served in
prison will |
| |||||||
| |||||||
1 | be longer."
| ||||||
2 | When a sentence of imprisonment is imposed for first | ||||||
3 | degree murder and
the offense was committed on or after June | ||||||
4 | 19, 1998, the judge's statement,
to be given after pronouncing | ||||||
5 | the sentence, shall include the following:
| ||||||
6 | "The purpose of this statement is to inform the public of | ||||||
7 | the actual period
of time this defendant is likely to spend in | ||||||
8 | prison as a result of this
sentence. The actual period of | ||||||
9 | prison time served is determined by the
statutes of Illinois | ||||||
10 | as applied to this sentence by the Illinois Department
of | ||||||
11 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
12 | case, the
defendant is not entitled to sentence credit. | ||||||
13 | Therefore, this defendant
will serve 100% of his or her | ||||||
14 | sentence."
| ||||||
15 | When the sentencing order recommends placement in a | ||||||
16 | substance abuse program for any offense that results in | ||||||
17 | incarceration
in a Department of Corrections facility and the | ||||||
18 | crime was
committed on or after September 1, 2003 (the | ||||||
19 | effective date of Public Act
93-354), the judge's
statement, | ||||||
20 | in addition to any other judge's statement required under this
| ||||||
21 | Section, to be given after pronouncing the sentence, shall | ||||||
22 | include the
following:
| ||||||
23 | "The purpose of this statement is to inform the public of
| ||||||
24 | the actual period of time this defendant is likely to spend in
| ||||||
25 | prison as a result of this sentence. The actual period of
| ||||||
26 | prison time served is determined by the statutes of Illinois |
| |||||||
| |||||||
1 | as
applied to this sentence by the Illinois Department of
| ||||||
2 | Corrections and the Illinois Prisoner Review Board. In this
| ||||||
3 | case, the defendant shall receive no earned sentence credit | ||||||
4 | under clause (3) of subsection (a) of Section 3-6-3 until he or
| ||||||
5 | she participates in and completes a substance abuse treatment | ||||||
6 | program or receives a waiver from the Director of Corrections | ||||||
7 | pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
| ||||||
8 | (c-4) Before the sentencing hearing and as part of the | ||||||
9 | presentence investigation under Section 5-3-1, the court shall | ||||||
10 | inquire of the defendant whether the defendant is currently | ||||||
11 | serving in or is a veteran of the Armed Forces of the United | ||||||
12 | States.
If the defendant is currently serving in the Armed | ||||||
13 | Forces of the United States or is a veteran of the Armed Forces | ||||||
14 | of the United States and has been diagnosed as having a mental | ||||||
15 | illness by a qualified psychiatrist or clinical psychologist | ||||||
16 | or physician, the court may: | ||||||
17 | (1) order that the officer preparing the presentence | ||||||
18 | report consult with the United States Department of | ||||||
19 | Veterans Affairs, Illinois Department of Veterans' | ||||||
20 | Affairs, or another agency or person with suitable | ||||||
21 | knowledge or experience for the purpose of providing the | ||||||
22 | court with information regarding treatment options | ||||||
23 | available to the defendant, including federal, State, and | ||||||
24 | local programming; and | ||||||
25 | (2) consider the treatment recommendations of any | ||||||
26 | diagnosing or treating mental health professionals |
| |||||||
| |||||||
1 | together with the treatment options available to the | ||||||
2 | defendant in imposing sentence. | ||||||
3 | For the purposes of this subsection (c-4), "qualified | ||||||
4 | psychiatrist" means a reputable physician licensed in Illinois | ||||||
5 | to practice medicine in all its branches, who has specialized | ||||||
6 | in the diagnosis and treatment of mental and nervous disorders | ||||||
7 | for a period of not less than 5 years. | ||||||
8 | (c-6) In imposing a sentence, the trial judge shall | ||||||
9 | specify, on the record, the particular evidence and other | ||||||
10 | reasons which led to his or her determination that a motor | ||||||
11 | vehicle was used in the commission of the offense. | ||||||
12 | (c-7) In imposing a sentence for a Class 3 or 4 felony, | ||||||
13 | other than a violent crime as defined in Section 3 of the | ||||||
14 | Rights of Crime Victims and Witnesses Act, the court shall | ||||||
15 | determine and indicate in the sentencing order whether the | ||||||
16 | defendant has 4 or more or fewer than 4 months remaining on his | ||||||
17 | or her sentence accounting for time served. | ||||||
18 | (d) When the defendant is committed to the Department of
| ||||||
19 | Corrections, the State's Attorney shall and counsel for the | ||||||
20 | defendant
may file a statement with the clerk of the court to | ||||||
21 | be transmitted to
the department, agency or institution to | ||||||
22 | which the defendant is
committed to furnish such department, | ||||||
23 | agency or institution with the
facts and circumstances of the | ||||||
24 | offense for which the person was
committed together with all | ||||||
25 | other factual information accessible to them
in regard to the | ||||||
26 | person prior to his commitment relative to his habits,
|
| |||||||
| |||||||
1 | associates, disposition and reputation and any other facts and
| ||||||
2 | circumstances which may aid such department, agency or | ||||||
3 | institution
during its custody of such person. The clerk shall | ||||||
4 | within 10 days after
receiving any such statements transmit a | ||||||
5 | copy to such department, agency
or institution and a copy to | ||||||
6 | the other party, provided, however, that
this shall not be | ||||||
7 | cause for delay in conveying the person to the
department, | ||||||
8 | agency or institution to which he has been committed.
| ||||||
9 | (e) The clerk of the court shall transmit to the | ||||||
10 | department,
agency or institution, if any, to which the | ||||||
11 | defendant is committed, the
following:
| ||||||
12 | (1) the sentence imposed;
| ||||||
13 | (2) any statement by the court of the basis for | ||||||
14 | imposing the sentence;
| ||||||
15 | (3) any presentence reports;
| ||||||
16 | (3.5) any sex offender evaluations;
| ||||||
17 | (3.6) any substance abuse treatment eligibility | ||||||
18 | screening and assessment of the defendant by an agent | ||||||
19 | designated by the State of Illinois to provide assessment | ||||||
20 | services for the Illinois courts;
| ||||||
21 | (4) the number of days, if any, which the defendant | ||||||
22 | has been in
custody and for which he is entitled to credit | ||||||
23 | against the sentence,
which information shall be provided | ||||||
24 | to the clerk by the sheriff;
| ||||||
25 | (4.1) any finding of great bodily harm made by the | ||||||
26 | court with respect
to an offense enumerated in subsection |
| |||||||
| |||||||
1 | (c-1);
| ||||||
2 | (5) all statements filed under subsection (d) of this | ||||||
3 | Section;
| ||||||
4 | (6) any medical or mental health records or summaries | ||||||
5 | of the defendant;
| ||||||
6 | (7) the municipality where the arrest of the offender | ||||||
7 | or the commission
of the offense has occurred, where such | ||||||
8 | municipality has a population of
more than 25,000 persons;
| ||||||
9 | (8) all statements made and evidence offered under | ||||||
10 | paragraph (7) of
subsection (a) of this Section; and
| ||||||
11 | (9) all additional matters which the court directs the | ||||||
12 | clerk to
transmit.
| ||||||
13 | (f) In cases in which the court finds that a motor vehicle | ||||||
14 | was used in the commission of the offense for which the | ||||||
15 | defendant is being sentenced, the clerk of the court shall, | ||||||
16 | within 5 days thereafter, forward a report of such conviction | ||||||
17 | to the Secretary of State. | ||||||
18 | (Source: P.A. 100-961, eff. 1-1-19; 101-81, eff. 7-12-19; | ||||||
19 | 101-105, eff. 1-1-20; 101-652, Article 10, Section 10-281, | ||||||
20 | eff. 7-1-21; 101-652, Article 20, Section 20-5, eff. 7-1-21; | ||||||
21 | revised 11-22-21.) | ||||||
22 | (730 ILCS 5/5-4-3a) | ||||||
23 | Sec. 5-4-3a. DNA testing backlog accountability. | ||||||
24 | (a) On or before August 1 of each year, the Illinois State | ||||||
25 | Police shall report to the Governor and both houses of the |
| |||||||
| |||||||
1 | General Assembly the following information: | ||||||
2 | (1) the extent of the backlog of cases awaiting | ||||||
3 | testing or awaiting DNA analysis by the Illinois State | ||||||
4 | Police that Department , including , but not limited to , | ||||||
5 | those tests conducted under Section 5-4-3, as of June 30 | ||||||
6 | of the previous fiscal year, with the backlog being | ||||||
7 | defined as all cases awaiting forensic testing whether in | ||||||
8 | the physical custody of the Illinois State Police or in | ||||||
9 | the physical custody of local law enforcement, provided | ||||||
10 | that the Illinois State Police have written notice of any | ||||||
11 | evidence in the physical custody of local law enforcement | ||||||
12 | prior to June 1 of that year; and | ||||||
13 | (2) what measures have been and are being taken to | ||||||
14 | reduce that backlog and the estimated costs or | ||||||
15 | expenditures in doing so. | ||||||
16 | (b) The information reported under this Section shall be | ||||||
17 | made available to the public, at the time it is reported, on | ||||||
18 | the official website web site of the Illinois State Police.
| ||||||
19 | (c) Beginning January 1, 2016, the Illinois State Police | ||||||
20 | shall quarterly report on the status of the processing of | ||||||
21 | biology submitted to the Illinois State Police Laboratory for | ||||||
22 | analysis. The report shall be submitted to the Governor and | ||||||
23 | the General Assembly, and shall be posted on the Illinois | ||||||
24 | State Police website. The report shall include the following | ||||||
25 | for each Illinois State Police Laboratory location and any | ||||||
26 | laboratory to which the Illinois State Police has outsourced |
| |||||||
| |||||||
1 | evidence for testing: | ||||||
2 | (1) For biology submissions, report both total | ||||||
3 | assignment and sexual assault or abuse assignment (as | ||||||
4 | defined by the Sexual Assault Evidence Submission Act) | ||||||
5 | figures for: | ||||||
6 | (A) The number of assignments received in the | ||||||
7 | preceding quarter. | ||||||
8 | (B) The number of assignments completed in the | ||||||
9 | preceding quarter. | ||||||
10 | (C) The number of assignments awaiting waiting | ||||||
11 | analysis. | ||||||
12 | (D) The number of assignments sent for | ||||||
13 | outsourcing. | ||||||
14 | (E) The number of assignments awaiting waiting | ||||||
15 | analysis that were received within the past 30 days. | ||||||
16 | (F) The number of assignments awaiting waiting | ||||||
17 | analysis that were received 31 to 90 days prior. | ||||||
18 | (G) The number of assignments awaiting waiting | ||||||
19 | analysis that were received 91 to 180 days prior. | ||||||
20 | (H) The number of assignments awaiting waiting | ||||||
21 | analysis that were received 181 to 365 days prior. | ||||||
22 | (I) The number of assignments awaiting waiting | ||||||
23 | analysis that were received more than 365 days prior. | ||||||
24 | (J) (Blank). | ||||||
25 | (2) (Blank). | ||||||
26 | (3) For all other categories of testing (e.g., drug |
| |||||||
| |||||||
1 | chemistry, firearms/toolmark, footwear/tire track, latent | ||||||
2 | prints, toxicology, and trace chemistry analysis): | ||||||
3 | (A) The number of assignments received in the | ||||||
4 | preceding quarter. | ||||||
5 | (B) The number of assignments completed in the | ||||||
6 | preceding quarter. | ||||||
7 | (C) The number of assignments awaiting waiting | ||||||
8 | analysis. | ||||||
9 | (D) The number of cases entered in the National | ||||||
10 | Integrated Ballistic Information Network (NIBIN). | ||||||
11 | (E) The number of investigative leads developed | ||||||
12 | from National Integrated Ballistic Information Network | ||||||
13 | (NIBIN) analysis. | ||||||
14 | (4) For the Combined DNA Index System (CODIS), report | ||||||
15 | both total assignment and sexual assault or abuse | ||||||
16 | assignment (as defined by the Sexual Assault Evidence | ||||||
17 | Submission Act) figures for subparagraphs (D), (E), and | ||||||
18 | (F) of this paragraph (4): | ||||||
19 | (A) The number of new offender samples received in | ||||||
20 | the preceding quarter. | ||||||
21 | (B) The number of offender samples uploaded to | ||||||
22 | CODIS in the preceding quarter. | ||||||
23 | (C) The number of offender samples awaiting | ||||||
24 | analysis. | ||||||
25 | (D) The number of unknown DNA case profiles | ||||||
26 | uploaded to CODIS in the preceding quarter. |
| |||||||
| |||||||
1 | (E) The number of CODIS hits in the preceding | ||||||
2 | quarter. | ||||||
3 | (F) The number of forensic evidence submissions | ||||||
4 | submitted to confirm a previously reported CODIS hit. | ||||||
5 | (5) For each category of testing, report the number of | ||||||
6 | trained forensic scientists and the number of forensic | ||||||
7 | scientists in training. | ||||||
8 | As used in this subsection (c), "completed" means | ||||||
9 | completion of both the analysis of the evidence and the | ||||||
10 | provision of the results to the submitting law enforcement | ||||||
11 | agency. | ||||||
12 | (d) The provisions of this subsection (d), other than this | ||||||
13 | sentence, are inoperative on and after January 1, 2019 or 2 | ||||||
14 | years after the effective date of this amendatory Act of the | ||||||
15 | 99th General Assembly, whichever is later. In consultation | ||||||
16 | with and subject to the approval of the Chief Procurement | ||||||
17 | Officer, the Illinois State Police may obtain contracts for | ||||||
18 | services, commodities, and equipment to assist in the timely | ||||||
19 | completion of biology, drug chemistry, firearms/toolmark, | ||||||
20 | footwear/tire track, latent prints, toxicology, microscopy, | ||||||
21 | trace chemistry, and Combined DNA Index System (CODIS) | ||||||
22 | analysis. Contracts to support the delivery of timely forensic | ||||||
23 | science services are not subject to the provisions of the | ||||||
24 | Illinois Procurement Code, except for Sections 20-60, 20-65, | ||||||
25 | 20-70, and 20-160 and Article 50 of that Code, provided that | ||||||
26 | the Chief Procurement Officer may, in writing with |
| |||||||
| |||||||
1 | justification, waive any certification required under Article | ||||||
2 | 50 of the Illinois Procurement Code. For any contracts for | ||||||
3 | services which are currently provided by members of a | ||||||
4 | collective bargaining agreement, the applicable terms of the | ||||||
5 | collective bargaining agreement concerning subcontracting | ||||||
6 | shall be followed. | ||||||
7 | (Source: P.A. 102-237, eff. 1-1-22; 102-278, eff. 8-6-21; | ||||||
8 | 102-538, eff. 8-20-21; revised 10-15-21.)
| ||||||
9 | (730 ILCS 5/5-5-3)
| ||||||
10 | Sec. 5-5-3. Disposition.
| ||||||
11 | (a) (Blank).
| ||||||
12 | (b) (Blank).
| ||||||
13 | (c) (1) (Blank).
| ||||||
14 | (2) A period of probation, a term of periodic imprisonment | ||||||
15 | or
conditional discharge shall not be imposed for the | ||||||
16 | following offenses.
The court shall sentence the offender to | ||||||
17 | not less than the minimum term
of imprisonment set forth in | ||||||
18 | this Code for the following offenses, and
may order a fine or | ||||||
19 | restitution or both in conjunction with such term of
| ||||||
20 | imprisonment:
| ||||||
21 | (A) First degree murder where the death penalty is not | ||||||
22 | imposed.
| ||||||
23 | (B) Attempted first degree murder.
| ||||||
24 | (C) A Class X felony.
| ||||||
25 | (D) A violation of Section 401.1 or 407 of the
|
| |||||||
| |||||||
1 | Illinois Controlled Substances Act, or a violation of | ||||||
2 | subdivision (c)(1.5) of
Section 401 of that Act which | ||||||
3 | relates to more than 5 grams of a substance
containing | ||||||
4 | fentanyl or an analog thereof.
| ||||||
5 | (D-5) A violation of subdivision (c)(1) of
Section 401 | ||||||
6 | of the Illinois Controlled Substances Act which relates to | ||||||
7 | 3 or more grams of a substance
containing heroin or an | ||||||
8 | analog thereof. | ||||||
9 | (E) (Blank).
| ||||||
10 | (F) A Class 1 or greater felony if the offender had | ||||||
11 | been convicted
of a Class 1 or greater felony, including | ||||||
12 | any state or federal conviction for an offense that | ||||||
13 | contained, at the time it was committed, the same elements | ||||||
14 | as an offense now (the date of the offense committed after | ||||||
15 | the prior Class 1 or greater felony) classified as a Class | ||||||
16 | 1 or greater felony, within 10 years of the date on which | ||||||
17 | the
offender
committed the offense for which he or she is | ||||||
18 | being sentenced, except as
otherwise provided in Section | ||||||
19 | 40-10 of the Substance Use Disorder Act.
| ||||||
20 | (F-3) A Class 2 or greater felony sex offense or | ||||||
21 | felony firearm offense if the offender had been convicted | ||||||
22 | of a Class 2 or greater felony, including any state or | ||||||
23 | federal conviction for an offense that contained, at the | ||||||
24 | time it was committed, the same elements as an offense now | ||||||
25 | (the date of the offense committed after the prior Class 2 | ||||||
26 | or greater felony) classified as a Class 2 or greater |
| |||||||
| |||||||
1 | felony, within 10 years of the date on which the offender | ||||||
2 | committed the offense for which he or she is being | ||||||
3 | sentenced, except as otherwise provided in Section 40-10 | ||||||
4 | of the Substance Use Disorder Act. | ||||||
5 | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 | ||||||
6 | of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
7 | for which imprisonment is prescribed in those Sections. | ||||||
8 | (G) Residential burglary, except as otherwise provided | ||||||
9 | in Section 40-10
of the Substance Use Disorder Act.
| ||||||
10 | (H) Criminal sexual assault.
| ||||||
11 | (I) Aggravated battery of a senior citizen as | ||||||
12 | described in Section 12-4.6 or subdivision (a)(4) of | ||||||
13 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
14 | Criminal Code of 2012.
| ||||||
15 | (J) A forcible felony if the offense was related to | ||||||
16 | the activities of an
organized gang.
| ||||||
17 | Before July 1, 1994, for the purposes of this | ||||||
18 | paragraph, "organized
gang" means an association of 5 or | ||||||
19 | more persons, with an established hierarchy,
that | ||||||
20 | encourages members of the association to perpetrate crimes | ||||||
21 | or provides
support to the members of the association who | ||||||
22 | do commit crimes.
| ||||||
23 | Beginning July 1, 1994, for the purposes of this | ||||||
24 | paragraph,
"organized gang" has the meaning ascribed to it | ||||||
25 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
26 | Prevention Act.
|
| |||||||
| |||||||
1 | (K) Vehicular hijacking.
| ||||||
2 | (L) A second or subsequent conviction for the offense | ||||||
3 | of hate crime
when the underlying offense upon which the | ||||||
4 | hate crime is based is felony
aggravated
assault or felony | ||||||
5 | mob action.
| ||||||
6 | (M) A second or subsequent conviction for the offense | ||||||
7 | of institutional
vandalism if the damage to the property | ||||||
8 | exceeds $300.
| ||||||
9 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
10 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
11 | Identification Card Act.
| ||||||
12 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
13 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
14 | (P) A violation of paragraph (1), (2), (3), (4), (5), | ||||||
15 | or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
16 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
17 | (P-5) A violation of paragraph (6) of subsection (a) | ||||||
18 | of
Section 11-20.1 of the Criminal Code of 1961 or the
| ||||||
19 | Criminal Code of 2012 if the victim is a household or
| ||||||
20 | family member of the defendant. | ||||||
21 | (Q) A violation of subsection (b) or (b-5) of Section | ||||||
22 | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | ||||||
23 | Code of
1961 or the Criminal Code of 2012.
| ||||||
24 | (R) A violation of Section 24-3A of the Criminal Code | ||||||
25 | of
1961 or the Criminal Code of 2012.
| ||||||
26 | (S) (Blank).
|
| |||||||
| |||||||
1 | (T) (Blank).
| ||||||
2 | (U) A second or subsequent violation of Section 6-303 | ||||||
3 | of the Illinois Vehicle Code committed while his or her | ||||||
4 | driver's license, permit, or privilege was revoked because | ||||||
5 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
6 | or the Criminal Code of 2012, relating to the offense of | ||||||
7 | reckless homicide, or a similar provision of a law of | ||||||
8 | another state.
| ||||||
9 | (V)
A violation of paragraph (4) of subsection (c) of | ||||||
10 | Section 11-20.1B or paragraph (4) of subsection (c) of | ||||||
11 | Section 11-20.3 of the Criminal Code of 1961, or paragraph | ||||||
12 | (6) of subsection (a) of Section 11-20.1 of the Criminal | ||||||
13 | Code of 2012 when the victim is under 13 years of age and | ||||||
14 | the defendant has previously been convicted under the laws | ||||||
15 | of this State or any other state of the offense of child | ||||||
16 | pornography, aggravated child pornography, aggravated | ||||||
17 | criminal sexual abuse, aggravated criminal sexual assault, | ||||||
18 | predatory criminal sexual assault of a child, or any of | ||||||
19 | the offenses formerly known as rape, deviate sexual | ||||||
20 | assault, indecent liberties with a child, or aggravated | ||||||
21 | indecent liberties with a child where the victim was under | ||||||
22 | the age of 18 years or an offense that is substantially | ||||||
23 | equivalent to those offenses. | ||||||
24 | (W) A violation of Section 24-3.5 of the Criminal Code | ||||||
25 | of 1961 or the Criminal Code of 2012.
| ||||||
26 | (X) A violation of subsection (a) of Section 31-1a of |
| |||||||
| |||||||
1 | the Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
2 | (Y) A conviction for unlawful possession of a firearm | ||||||
3 | by a street gang member when the firearm was loaded or | ||||||
4 | contained firearm ammunition. | ||||||
5 | (Z) A Class 1 felony committed while he or she was | ||||||
6 | serving a term of probation or conditional discharge for a | ||||||
7 | felony. | ||||||
8 | (AA) Theft of property exceeding $500,000 and not | ||||||
9 | exceeding $1,000,000 in value. | ||||||
10 | (BB) Laundering of criminally derived property of a | ||||||
11 | value exceeding
$500,000. | ||||||
12 | (CC) Knowingly selling, offering for sale, holding for | ||||||
13 | sale, or using 2,000 or more counterfeit items or | ||||||
14 | counterfeit items having a retail value in the aggregate | ||||||
15 | of $500,000 or more. | ||||||
16 | (DD) A conviction for aggravated assault under | ||||||
17 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
18 | Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
19 | firearm is aimed toward the person against whom the | ||||||
20 | firearm is being used. | ||||||
21 | (EE) A conviction for a violation of paragraph (2) of | ||||||
22 | subsection (a) of Section 24-3B of the Criminal Code of | ||||||
23 | 2012. | ||||||
24 | (3) (Blank).
| ||||||
25 | (4) A minimum term of imprisonment of not less than 10
| ||||||
26 | consecutive days or 30 days of community service shall be |
| |||||||
| |||||||
1 | imposed for a
violation of paragraph (c) of Section 6-303 of | ||||||
2 | the Illinois Vehicle Code.
| ||||||
3 | (4.1) (Blank).
| ||||||
4 | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | ||||||
5 | this subsection (c), a
minimum of
100 hours of community | ||||||
6 | service shall be imposed for a second violation of
Section | ||||||
7 | 6-303
of the Illinois Vehicle Code.
| ||||||
8 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
9 | hours of community
service, as determined by the court, shall
| ||||||
10 | be imposed for a second violation of subsection (c) of Section | ||||||
11 | 6-303 of the
Illinois Vehicle Code.
| ||||||
12 | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | ||||||
13 | (4.9) of this
subsection (c), a
minimum term of imprisonment | ||||||
14 | of 30 days or 300 hours of community service, as
determined by | ||||||
15 | the court, shall
be imposed
for a third or subsequent | ||||||
16 | violation of Section 6-303 of the Illinois Vehicle
Code. The | ||||||
17 | court may give credit toward the fulfillment of community | ||||||
18 | service hours for participation in activities and treatment as | ||||||
19 | determined by court services.
| ||||||
20 | (4.5) A minimum term of imprisonment of 30 days
shall be | ||||||
21 | imposed for a third violation of subsection (c) of
Section | ||||||
22 | 6-303 of the Illinois Vehicle Code.
| ||||||
23 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
24 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
25 | shall be imposed for a
fourth or subsequent violation of | ||||||
26 | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
|
| |||||||
| |||||||
1 | (4.7) A minimum term of imprisonment of not less than 30 | ||||||
2 | consecutive days, or 300 hours of community service, shall be | ||||||
3 | imposed for a violation of subsection (a-5) of Section 6-303 | ||||||
4 | of the Illinois Vehicle Code, as provided in subsection (b-5) | ||||||
5 | of that Section.
| ||||||
6 | (4.8) A mandatory prison sentence shall be imposed for a | ||||||
7 | second violation of subsection (a-5) of Section 6-303 of the | ||||||
8 | Illinois Vehicle Code, as provided in subsection (c-5) of that | ||||||
9 | Section. The person's driving privileges shall be revoked for | ||||||
10 | a period of not less than 5 years from the date of his or her | ||||||
11 | release from prison.
| ||||||
12 | (4.9) A mandatory prison sentence of not less than 4 and | ||||||
13 | not more than 15 years shall be imposed for a third violation | ||||||
14 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||||||
15 | Code, as provided in subsection (d-2.5) of that Section. The | ||||||
16 | person's driving privileges shall be revoked for the remainder | ||||||
17 | of his or her life.
| ||||||
18 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
19 | shall be imposed, and the person shall be eligible for an | ||||||
20 | extended term sentence, for a fourth or subsequent violation | ||||||
21 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||||||
22 | Code, as provided in subsection (d-3.5) of that Section. The | ||||||
23 | person's driving privileges shall be revoked for the remainder | ||||||
24 | of his or her life.
| ||||||
25 | (5) The court may sentence a corporation or unincorporated
| ||||||
26 | association convicted of any offense to:
|
| |||||||
| |||||||
1 | (A) a period of conditional discharge;
| ||||||
2 | (B) a fine;
| ||||||
3 | (C) make restitution to the victim under Section 5-5-6 | ||||||
4 | of this Code.
| ||||||
5 | (5.1) In addition to any other penalties imposed, and | ||||||
6 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
7 | convicted of violating subsection (c) of Section 11-907 of the | ||||||
8 | Illinois
Vehicle Code shall have his or her driver's license, | ||||||
9 | permit, or privileges
suspended for at least 90 days but not | ||||||
10 | more than one year, if the violation
resulted in damage to the | ||||||
11 | property of another person.
| ||||||
12 | (5.2) In addition to any other penalties imposed, and | ||||||
13 | except as provided in paragraph (5.3), a person convicted
of | ||||||
14 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
15 | Vehicle Code
shall have his or her driver's license, permit, | ||||||
16 | or privileges suspended for at
least 180 days but not more than | ||||||
17 | 2 years, if the violation resulted in injury
to
another | ||||||
18 | person.
| ||||||
19 | (5.3) In addition to any other penalties imposed, a person | ||||||
20 | convicted of violating subsection (c) of Section
11-907 of the | ||||||
21 | Illinois Vehicle Code shall have his or her driver's license,
| ||||||
22 | permit, or privileges suspended for 2 years, if the violation | ||||||
23 | resulted in the
death of another person.
| ||||||
24 | (5.4) In addition to any other penalties imposed, a person | ||||||
25 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
26 | Code shall have his or her driver's license, permit, or |
| |||||||
| |||||||
1 | privileges suspended for 3 months and until he or she has paid | ||||||
2 | a reinstatement fee of $100. | ||||||
3 | (5.5) In addition to any other penalties imposed, a person | ||||||
4 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
5 | Code during a period in which his or her driver's license, | ||||||
6 | permit, or privileges were suspended for a previous violation | ||||||
7 | of that Section shall have his or her driver's license, | ||||||
8 | permit, or privileges suspended for an additional 6 months | ||||||
9 | after the expiration of the original 3-month suspension and | ||||||
10 | until he or she has paid a reinstatement fee of $100.
| ||||||
11 | (6) (Blank).
| ||||||
12 | (7) (Blank).
| ||||||
13 | (8) (Blank).
| ||||||
14 | (9) A defendant convicted of a second or subsequent | ||||||
15 | offense of ritualized
abuse of a child may be sentenced to a | ||||||
16 | term of natural life imprisonment.
| ||||||
17 | (10) (Blank).
| ||||||
18 | (11) The court shall impose a minimum fine of $1,000 for a | ||||||
19 | first offense
and $2,000 for a second or subsequent offense | ||||||
20 | upon a person convicted of or
placed on supervision for | ||||||
21 | battery when the individual harmed was a sports
official or | ||||||
22 | coach at any level of competition and the act causing harm to | ||||||
23 | the
sports
official or coach occurred within an athletic | ||||||
24 | facility or within the immediate vicinity
of the athletic | ||||||
25 | facility at which the sports official or coach was an active
| ||||||
26 | participant
of the athletic contest held at the athletic |
| |||||||
| |||||||
1 | facility. For the purposes of
this paragraph (11), "sports | ||||||
2 | official" means a person at an athletic contest
who enforces | ||||||
3 | the rules of the contest, such as an umpire or referee; | ||||||
4 | "athletic facility" means an indoor or outdoor playing field | ||||||
5 | or recreational area where sports activities are conducted;
| ||||||
6 | and "coach" means a person recognized as a coach by the | ||||||
7 | sanctioning
authority that conducted the sporting event. | ||||||
8 | (12) A person may not receive a disposition of court | ||||||
9 | supervision for a
violation of Section 5-16 of the Boat | ||||||
10 | Registration and Safety Act if that
person has previously | ||||||
11 | received a disposition of court supervision for a
violation of | ||||||
12 | that Section.
| ||||||
13 | (13) A person convicted of or placed on court supervision | ||||||
14 | for an assault or aggravated assault when the victim and the | ||||||
15 | offender are family or household members as defined in Section | ||||||
16 | 103 of the Illinois Domestic Violence Act of 1986 or convicted | ||||||
17 | of domestic battery or aggravated domestic battery may be | ||||||
18 | required to attend a Partner Abuse Intervention Program under | ||||||
19 | protocols set forth by the Illinois Department of Human | ||||||
20 | Services under such terms and conditions imposed by the court. | ||||||
21 | The costs of such classes shall be paid by the offender.
| ||||||
22 | (d) In any case in which a sentence originally imposed is | ||||||
23 | vacated,
the case shall be remanded to the trial court. The | ||||||
24 | trial court shall
hold a hearing under Section 5-4-1 of this | ||||||
25 | Code
which may include evidence of the defendant's life, moral | ||||||
26 | character and
occupation during the time since the original |
| |||||||
| |||||||
1 | sentence was passed. The
trial court shall then impose | ||||||
2 | sentence upon the defendant. The trial
court may impose any | ||||||
3 | sentence which could have been imposed at the
original trial | ||||||
4 | subject to Section 5-5-4 of this Code.
If a sentence is vacated | ||||||
5 | on appeal or on collateral attack due to the
failure of the | ||||||
6 | trier of fact at trial to determine beyond a reasonable doubt
| ||||||
7 | the
existence of a fact (other than a prior conviction) | ||||||
8 | necessary to increase the
punishment for the offense beyond | ||||||
9 | the statutory maximum otherwise applicable,
either the | ||||||
10 | defendant may be re-sentenced to a term within the range | ||||||
11 | otherwise
provided or, if the State files notice of its | ||||||
12 | intention to again seek the
extended sentence, the defendant | ||||||
13 | shall be afforded a new trial.
| ||||||
14 | (e) In cases where prosecution for
aggravated criminal | ||||||
15 | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||||||
16 | Code of 1961 or the Criminal Code of 2012 results in conviction | ||||||
17 | of a defendant
who was a family member of the victim at the | ||||||
18 | time of the commission of the
offense, the court shall | ||||||
19 | consider the safety and welfare of the victim and
may impose a | ||||||
20 | sentence of probation only where:
| ||||||
21 | (1) the court finds (A) or (B) or both are | ||||||
22 | appropriate:
| ||||||
23 | (A) the defendant is willing to undergo a court | ||||||
24 | approved counseling
program for a minimum duration of | ||||||
25 | 2 years; or
| ||||||
26 | (B) the defendant is willing to participate in a |
| |||||||
| |||||||
1 | court approved plan ,
including , but not limited to , | ||||||
2 | the defendant's:
| ||||||
3 | (i) removal from the household;
| ||||||
4 | (ii) restricted contact with the victim;
| ||||||
5 | (iii) continued financial support of the | ||||||
6 | family;
| ||||||
7 | (iv) restitution for harm done to the victim; | ||||||
8 | and
| ||||||
9 | (v) compliance with any other measures that | ||||||
10 | the court may
deem appropriate; and
| ||||||
11 | (2) the court orders the defendant to pay for the | ||||||
12 | victim's counseling
services, to the extent that the court | ||||||
13 | finds, after considering the
defendant's income and | ||||||
14 | assets, that the defendant is financially capable of
| ||||||
15 | paying for such services, if the victim was under 18 years | ||||||
16 | of age at the
time the offense was committed and requires | ||||||
17 | counseling as a result of the
offense.
| ||||||
18 | Probation may be revoked or modified pursuant to Section | ||||||
19 | 5-6-4; except
where the court determines at the hearing that | ||||||
20 | the defendant violated a
condition of his or her probation | ||||||
21 | restricting contact with the victim or
other family members or | ||||||
22 | commits another offense with the victim or other
family | ||||||
23 | members, the court shall revoke the defendant's probation and
| ||||||
24 | impose a term of imprisonment.
| ||||||
25 | For the purposes of this Section, "family member" and | ||||||
26 | "victim" shall have
the meanings ascribed to them in Section |
| |||||||
| |||||||
1 | 11-0.1 of the Criminal Code of
2012.
| ||||||
2 | (f) (Blank).
| ||||||
3 | (g) Whenever a defendant is convicted of an offense under | ||||||
4 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||||||
5 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
6 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
7 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||||||
8 | 12-14.1, 12-15 , or 12-16 of the Criminal Code of 1961 or the | ||||||
9 | Criminal Code of 2012,
the defendant shall undergo medical | ||||||
10 | testing to
determine whether the defendant has any sexually | ||||||
11 | transmissible disease,
including a test for infection with | ||||||
12 | human immunodeficiency virus (HIV) or
any other identified | ||||||
13 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
14 | Any such medical test shall be performed only by appropriately
| ||||||
15 | licensed medical practitioners and may include an analysis of | ||||||
16 | any bodily
fluids as well as an examination of the defendant's | ||||||
17 | person.
Except as otherwise provided by law, the results of | ||||||
18 | such test shall be kept
strictly confidential by all medical | ||||||
19 | personnel involved in the testing and must
be personally | ||||||
20 | delivered in a sealed envelope to the judge of the court in | ||||||
21 | which
the conviction was entered for the judge's inspection in | ||||||
22 | camera. Acting in
accordance with the best interests of the | ||||||
23 | victim and the public, the judge
shall have the discretion to | ||||||
24 | determine to whom, if anyone, the results of the
testing may be | ||||||
25 | revealed. The court shall notify the defendant
of the test | ||||||
26 | results. The court shall
also notify the victim if requested |
| |||||||
| |||||||
1 | by the victim, and if the victim is under
the age of 15 and if | ||||||
2 | requested by the victim's parents or legal guardian, the
court | ||||||
3 | shall notify the victim's parents or legal guardian of the | ||||||
4 | test
results.
The court shall provide information on the | ||||||
5 | availability of HIV testing
and counseling at Department of | ||||||
6 | Public Health facilities to all parties to
whom the results of | ||||||
7 | the testing are revealed and shall direct the State's
Attorney | ||||||
8 | to provide the information to the victim when possible.
The | ||||||
9 | court shall order that the cost of any such test
shall be paid | ||||||
10 | by the county and may be taxed as costs against the convicted
| ||||||
11 | defendant.
| ||||||
12 | (g-5) When an inmate is tested for an airborne | ||||||
13 | communicable disease, as
determined by the Illinois Department | ||||||
14 | of Public Health , including , but not
limited to , tuberculosis, | ||||||
15 | the results of the test shall be
personally delivered by the | ||||||
16 | warden or his or her designee in a sealed envelope
to the judge | ||||||
17 | of the court in which the inmate must appear for the judge's
| ||||||
18 | inspection in camera if requested by the judge. Acting in | ||||||
19 | accordance with the
best interests of those in the courtroom, | ||||||
20 | the judge shall have the discretion
to determine what if any | ||||||
21 | precautions need to be taken to prevent transmission
of the | ||||||
22 | disease in the courtroom.
| ||||||
23 | (h) Whenever a defendant is convicted of an offense under | ||||||
24 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
25 | defendant shall undergo
medical testing to determine whether | ||||||
26 | the defendant has been exposed to human
immunodeficiency virus |
| |||||||
| |||||||
1 | (HIV) or any other identified causative agent of
acquired | ||||||
2 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
3 | by
law, the results of such test shall be kept strictly | ||||||
4 | confidential by all
medical personnel involved in the testing | ||||||
5 | and must be personally delivered in a
sealed envelope to the | ||||||
6 | judge of the court in which the conviction was entered
for the | ||||||
7 | judge's inspection in camera. Acting in accordance with the | ||||||
8 | best
interests of the public, the judge shall have the | ||||||
9 | discretion to determine to
whom, if anyone, the results of the | ||||||
10 | testing may be revealed. The court shall
notify the defendant | ||||||
11 | of a positive test showing an infection with the human
| ||||||
12 | immunodeficiency virus (HIV). The court shall provide | ||||||
13 | information on the
availability of HIV testing and counseling | ||||||
14 | at Department of Public Health
facilities to all parties to | ||||||
15 | whom the results of the testing are revealed and
shall direct | ||||||
16 | the State's Attorney to provide the information to the victim | ||||||
17 | when
possible. The court shall order that the cost of any
such | ||||||
18 | test shall be paid by the county and may be taxed as costs | ||||||
19 | against the
convicted defendant.
| ||||||
20 | (i) All fines and penalties imposed under this Section for | ||||||
21 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
22 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
23 | any violation
of the Child Passenger Protection Act, or a | ||||||
24 | similar provision of a local
ordinance, shall be collected and | ||||||
25 | disbursed by the circuit
clerk as provided under the Criminal | ||||||
26 | and Traffic Assessment Act.
|
| |||||||
| |||||||
1 | (j) In cases when prosecution for any violation of Section | ||||||
2 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||||||
3 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
4 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
5 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
6 | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | ||||||
7 | Code of 2012, any violation of the Illinois Controlled | ||||||
8 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
9 | any violation of the Methamphetamine Control and Community | ||||||
10 | Protection Act results in conviction, a
disposition of court | ||||||
11 | supervision, or an order of probation granted under
Section 10 | ||||||
12 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
13 | Controlled Substances Act, or Section 70 of the | ||||||
14 | Methamphetamine Control and Community Protection Act of a | ||||||
15 | defendant, the court shall determine whether the
defendant is | ||||||
16 | employed by a facility or center as defined under the Child | ||||||
17 | Care
Act of 1969, a public or private elementary or secondary | ||||||
18 | school, or otherwise
works with children under 18 years of age | ||||||
19 | on a daily basis. When a defendant
is so employed, the court | ||||||
20 | shall order the Clerk of the Court to send a copy of
the | ||||||
21 | judgment of conviction or order of supervision or probation to | ||||||
22 | the
defendant's employer by certified mail.
If the employer of | ||||||
23 | the defendant is a school, the Clerk of the Court shall
direct | ||||||
24 | the mailing of a copy of the judgment of conviction or order of
| ||||||
25 | supervision or probation to the appropriate regional | ||||||
26 | superintendent of schools.
The regional superintendent of |
| |||||||
| |||||||
1 | schools shall notify the State Board of
Education of any | ||||||
2 | notification under this subsection.
| ||||||
3 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
4 | of a felony and
who has not been previously convicted of a | ||||||
5 | misdemeanor or felony and who is
sentenced to a term of | ||||||
6 | imprisonment in the Illinois Department of Corrections
shall | ||||||
7 | as a condition of his or her sentence be required by the court | ||||||
8 | to attend
educational courses designed to prepare the | ||||||
9 | defendant for a high school diploma
and to work toward a high | ||||||
10 | school diploma or to work toward passing high school | ||||||
11 | equivalency testing or to work toward
completing a vocational | ||||||
12 | training program offered by the Department of
Corrections. If | ||||||
13 | a defendant fails to complete the educational training
| ||||||
14 | required by his or her sentence during the term of | ||||||
15 | incarceration, the Prisoner
Review Board shall, as a condition | ||||||
16 | of mandatory supervised release, require the
defendant, at his | ||||||
17 | or her own expense, to pursue a course of study toward a high
| ||||||
18 | school diploma or passage of high school equivalency testing. | ||||||
19 | The Prisoner Review Board shall
revoke the mandatory | ||||||
20 | supervised release of a defendant who wilfully fails to
comply | ||||||
21 | with this subsection (j-5) upon his or her release from | ||||||
22 | confinement in a
penal institution while serving a mandatory | ||||||
23 | supervised release term; however,
the inability of the | ||||||
24 | defendant after making a good faith effort to obtain
financial | ||||||
25 | aid or pay for the educational training shall not be deemed a | ||||||
26 | wilful
failure to comply. The Prisoner Review Board shall |
| |||||||
| |||||||
1 | recommit the defendant
whose mandatory supervised release term | ||||||
2 | has been revoked under this subsection
(j-5) as provided in | ||||||
3 | Section 3-3-9. This subsection (j-5) does not apply to a
| ||||||
4 | defendant who has a high school diploma or has successfully | ||||||
5 | passed high school equivalency testing. This subsection (j-5) | ||||||
6 | does not apply to a defendant who is determined by
the court to | ||||||
7 | be a person with a developmental disability or otherwise | ||||||
8 | mentally incapable of
completing the educational or vocational | ||||||
9 | program.
| ||||||
10 | (k) (Blank).
| ||||||
11 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
12 | (l), whenever a defendant,
who is an alien as defined by the | ||||||
13 | Immigration and Nationality Act, is convicted
of any felony or | ||||||
14 | misdemeanor offense, the court after sentencing the defendant
| ||||||
15 | may, upon motion of the State's Attorney, hold sentence in | ||||||
16 | abeyance and remand
the defendant to the custody of the | ||||||
17 | Attorney General of
the United States or his or her designated | ||||||
18 | agent to be deported when:
| ||||||
19 | (1) a final order of deportation has been issued | ||||||
20 | against the defendant
pursuant to proceedings under the | ||||||
21 | Immigration and Nationality Act, and
| ||||||
22 | (2) the deportation of the defendant would not | ||||||
23 | deprecate the seriousness
of the defendant's conduct and | ||||||
24 | would not be inconsistent with the ends of
justice.
| ||||||
25 | Otherwise, the defendant shall be sentenced as provided in | ||||||
26 | this Chapter V.
|
| |||||||
| |||||||
1 | (B) If the defendant has already been sentenced for a | ||||||
2 | felony or
misdemeanor
offense, or has been placed on probation | ||||||
3 | under Section 10 of the Cannabis
Control Act,
Section 410 of | ||||||
4 | the Illinois Controlled Substances Act, or Section 70 of the | ||||||
5 | Methamphetamine Control and Community Protection Act, the | ||||||
6 | court
may, upon motion of the State's Attorney to suspend the
| ||||||
7 | sentence imposed, commit the defendant to the custody of the | ||||||
8 | Attorney General
of the United States or his or her designated | ||||||
9 | agent when:
| ||||||
10 | (1) a final order of deportation has been issued | ||||||
11 | against the defendant
pursuant to proceedings under the | ||||||
12 | Immigration and Nationality Act, and
| ||||||
13 | (2) the deportation of the defendant would not | ||||||
14 | deprecate the seriousness
of the defendant's conduct and | ||||||
15 | would not be inconsistent with the ends of
justice.
| ||||||
16 | (C) This subsection (l) does not apply to offenders who | ||||||
17 | are subject to the
provisions of paragraph (2) of subsection | ||||||
18 | (a) of Section 3-6-3.
| ||||||
19 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
20 | sentenced under
this Section returns to the jurisdiction of | ||||||
21 | the United States, the defendant
shall be recommitted to the | ||||||
22 | custody of the county from which he or she was
sentenced.
| ||||||
23 | Thereafter, the defendant shall be brought before the | ||||||
24 | sentencing court, which
may impose any sentence that was | ||||||
25 | available under Section 5-5-3 at the time of
initial | ||||||
26 | sentencing. In addition, the defendant shall not be eligible |
| |||||||
| |||||||
1 | for
additional earned sentence credit as provided under
| ||||||
2 | Section 3-6-3.
| ||||||
3 | (m) A person convicted of criminal defacement of property | ||||||
4 | under Section
21-1.3 of the Criminal Code of 1961 or the | ||||||
5 | Criminal Code of 2012, in which the property damage exceeds | ||||||
6 | $300
and the property damaged is a school building, shall be | ||||||
7 | ordered to perform
community service that may include cleanup, | ||||||
8 | removal, or painting over the
defacement.
| ||||||
9 | (n) The court may sentence a person convicted of a | ||||||
10 | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||||||
11 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
12 | of 1961 or the Criminal Code of 2012 (i) to an impact
| ||||||
13 | incarceration program if the person is otherwise eligible for | ||||||
14 | that program
under Section 5-8-1.1, (ii) to community service, | ||||||
15 | or (iii) if the person has a substance use disorder, as defined
| ||||||
16 | in the Substance Use Disorder Act, to a treatment program
| ||||||
17 | licensed under that Act. | ||||||
18 | (o) Whenever a person is convicted of a sex offense as | ||||||
19 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
20 | defendant's driver's license or permit shall be subject to | ||||||
21 | renewal on an annual basis in accordance with the provisions | ||||||
22 | of license renewal established by the Secretary of State.
| ||||||
23 | (Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21; | ||||||
24 | 102-531, eff. 1-1-22; revised 10-12-21.)
| ||||||
25 | (730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
|
| |||||||
| |||||||
1 | Sec. 5-9-1.4. (a) "Crime laboratory" means any | ||||||
2 | not-for-profit
laboratory registered with the Drug Enforcement | ||||||
3 | Administration of the
United States Department of Justice, | ||||||
4 | substantially funded by a unit or
combination of units of | ||||||
5 | local government or the State of Illinois, which
regularly | ||||||
6 | employs at least one person engaged in the analysis
of | ||||||
7 | controlled substances, cannabis, methamphetamine, or steroids | ||||||
8 | for criminal justice
agencies in criminal matters and provides | ||||||
9 | testimony with respect to such
examinations.
| ||||||
10 | (b) (Blank).
| ||||||
11 | (c) In addition to any other disposition made pursuant to | ||||||
12 | the provisions
of the Juvenile Court Act of 1987, any minor | ||||||
13 | adjudicated delinquent for an
offense
which if committed by an | ||||||
14 | adult would constitute a violation of the Cannabis
Control | ||||||
15 | Act, the Illinois Controlled Substances Act, the | ||||||
16 | Methamphetamine Control and Community Protection Act, or the | ||||||
17 | Steroid Control
Act shall be required to pay a criminal | ||||||
18 | laboratory analysis assessment of $100
for each
adjudication.
| ||||||
19 | Upon verified petition of the minor, the court may suspend | ||||||
20 | payment of
all or part of the assessment if it finds that the | ||||||
21 | minor does not have the ability
to pay the assessment.
The | ||||||
22 | parent, guardian , or legal custodian of the minor may pay
some | ||||||
23 | or all of such assessment on the minor's behalf.
| ||||||
24 | (d) All criminal laboratory analysis fees provided for by | ||||||
25 | this Section shall
be collected by the clerk of the court and | ||||||
26 | forwarded to the appropriate
crime laboratory fund as provided |
| |||||||
| |||||||
1 | in subsection (f).
| ||||||
2 | (e) Crime laboratory funds shall be established as | ||||||
3 | follows:
| ||||||
4 | (1) Any unit of local government which maintains a | ||||||
5 | crime laboratory may
establish a crime laboratory fund | ||||||
6 | within the office of the county or municipal treasurer.
| ||||||
7 | (2) Any combination of units of local government which | ||||||
8 | maintains a crime
laboratory may establish a crime | ||||||
9 | laboratory fund within the office of the
treasurer of the | ||||||
10 | county where the crime laboratory is situated.
| ||||||
11 | (3) The State Crime Laboratory Fund is hereby
created | ||||||
12 | as a special fund in the State Treasury. Notwithstanding | ||||||
13 | any other provision of law to the contrary, and in | ||||||
14 | addition to any other transfers that may be provided by | ||||||
15 | law, on August 20, 2021 ( the effective date of Public Act | ||||||
16 | 102-505) this amendatory Act of the 102nd General | ||||||
17 | Assembly , or as soon thereafter as practical, the State | ||||||
18 | Comptroller shall direct and the State Treasurer shall | ||||||
19 | transfer the remaining balance from the State Offender DNA | ||||||
20 | Identification System
Fund into the State Crime Laboratory | ||||||
21 | Fund. Upon completion of the transfer, the State Offender | ||||||
22 | DNA Identification System
Fund is dissolved, and any | ||||||
23 | future deposits due to that Fund and any outstanding | ||||||
24 | obligations or liabilities of that Fund shall pass to the | ||||||
25 | State Crime Laboratory Fund.
| ||||||
26 | (f) The analysis assessment provided for in subsection (c) |
| |||||||
| |||||||
1 | of this
Section shall be forwarded to the office of the | ||||||
2 | treasurer of the unit of
local government that performed the | ||||||
3 | analysis if that unit of local
government has established a | ||||||
4 | crime laboratory fund, or to the State Crime
Laboratory Fund | ||||||
5 | if the analysis was performed by a laboratory operated by
the | ||||||
6 | Illinois State Police. If the analysis was performed by a | ||||||
7 | crime
laboratory funded by a combination of units of local | ||||||
8 | government, the
analysis assessment shall be forwarded to the | ||||||
9 | treasurer of the
county where the crime laboratory is situated | ||||||
10 | if a crime laboratory fund
has been established in that | ||||||
11 | county. If the unit of local government or
combination of | ||||||
12 | units of local government has not established a crime
| ||||||
13 | laboratory fund, then the analysis assessment shall be | ||||||
14 | forwarded to the State
Crime Laboratory Fund.
| ||||||
15 | (g) Moneys deposited into a crime laboratory fund created | ||||||
16 | pursuant to paragraph
paragraphs (1) or (2) of subsection (e) | ||||||
17 | of this Section shall be in
addition to any allocations made | ||||||
18 | pursuant to existing law and shall be
designated for the | ||||||
19 | exclusive use of the crime laboratory. These uses may
include, | ||||||
20 | but are not limited to, the following:
| ||||||
21 | (1) costs incurred in providing analysis for | ||||||
22 | controlled substances in
connection with criminal | ||||||
23 | investigations conducted within this State;
| ||||||
24 | (2) purchase and maintenance of equipment for use in | ||||||
25 | performing analyses; and
| ||||||
26 | (3) continuing education, training , and professional |
| |||||||
| |||||||
1 | development of
forensic
scientists regularly employed by | ||||||
2 | these laboratories.
| ||||||
3 | (h) Moneys deposited in the State Crime Laboratory Fund | ||||||
4 | created pursuant
to paragraph (3) of subsection (d) of this | ||||||
5 | Section shall be used by State
crime laboratories as | ||||||
6 | designated by the Director of the Illinois State Police. These
| ||||||
7 | funds shall be in addition to any allocations made pursuant to | ||||||
8 | existing law
and shall be designated for the exclusive use of | ||||||
9 | State crime laboratories or for the sexual assault evidence | ||||||
10 | tracking system created under Section 50 of the Sexual Assault | ||||||
11 | Evidence Submission Act.
These uses may include those | ||||||
12 | enumerated in subsection (g) of this Section.
| ||||||
13 | (Source: P.A. 101-377, eff. 8-16-19; 102-505, eff. 8-20-21; | ||||||
14 | 102-538, eff. 8-20-21; revised 10-12-21.)
| ||||||
15 | (730 ILCS 5/5-9-1.9)
| ||||||
16 | Sec. 5-9-1.9. DUI analysis fee.
| ||||||
17 | (a) "Crime laboratory" means a not-for-profit laboratory | ||||||
18 | substantially
funded by a single unit or combination of units | ||||||
19 | of local government or the
State of
Illinois that regularly | ||||||
20 | employs at least one person engaged in the DUI
analysis of | ||||||
21 | blood, other bodily substance, and urine for criminal justice | ||||||
22 | agencies in criminal matters
and provides testimony with | ||||||
23 | respect to such examinations.
| ||||||
24 | "DUI analysis" means an analysis of blood, other bodily | ||||||
25 | substance, or urine for purposes of
determining whether a |
| |||||||
| |||||||
1 | violation of Section 11-501 of the Illinois Vehicle Code
has | ||||||
2 | occurred.
| ||||||
3 | (b) (Blank).
| ||||||
4 | (c) In addition to any other disposition made under the | ||||||
5 | provisions of
the Juvenile Court Act of 1987, any minor | ||||||
6 | adjudicated delinquent for an offense
which if committed by an | ||||||
7 | adult would constitute a violation of Section 11-501
of the | ||||||
8 | Illinois Vehicle Code shall pay a crime laboratory DUI | ||||||
9 | analysis assessment
of $150 for each adjudication. Upon | ||||||
10 | verified petition of the minor, the
court may suspend payment | ||||||
11 | of all or part of the assessment if it finds
that the minor | ||||||
12 | does not have the ability to pay the assessment. The parent, | ||||||
13 | guardian,
or legal custodian of the minor may pay some or all | ||||||
14 | of the assessment on the minor's
behalf.
| ||||||
15 | (d) All crime laboratory DUI analysis assessments provided | ||||||
16 | for by this Section
shall
be collected by the clerk of the | ||||||
17 | court and forwarded to the appropriate crime
laboratory DUI | ||||||
18 | fund as provided in subsection (f).
| ||||||
19 | (e) Crime laboratory funds shall be established as | ||||||
20 | follows:
| ||||||
21 | (1) A unit of local government that maintains a crime | ||||||
22 | laboratory may
establish a crime laboratory DUI fund | ||||||
23 | within the office of the county or
municipal treasurer.
| ||||||
24 | (2) Any combination of units of local government that | ||||||
25 | maintains a crime
laboratory may establish a crime | ||||||
26 | laboratory DUI fund within the office of the
treasurer of |
| |||||||
| |||||||
1 | the county where the crime laboratory is situated.
| ||||||
2 | (3) (Blank).
| ||||||
3 | (f) The analysis assessment provided for in subsection (c) | ||||||
4 | of this Section
shall be forwarded to the office of the | ||||||
5 | treasurer of the unit of local
government that performed the | ||||||
6 | analysis if that unit of local government has
established a | ||||||
7 | crime laboratory DUI fund, or remitted to the State Treasurer | ||||||
8 | for deposit
into the State Crime Laboratory Fund if the | ||||||
9 | analysis was
performed by a
laboratory operated by the | ||||||
10 | Illinois State Police. If the analysis was
performed by a | ||||||
11 | crime laboratory funded by a combination of units of local
| ||||||
12 | government, the analysis assessment shall be forwarded to the | ||||||
13 | treasurer of the county
where the crime laboratory is situated | ||||||
14 | if a crime laboratory DUI fund has been
established in that | ||||||
15 | county. If the unit of local government or combination of
| ||||||
16 | units of local government has not established a crime | ||||||
17 | laboratory DUI fund, then
the analysis assessment shall be | ||||||
18 | remitted to the State Treasurer for deposit into
the State | ||||||
19 | Crime Laboratory Fund.
| ||||||
20 | (g) Moneys deposited into a crime laboratory DUI fund | ||||||
21 | created under
paragraphs (1) and (2) of subsection (e) of this | ||||||
22 | Section shall be in addition
to any allocations made pursuant | ||||||
23 | to existing law and shall be designated for
the exclusive use | ||||||
24 | of the crime laboratory. These uses may include, but are not
| ||||||
25 | limited to, the following:
| ||||||
26 | (1) Costs incurred in providing analysis for DUI |
| |||||||
| |||||||
1 | investigations conducted
within this State.
| ||||||
2 | (2) Purchase and maintenance of equipment for use in | ||||||
3 | performing analyses.
| ||||||
4 | (3) Continuing education, training, and professional | ||||||
5 | development of
forensic scientists regularly employed by | ||||||
6 | these laboratories.
| ||||||
7 | (h) Moneys deposited in the State Crime Laboratory Fund
| ||||||
8 | shall be used by
State crime laboratories as designated by the | ||||||
9 | Director of the Illinois State Police. These
funds shall be in | ||||||
10 | addition to any allocations made according to existing law
and | ||||||
11 | shall be designated for the exclusive use of State crime | ||||||
12 | laboratories.
These uses may include those enumerated in | ||||||
13 | subsection (g) of this Section. | ||||||
14 | (i) Notwithstanding any other provision of law to the | ||||||
15 | contrary and in addition to any other transfers that may be | ||||||
16 | provided by law, on June 17, 2021 ( the effective date of Public | ||||||
17 | Act 102-16) this amendatory Act of the 102nd General Assembly , | ||||||
18 | or as soon thereafter as practical, the State Comptroller | ||||||
19 | shall direct and the State Treasurer shall transfer the | ||||||
20 | remaining balance from the State Police DUI Fund into the | ||||||
21 | State Police Operations Assistance Fund. Upon completion of | ||||||
22 | the transfer, the State Police DUI Fund is dissolved, and any | ||||||
23 | future deposits due to that Fund and any outstanding | ||||||
24 | obligations or liabilities of that Fund shall pass to the | ||||||
25 | State Police Operations Assistance Fund.
| ||||||
26 | (Source: P.A. 102-16, eff. 6-17-21; 102-145, eff. 7-23-21; |
| |||||||
| |||||||
1 | 102-538, eff. 8-20-21; revised 10-20-21.)
| ||||||
2 | Section 660. The Sex Offender Community Notification Law | ||||||
3 | is amended by changing Section 121 as follows: | ||||||
4 | (730 ILCS 152/121) | ||||||
5 | Sec. 121. Notification regarding juvenile offenders. | ||||||
6 | (a) The Illinois State Police and any law enforcement | ||||||
7 | agency having
jurisdiction may, in the Illinois State Police's | ||||||
8 | Department's or agency's discretion, only provide
the
| ||||||
9 | information specified in subsection (b) of Section 120 of this | ||||||
10 | Act, with respect to an adjudicated
juvenile delinquent, to | ||||||
11 | any person when that person's safety may be compromised
for | ||||||
12 | some
reason related to the juvenile sex offender. | ||||||
13 | (b) The local law enforcement agency having jurisdiction | ||||||
14 | to register the juvenile sex offender shall ascertain from the | ||||||
15 | juvenile sex offender whether the juvenile sex offender is | ||||||
16 | enrolled in school; and if so, shall provide a copy of the sex | ||||||
17 | offender registration form only to the principal or chief | ||||||
18 | administrative officer of the school and any school counselor | ||||||
19 | designated by him or her. The registration form shall be kept | ||||||
20 | separately from any and all school records maintained on | ||||||
21 | behalf of the juvenile sex offender.
| ||||||
22 | (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; | ||||||
23 | revised 10-18-21.) |
| |||||||
| |||||||
1 | Section 665. The Murderer and Violent Offender Against | ||||||
2 | Youth Registration Act is amended by changing Sections 85, 95, | ||||||
3 | 100, and 105 as follows: | ||||||
4 | (730 ILCS 154/85) | ||||||
5 | Sec. 85. Murderer and Violent Offender Against Youth | ||||||
6 | Database. | ||||||
7 | (a) The Illinois State Police
shall establish and maintain | ||||||
8 | a Statewide Murderer and Violent Offender Against Youth | ||||||
9 | Database for
the
purpose of identifying violent offenders | ||||||
10 | against youth and making that information
available to the | ||||||
11 | persons specified in Section 95. The
Database shall be created | ||||||
12 | from the Law Enforcement Agencies Data System (LEADS)
| ||||||
13 | established under Section 6 of the Intergovernmental Missing | ||||||
14 | Child Recovery Act
of 1984. The Illinois State Police shall | ||||||
15 | examine its LEADS database for
persons registered as violent | ||||||
16 | offenders against youth under this Act and
shall identify | ||||||
17 | those who are violent offenders against youth and shall add | ||||||
18 | all the
information, including photographs if available, on | ||||||
19 | those violent offenders against youth to
the Statewide | ||||||
20 | Murderer and Violent Offender Against Youth
Database. | ||||||
21 | (b) The Illinois State Police must make the information | ||||||
22 | contained in
the
Statewide Murderer and Violent Offender | ||||||
23 | Against Youth Database accessible on the Internet by means of | ||||||
24 | a
hyperlink
labeled "Murderer and Violent Offender Against | ||||||
25 | Youth Information" on the Illinois State Police's Department's |
| |||||||
| |||||||
1 | World Wide Web home
page. The Illinois State Police must | ||||||
2 | update that information as it deems
necessary. | ||||||
3 | The Illinois State Police may require that a person who | ||||||
4 | seeks access to
the violent offender against youth
information | ||||||
5 | submit biographical information about himself or
herself | ||||||
6 | before
permitting access to the violent offender against youth | ||||||
7 | information. The Illinois State Police must promulgate rules
| ||||||
8 | in accordance with the Illinois Administrative Procedure
Act | ||||||
9 | to implement this
subsection
(b)
and those rules must include | ||||||
10 | procedures to ensure that the information in the
database is | ||||||
11 | accurate. | ||||||
12 | (c) The Illinois State Police must develop and conduct | ||||||
13 | training to educate all those entities involved in the | ||||||
14 | Murderer and Violent Offender Against Youth Registration | ||||||
15 | Program.
| ||||||
16 | (d) The Illinois State Police shall commence the duties | ||||||
17 | prescribed in the Murderer and Violent Offender Against Youth | ||||||
18 | Registration Act within 12 months after the effective date of | ||||||
19 | this Act.
| ||||||
20 | (e) The Illinois State Police shall collect and annually | ||||||
21 | report, on or before December 31 of each year, the following | ||||||
22 | information, making it publicly accessible on the Illinois | ||||||
23 | State Police website: | ||||||
24 | (1) the number of registrants; | ||||||
25 | (2) the number of registrants currently registered for | ||||||
26 | each offense requiring registration; and |
| |||||||
| |||||||
1 | (3) biographical data, such as age of the registrant, | ||||||
2 | race of the registrant, and age of the victim. | ||||||
3 | (Source: P.A. 102-538, eff. 8-20-21; revised 11-24-21.) | ||||||
4 | (730 ILCS 154/95)
| ||||||
5 | Sec. 95. Community notification of violent offenders | ||||||
6 | against youth. | ||||||
7 | (a) The sheriff of the county, except Cook County, shall | ||||||
8 | disclose to the
following the name, address, date of birth, | ||||||
9 | place of employment, school
attended, and offense
or | ||||||
10 | adjudication of all violent offenders against youth required | ||||||
11 | to register under Section 10 of
this Act:
| ||||||
12 | (1) The boards of institutions of higher education or | ||||||
13 | other appropriate
administrative offices of each nonpublic | ||||||
14 | non-public institution of higher education
located in the | ||||||
15 | county where the violent offender against youth is | ||||||
16 | required to register, resides,
is employed, or is | ||||||
17 | attending an institution of higher education; and
| ||||||
18 | (2) School boards of public school districts and the | ||||||
19 | principal or other
appropriate administrative officer of | ||||||
20 | each nonpublic school located in the
county where the | ||||||
21 | violent offender against youth is required to register or | ||||||
22 | is employed; and
| ||||||
23 | (3) Child care facilities located in the county
where | ||||||
24 | the violent offender against youth is required to register | ||||||
25 | or is employed; and |
| |||||||
| |||||||
1 | (4) Libraries located in the
county where the violent | ||||||
2 | offender against youth is required to register or is | ||||||
3 | employed. | ||||||
4 | (a-2) The sheriff of Cook County shall disclose to the | ||||||
5 | following the name,
address, date of birth, place of | ||||||
6 | employment, school attended, and offense
or
adjudication of
| ||||||
7 | all violent offenders against youth required to register under | ||||||
8 | Section 10 of this Act:
| ||||||
9 | (1) School boards of public school districts and the | ||||||
10 | principal or other
appropriate administrative officer of | ||||||
11 | each nonpublic school located within the
region of Cook | ||||||
12 | County, as those public school districts and nonpublic | ||||||
13 | schools
are identified in LEADS, other than the City of | ||||||
14 | Chicago, where the violent offender against youth
is | ||||||
15 | required to register or is employed; and
| ||||||
16 | (2) Child care facilities located within the region of | ||||||
17 | Cook
County, as those child care facilities are identified | ||||||
18 | in LEADS, other than
the City of Chicago, where the | ||||||
19 | violent offender against youth is required to register or | ||||||
20 | is
employed; and
| ||||||
21 | (3) The boards of institutions of higher education or | ||||||
22 | other appropriate
administrative offices of each nonpublic | ||||||
23 | non-public institution of higher education
located in the | ||||||
24 | county, other than the City of Chicago, where the violent | ||||||
25 | offender against youth
is required to register, resides, | ||||||
26 | is employed, or attending an institution
of
higher
|
| |||||||
| |||||||
1 | education; and | ||||||
2 | (4) Libraries
located in the county, other than the | ||||||
3 | City of Chicago, where the violent offender against youth
| ||||||
4 | is required to register, resides, is employed, or is | ||||||
5 | attending an institution
of
higher
education. | ||||||
6 | (a-3) The Chicago Police Department shall disclose to the | ||||||
7 | following the
name, address, date of birth, place of | ||||||
8 | employment, school attended, and
offense
or adjudication
of | ||||||
9 | all violent offenders against youth required to register under | ||||||
10 | Section 10 of this Act:
| ||||||
11 | (1) School boards of public school districts and the | ||||||
12 | principal or other
appropriate administrative officer of | ||||||
13 | each nonpublic school located in the
police district where | ||||||
14 | the violent offender against youth is required to register | ||||||
15 | or is
employed if the offender is required to register or | ||||||
16 | is employed in the
City of Chicago; and
| ||||||
17 | (2) Child care facilities located in the police | ||||||
18 | district where the
violent offender against youth is | ||||||
19 | required to register or is employed if the offender is
| ||||||
20 | required to register or is employed in the City of | ||||||
21 | Chicago; and
| ||||||
22 | (3) The boards of institutions of higher education or | ||||||
23 | other appropriate
administrative offices of each nonpublic | ||||||
24 | non-public institution of higher education
located in the | ||||||
25 | police district where the violent offender against youth | ||||||
26 | is required to register,
resides, is employed, or |
| |||||||
| |||||||
1 | attending an institution of higher education in the
City | ||||||
2 | of
Chicago; and | ||||||
3 | (4) Libraries located in the police district where the
| ||||||
4 | violent offender against youth is required to register or | ||||||
5 | is employed if the offender is
required to register or is | ||||||
6 | employed in the City of Chicago. | ||||||
7 | (a-4) The Illinois State Police shall provide a list of | ||||||
8 | violent offenders against youth
required to register to the | ||||||
9 | Illinois Department of Children and Family
Services. | ||||||
10 | (b) The Illinois State Police and any law enforcement | ||||||
11 | agency may
disclose, in the Illinois State Police's | ||||||
12 | Department's or agency's discretion, the following information
| ||||||
13 | to any person likely to encounter a violent offender against | ||||||
14 | youth:
| ||||||
15 | (1) The offender's name, address, and date of birth.
| ||||||
16 | (2) The offense for which the offender was convicted.
| ||||||
17 | (3) The offender's photograph or other such | ||||||
18 | information that will help
identify the violent offender | ||||||
19 | against youth.
| ||||||
20 | (4) Offender employment information, to protect public | ||||||
21 | safety. | ||||||
22 | (c) The name, address, date of birth, and offense or | ||||||
23 | adjudication for violent offenders against youth required to | ||||||
24 | register under Section 10 of this
Act shall be open to | ||||||
25 | inspection by the public as provided in this Section.
Every | ||||||
26 | municipal police department shall make available at its |
| |||||||
| |||||||
1 | headquarters
the information on all violent offenders against | ||||||
2 | youth who are required to register in the
municipality under | ||||||
3 | this Act. The sheriff shall
also make available at his or her | ||||||
4 | headquarters the information on all violent offenders against | ||||||
5 | youth who are required to register under this Act and who live | ||||||
6 | in
unincorporated areas of the county. Violent offender | ||||||
7 | against youth information must be made
available for public | ||||||
8 | inspection to any person, no later than 72 hours or 3
business | ||||||
9 | days from the date of the request.
The request must be made in | ||||||
10 | person, in writing, or by telephone.
Availability must include | ||||||
11 | giving the inquirer access to a
facility where the information | ||||||
12 | may be copied. A department or sheriff
may charge a fee, but | ||||||
13 | the fee may not exceed the actual costs of
copying the | ||||||
14 | information. An inquirer must be allowed to copy this | ||||||
15 | information
in his or her own handwriting. A department or | ||||||
16 | sheriff must allow access to
the information during normal | ||||||
17 | public working hours.
The sheriff or a municipal police | ||||||
18 | department may publish the
photographs of violent offenders | ||||||
19 | against youth where any victim was 13 years of age or younger
| ||||||
20 | and who are required to register in the municipality or county | ||||||
21 | under this Act in a newspaper or magazine of general | ||||||
22 | circulation in
the municipality or county or may disseminate | ||||||
23 | the photographs of those violent offenders against youth on | ||||||
24 | the Internet or on television. The law enforcement agency may
| ||||||
25 | make available the information on all violent offenders | ||||||
26 | against youth residing within any county. |
| |||||||
| |||||||
1 | (d) The Illinois State Police and any law enforcement | ||||||
2 | agency having
jurisdiction may, in the Illinois State Police's | ||||||
3 | Department's or agency's discretion, place the
information | ||||||
4 | specified in subsection (b) on the Internet or in
other media.
| ||||||
5 | (Source: P.A. 102-538, eff. 8-20-21; revised 11-24-21.) | ||||||
6 | (730 ILCS 154/100)
| ||||||
7 | Sec. 100. Notification regarding juvenile offenders. | ||||||
8 | (a) The Illinois State Police and any law enforcement | ||||||
9 | agency having
jurisdiction may, in the Illinois State Police's | ||||||
10 | Department's or agency's discretion, only provide
the
| ||||||
11 | information specified in subsection (b) of Section 95, with | ||||||
12 | respect to an adjudicated
juvenile delinquent, to any person | ||||||
13 | when that person's safety may be compromised
for some
reason | ||||||
14 | related to the juvenile violent offender against youth. | ||||||
15 | (b) The local law enforcement agency having jurisdiction | ||||||
16 | to register the juvenile violent offender against youth shall | ||||||
17 | ascertain from the juvenile violent offender against youth | ||||||
18 | whether the juvenile violent offender against youth is | ||||||
19 | enrolled in school; and if so, shall provide a copy of the | ||||||
20 | violent offender against youth registration form only to the | ||||||
21 | principal or chief administrative officer of the school and | ||||||
22 | any school counselor designated by him or her. The | ||||||
23 | registration form shall be kept separately from any and all | ||||||
24 | school records maintained on behalf of the juvenile violent | ||||||
25 | offender against youth.
|
| |||||||
| |||||||
1 | (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; | ||||||
2 | revised 10-20-21.) | ||||||
3 | (730 ILCS 154/105)
| ||||||
4 | Sec. 105. Special alerts. A law enforcement agency having | ||||||
5 | jurisdiction
may provide to the public a special alert list | ||||||
6 | warning parents to be aware that
violent offenders against | ||||||
7 | youth may attempt to contact children during holidays | ||||||
8 | involving
children, such as Halloween, Christmas, and Easter | ||||||
9 | and informing parents that
information containing the names | ||||||
10 | and addresses of registered violent offenders against youth
| ||||||
11 | are accessible on the Internet by means of a hyperlink labeled | ||||||
12 | "Violent Offender Against Youth
Information" on the Illinois | ||||||
13 | Department of State Police's World Wide Web home
page and are | ||||||
14 | available for public inspection at the agency's headquarters.
| ||||||
15 | (Source: P.A. 94-945, eff. 6-27-06; revised 11-24-21.) | ||||||
16 | Section 670. The No
Representation Without Population Act | ||||||
17 | is amended by changing Sections 2-1 and 2-10 as follows: | ||||||
18 | (730 ILCS 205/2-1)
| ||||||
19 | (This Section may contain text from a Public Act with a | ||||||
20 | delayed effective date ) | ||||||
21 | Sec. 2-1. Short title. This Article Act may be cited as the | ||||||
22 | No Representation Without Population Act. References in this | ||||||
23 | Article to "this Act" mean this Article.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-652, eff. 1-1-25; revised 12-2-21.) | ||||||
2 | (730 ILCS 205/2-10)
| ||||||
3 | Sec. 2-10. Reports to the State Board of Elections. | ||||||
4 | (a) Within 30 days after the effective date of this Act, | ||||||
5 | and thereafter, on or before May 1 of each year in which where | ||||||
6 | the federal decennial census is taken but in which the United | ||||||
7 | States Bureau of the Census allocates incarcerated persons as | ||||||
8 | residents of correctional facilities, the Department shall | ||||||
9 | deliver to the State Board of Elections the following | ||||||
10 | information: | ||||||
11 | (1) A unique identifier, not including the name or | ||||||
12 | Department-assigned inmate number, for each incarcerated | ||||||
13 | person subject to the jurisdiction of the Department on | ||||||
14 | the date for which the decennial census reports | ||||||
15 | population. The unique identifier shall enable the State | ||||||
16 | Board of Elections to address inquiries about specific | ||||||
17 | address records to the Department, without making it | ||||||
18 | possible for anyone outside of the Department to identify | ||||||
19 | the inmate to whom the address record pertains. | ||||||
20 | (2) The street address of the correctional facility | ||||||
21 | where the person was incarcerated at the time of the | ||||||
22 | report. | ||||||
23 | (3) The last known address of the person prior to | ||||||
24 | incarceration or other legal residence, if known. | ||||||
25 | (4) The person's race, whether the person is of |
| |||||||
| |||||||
1 | Hispanic or Latino origin, and whether the person is age | ||||||
2 | 18 or older, if known. | ||||||
3 | (5) Any additional information as the State Board of | ||||||
4 | Elections may request pursuant to law. | ||||||
5 | (b) The Department shall provide the information specified | ||||||
6 | in subsection (a) in the form that the State Board of Elections | ||||||
7 | shall specify. | ||||||
8 | (c) Notwithstanding any other provision of law, the | ||||||
9 | information required to be provided to the State Board of | ||||||
10 | Elections pursuant to this Section shall not include the name | ||||||
11 | of any incarcerated person and shall not allow for the | ||||||
12 | identification of any person therefrom, except to the | ||||||
13 | Department. The information shall be treated as confidential | ||||||
14 | and shall not be disclosed by the State Board of Elections | ||||||
15 | except as redistricting data aggregated by census block for | ||||||
16 | purposes specified in Section 2-20.
| ||||||
17 | (Source: P.A. 101-652, eff. 1-1-25; revised 12-2-21.) | ||||||
18 | Section 675. The Code of Civil Procedure is amended by | ||||||
19 | changing Sections 2-1401 and 21-103 as follows:
| ||||||
20 | (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
| ||||||
21 | Sec. 2-1401. Relief from judgments.
| ||||||
22 | (a) Relief from final orders and judgments, after 30 days | ||||||
23 | from the
entry thereof, may be had upon petition as provided in | ||||||
24 | this Section.
Writs of error coram nobis and coram vobis, |
| |||||||
| |||||||
1 | bills of review , and bills
in the nature of bills of review are | ||||||
2 | abolished. All relief heretofore
obtainable and the grounds | ||||||
3 | for such relief heretofore available,
whether by any of the | ||||||
4 | foregoing remedies or otherwise, shall be
available in every | ||||||
5 | case, by proceedings hereunder, regardless of the
nature of | ||||||
6 | the order or judgment from which relief is sought or of the
| ||||||
7 | proceedings in which it was entered. Except as provided in the | ||||||
8 | Illinois Parentage Act of 2015, there shall be no distinction
| ||||||
9 | between actions and other proceedings, statutory or otherwise, | ||||||
10 | as to
availability of relief, grounds for relief , or the | ||||||
11 | relief obtainable.
| ||||||
12 | (b) The petition must be filed in the same proceeding in | ||||||
13 | which the
order or judgment was entered but is not a | ||||||
14 | continuation thereof. The
petition must be supported by an | ||||||
15 | affidavit or other appropriate showing as
to matters not of | ||||||
16 | record. A petition to reopen a foreclosure proceeding must | ||||||
17 | include as parties to the petition, but is not limited to, all | ||||||
18 | parties in the original action in addition to the current | ||||||
19 | record title holders of the property, current occupants, and | ||||||
20 | any individual or entity that had a recorded interest in the | ||||||
21 | property before the filing of the petition. All parties to the | ||||||
22 | petition shall be notified
as provided by rule.
| ||||||
23 | (b-5) A movant may present a meritorious claim under this | ||||||
24 | Section if the allegations in the petition establish each of | ||||||
25 | the following by a preponderance of the evidence: | ||||||
26 | (1) the movant was convicted of a forcible felony; |
| |||||||
| |||||||
1 | (2) the movant's participation in the offense was | ||||||
2 | related to him or her previously having been a victim of | ||||||
3 | domestic violence as perpetrated by an intimate partner; | ||||||
4 | (3) no evidence of domestic violence against the | ||||||
5 | movant was presented at the movant's sentencing hearing; | ||||||
6 | (4) the movant was unaware of the mitigating nature of | ||||||
7 | the evidence of the domestic violence at the time of | ||||||
8 | sentencing and could not have learned of its significance | ||||||
9 | sooner through diligence; and | ||||||
10 | (5) the new evidence of domestic violence against the | ||||||
11 | movant is material and noncumulative to other evidence | ||||||
12 | offered at the sentencing hearing, and is of such a | ||||||
13 | conclusive character that it would likely change the | ||||||
14 | sentence imposed by the original trial court. | ||||||
15 | Nothing in this subsection (b-5) shall prevent a movant | ||||||
16 | from applying for any other relief under this Section or any | ||||||
17 | other law otherwise available to him or her. | ||||||
18 | As used in this subsection (b-5): | ||||||
19 | "Domestic violence" means abuse as defined in Section | ||||||
20 | 103
of the Illinois Domestic Violence Act of 1986. | ||||||
21 | "Forcible felony" has the meaning ascribed to the term | ||||||
22 | in
Section 2-8 of the Criminal Code of 2012. | ||||||
23 | "Intimate partner" means a spouse or former spouse, | ||||||
24 | persons
who have or allegedly have had a child in common, | ||||||
25 | or persons who
have or have had a dating or engagement | ||||||
26 | relationship. |
| |||||||
| |||||||
1 | (b-10) A movant may present a meritorious claim under this | ||||||
2 | Section if the allegations in the petition establish each of | ||||||
3 | the following by a preponderance of the evidence: | ||||||
4 | (A) she was convicted of a forcible felony; | ||||||
5 | (B) her participation in the offense was a direct | ||||||
6 | result of her suffering from post-partum depression or | ||||||
7 | post-partum psychosis; | ||||||
8 | (C) no evidence of post-partum depression or | ||||||
9 | post-partum psychosis was presented by a qualified medical | ||||||
10 | person at trial or sentencing, or both; | ||||||
11 | (D) she was unaware of the mitigating nature of the | ||||||
12 | evidence or, if aware, was at the time unable to present | ||||||
13 | this defense due to suffering from post-partum depression | ||||||
14 | or post-partum psychosis, or, at the time of trial or | ||||||
15 | sentencing, neither was a recognized mental illness and as | ||||||
16 | such, she was unable to receive proper treatment;
and | ||||||
17 | (E) evidence of post-partum depression or post-partum | ||||||
18 | psychosis as suffered by the person is material and | ||||||
19 | noncumulative to other evidence offered at the time of | ||||||
20 | trial or sentencing, and it is of such a conclusive | ||||||
21 | character that it would likely change the sentence imposed | ||||||
22 | by the original court. | ||||||
23 | Nothing in this subsection (b-10) prevents a person from | ||||||
24 | applying for any other relief under this Article or any other | ||||||
25 | law otherwise available to her. | ||||||
26 | As used in this subsection (b-10): |
| |||||||
| |||||||
1 | "Post-partum depression" means a mood disorder which | ||||||
2 | strikes many women during and after pregnancy and usually | ||||||
3 | occurs during pregnancy and up to 12 months after | ||||||
4 | delivery. This depression can include anxiety disorders. | ||||||
5 | "Post-partum psychosis" means an extreme form of | ||||||
6 | post-partum depression which can occur during pregnancy | ||||||
7 | and up to 12 months after delivery. This can include | ||||||
8 | losing touch with reality, distorted thinking, delusions, | ||||||
9 | auditory and visual hallucinations, paranoia, | ||||||
10 | hyperactivity and rapid speech, or mania. | ||||||
11 | (c) Except as provided in Section 20b of the Adoption Act | ||||||
12 | and Section
2-32 of the Juvenile Court Act of 1987 , or in a | ||||||
13 | petition based
upon Section 116-3 of the Code of Criminal | ||||||
14 | Procedure of 1963 or subsection (b-10) of this Section, or in a | ||||||
15 | motion to vacate and expunge convictions under the Cannabis | ||||||
16 | Control Act as provided by subsection (i) of Section 5.2 of the | ||||||
17 | Criminal Identification Act, the petition
must be filed not | ||||||
18 | later than 2 years after the entry of the order or judgment.
| ||||||
19 | Time during which the person seeking relief is under legal | ||||||
20 | disability or
duress or the ground for relief is fraudulently | ||||||
21 | concealed shall be excluded
in computing the period of 2 | ||||||
22 | years.
| ||||||
23 | (c-5) Any individual may at any time file a petition and | ||||||
24 | institute proceedings under this Section , if his or her final | ||||||
25 | order or judgment, which was entered based on a plea of guilty | ||||||
26 | or nolo contendere, has potential consequences under federal |
| |||||||
| |||||||
1 | immigration law. | ||||||
2 | (d) The filing of a petition under this Section does not | ||||||
3 | affect the
order or judgment, or suspend its operation.
| ||||||
4 | (e) Unless lack of jurisdiction affirmatively appears from | ||||||
5 | the
record proper, the vacation or modification of an order or | ||||||
6 | judgment
pursuant to the provisions of this Section does not | ||||||
7 | affect the right,
title , or interest in or to any real or | ||||||
8 | personal property of any person,
not a party to the original | ||||||
9 | action, acquired for value after the entry
of the order or | ||||||
10 | judgment but before the filing of the petition, nor
affect any | ||||||
11 | right of any person not a party to the original action under
| ||||||
12 | any certificate of sale issued before the filing of the | ||||||
13 | petition,
pursuant to a sale based on the order or judgment. | ||||||
14 | When a petition is filed pursuant to this Section to reopen a | ||||||
15 | foreclosure proceeding, notwithstanding the provisions of | ||||||
16 | Section 15-1701 of this Code, the purchaser or successor | ||||||
17 | purchaser of real property subject to a foreclosure sale who | ||||||
18 | was not a party to the mortgage foreclosure proceedings is | ||||||
19 | entitled to remain in possession of the property until the | ||||||
20 | foreclosure action is defeated or the previously foreclosed | ||||||
21 | defendant redeems from the foreclosure sale if the purchaser | ||||||
22 | has been in possession of the property for more than 6 months.
| ||||||
23 | (f) Nothing contained in this Section affects any existing | ||||||
24 | right to
relief from a void order or judgment, or to employ any | ||||||
25 | existing method
to procure that relief.
| ||||||
26 | (Source: P.A. 101-27, eff. 6-25-19; 101-411, eff. 8-16-19; |
| |||||||
| |||||||
1 | 102-639, eff. 8-27-21; revised 11-24-21.)
| ||||||
2 | (735 ILCS 5/21-103)
| ||||||
3 | (Text of Section before amendment by P.A. 101-652 ) | ||||||
4 | Sec. 21-103. Notice by publication.
| ||||||
5 | (a) Previous notice shall be given of the intended | ||||||
6 | application by
publishing a notice thereof in some newspaper | ||||||
7 | published in the municipality
in which the person resides if | ||||||
8 | the municipality is in a county with a
population under | ||||||
9 | 2,000,000, or if the person does not reside
in a municipality | ||||||
10 | in a county with a population under 2,000,000,
or if no | ||||||
11 | newspaper is published in the municipality or if the person | ||||||
12 | resides
in a county with a population of 2,000,000 or more, | ||||||
13 | then in some newspaper
published in the county where the | ||||||
14 | person resides, or if no newspaper
is published in that | ||||||
15 | county, then in some convenient newspaper published
in this | ||||||
16 | State. The notice shall be inserted for 3 consecutive weeks | ||||||
17 | after filing, the
first insertion to be at least 6 weeks before | ||||||
18 | the return day upon which
the petition is to be heard, and | ||||||
19 | shall be signed by the petitioner or, in
case of a minor, the | ||||||
20 | minor's parent or guardian, and shall set
forth the return day | ||||||
21 | of court on which the petition is to be heard and the
name | ||||||
22 | sought to be assumed.
| ||||||
23 | (b) The publication requirement of subsection (a) shall | ||||||
24 | not be
required in any application for a change of name | ||||||
25 | involving a minor if,
before making judgment under this |
| |||||||
| |||||||
1 | Article, reasonable notice and opportunity
to be heard is | ||||||
2 | given to any parent whose parental rights have not been
| ||||||
3 | previously terminated and to any person who has physical | ||||||
4 | custody of the
child. If any of these persons are outside this | ||||||
5 | State, notice and
opportunity to be heard shall be given under | ||||||
6 | Section 21-104.
| ||||||
7 | (b-3) The publication requirement of subsection (a) shall | ||||||
8 | not be required in any application for a change of name | ||||||
9 | involving a person who has received a judgment for dissolution | ||||||
10 | of marriage or declaration of invalidity of marriage and | ||||||
11 | wishes to change his or her name to resume the use of his or | ||||||
12 | her former or maiden name. | ||||||
13 | (b-5) Upon motion, the court may issue an order directing | ||||||
14 | that the notice and publication requirement be waived for a | ||||||
15 | change of name involving a person who files with the court a | ||||||
16 | written declaration that the person believes that publishing | ||||||
17 | notice of the name change would put the person at risk of | ||||||
18 | physical harm or discrimination. The person must provide | ||||||
19 | evidence to support the claim that publishing notice of the | ||||||
20 | name change would put the person at risk of physical harm or | ||||||
21 | discrimination. | ||||||
22 | (c) The Director of the Illinois State Police or his or her | ||||||
23 | designee may apply to the
circuit court
for an order directing | ||||||
24 | that the notice and publication requirements of
this Section | ||||||
25 | be waived if the Director or his or her designee certifies that
| ||||||
26 | the name change being sought is intended to protect a witness |
| |||||||
| |||||||
1 | during and
following a criminal investigation or proceeding.
| ||||||
2 | (c-1) The court may enter a written order waiving the | ||||||
3 | publication requirement of subsection (a) if: | ||||||
4 | (i) the petitioner is 18 years of age or older; and | ||||||
5 | (ii) concurrent with the petition, the petitioner | ||||||
6 | files with the court a statement, verified under oath as | ||||||
7 | provided under Section 1-109 of this Code, attesting that | ||||||
8 | the petitioner is or has been a person protected under the | ||||||
9 | Illinois Domestic Violence Act of 1986, the Stalking No | ||||||
10 | Contact Order Act, the Civil No Contact Order Act, Article | ||||||
11 | 112A of the Code of Criminal Procedure of 1963, a | ||||||
12 | condition of bail under subsections (b) through (d) of | ||||||
13 | Section 110-10 of the Code of Criminal Procedure of 1963, | ||||||
14 | or a similar provision of a law in another state or | ||||||
15 | jurisdiction. | ||||||
16 | The petitioner may attach to the statement any supporting | ||||||
17 | documents, including relevant court orders. | ||||||
18 | (c-2) If the petitioner files a statement attesting that | ||||||
19 | disclosure of the petitioner's address would put the | ||||||
20 | petitioner or any member of the petitioner's family or | ||||||
21 | household at risk or reveal the confidential address of a | ||||||
22 | shelter for domestic violence victims, that address may be | ||||||
23 | omitted from all documents filed with the court, and the | ||||||
24 | petitioner may designate an alternative address for service. | ||||||
25 | (c-3) Court administrators may allow domestic abuse | ||||||
26 | advocates, rape crisis advocates, and victim advocates to |
| |||||||
| |||||||
1 | assist petitioners in the preparation of name changes under | ||||||
2 | subsection (c-1). | ||||||
3 | (c-4) If the publication requirements of subsection (a) | ||||||
4 | have been waived, the circuit court shall enter an order | ||||||
5 | impounding the case. | ||||||
6 | (d) The maximum rate charged for publication of a notice | ||||||
7 | under this Section may not exceed the lowest classified rate | ||||||
8 | paid by commercial users for comparable space in the newspaper | ||||||
9 | in which the notice appears and shall include all cash | ||||||
10 | discounts, multiple insertion discounts, and similar benefits | ||||||
11 | extended to the newspaper's regular customers. | ||||||
12 | (Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20; | ||||||
13 | 102-538, eff. 8-20-21.) | ||||||
14 | (Text of Section after amendment by P.A. 101-652 )
| ||||||
15 | Sec. 21-103. Notice by publication.
| ||||||
16 | (a) Previous notice shall be given of the intended | ||||||
17 | application by
publishing a notice thereof in some newspaper | ||||||
18 | published in the municipality
in which the person resides if | ||||||
19 | the municipality is in a county with a
population under | ||||||
20 | 2,000,000, or if the person does not reside
in a municipality | ||||||
21 | in a county with a population under 2,000,000,
or if no | ||||||
22 | newspaper is published in the municipality or if the person | ||||||
23 | resides
in a county with a population of 2,000,000 or more, | ||||||
24 | then in some newspaper
published in the county where the | ||||||
25 | person resides, or if no newspaper
is published in that |
| |||||||
| |||||||
1 | county, then in some convenient newspaper published
in this | ||||||
2 | State. The notice shall be inserted for 3 consecutive weeks | ||||||
3 | after filing, the
first insertion to be at least 6 weeks before | ||||||
4 | the return day upon which
the petition is to be heard, and | ||||||
5 | shall be signed by the petitioner or, in
case of a minor, the | ||||||
6 | minor's parent or guardian, and shall set
forth the return day | ||||||
7 | of court on which the petition is to be heard and the
name | ||||||
8 | sought to be assumed.
| ||||||
9 | (b) The publication requirement of subsection (a) shall | ||||||
10 | not be
required in any application for a change of name | ||||||
11 | involving a minor if,
before making judgment under this | ||||||
12 | Article, reasonable notice and opportunity
to be heard is | ||||||
13 | given to any parent whose parental rights have not been
| ||||||
14 | previously terminated and to any person who has physical | ||||||
15 | custody of the
child. If any of these persons are outside this | ||||||
16 | State, notice and
opportunity to be heard shall be given under | ||||||
17 | Section 21-104.
| ||||||
18 | (b-3) The publication requirement of subsection (a) shall | ||||||
19 | not be required in any application for a change of name | ||||||
20 | involving a person who has received a judgment for dissolution | ||||||
21 | of marriage or declaration of invalidity of marriage and | ||||||
22 | wishes to change his or her name to resume the use of his or | ||||||
23 | her former or maiden name. | ||||||
24 | (b-5) Upon motion, the court may issue an order directing | ||||||
25 | that the notice and publication requirement be waived for a | ||||||
26 | change of name involving a person who files with the court a |
| |||||||
| |||||||
1 | written declaration that the person believes that publishing | ||||||
2 | notice of the name change would put the person at risk of | ||||||
3 | physical harm or discrimination. The person must provide | ||||||
4 | evidence to support the claim that publishing notice of the | ||||||
5 | name change would put the person at risk of physical harm or | ||||||
6 | discrimination. | ||||||
7 | (c) The Director of the Illinois State Police or his or her | ||||||
8 | designee may apply to the
circuit court
for an order directing | ||||||
9 | that the notice and publication requirements of
this Section | ||||||
10 | be waived if the Director or his or her designee certifies that
| ||||||
11 | the name change being sought is intended to protect a witness | ||||||
12 | during and
following a criminal investigation or proceeding.
| ||||||
13 | (c-1) The court may enter a written order waiving the | ||||||
14 | publication requirement of subsection (a) if: | ||||||
15 | (i) the petitioner is 18 years of age or older; and | ||||||
16 | (ii) concurrent with the petition, the petitioner | ||||||
17 | files with the court a statement, verified under oath as | ||||||
18 | provided under Section 1-109 of this Code, attesting that | ||||||
19 | the petitioner is or has been a person protected under the | ||||||
20 | Illinois Domestic Violence Act of 1986, the Stalking No | ||||||
21 | Contact Order Act, the Civil No Contact Order Act, Article | ||||||
22 | 112A of the Code of Criminal Procedure of 1963, a | ||||||
23 | condition of pretrial release under subsections (b) | ||||||
24 | through (d) of Section 110-10 of the Code of Criminal | ||||||
25 | Procedure of 1963, or a similar provision of a law in | ||||||
26 | another state or jurisdiction. |
| |||||||
| |||||||
1 | The petitioner may attach to the statement any supporting | ||||||
2 | documents, including relevant court orders. | ||||||
3 | (c-2) If the petitioner files a statement attesting that | ||||||
4 | disclosure of the petitioner's address would put the | ||||||
5 | petitioner or any member of the petitioner's family or | ||||||
6 | household at risk or reveal the confidential address of a | ||||||
7 | shelter for domestic violence victims, that address may be | ||||||
8 | omitted from all documents filed with the court, and the | ||||||
9 | petitioner may designate an alternative address for service. | ||||||
10 | (c-3) Court administrators may allow domestic abuse | ||||||
11 | advocates, rape crisis advocates, and victim advocates to | ||||||
12 | assist petitioners in the preparation of name changes under | ||||||
13 | subsection (c-1). | ||||||
14 | (c-4) If the publication requirements of subsection (a) | ||||||
15 | have been waived, the circuit court shall enter an order | ||||||
16 | impounding the case. | ||||||
17 | (d) The maximum rate charged for publication of a notice | ||||||
18 | under this Section may not exceed the lowest classified rate | ||||||
19 | paid by commercial users for comparable space in the newspaper | ||||||
20 | in which the notice appears and shall include all cash | ||||||
21 | discounts, multiple insertion discounts, and similar benefits | ||||||
22 | extended to the newspaper's regular customers. | ||||||
23 | (Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20; | ||||||
24 | 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; revised | ||||||
25 | 10-12-21.) |
| |||||||
| |||||||
1 | Section 680. The Eminent Domain Act is amended by setting | ||||||
2 | forth, renumbering, and changing multiple versions of Section | ||||||
3 | 25-5-80 as follows: | ||||||
4 | (735 ILCS 30/25-5-80) | ||||||
5 | (Section scheduled to be repealed on April 2, 2024) | ||||||
6 | Sec. 25-5-80. Quick-take; City of Woodstock; Madison | ||||||
7 | Street, South Street, and Lake Avenue. | ||||||
8 | (a) Quick-take proceedings under Article 20 may be used | ||||||
9 | for a period of no more than 2 years after April 2, 2021 ( the | ||||||
10 | effective date of Public Act 101-665) this amendatory Act of | ||||||
11 | the 101st General Assembly by Will County for the acquisition | ||||||
12 | of the following described property for the purpose of the | ||||||
13 | 80th Avenue Improvements project: | ||||||
14 | Route: 80th Avenue (CH 83) | ||||||
15 | Section: 06-00122-16-FB | ||||||
16 | County: Will | ||||||
17 | Job No.: R-55-001-97 | ||||||
18 | Parcel No.: 0001A
Station 76+09.95 To Station 80+90.00 | ||||||
19 | Index No.: 19-09-02-400-012 | ||||||
20 | Parcel 0001A | ||||||
21 | That part of the Southeast Quarter of the Southeast | ||||||
22 | Quarter of Section 2, all in Township
35 North, Range 12 |
| |||||||
| |||||||
1 | East of the Third Principal Meridian, in Will County, | ||||||
2 | Illinois, bearings
and distances based on the Illinois | ||||||
3 | Sate Plane Coordinate System, East Zone, NAD 83
(2011 | ||||||
4 | Adjustment) with a combined scale factor of 0.9999641157 | ||||||
5 | described as follows: | ||||||
6 | Commencing at the southeast corner of said Section 2; | ||||||
7 | thence North 01 degree 44 minutes
58 seconds West on the | ||||||
8 | east line of said Southeast Quarter, 69.28 feet to the | ||||||
9 | north right of
way line of 191st Street as described in | ||||||
10 | Document No. R94-114863; thence South 88
degrees 15 | ||||||
11 | minutes 02 seconds West, on said north right of way line, | ||||||
12 | 50.29 feet to the
west right of way line of 80th Avenue per | ||||||
13 | Document No. R66-13830, and to the Point of
Beginning; | ||||||
14 | thence continuing South 88 degrees 15 minutes 02 seconds | ||||||
15 | West, on said
north right of way line, 10.14 feet to an | ||||||
16 | angle point in said north right of way line; thence
South | ||||||
17 | 43 degrees 24 minutes 14 seconds West, on said north right | ||||||
18 | of way line, 27.67 feet
to an angle point in said north | ||||||
19 | right of way line; thence South 88 degrees 24 minutes 14
| ||||||
20 | seconds West, on said north right of way line, 1038.30 | ||||||
21 | feet; thence North 01 degree 36
minutes 18 seconds West, | ||||||
22 | 6.27 feet; thence North 87 degrees 57 minutes 50 seconds
| ||||||
23 | East, 930.35 feet to a point 63.00 feet North of, as | ||||||
24 | measured perpendicular to, the south
line of said | ||||||
25 | Southeast Quarter; thence North 50 degrees 35 minutes 39 |
| |||||||
| |||||||
1 | seconds East,
117.47 feet to the west line of the East | ||||||
2 | 95.00 feet of said Southeast Quarter; thence North
01 | ||||||
3 | degree 44 minutes 58 seconds West, on said west line, | ||||||
4 | 304.58 feet; thence North 88
degrees 15 minutes 28 seconds | ||||||
5 | East, 10.00 feet to the west line of the East 85.00 feet of
| ||||||
6 | said Southeast Quarter; thence North 01 degree 44 minutes | ||||||
7 | 58 seconds West, on said
west line, 90.00 feet; thence | ||||||
8 | North 88 degrees 15 minutes 26 seconds East, 20.89 feet to
| ||||||
9 | the west right of way line of 80th Avenue per Document No. | ||||||
10 | R66-13830; thence South 03
degrees 28 minutes 04 seconds | ||||||
11 | East, on said west right of way line, 460.75 feet to the
| ||||||
12 | Point of Beginning. | ||||||
13 | Said parcel containing 0.706 acre, more or less. | ||||||
14 | Route: 80th Avenue (CH 83) | ||||||
15 | Section: 06-00122-16-FP | ||||||
16 | County: Will | ||||||
17 | Job No.: R-55-001-97 | ||||||
18 | Parcel No.: 0001B
Station 88+00.00 To Station 88+89.62 | ||||||
19 | Index No.: 19-09-02-400-012 | ||||||
20 | Parcel 0001B | ||||||
21 | That part of the Southeast Quarter of the Southeast | ||||||
22 | Quarter of Section 2, all in Township
35 North, Range 12 |
| |||||||
| |||||||
1 | East of the Third Principal Meridian, in Will County, | ||||||
2 | Illinois, bearings
and distances based on the Illinois | ||||||
3 | Sate Plane Coordinate System, East Zone, NAD 83
(2011 | ||||||
4 | Adjustment) with a combined scale factor of 0.9999641157 | ||||||
5 | described as follows: | ||||||
6 | Beginning at the intersection of the north line of the | ||||||
7 | Southeast Quarter of said Southeast
Quarter with the west | ||||||
8 | right of way line of 80th Avenue per Document No. | ||||||
9 | R66-13830;
thence South 01 degree 44 minutes 58 seconds | ||||||
10 | East, on said west right of way line, 89.60
feet; thence | ||||||
11 | South 88 degrees 15 minutes 29 seconds West, 6.78 feet; | ||||||
12 | thence North 02
degrees 31 minutes 36 seconds West, 89.63 | ||||||
13 | feet to the north line of the Southeast Quarter
of said | ||||||
14 | Southeast Quarter; thence North 88 degrees 26 minutes 40 | ||||||
15 | seconds East, on said
north line, 8.00 feet to the Point of | ||||||
16 | Beginning. | ||||||
17 | Said parcel containing 0.015 acre, more or less. | ||||||
18 | Route: 80th Avenue (CH 83) | ||||||
19 | Section: 06-00122-16-FP | ||||||
20 | County: Will | ||||||
21 | Job No.: R-55-001-97 | ||||||
22 | Parcel No.: 0001TE-A
Station 88+00.00 To Station 88+89.64 | ||||||
23 | Index No.: 19-09-02-400-012 |
| |||||||
| |||||||
1 | Parcel 0001TE-A | ||||||
2 | That part of the Southeast Quarter of the Southeast | ||||||
3 | Quarter of Section 2, all in Township
35 North, Range 12 | ||||||
4 | East of the Third Principal Meridian, in Will County, | ||||||
5 | Illinois, bearings
and distances based on the Illinois | ||||||
6 | Sate Plane Coordinate System, East Zone, NAD 83
(2011 | ||||||
7 | Adjustment) with a combined scale factor of 0.9999641157 | ||||||
8 | described as follows: | ||||||
9 | Beginning at a point on the north line of the Southeast | ||||||
10 | Quarter of said Southeast Quarter
that is 88.00 feet West | ||||||
11 | of, the east line of said Southeast Quarter, as measured | ||||||
12 | on said
north line; thence South 02 degrees 31 minutes 36 | ||||||
13 | seconds East, 89.63 feet; thence South
88 degrees 15 | ||||||
14 | minutes 29 seconds West, 5.00 feet; thence North 02 | ||||||
15 | degrees 31 minutes
36 seconds West, 89.65 feet to the | ||||||
16 | north line of the Southeast Quarter of said Southeast
| ||||||
17 | Quarter; thence North 88 degrees 26 minutes 40 seconds | ||||||
18 | East, on said north line, 5.00
feet to the Point of | ||||||
19 | Beginning. | ||||||
20 | Said parcel containing 0.010 acre, more or less. | ||||||
21 | Route: 80th Avenue (CH 83) |
| |||||||
| |||||||
1 | Section: 06-00122-16-FP | ||||||
2 | County: Will | ||||||
3 | Job No.: R-55-001-97 | ||||||
4 | Parcel No.: 0001TE-B
Station 82+99.90 To Station 88+00.00 | ||||||
5 | Index No.: 19-09-02-400-012 | ||||||
6 | Parcel 0001TE-B | ||||||
7 | That part of the Southeast Quarter of the Southeast | ||||||
8 | Quarter of Section 2, all in Township
35 North, Range 12 | ||||||
9 | East of the Third Principal Meridian, in Will County, | ||||||
10 | Illinois, bearings
and distances based on the Illinois | ||||||
11 | Sate Plane Coordinate System, East Zone, NAD 83
(2011 | ||||||
12 | Adjustment) with a combined scale factor of 0.9999641157 | ||||||
13 | described as follows: | ||||||
14 | Commencing at the Southeast corner of said Section 2; | ||||||
15 | thence North 01 degree 44
minutes 58 seconds West, on the | ||||||
16 | east line of said Southeast Quarter, 69.28 feet to the
| ||||||
17 | north right of way line of 191st Street as described in | ||||||
18 | Document No. R94-114863; thence
South 88 degrees 15 | ||||||
19 | minutes 02 seconds West, on said north right of way line, | ||||||
20 | 50.29 feet
to the west right of way line of 80th Avenue per | ||||||
21 | Document No. R66-13830; thence North 03
degrees 28 minutes | ||||||
22 | 04 seconds West, on said west right of way line, 670.74 | ||||||
23 | feet to the
Point of Beginning; thence South 88 degrees 15 |
| |||||||
| |||||||
1 | minutes 02 seconds West, 9.59 feet;
thence North 02 | ||||||
2 | degrees 31 minutes 36 seconds West, 500.15 feet; thence | ||||||
3 | North 88
degrees 15 minutes 29 seconds East, 6.78 feet to | ||||||
4 | said west right of way line; thence South
01 degree 44 | ||||||
5 | minutes 58 seconds East, on said west right of way line, | ||||||
6 | 180.42 feet to an
angle point in said west right of way | ||||||
7 | line; thence South 03 degrees 28 minutes 04 seconds
East, | ||||||
8 | on said west right of way line, 319.82 feet to the Point of | ||||||
9 | Beginning. | ||||||
10 | Said parcel containing 0.074 acre, more or less. | ||||||
11 | Route: 80th Avenue (CH 83) | ||||||
12 | Section: 06-00122-16-FP | ||||||
13 | County: Will | ||||||
14 | Job No.: R-55-001-97 | ||||||
15 | Parcel No.: 0001TE-C
Station 76+91.56 To Station 81+34.98 | ||||||
16 | Index No.: 19-09-02-400-012 | ||||||
17 | Parcel 0001TE-C | ||||||
18 | That part of the Southeast Quarter of the Southeast | ||||||
19 | Quarter of Section 2, all in Township
35 North, Range 12 | ||||||
20 | East of the Third Principal Meridian, in Will County, | ||||||
21 | Illinois, bearings
and distances based on the Illinois | ||||||
22 | Sate Plane Coordinate System, East Zone, NAD 83
(2011 |
| |||||||
| |||||||
1 | Adjustment) with a combined scale factor of 0.9999641157 | ||||||
2 | described as follows: | ||||||
3 | Commencing at the Southeast corner of said Section 2; | ||||||
4 | thence North 01 degree 44
minutes 58 seconds West, on the | ||||||
5 | east line of said Southeast Quarter, 69.28 feet to the
| ||||||
6 | north right of way line of 191st Street as described in | ||||||
7 | Document No. R94-114863; thence
South 88 degrees 15 | ||||||
8 | minutes 02 seconds West, on said north right of way line, | ||||||
9 | 50.29 feet
to the west right of way line of 80th Avenue per | ||||||
10 | Document No. R66-13830; thence North 03
degrees 28 minutes | ||||||
11 | 04 seconds West, on said west right of way line, 460.75 | ||||||
12 | feet to the
Point of Beginning; thence South 88 degrees 15 | ||||||
13 | minutes 26 seconds West, 20.89 feet to
the west line of the | ||||||
14 | East 85.00 feet of said Southeast Quarter; thence South 01 | ||||||
15 | degree 44
minutes 58 seconds East, on said west line, | ||||||
16 | 90.00 feet; thence South 88 degrees 15
minutes 28 seconds | ||||||
17 | West, 10.00 feet to the west line of the East 95.00 feet of | ||||||
18 | said
Southeast Quarter; thence South 01 degree 44 minutes | ||||||
19 | 58 seconds East, on said west
line, 304.58 feet; thence | ||||||
20 | South 50 degrees 35 minutes 39 seconds West, 6.32 feet to | ||||||
21 | the
west line of the East 100.00 feet of said Southeast | ||||||
22 | Quarter; thence North 01 degree 44
minutes 58 seconds | ||||||
23 | West, on said west line, 313.44 feet; thence North 88 | ||||||
24 | degrees 15
minutes 28 seconds East, 10.00 feet to the west | ||||||
25 | line of the east 90.00 feet of said
Southeast Quarter; |
| |||||||
| |||||||
1 | thence North 01 degree 44 minutes 58 seconds West, on said | ||||||
2 | west
line, 96.19 feet; thence South 88 degrees 15 minutes | ||||||
3 | 35 seconds West, 9.50 feet to the
west line of the East | ||||||
4 | 99.50 feet of said Southeast Quarter; thence North 01 | ||||||
5 | degree 44
minutes 58 seconds West, on said west line, | ||||||
6 | 33.80 feet; thence North 88 degrees 15
minutes 25 seconds | ||||||
7 | East, 34.04 feet to the west right of way line of 80th | ||||||
8 | Avenue per
Document No. R66-13830; thence South 03 degrees | ||||||
9 | 28 minutes 04 seconds East, on said
west right of way line, | ||||||
10 | 45.00 feet to the Point of Beginning. | ||||||
11 | Said parcel containing 0.080 acre, more or less. | ||||||
12 | Route: 80th Avenue (CH 83) | ||||||
13 | Section: 06-00122-16-FP | ||||||
14 | County: Will | ||||||
15 | Job No.: R-55-001-97 | ||||||
16 | Parcel No.: 0002
Station 76+09.53 To Station 89+10.71 | ||||||
17 | Index No.: 19-09-01-300-024 | ||||||
18 | Parcel 0002 | ||||||
19 | That part of the Southwest Quarter of the Southwest | ||||||
20 | Quarter of Section 1, also 2/3rds of
an acre off the south | ||||||
21 | end of the Northwest Quarter of the Southwest Quarter of | ||||||
22 | Section 1,
Township 35 North, Range 12 East of the Third |
| |||||||
| |||||||
1 | Principal Meridian, in Will County, Illinois,
bearings and | ||||||
2 | distances based on the Illinois State Plane Coordinate | ||||||
3 | System, East Zone,
NAD 83 (2011 Adjustment) with a | ||||||
4 | combined scale factor of 0.9999641157 described as
| ||||||
5 | follows: | ||||||
6 | Commencing at the southwest corner of said Section 1; | ||||||
7 | thence North 01 degree 44
minutes 58 seconds West, on the | ||||||
8 | west line of said Southwest Quarter, 68.94 feet to the
| ||||||
9 | north right of way line of 191st Street as described in | ||||||
10 | Document No. R94-114861; thence
North 88 degrees 15 | ||||||
11 | minutes 02 seconds East, on said north right of way line, | ||||||
12 | 50.33 feet to
the east right of way line of 80th Avenue per | ||||||
13 | Document No. R66-13830, and to the Point of
Beginning; | ||||||
14 | thence North 00 degrees 15 minutes 19 seconds East, on | ||||||
15 | said east right of way
line, 991.07 feet to an angle point | ||||||
16 | in said east right of way line; thence North 01 degree 44
| ||||||
17 | minutes 58 seconds West, on said east right of way line, | ||||||
18 | 291.11 feet to the north line of the
South 2/3rd of an | ||||||
19 | acre, of the northwest quarter of said Southwest Quarter; | ||||||
20 | thence North 88
degrees 30 minutes 01 second East, on said | ||||||
21 | north line, 27.00 feet to the east line of the
West 112.00 | ||||||
22 | feet of said Southwest Quarter; thence South 01 degree 44 | ||||||
23 | minutes 58
seconds East, on said east line, 195.59 feet; | ||||||
24 | thence South 88 degrees 15 minutes 27
seconds West, 16.00 | ||||||
25 | feet to the east line of the West 96.00 feet of said |
| |||||||
| |||||||
1 | Southwest
Quarter; thence South 01 degree 44 minutes 58 | ||||||
2 | seconds East, on said east line, 240.00
feet; thence South | ||||||
3 | 88 degrees 15 minutes 27 seconds West, 5.00 feet to the | ||||||
4 | east line of
the West 91.00 feet of said Southwest | ||||||
5 | Quarter; thence South 01 degree 44 minutes 58
seconds | ||||||
6 | East, on said east line, 151.34 feet; thence South 88 | ||||||
7 | degrees 15 minutes 36
seconds West, 11.00 feet to the east | ||||||
8 | line of the West 80.00 feet of said Southwest
Quarter; | ||||||
9 | thence South 01 degree 44 minutes 58 seconds East, on said | ||||||
10 | east line, 323.66
feet; thence North 88 degrees 15 minutes | ||||||
11 | 29 seconds East, 5.00 feet to the east line of the
West | ||||||
12 | 85.00 feet of said Southwest Quarter; thence South 01 | ||||||
13 | degree 44 minutes 58
seconds East, on said east line, | ||||||
14 | 251.00 feet; thence North 88 degrees 15 minutes 08
seconds | ||||||
15 | East, 6.00 feet; thence South 24 degrees 56 minute 10 | ||||||
16 | seconds East, 124.46 feet
to the north line of the South | ||||||
17 | 75.00 feet of said Southwest Quarter; thence North 88
| ||||||
18 | degrees 29 minutes 57 seconds East, on said north line, | ||||||
19 | 376.67 feet; thence South 84
degrees 46 minutes 29 seconds | ||||||
20 | East, 183.57 feet to a point 53.50 feet North of, as
| ||||||
21 | measured perpendicular to, the south line of said | ||||||
22 | Southwest Quarter; thence South 01
degree 30 minutes 03 | ||||||
23 | seconds East, 2.85 feet to the north right of way line of | ||||||
24 | 191st Street
as described in Document No. R94-114861; | ||||||
25 | thence South 88 degrees 24 minutes 33 seconds West, on | ||||||
26 | said north right of way line, 618.63 feet to an angle point |
| |||||||
| |||||||
1 | in said north
right of way line; thence North 46 degrees 35 | ||||||
2 | minutes 28 seconds West, on said north right
of way line, | ||||||
3 | 27.66 feet to an angle point in said north right of way | ||||||
4 | line; thence South 88
degrees 15 minutes 02 seconds West, | ||||||
5 | on said north right of way line, 10.40 feet to the
Point of | ||||||
6 | Beginning. | ||||||
7 | Said parcel containing 0.951 acre, more or less. | ||||||
8 | Route: 80th Avenue (CH 83) | ||||||
9 | Section: 06-00122-16-FP | ||||||
10 | County: Will | ||||||
11 | Job No.: R-55-001-97 | ||||||
12 | Parcel No.: 0002TE-A
Station 77+49.00 To Station 81+30.94 | ||||||
13 | Index No.: 19-09-01-300-024 | ||||||
14 | Parcel 0002TE-A | ||||||
15 | That part of the Southwest Quarter of the Southwest | ||||||
16 | Quarter of Section 1, also 2/3rds of
an acre off the south | ||||||
17 | end of the Northwest Quarter of the Southwest Quarter of | ||||||
18 | Section 1,
Township 35 North, Range 12 East of the Third | ||||||
19 | Principal Meridian, in Will County, Illinois,
bearings and | ||||||
20 | distances based on the Illinois State Plane Coordinate | ||||||
21 | System, East Zone,
NAD 83 (2011 Adjustment) with a | ||||||
22 | combined scale factor of 0.9999641157 described as
|
| |||||||
| |||||||
1 | follows: | ||||||
2 | Commencing at the southwest corner of said Section 1; | ||||||
3 | thence North 01 degrees 44
minutes 58 seconds West, on the | ||||||
4 | west line of said Southwest Quarter, 68.94 feet to the
| ||||||
5 | north right of way line of 191st Street as described in | ||||||
6 | Document No. R94-114861; thence
North 88 degrees 15 | ||||||
7 | minutes 02 seconds East, on said north right of way line, | ||||||
8 | 50.33 feet to
the east right of way line of 80th Avenue per | ||||||
9 | Document No. R66-13830; thence North 00
degrees 15 minutes | ||||||
10 | 19 seconds East, on said east right of way line, 502.11 | ||||||
11 | feet; thence
North 88 degrees 15 minutes 36 seconds East, | ||||||
12 | 12.10 feet to the Point of Beginning; thence
continuing | ||||||
13 | North 88 degrees 15 minutes 36 seconds East, 11.00 feet to | ||||||
14 | the west line of the
East 91.00 feet of said Southwest | ||||||
15 | Quarter; thence South 01 degree 44 minutes 58
seconds | ||||||
16 | East, on said east line, 381.94 feet; thence South 88 | ||||||
17 | degrees 15 minutes 08
seconds West, 6.00 feet to the east | ||||||
18 | line of the West 85.00 feet of said Southwest Quarter;
| ||||||
19 | thence North 01 degree 44 minutes 58 seconds West, on said | ||||||
20 | east line, 251.00 feet;
thence South 88 degrees 15 minutes | ||||||
21 | 29 seconds West, 5.00 feet to the east line of the
West | ||||||
22 | 80.00 feet of said Southwest Quarter; thence North 01 | ||||||
23 | degree 44 minutes 58
seconds West, on said east line, | ||||||
24 | 130.94 feet to the Point of Beginning. |
| |||||||
| |||||||
1 | Said parcel containing 0.068 acre, more or less. | ||||||
2 | Route: 80th Avenue (CH 83) | ||||||
3 | Section: 06-00122-16-FP | ||||||
4 | County: Will | ||||||
5 | Job No.: R-55-001-97 | ||||||
6 | Parcel No.: 0002TE-B
Station 3023+00.64 To Station | ||||||
7 | 3025+99.98 | ||||||
8 | Index No.: 19-09-01-300-024 | ||||||
9 | Parcel 0002TE-B | ||||||
10 | That part of the Southwest Quarter of the Southwest | ||||||
11 | Quarter of Section 1, also 2/3rds of
an acre off the south | ||||||
12 | end of the Northwest Quarter of the Southwest Quarter of | ||||||
13 | Section 1,
Township 35 North, Range 12 East of the Third | ||||||
14 | Principal Meridian, in Will County, Illinois,
bearings and | ||||||
15 | distances based on the Illinois State Plane Coordinate | ||||||
16 | System, East Zone,
NAD 83 (2011 Adjustment) with a | ||||||
17 | combined scale factor of 0.9999641157 described as
| ||||||
18 | follows: | ||||||
19 | Commencing at the southwest corner of said Section 1; | ||||||
20 | thence North 88 degrees 29
minutes 57 seconds East, on the | ||||||
21 | south line of said Southwest Quarter, 698.65 feet; thence
| ||||||
22 | North 01 degree 30 minutes 03 seconds West, perpendicular |
| |||||||
| |||||||
1 | to said south line, 50.65 feet
to the north right of way | ||||||
2 | line of 191st Street as described in Document No. | ||||||
3 | R94-114861,
and to the Point of Beginning; thence | ||||||
4 | continuing North 01 degree 30 minutes 03 seconds
West, | ||||||
5 | 2.85 feet; thence North 88 degrees 13 minutes 47 seconds | ||||||
6 | East, 299.34 feet;
thence South 01 degree 30 minutes 03 | ||||||
7 | seconds East, 4.00 feet to the north right of way
line of | ||||||
8 | 191st Street per Document No. R2003-260494; thence South | ||||||
9 | 88 degrees 29 minutes
57 seconds West, on said north right | ||||||
10 | of way line, 133.46 feet to the west line of said
Document | ||||||
11 | No. R2003-260494; thence South 88 degrees 24 minutes 33 | ||||||
12 | seconds West, on
the north right of way line of 191st | ||||||
13 | Street per Document No. R94-114861, a distance of
165.89 | ||||||
14 | feet to the Point of Beginning. | ||||||
15 | Said parcel containing 0.023 acre, more or less. | ||||||
16 | Route: 80th Avenue (CH 83) | ||||||
17 | Section: 06-00122-16-FP | ||||||
18 | County: Will | ||||||
19 | Job No.: R-55-001-97 | ||||||
20 | Parcel No.: 0003
Station 88+89.50 To Station 91+36.65 | ||||||
21 | Index No.: 19-09-02-402-003 | ||||||
22 | Parcel 0003 |
| |||||||
| |||||||
1 | That part of Outlot A in 80th Avenue Industrial Center in | ||||||
2 | the east half of the Southeast
Quarter of Section 2, | ||||||
3 | Township 35 North, Range 12 East of the Third Principal | ||||||
4 | Meridian,
according to the plat thereof recorded May 27, | ||||||
5 | 1976 as Document No. R1976-015768,
Township of Frankfort, | ||||||
6 | Will County, Illinois, bearings and distances based on the | ||||||
7 | Illinois
Sate Plane Coordinate System, East Zone, NAD 83 | ||||||
8 | (2011 Adjustment) with a combined
scale factor of | ||||||
9 | 0.9999641157 described as follows: | ||||||
10 | Beginning at the southeast corner of said Outlot A; thence | ||||||
11 | South 88 degrees 26 minutes
40 seconds West, on the south | ||||||
12 | line of said Outlot A, 38.00 feet; thence North 22 degrees
| ||||||
13 | 20 minutes 14 seconds East, 66.16 feet to the west line of | ||||||
14 | the East 11.00 feet of said
Outlot A; thence North 01 | ||||||
15 | degree 44 minutes 58 seconds West, on said west line, | ||||||
16 | 159.51
feet to a point 27.00 feet South of, as measured | ||||||
17 | perpendicular to, the south right of way
line of 189th | ||||||
18 | Street; thence South 88 degrees 26 minutes 40 seconds | ||||||
19 | West, parallel with
said south right of way line, 39.00 | ||||||
20 | feet; thence North 01 degree 44 minutes 58 seconds
West, | ||||||
21 | parallel with the east line of said Outlot A, 27.00 feet to | ||||||
22 | the south right of way line of
189th Street; thence North | ||||||
23 | 88 degrees 26 minutes 40 seconds East, on said south right | ||||||
24 | of
way line, 50.00 feet to the east line of said Outlot A; | ||||||
25 | thence South 01 degree 44 minutes 58
seconds East, on said |
| |||||||
| |||||||
1 | east line, 246.99 feet to the Point of Beginning. | ||||||
2 | Said parcel containing 0.105 acre, more or less. | ||||||
3 | Route: 80th Avenue (CH 83) | ||||||
4 | Section: 06-00122-16-FP | ||||||
5 | County: Will | ||||||
6 | Job No.: R-55-001-97 | ||||||
7 | Parcel No.: 0003TE
Station 88+89.62 To Station 91+09.54 | ||||||
8 | Index No.: 19-09-02-402-003 | ||||||
9 | Parcel 0003TE | ||||||
10 | That part of Outlot A in 80th Avenue Industrial Center in | ||||||
11 | the east half of the Southeast
Quarter of Section 2, | ||||||
12 | Township 35 North, Range 12 East of the Third Principal | ||||||
13 | Meridian,
according to the plat thereof recorded May 27, | ||||||
14 | 1976 as Document No. R1976-015768,
Township of Frankfort, | ||||||
15 | Will County, Illinois, bearings and distances based on the | ||||||
16 | Illinois
Sate Plane Coordinate System, East Zone, NAD 83 | ||||||
17 | (2011 Adjustment) with a combined
scale factor of | ||||||
18 | 0.9999641157 described as follows: | ||||||
19 | Commencing at the southeast corner of said Outlot A; | ||||||
20 | thence South 88 degrees 26
minutes 40 seconds West, on the | ||||||
21 | south line of said Outlot A, 38.00 feet to the Point of
|
| |||||||
| |||||||
1 | Beginning; thence continuing South 88 degrees 26 minutes | ||||||
2 | 40 seconds West, on said
south line, 5.00 feet; thence | ||||||
3 | North 01 degrees 44 minutes 58 seconds West, parallel with
| ||||||
4 | the east line of said Outlot A, a distance of 60.49 feet; | ||||||
5 | thence North 88 degrees 26minutes
40 seconds East, 27.00 | ||||||
6 | feet to the west line of the East 16.00 feet of said Outlot | ||||||
7 | A; thence
North 01 degree 44 minutes 58 seconds West, on | ||||||
8 | said west line, 159.51 feet to a point
27.00 feet South of, | ||||||
9 | as measured perpendicular to, the south right of way line | ||||||
10 | of 189th
Street; thence North 88 degrees 26 minutes 40 | ||||||
11 | seconds East, parallel to said south right of
way line, | ||||||
12 | 5.00 feet to the west line of the East 11.00 feet of said | ||||||
13 | Outlot A; thence South 01
degree 44 minutes 58 seconds | ||||||
14 | East, on said west line, 159.51 feet; thence South 22
| ||||||
15 | degrees 20 minutes 14 seconds West, 66.16 feet to the | ||||||
16 | Point of Beginning. | ||||||
17 | Said parcel containing 0.044 acre, more or less. | ||||||
18 | Route: 80th Avenue (CH 83) | ||||||
19 | Section: 06-00122-16-FP | ||||||
20 | County: Will | ||||||
21 | Job No.: R-55-001-97 | ||||||
22 | Parcel No.: 0004A
Station 89+10.59 To Station 91+36.89 | ||||||
23 | Index No.: 19-09-01-301-001 | ||||||
24 | Parcel 0004A |
| |||||||
| |||||||
1 | That part of Lot 1 in Panduit Corp Planned Unit | ||||||
2 | Development Subdivision, being a
subdivision in part of | ||||||
3 | the Southwest Quarter of Section 1, Township 35 North, | ||||||
4 | Range 12
East of the Third Principal Meridian, according | ||||||
5 | to the plat thereof recorded August 31, 2012
as Document | ||||||
6 | No. R2012-096238, in Will County, Illinois, bearings and | ||||||
7 | distances based on
the Illinois Sate Plane Coordinate | ||||||
8 | System, East Zone, NAD 83 (2011 Adjustment) with a
| ||||||
9 | combined scale factor of 0.9999641157 described as | ||||||
10 | follows: | ||||||
11 | Beginning at the southwest corner of said lot; thence | ||||||
12 | North 01 degree 44 minutes 58
seconds West, on the west | ||||||
13 | line of said lot, 226.18 feet; thence North 88 degrees 15
| ||||||
14 | minutes 33 seconds East, 10.00 feet to the east line of the | ||||||
15 | West 10.00 feet of said lot;
thence South 01 degree 44 | ||||||
16 | minutes 58 seconds East, on said east line, 186.95 feet;
| ||||||
17 | thence North 88 degrees 15 minutes 28 seconds East, 17.00 | ||||||
18 | feet to the east line of the
West 27.00 feet of said lot; | ||||||
19 | thence South 01 degree 44 minutes 58 seconds East, on said
| ||||||
20 | east line, 39.35 feet to the south line of said lot; thence | ||||||
21 | South 88 degrees 30 minutes 01
second West, on said south | ||||||
22 | line, 27.00 feet to the Point of Beginning. | ||||||
23 | Said parcel containing 0.067 acre, more or less. |
| |||||||
| |||||||
1 | Route: 80th Avenue (CH 83) | ||||||
2 | Section: 06-00122-16-FP | ||||||
3 | County: Will | ||||||
4 | Job No.: R-55-001-97 | ||||||
5 | Parcel No.: 0004B
Station 92+15.00 To Station 99+94.90 | ||||||
6 | Index No.: 19-09-01-301-001 | ||||||
7 | Parcel 0004B | ||||||
8 | That part of Lot 1 in Panduit Corp Planned Unit | ||||||
9 | Development Subdivision, being a
subdivision in part of | ||||||
10 | the Southwest Quarter of Section 1, Township 35 North, | ||||||
11 | Range 12
East of the Third Principal Meridian, according | ||||||
12 | to the plat thereof recorded August 31, 2012
as Document | ||||||
13 | No. R2012-096238, in Will County, Illinois, bearings and | ||||||
14 | distances based on
the Illinois Sate Plane Coordinate | ||||||
15 | System, East Zone, NAD 83 (2011 Adjustment) with a
| ||||||
16 | combined scale factor of 0.9999641157 described as | ||||||
17 | follows: | ||||||
18 | Beginning at the northwest corner of said lot; thence | ||||||
19 | North 88 degrees 32 minutes 27
seconds East, on the north | ||||||
20 | line of said lot, 53.09 feet; thence South 02 degrees 19 | ||||||
21 | minutes
11 seconds West, 586.19 feet to a point 20.00 feet | ||||||
22 | East of, as measured perpendicular to,
the west line of |
| |||||||
| |||||||
1 | said lot; thence South 88 degrees 15 minutes 02 seconds | ||||||
2 | West, 11.00 feet
to the east line of the West 9.00 feet of | ||||||
3 | said lot; thence South 01 degree 44 minutes 58
seconds | ||||||
4 | East, on said east line, 194.80 feet; thence South 88 | ||||||
5 | degrees 15 minutes 02
seconds West, 9.00 feet to the west | ||||||
6 | line of said lot; thence North 01 degree 44 minutes 58
| ||||||
7 | seconds West, on said west line, 505.26 feet to an angle | ||||||
8 | point in said west line; thence
North 00 degrees 01 minute | ||||||
9 | 33 seconds East, on said west line, 274.64 feet to the | ||||||
10 | Point of
Beginning. | ||||||
11 | Said parcel containing 0.561 acre, more or less. | ||||||
12 | Route: 80th Avenue (CH 83) | ||||||
13 | Section: 06-00122-16-FP | ||||||
14 | County: Will | ||||||
15 | Job No.: R-55-001-97 | ||||||
16 | Parcel No.: 0004TE
Station 89+49.94 To Station 92+15.00 | ||||||
17 | Index No.: 19-09-01-301-001 | ||||||
18 | Parcel 0004TE | ||||||
19 | That part of Lot 1 in Panduit Corp Planned Unit | ||||||
20 | Development Subdivision, being a
subdivision in part of | ||||||
21 | the Southwest Quarter of Section 1, Township 35 North, | ||||||
22 | Range 12
East of the Third Principal Meridian, according |
| |||||||
| |||||||
1 | to the plat thereof recorded August 31, 2012
as Document | ||||||
2 | No. R2012-096238, in Will County, Illinois, bearings and | ||||||
3 | distances based on
the Illinois Sate Plane Coordinate | ||||||
4 | System, East Zone, NAD 83 (2011 Adjustment) with a
| ||||||
5 | combined scale factor of 0.9999641157 described as | ||||||
6 | follows: | ||||||
7 | Commencing at the southwest corner of said lot; thence | ||||||
8 | North 01 degree 44 minutes 58
seconds West, on the west | ||||||
9 | line of said lot, 226.18 feet to the Point of Beginning; | ||||||
10 | thence
continuing North 01 degrees 44 minutes 58 seconds | ||||||
11 | West, on said west line, 78.11 feet;
thence North 88 | ||||||
12 | degrees 15 minutes 02 seconds East, 9.00 feet; thence | ||||||
13 | South 50 degrees
58 minutes 14 seconds East, 27.73 feet; | ||||||
14 | thence North 88 degrees 15 minutes 33 seconds
East, 25.00 | ||||||
15 | feet to the east line of the West 55.00 feet of said lot; | ||||||
16 | thence South 01 degree
44 minutes 58 seconds East, on said | ||||||
17 | east line, 60.00 feet; thence South 88 degrees 15
minutes | ||||||
18 | 33 seconds West, 40.00 feet to the east line of the West | ||||||
19 | 15.00 feet of said lot;
thence South 01 degree 44 minutes | ||||||
20 | 58 seconds East, on said east line, 186.94 feet;
thence | ||||||
21 | South 88 degrees 15 minutes 28 second West, 5.00 feet to | ||||||
22 | the east line of the
West 10.00 feet of said lot; thence | ||||||
23 | North 01 degree 44 minutes 58 seconds West, on said
east | ||||||
24 | line, 186.95 feet; thence South 88 degrees 15 minutes 33 | ||||||
25 | seconds West, 10.00 feet
to the Point of Beginning. |
| |||||||
| |||||||
1 | Said parcel containing 0.105 acre, more or less. | ||||||
2 | Route: 80th Avenue (CH 83) | ||||||
3 | Section: 06-00122-16-FP | ||||||
4 | County: Will | ||||||
5 | Job No.: R-55-001-97 | ||||||
6 | Parcel No.: 0005
Station 92+02.49 To Station 99+94.90 | ||||||
7 | Index No.: 19-09-02-402-003 | ||||||
8 | Parcel 0005 | ||||||
9 | That part of Outlot A in 80th Avenue Industrial Center in | ||||||
10 | the east half of the Southeast
Quarter of Section 2, | ||||||
11 | Township 35 North, Range 12 East of the Third Principal | ||||||
12 | Meridian,
according to the plat thereof recorded May 27, | ||||||
13 | 1976 as Document No. R1976-015768,
Township of Frankfort, | ||||||
14 | Will County, Illinois, bearings and distances based on the | ||||||
15 | Illinois
Sate Plane Coordinate System, East Zone, NAD 83 | ||||||
16 | (2011 Adjustment) with a combined
scale factor of | ||||||
17 | 0.9999641157 described as follows: | ||||||
18 | Beginning at the northeast corner of said Outlot A, said | ||||||
19 | northeast corner being the
intersection of the east line | ||||||
20 | of said Outlot A with the south right of way line of | ||||||
21 | Interstate 80;
thence South 05 degrees 42 minutes 13 |
| |||||||
| |||||||
1 | seconds East, on the east line of said Outlot A,
526.56 | ||||||
2 | feet to an angle point in said east line; thence South 01 | ||||||
3 | degree 44 minutes 58
seconds East, on said east line, | ||||||
4 | 266.93 feet to the north right of way line of 189th Street;
| ||||||
5 | thence South 88 degrees 26 minutes 40 seconds West, on | ||||||
6 | said north right of way line,
50.00 feet; thence North 01 | ||||||
7 | degree 44 minutes 58 seconds West, parallel with said east
| ||||||
8 | line, 32.00 feet; thence North 88 degrees 26 minutes 40 | ||||||
9 | seconds East, parallel with said
north right of way line, | ||||||
10 | 37.00 feet to the west line of the East 13.00 feet of said | ||||||
11 | Outlot A;
thence North 01 degree 44 minutes 58 seconds | ||||||
12 | West, on said west line, 279.26 feet;
thence South 88 | ||||||
13 | degrees 15 minutes 02 seconds West, 22.00 feet; thence | ||||||
14 | North 01
degree 43 minutes 58 seconds West, 238.59 feet; | ||||||
15 | thence North 04 degrees 43 minutes 36
seconds West, 197.47 | ||||||
16 | feet; thence North 01 degree 54 minutes 17 seconds West, | ||||||
17 | 45.18
feet to the north line of said Outlot A; thence North | ||||||
18 | 88 degrees 31 minutes 27 seconds
East, on said north line, | ||||||
19 | 9.00 feet to the Point of Beginning. | ||||||
20 | Said parcel containing 0.321 acre, more or less. | ||||||
21 | Route: 80th Avenue (CH 83) | ||||||
22 | Section: 06-00122-16-FP | ||||||
23 | County: Will | ||||||
24 | Job No.: R-55-001-97 |
| |||||||
| |||||||
1 | Parcel No.: 0006
Station 102+41.97 To Station 115+07.14 | ||||||
2 | Index No.: 19-09-01-100-013 | ||||||
3 | Parcel 0006 | ||||||
4 | The West 60 acres (Except the East 40 acres thereof) of the | ||||||
5 | south half of the Northwest
Quarter of Section 1, Township | ||||||
6 | 35 North, Range 12 East of the Third Principal Meridian, | ||||||
7 | in
Will County, Illinois. | ||||||
8 | Excepting therefrom that part described for street | ||||||
9 | purposes by Plat of Dedication and
ordinance approving the | ||||||
10 | same record as Document R2002-010141. | ||||||
11 | Also excepting therefrom that part taken for Interstate 80 | ||||||
12 | in Case 66 G 1592H the Lis
Pendes of which was recorded as | ||||||
13 | Document R66-13830. | ||||||
14 | Said parcel containing 16.618 acres, more or less. | ||||||
15 | Route: 80th Avenue (CH 83) | ||||||
16 | Section: 06-00122-16-FP | ||||||
17 | County: Will | ||||||
18 | Job No.: R-55-001-97 | ||||||
19 | Parcel No.: 0007TE
Station 110+41.32 To Station 110+49.57 | ||||||
20 | Index No.: 19-09-02-203-003 |
| |||||||
| |||||||
1 | Parcel 0007TE | ||||||
2 | That part of Lot 9 in Mercury Business Center, being a | ||||||
3 | subdivision of part of the Southeast
Quarter of the | ||||||
4 | Northeast Quarter of Section 2, Township 35 North, Range | ||||||
5 | 12 East of the
Third Principal Meridian, according to the | ||||||
6 | plat thereof recorded August 26, 1994 as
Document No. | ||||||
7 | R94-82441, in Will County, Illinois, bearings and | ||||||
8 | distances based on the
Illinois State Plane Coordinate | ||||||
9 | System, East Zone, NAD 83 (2011 Adjustment) with a
| ||||||
10 | combined scaled factor of 0.9999641157 described as | ||||||
11 | follows: | ||||||
12 | Commencing at the southeast corner of said lot; thence | ||||||
13 | South 84 degrees 03 minutes 06
seconds West, on the south | ||||||
14 | line of said lot, 74.77 feet to the Point of Beginning; | ||||||
15 | thence
continuing South 84 degrees 03 minutes 06 seconds | ||||||
16 | West, on said south line, 44.50 feet;
thence North 05 | ||||||
17 | degrees 56 minutes 54 seconds West, perpendicular to said | ||||||
18 | south line,
5.00 feet; thence North 84 degrees 03 minutes | ||||||
19 | 06 seconds East, parallel with said south
line, 44.50 | ||||||
20 | feet; thence South 05 degrees 56 minutes 54 seconds East, | ||||||
21 | perpendicular to
said south line, 5.00 feet to the Point | ||||||
22 | of Beginning. |
| |||||||
| |||||||
1 | Said parcel containing 0.005 acre (223 square feet), more | ||||||
2 | or less. | ||||||
3 | Route: 80th Avenue (CH 83) | ||||||
4 | Section: 06-00122-16-FP | ||||||
5 | County: Will | ||||||
6 | Job No.: R-55-001-97 | ||||||
7 | Parcel No.: 0008TE-A
Station 118+98.39 To Station | ||||||
8 | 120+86.46 | ||||||
9 | Index No.: 19-09-02-205-034 | ||||||
10 | Parcel 0008TE-A | ||||||
11 | That part of Lot 1 in Speedway Tinley Park Subdivision, | ||||||
12 | being a consolidation of Parcels 1,
2 and 3 in the north | ||||||
13 | half of Section 2, Township 35 North, Range 12 East of the | ||||||
14 | Third
Principal Meridian, according to the plat thereof | ||||||
15 | recorded March 1, 2016, as Document No.
R2016-015413, all | ||||||
16 | in Will County, Illinois bearings and distances based on | ||||||
17 | the Illinois State
Plane Coordinate System, East Zone, NAD | ||||||
18 | 83 (2011 Adjustment) with a combined scale
factor of | ||||||
19 | 0.9999641157 described as follows: | ||||||
20 | Commencing at the northeast corner of said lot; thence | ||||||
21 | South 01 degree 45 minutes 01
seconds East, on the east | ||||||
22 | line of said lot, 235.96 feet to the Point of Beginning; |
| |||||||
| |||||||
1 | thence
continuing South 01 degree 45 minutes 01 second | ||||||
2 | East, on said east line, 106.00 feet to
an angle point in | ||||||
3 | said east line; thence South 88 degrees 30 minutes 13 | ||||||
4 | seconds West, on
said east line, 9.00 feet to an angle | ||||||
5 | point in said east line; thence South 01 degree 45
minutes | ||||||
6 | 01 second East, on said east line, 82.11 feet to an angle | ||||||
7 | point in said east line;
thence South 88 degrees 30 | ||||||
8 | minutes 13 seconds West, on said east line, 5.00 feet; | ||||||
9 | thence
North 01 degree 45 minutes 01 second West, parallel | ||||||
10 | with said east line, 82.11 feet;
thence South 88 degrees | ||||||
11 | 30 minutes 13 seconds West, 10.00 feet; thence North 01
| ||||||
12 | degree 45 minutes 01 second West, parallel with said east | ||||||
13 | line, 106.00 feet; thence North
88 degrees 14 minutes 59 | ||||||
14 | seconds East, 24.00 feet to the Point of Beginning. | ||||||
15 | Said parcel containing 0.068 acre, more or less. | ||||||
16 | Route: 80th Avenue (CH 83) | ||||||
17 | Section: 06-00122-16-FP | ||||||
18 | County: Will | ||||||
19 | Job No.: R-55-001-97 | ||||||
20 | Parcel No.: 0008TE-B
Station 115+88.46 To Station | ||||||
21 | 116+03.46 | ||||||
22 | Index No.: 19-09-02-205-034 | ||||||
23 | Parcel 0008TE-B |
| |||||||
| |||||||
1 | That part of Lot 1 in Speedway Tinley Park Subdivision, | ||||||
2 | being a consolidation of Parcels 1,
2 and 3 in the north | ||||||
3 | half of Section 2, Township 35 North, Range 12 East of the | ||||||
4 | Third
Principal Meridian, according to the plat thereof | ||||||
5 | recorded March 1, 2016, as Document No.
R2016-015413, all | ||||||
6 | in Will County, Illinois bearings and distances based on | ||||||
7 | the Illinois State
Plane Coordinate System, East Zone, NAD | ||||||
8 | 83 (2011 Adjustment) with a combined scale
factor of | ||||||
9 | 0.9999641157 described as follows: | ||||||
10 | Beginning at the southeast corner of said lot; thence | ||||||
11 | South 88 degrees 30 minutes 13
seconds West, on the south | ||||||
12 | line of said lot, 15.00 feet; thence North 43 degrees 22
| ||||||
13 | minutes 36 seconds East, 21.17 feet to the east line of | ||||||
14 | said lot; thence South 01 degree 45
minutes 01 second | ||||||
15 | East, on said east line, 15.00 feet to the Point of | ||||||
16 | Beginning. | ||||||
17 | Said parcel containing 0.003 acre (112 square feet), more | ||||||
18 | or less. | ||||||
19 | Route: 80th Avenue (CH 83) | ||||||
20 | Section: 06-00122-16-FP | ||||||
21 | County: Will | ||||||
22 | Job No.: R-55-001-97 |
| |||||||
| |||||||
1 | Parcel No.: 0009
Station 115+92.91 To Station 122+04.37 | ||||||
2 | Index No.: 19-09-01-101-009 | ||||||
3 | Parcel 0009 | ||||||
4 | That part of Lot 9 in Hickory Creek Corporate Center Unit | ||||||
5 | 2, being a subdivision of that part
of the north half of | ||||||
6 | the Northwest Quarter of Section 1, Township 35 North, | ||||||
7 | Range 12 East
of the Third Principal Meridian, according | ||||||
8 | to the plat thereof recorded October 31, 2001 as
Document | ||||||
9 | No. R2001-148202 and amended by Certificate of Correction | ||||||
10 | Numbers R2001-
157981, R2001-161607 and R2001-161608, in | ||||||
11 | Will County, Illinois, bearings and distances
based on the | ||||||
12 | Illinois State Plane Coordinate System, East Zone, NAD 83 | ||||||
13 | (2011
Adjustment) with a combined scale factor of | ||||||
14 | 0.9999641157 described as follows: | ||||||
15 | Beginning at the northwest corner of said lot; thence | ||||||
16 | North 88 degrees 36 minutes 17
seconds East, on the north | ||||||
17 | line of said lot, 15.70 feet; thence South 01 degree 45 | ||||||
18 | minutes
01 second East, 575.55 feet to a point 5.00 feet | ||||||
19 | Northeasterly of, as measured
perpendicular to, the | ||||||
20 | southwesterly line of said lot; thence South 46 degrees 35 | ||||||
21 | minutes 11
seconds East, parallel with said southwesterly | ||||||
22 | line, 40.81 feet; thence South 00 degrees 00
minutes 00 | ||||||
23 | seconds East, 6.88 feet to said southwesterly line; thence |
| |||||||
| |||||||
1 | North 46 degrees 35
minutes 11 seconds West, on said | ||||||
2 | southwesterly line, 62.92 feet to the west line of said | ||||||
3 | lot;
thence North 01 degree 44 minutes 24 seconds West, on | ||||||
4 | said west line, 566.85 feet to the
Point of Beginning. | ||||||
5 | Said parcel containing 0.212 acre, more or less. | ||||||
6 | Route: 80th Avenue (CH 83) | ||||||
7 | Section: 06-00122-16-FP | ||||||
8 | County: Will | ||||||
9 | Job No.: R-55-001-97 | ||||||
10 | Parcel No.: 0009TE-A
Station 115+86.83 To Station | ||||||
11 | 115+98.12 | ||||||
12 | Index No.: 19-09-01-101-009 | ||||||
13 | Parcel 0009TE-A | ||||||
14 | That part of Lot 9 in Hickory Creek Corporate Center Unit | ||||||
15 | 2, being a subdivision of that part
of the north half of | ||||||
16 | the Northwest Quarter of Section 1, Township 35 North, | ||||||
17 | Range 12 East
of the Third Principal Meridian, according | ||||||
18 | to the plat thereof recorded October 31, 2001 as
Document | ||||||
19 | No. R2001-148202 and amended by Certificate of Correction | ||||||
20 | Numbers R2001-
157981, R2001-161607 and R2001-161608, in | ||||||
21 | Will County, Illinois, bearings and distances
based on the | ||||||
22 | Illinois State Plane Coordinate System, East Zone, NAD 83 |
| |||||||
| |||||||
1 | (2011
Adjustment) with a combined scale factor of | ||||||
2 | 0.9999641157 described as follows: | ||||||
3 | Commencing at the southeast corner of said lot; thence | ||||||
4 | South 88 degrees 35 minutes 00
seconds West, 264.49 feet | ||||||
5 | to the Point of Beginning; thence continuing South 88 | ||||||
6 | degrees
35 minutes 00 seconds West, on said south line, | ||||||
7 | 45.50 feet to the southwesterly line of
said lot; thence | ||||||
8 | North 46 degrees 35 minutes 11 seconds West, 8.21 feet; | ||||||
9 | thence North 00
degrees 00 minutes 00 seconds East, 5.21 | ||||||
10 | feet to a point 11.00 feet North of, as measured
| ||||||
11 | perpendicular to, the south line of said lot; thence North | ||||||
12 | 88 degrees 35 minutes 00
seconds East, parallel with said | ||||||
13 | south line, 48.31 feet; thence South 16 degrees 07
minutes | ||||||
14 | 24 seconds East, 11.37 feet to the Point of Beginning. | ||||||
15 | Said parcel containing 0.012 acre, more or less. | ||||||
16 | Route: 80th Avenue (CH 83) | ||||||
17 | Section: 06-00122-16-FP | ||||||
18 | County: Will | ||||||
19 | Job No.: R-55-001-97 | ||||||
20 | Parcel No.: 0009TE-B
Station 2013+44.28 To Station | ||||||
21 | 2013+90.28 | ||||||
22 | Index No.: 19-09-01-101-009 |
| |||||||
| |||||||
1 | Parcel 0009TE-B | ||||||
2 | That part of Lot 9 in Hickory Creek Corporate Center Unit | ||||||
3 | 2, being a subdivision of that part
of the north half of | ||||||
4 | the Northwest Quarter of Section 1, Township 35 North, | ||||||
5 | Range 12 East
of the Third Principal Meridian, according | ||||||
6 | to the plat thereof recorded October 31, 2001 as
Document | ||||||
7 | No. R2001-148202 and amended by Certificate of Correction | ||||||
8 | Numbers R2001-
157981, R2001-161607 and R2001-161608, in | ||||||
9 | Will County, Illinois, bearings and distances
based on the | ||||||
10 | Illinois State Plane Coordinate System, East Zone, NAD 83 | ||||||
11 | (2011
Adjustment) with a combined scale factor of | ||||||
12 | 0.9999641157 described as follows: | ||||||
13 | Commencing at the southeast corner of said lot; thence | ||||||
14 | South 88 degrees 35 minutes 00
seconds West, on said south | ||||||
15 | line, 35.00 feet to the Point of Beginning; thence | ||||||
16 | continuing
South 88 degrees 35 minutes 00 seconds West, on | ||||||
17 | said south line, 46.00 feet; thence
North 01 degrees 25 | ||||||
18 | minutes 00 seconds West, 5.00 feet to the north line of the | ||||||
19 | South
5.00 feet of said lot; thence North 88 degrees 35 | ||||||
20 | minutes 00 seconds East, on said north
line, 46.00 feet; | ||||||
21 | thence South 01 degree 25 minutes 00 seconds East, 5.00 | ||||||
22 | feet to the
Point of Beginning. | ||||||
23 | Said parcel containing 0.005 acre (230 square feet), more |
| |||||||
| |||||||
1 | or less. | ||||||
2 | Route: 80th Avenue (CH 83) | ||||||
3 | Section: 06-00122-16-FP | ||||||
4 | County: Will | ||||||
5 | Job No.: R-55-001-97 | ||||||
6 | Parcel No.: 0010A
Station 122+04.27 To Station 122+34.00 | ||||||
7 | Index No.: 19-09-01-101-007 | ||||||
8 | Parcel 0010A | ||||||
9 | That part of Lot 10 in Hickory Creek Corporate Center Unit | ||||||
10 | 2, being a subdivision of that
part of the north half of | ||||||
11 | the Northwest Quarter of Section 1, Township 35 North, | ||||||
12 | Range 12
East of the Third Principal Meridian, according | ||||||
13 | to the plat thereof recorded October 31,
2001 as Document | ||||||
14 | No. R2001-148202 and amended by Certificate of Correction | ||||||
15 | Numbers
R2001-157981, R2001-161607 and R2001-161608, in | ||||||
16 | Will County, Illinois, bearings and
distances based on the | ||||||
17 | Illinois State Plane Coordinate System, East Zone, NAD 83 | ||||||
18 | (2011
Adjustment) with a combined scale factor of | ||||||
19 | 0.9999641157 described as follows: | ||||||
20 | Beginning at the southwest corner of said lot; thence | ||||||
21 | North 01 degree 48 minutes 13
seconds West, on the west | ||||||
22 | line of said lot, 29.63 feet; thence North 88 degrees 15 |
| |||||||
| |||||||
1 | minutes
04 seconds East, 15.73 feet; thence South 01 | ||||||
2 | degree 45 minutes 01 second East, 29.73
feet to the south | ||||||
3 | line of said lot; thence South 88 degrees 36 minutes 17 | ||||||
4 | seconds West,
15.70 feet to the Point of Beginning. | ||||||
5 | Said parcel containing 0.011 acre, more or less. | ||||||
6 | Route: 80th Avenue (CH 83) | ||||||
7 | Section: 06-00122-16-FP | ||||||
8 | County: Will | ||||||
9 | Job No.: R-55-001-97 | ||||||
10 | Parcel No.: 0010B
Station 122+93.00 To Station 128+25.81 | ||||||
11 | Index No.: 19-09-01-101-007 | ||||||
12 | Parcel 0010B | ||||||
13 | That part of Lot 10 in Hickory Creek Corporate Center Unit | ||||||
14 | 2, being a subdivision of that
part of the north half of | ||||||
15 | the Northwest Quarter of Section 1, Township 35 North, | ||||||
16 | Range 12
East of the Third Principal Meridian, according | ||||||
17 | to the plat thereof recorded October 31,
2001 as Document | ||||||
18 | No. R2001-148202 and amended by Certificate of Correction | ||||||
19 | Numbers
R2001-157981, R2001-161607 and R2001-161608, in | ||||||
20 | Will County, Illinois, bearings and
distances based on the | ||||||
21 | Illinois State Plane Coordinate System, East Zone, NAD 83 | ||||||
22 | (2011
Adjustment) with a combined scale factor of |
| |||||||
| |||||||
1 | 0.9999641157 described as follows: | ||||||
2 | Commencing at the southwest corner of said lot; thence | ||||||
3 | North 01 degree 48 minutes 13
seconds West, on the west | ||||||
4 | line of said lot, 88.63 feet to the Point of Beginning; | ||||||
5 | thence
continuing North 01 degree 48 minutes 13 seconds | ||||||
6 | West, on said west line, 127.27 feet to
an angle point in | ||||||
7 | said west line; thence North 01 degree 04 minutes 30 | ||||||
8 | seconds East, on
said west line, 199.86 feet to an angle | ||||||
9 | point in said west line; thence North 01 degree 42
minutes | ||||||
10 | 21 seconds West, on said west line, 156.34 feet to an angle | ||||||
11 | point in said west line;
thence North 43 degrees 31 | ||||||
12 | minutes 05 seconds East, on a northwesterly line of said | ||||||
13 | lot,
70.43 feet to the north line of said lot; thence North | ||||||
14 | 88 degrees 39 minutes 56 seconds
East, on said north line, | ||||||
15 | 613.66 feet; thence South 01 degree 20 minutes 04 seconds | ||||||
16 | East,
perpendicular to said north line, 5.00 feet; thence | ||||||
17 | South 87 degrees 05 minutes 13
seconds West, 232.71 feet; | ||||||
18 | thence South 86 degrees 35 minutes 31 seconds West,
357.63 | ||||||
19 | feet; thence South 50 degrees 50 minutes 19 seconds West, | ||||||
20 | 56.86 feet; thence
South 07 degrees 02 minutes 04 seconds | ||||||
21 | West, 130.48 feet; thence South 00 degrees 00
minutes 30 | ||||||
22 | seconds East, 344.94 feet; thence South 88 degrees 15 | ||||||
23 | minutes 04 seconds
West, 7.78 feet to the Point of | ||||||
24 | Beginning. |
| |||||||
| |||||||
1 | Said parcel containing 0.376 acre, more or less. | ||||||
2 | Route: 80th Avenue (CH 83) | ||||||
3 | Section: 06-00122-16-FP | ||||||
4 | County: Will | ||||||
5 | Job No.: R-55-001-97 | ||||||
6 | Parcel No.: 0010TE
Station 122+29.00 To Station 127+72.90 | ||||||
7 | Index No.: 19-09-01-101-007 | ||||||
8 | Parcel 0010TE | ||||||
9 | That part of Lot 10 in Hickory Creek Corporate Center Unit | ||||||
10 | 2, being a subdivision of that
part of the north half of | ||||||
11 | the Northwest Quarter of Section 1, Township 35 North, | ||||||
12 | Range 12
East of the Third Principal Meridian, according | ||||||
13 | to the plat thereof recorded October 31,
2001 as Document | ||||||
14 | No. R2001-148202 and amended by Certificate of Correction | ||||||
15 | Numbers
R2001-157981, R2001-161607 and R2001-161608, in | ||||||
16 | Will County, Illinois, bearings and
distances based on the | ||||||
17 | Illinois State Plane Coordinate System, East Zone, NAD 83 | ||||||
18 | (2011
Adjustment) with a combined scale factor of | ||||||
19 | 0.9999641157 described as follows: | ||||||
20 | Commencing at the southwest corner of said lot; thence | ||||||
21 | North 01 degree 48 minutes 13
seconds West, on the west | ||||||
22 | line of said lot, 29.63 feet to the Point of Beginning; |
| |||||||
| |||||||
1 | thence
continuing North 01 degree 48 minutes 13 seconds | ||||||
2 | West, on said west line, 59.00 feet;
thence North 88 | ||||||
3 | degrees 15 minutes 04 seconds East, 7.78 feet; thence | ||||||
4 | North 00 degree
00 minutes 30 seconds West, 344.94; thence | ||||||
5 | North 07 degrees 02 minutes 04 seconds
East, 130.48 feet; | ||||||
6 | thence North 50 degrees 50 minutes 19 seconds East, 10.14 | ||||||
7 | feet;
thence South 01 degree 44 minutes 33 seconds East, | ||||||
8 | 72.90 feet; thence South 18 degrees
40 minutes 18 seconds | ||||||
9 | East, 68.68 feet; thence South 01 degree 44 minutes 34 | ||||||
10 | seconds
East, 134.29 feet; thence South 13 degrees 46 | ||||||
11 | minutes 54 seconds West, 186.82 feet;
thence South 01 | ||||||
12 | degree 44 minutes 30 seconds East, 27.00 feet; thence | ||||||
13 | North 88 degrees
15 minutes 04 seconds East, 39.81 feet; | ||||||
14 | thence South 01 degree 48 minutes 13 seconds
East, 64.00 | ||||||
15 | feet; thence South 88 degrees 15 minutes 04 seconds West, | ||||||
16 | 40.28 feet;
thence North 01 degree 45 minutes 01 second | ||||||
17 | West, 5.00 feet; thence South 88 degrees
15 minutes 04 | ||||||
18 | seconds West, 15.73 feet to the Point of Beginning. | ||||||
19 | Said parcel containing 0.435 acre, more or less. | ||||||
20 | Route: 80th Avenue (CH 83) | ||||||
21 | Section: 06-00122-16-FP | ||||||
22 | County: Will | ||||||
23 | Job No.: R-55-001-97 | ||||||
24 | Parcel No.: 0011TE
Station 123+22.42 To Station 125+60.84 |
| |||||||
| |||||||
1 | Index No.: 19-09-02-205-025 | ||||||
2 | Parcel 0011TE | ||||||
3 | That part of Lot 31 in Tinley Crossings Corporate Center, | ||||||
4 | Phase 3, a resubdivision of part
of the north half of | ||||||
5 | Section 2, Township 35 North, Range 12 East of the Third | ||||||
6 | Principal
Meridian, according to the plat thereof recorded | ||||||
7 | February 27, 2001 as Document No.
R2001-021137, all in | ||||||
8 | Will County, Illinois, bearings and distances based on the | ||||||
9 | Illinois
State Plane Coordinate System, East Zone, NAD 83 | ||||||
10 | (2011 Adjustment) with a combined
scale factor of | ||||||
11 | 0.9999641157 described as follows: | ||||||
12 | Beginning at the southeast corner of said lot, said | ||||||
13 | southeast corner being on the west right
of way line of | ||||||
14 | 80th Avenue; thence South 88 degrees 15 minutes 09 seconds | ||||||
15 | West, on a
south line of said lot, 16.00 feet to the west | ||||||
16 | line of the East 16.00 feet of said lot; thence
North 01 | ||||||
17 | degree 45 minutes 01 second West, on said west line, 47.30 | ||||||
18 | feet; thence North
88 degrees 14 minutes 59 seconds East, | ||||||
19 | 12.00 feet to the west line of the East 4.00 feet of
said | ||||||
20 | lot; thence North 01 degree 45 minutes 01 second West, on | ||||||
21 | said west line, 142.42
feet; thence South 88 degrees 14 | ||||||
22 | minutes 59 seconds West, 5.00 feet to the west line of
the | ||||||
23 | East 9.00 feet of said lot; thence North 01 degree 45 |
| |||||||
| |||||||
1 | minutes 01 second West, on said
west line, 48.70 feet; | ||||||
2 | thence North 88 degrees 14 minutes 59 seconds East, 9.00 | ||||||
3 | feet to
the east line of said lot; thence South 01 degree | ||||||
4 | 45 minutes 01 second East, on said east
line, 238.42 feet | ||||||
5 | to the Point of Beginning. | ||||||
6 | Said parcel containing 0.041 acre, more or less. | ||||||
7 | Route: 80th Avenue (CH 83) | ||||||
8 | Section: 06-00122-16-FP | ||||||
9 | County: Will | ||||||
10 | Job No.: R-55-001-97 | ||||||
11 | Parcel No.: 0012
Station 126+69.25 To Station 128+28.53 | ||||||
12 | Index No.: 19-09-02-205-010 | ||||||
13 | Parcel 0012 | ||||||
14 | That part of Lot 25 in Tinley Crossings Corporate Center | ||||||
15 | Unit 1, being a subdivision of part
of the North half of | ||||||
16 | Section 2, Township 35 North, Range 12 East of the Third | ||||||
17 | Principal
Meridian, according to the Plat of Subdivision | ||||||
18 | thereof recorded October 16, 1998 as
Document R98-122885, | ||||||
19 | in Will County, Illinois, bearings and distances based on | ||||||
20 | the Illinois
State Plane Coordinate System, East Zone, NAD | ||||||
21 | 83 (2011 Adjustment) with a combined
scale factor of | ||||||
22 | 0.9999641157 described as follows: |
| |||||||
| |||||||
1 | Commencing at the southeast corner of said lot; thence | ||||||
2 | North 01 degree 45 minutes 01
second West, on the east line | ||||||
3 | of said lot, 98.41 feet to the Point of Beginning; thence
| ||||||
4 | South 88 degrees 15 minutes 50 seconds West, 6.00 feet; | ||||||
5 | thence North 01 degree 45
minutes 01 second West, parallel | ||||||
6 | with said east line, 31.47 feet to a point of curvature;
| ||||||
7 | thence Northwesterly, on a 110.00 foot radius curve, | ||||||
8 | concave Southwesterly, 172.12 feet,
the chord of said | ||||||
9 | curve bears North 46 degrees 34 minutes 30 seconds West, | ||||||
10 | 155.09 feet
to the south line of the North 17.00 feet of | ||||||
11 | said lot, and to a point of tangency; thence
South 88 | ||||||
12 | degrees 35 minutes 58 seconds West, on said south line, | ||||||
13 | 119.66 feet; thence
South 01 degree 45 minutes 01 second | ||||||
14 | East, 7.00 feet; thence South 88 degrees 35
minutes 58 | ||||||
15 | seconds West, parallel with said north line, 20.00 feet to | ||||||
16 | the west line of said
lot; thence North 01 degree 45 | ||||||
17 | minutes 01 second West, on said west line, 24.00 feet to
| ||||||
18 | the northwest corner of said lot; thence North 88 degrees | ||||||
19 | 35 minutes 58 seconds East, on
the north line of said lot, | ||||||
20 | 204.99 feet to the northeasterly line of said lot; thence | ||||||
21 | South 46
degrees 34 minutes 31 seconds East, on said | ||||||
22 | northeasterly line, 70.93 feet to the east line
of said | ||||||
23 | lot; thence South 01 degree 45 minutes 01 second East, on | ||||||
24 | said east line, 107.77
feet to the Point of Beginning. |
| |||||||
| |||||||
1 | Said parcel containing 0.152 acre, more or less. | ||||||
2 | Route: 80th Avenue (CH 83) | ||||||
3 | Section: 06-00122-16-FP | ||||||
4 | County: Will | ||||||
5 | Job No.: R-55-001-97 | ||||||
6 | Parcel No.: 0012TE
Station 126+69.25 To Station 128+11.41 | ||||||
7 | Index No.: 19-09-02-205-010 | ||||||
8 | Parcel 0012TE | ||||||
9 | That part of Lot 25 in Tinley Crossings Corporate Center | ||||||
10 | Unit 1, being a subdivision of part
of the North half of | ||||||
11 | Section 2, Township 35 North, Range 12 East of the Third | ||||||
12 | Principal
Meridian, according to the Plat of Subdivision | ||||||
13 | thereof recorded October 16, 1998 as
Document R98-122885, | ||||||
14 | in Will County, Illinois, bearings and distances based on | ||||||
15 | the Illinois
State Plane Coordinate System, East Zone, NAD | ||||||
16 | 83 (2011 Adjustment) with a combined
scale factor of | ||||||
17 | 0.9999641157 described as follows: | ||||||
18 | Commencing at the southeast corner of said lot; thence | ||||||
19 | North 01 degree 45 minutes 01
second West, on the east line | ||||||
20 | of said lot, 98.41 feet; thence South 88 degrees 15 | ||||||
21 | minutes
50 seconds West, 6.00 feet to the Point of | ||||||
22 | Beginning; thence continuing South 88 degrees
15 minutes |
| |||||||
| |||||||
1 | 50 seconds West, 5.00 feet; thence North 01 degree 45 | ||||||
2 | minutes 01 second
West, parallel with the east line of | ||||||
3 | said lot, 31.47 feet; thence North 28 degrees 47 minutes
| ||||||
4 | 08 seconds West, 72.92 feet; thence North 57 degrees 01 | ||||||
5 | minute 36 seconds West, 57.77
feet to the south line of the | ||||||
6 | North 29.00 feet of said lot; thence South 88 degrees 35
| ||||||
7 | minutes 58 seconds West, on said south line, 143.37 feet; | ||||||
8 | thence South 01 degree 45
minutes 01 second East, 10.00 | ||||||
9 | feet; thence South 88 degrees 35 minutes 58 seconds
West, | ||||||
10 | parallel with the north line of said lot, 20.00 feet to the | ||||||
11 | west line of said lot; thence
North 01 degree 45 minutes 01 | ||||||
12 | second West, on said west line, 15.00 feet; thence North
| ||||||
13 | 88 degrees 35 minutes 58 seconds East, parallel with the | ||||||
14 | north line of said lot, 20.00 feet;
thence North 01 degree | ||||||
15 | 45 minutes 01 second West, 7.00 feet to the south line of | ||||||
16 | the
North 17.00 feet of said lot; thence North 88 degrees | ||||||
17 | 35 minutes 58 seconds East, on said
south line, 119.66 | ||||||
18 | feet to a point of curvature; thence Southeasterly, on a | ||||||
19 | 110.00 foot
radius curve, concave Southwesterly, 172.12 | ||||||
20 | feet, the chord of said curve bears South 46
degrees 34 | ||||||
21 | minutes 30 seconds East, 155.09 feet to the west line of | ||||||
22 | the East 6.00 feet of
said lot, and to a point of tangency; | ||||||
23 | thence South 01 degree 45 minutes 01 second East,
on said | ||||||
24 | west line, 31.47 feet to the Point of Beginning. | ||||||
25 | Said parcel containing 0.093 acre, more or less. |
| |||||||
| |||||||
1 | Route: 80th Avenue (CH 83) | ||||||
2 | Section: 06-00122-16-FP | ||||||
3 | County: Will | ||||||
4 | Job No.: R-55-001-97 | ||||||
5 | Parcel No.: 0013
Station 95+54.70 To Station 98+85.07 | ||||||
6 | Index No.: 19-09-02-205-028 | ||||||
7 | Parcel 0013 | ||||||
8 | All common areas in the 8021 Condominium, as delineated on | ||||||
9 | a survey of the following
described real estate: Lot 30 in | ||||||
10 | Tinley Crossings Corporate Center, Phase 3, a
| ||||||
11 | resubdivision of part of the North half of Section 2, | ||||||
12 | Township 35 North, Range 12 East of
the Third Principal | ||||||
13 | Meridian, according to the plat thereof recorded February | ||||||
14 | 27, 2001 as
Document No. R2001-021137, which survey is | ||||||
15 | attached as Exhibit "B" to the Declaration of
Condominium | ||||||
16 | recorded as Document Number R2004-22962, and as amended, | ||||||
17 | all in Will
County, Illinois, bearings and distances based | ||||||
18 | on the Illinois State Plane Coordinate
System, East Zone, | ||||||
19 | NAD 83 (2011 Adjustment) with a combined scale factor of
| ||||||
20 | 0.9999641157 described as follows: | ||||||
21 | Beginning at the northeast corner of said Lot 30; thence | ||||||
22 | South 01 degree 45 minutes 01
second East, on the east line |
| |||||||
| |||||||
1 | of said lot, 24.00 feet to the south line of the North | ||||||
2 | 24.00 feet
of said lot; thence South 88 degrees 35 minutes | ||||||
3 | 58 seconds West, on said south line,
97.77 feet; thence | ||||||
4 | North 87 degrees 12 minutes 48 seconds West, 136.96 feet; | ||||||
5 | thence
South 89 degrees 41 minutes 13 seconds West, 52.69 | ||||||
6 | feet to a point of curvature; thence
Westerly, on a 787.00 | ||||||
7 | foot radius curve, concave Southerly, 39.84 feet, the | ||||||
8 | chord of said
curve bears South 87 degrees 08 minutes 58 | ||||||
9 | seconds West, 39.83 feet to the west line of
said lot; | ||||||
10 | thence North 01 degree 45 minutes 03 seconds West, on said | ||||||
11 | west line, 13.01
feet to the northwest corner of said lot; | ||||||
12 | thence Easterly, on the north line of said lot, being
an | ||||||
13 | 800.00 foot radius curve, concave Southerly, 39.91 feet, | ||||||
14 | the chord of said curve bears
North 87 degrees 10 minutes | ||||||
15 | 13 seconds East, 39.91 feet to a point of tangency in said
| ||||||
16 | north line; thence North 88 degrees 35 minutes 58 seconds | ||||||
17 | East, on said north line, 286.90
feet to the Point of | ||||||
18 | Beginning. | ||||||
19 | Said parcel containing 0.142 acre, more or less. | ||||||
20 | Route: 80th Avenue (CH 83) | ||||||
21 | Section: 06-00122-16-FP | ||||||
22 | County: Will | ||||||
23 | Job No.: R-55-001-97 | ||||||
24 | Parcel No.: 0013TE-A
Station 97+87.30 To Station 98+85.18 |
| |||||||
| |||||||
1 | Index No.: 19-09-02-205-028 | ||||||
2 | Parcel 0013TE-A | ||||||
3 | All common areas in the 8021 Condominium, as delineated on | ||||||
4 | a survey of the following
described real estate: Lot 30 in | ||||||
5 | Tinley Crossings Corporate Center, Phase 3, a
| ||||||
6 | resubdivision of part of the North half of Section 2, | ||||||
7 | Township 35 North, Range 12 East of
the Third Principal | ||||||
8 | Meridian, according to the plat thereof recorded February | ||||||
9 | 27, 2001 as
Document No. R2001-021137, which survey is | ||||||
10 | attached as Exhibit "B" to the Declaration of
Condominium | ||||||
11 | recorded as Document Number R2004-22962, and as amended, | ||||||
12 | all in Will
County, Illinois, bearings and distances based | ||||||
13 | on the Illinois State Plane Coordinate
System, East Zone, | ||||||
14 | NAD 83 (2011 Adjustment) with a combined scale factor of
| ||||||
15 | 0.9999641157 described as follows: | ||||||
16 | Commencing at the northeast corner of said Lot 30; thence | ||||||
17 | South 01 degree 45 minutes 01
second East, on the east line | ||||||
18 | of said lot, 24.00 feet to the Point of Beginning; thence
| ||||||
19 | continuing South 01 degree 45 minutes 01 second East, on | ||||||
20 | said east line, 15.00 feet;
thence South 88 degrees 35 | ||||||
21 | minutes 58 seconds West, parallel with the north line of | ||||||
22 | said
lot, 30.17 feet; thence North 01 degree 24 minutes 02 | ||||||
23 | seconds West, 10.00 feet to the
south line of the North |
| |||||||
| |||||||
1 | 29.00 feet of said lot; thence South 88 degrees 35 minutes | ||||||
2 | 58
seconds West, on said south line, 67.70 feet; thence | ||||||
3 | North 01 degree 24 minutes 02
seconds West, 5.00 feet to | ||||||
4 | the south line of the North 24.00 feet of said lot; thence | ||||||
5 | North
88 degrees 35 minutes 58 seconds East, on said south | ||||||
6 | line, 97.77 feet to the Point of
Beginning. | ||||||
7 | Said parcel containing 0.018 acre, more or less. | ||||||
8 | Route: 80th Avenue (CH 83) | ||||||
9 | Section: 06-00122-16-FP | ||||||
10 | County: Will | ||||||
11 | Job No.: R-55-001-97 | ||||||
12 | Parcel No.: 0013TE-B
Station 95+72.95 To Station 96+39.71 | ||||||
13 | Index No.: 19-09-02-205-028 | ||||||
14 | Parcel 0013TE-B | ||||||
15 | All common areas in the 8021 Condominium, as delineated on | ||||||
16 | a survey of the following
described real estate: Lot 30 in | ||||||
17 | Tinley Park Crossings Corporate Center, Phase 3, a
| ||||||
18 | resubdivision of part of the North half of Section 2, | ||||||
19 | Township 35 North, Range 12 East of
the Third Principal | ||||||
20 | Meridian, according to the plat thereof recorded February | ||||||
21 | 27, 2001 as
Document No. R2001-021137, which survey is | ||||||
22 | attached as Exhibit "B" to the Declaration of
Condominium |
| |||||||
| |||||||
1 | recorded as Document Number R2004-22962, and as amended, | ||||||
2 | all in Will
County, Illinois, bearings and distances based | ||||||
3 | on the Illinois State Plane Coordinate
System, East Zone, | ||||||
4 | NAD 83 (2011 Adjustment) with a combined scale factor of
| ||||||
5 | 0.9999641157 described as follows: | ||||||
6 | Commencing at the northwest corner of said Lot 30; thence | ||||||
7 | South 01 degree 45 minutes
03 seconds East, on the west | ||||||
8 | line of said lot, 13.01 feet; thence Easterly, on a 787.00 | ||||||
9 | foot
radius curve, concave Southerly, 16.92 feet, the | ||||||
10 | chord of said curve bears North 86
degrees 18 minutes 55 | ||||||
11 | seconds East, 16.92 feet to the Point of Beginning; thence
| ||||||
12 | continuing Easterly, on said 787.00 foot radius curve, | ||||||
13 | 22.92 feet, the chord of said curve
bears North 87 degrees | ||||||
14 | 45 minutes 55 seconds East, 22.92 feet; thence North 89 | ||||||
15 | degrees
41 minutes 13 seconds East, 41.67 feet; thence | ||||||
16 | South 01 degree 39 minutes 18 seconds
East, 6.00 feet; | ||||||
17 | thence South 89 degrees 41 minutes 10 seconds West, 41.70 | ||||||
18 | feet to a
point of curvature; thence Westerly, on a 781.00 | ||||||
19 | foot radius curve, concave Southerly,
22.74 feet, the | ||||||
20 | chord of said curve bears South 87 degrees 45 minutes 55 | ||||||
21 | seconds West,
22.74 feet; thence North 03 degrees 04 | ||||||
22 | minutes 08 seconds West, 6.00 feet to the Point of
| ||||||
23 | Beginning. | ||||||
24 | Said parcel containing 0.009 acre (387 square feet), more |
| |||||||
| |||||||
1 | or less. | ||||||
2 | Route: 80th Avenue (CH 83) | ||||||
3 | Section: 06-00122-16-FP | ||||||
4 | County: Will | ||||||
5 | Job No.: R-55-001-97 | ||||||
6 | Parcel No.: 0014
Station 93+10.05 To Station 95+55.36 | ||||||
7 | Index No.: 19-09-02-205-023 | ||||||
8 | Parcel 0014 | ||||||
9 | That part of Lot 29 in Tinley Crossings Corporate Center | ||||||
10 | Phase 3, being a subdivision of
part of the North half of | ||||||
11 | Section 2, Township 35 North, Range 12 East of the Third | ||||||
12 | Principal
Meridian, according to the plat thereof recorded | ||||||
13 | February 27, 2001 as Document No.
R2001-021137, all in | ||||||
14 | Will County, Illinois, bearings and distances based on the | ||||||
15 | Illinois
State Plane Coordinate System, East Zone, NAD 83 | ||||||
16 | (2011 Adjustment) with a combined
scale factor of | ||||||
17 | 0.9999641157 described as follows: | ||||||
18 | Beginning at the northeast corner of said Lot 29; thence | ||||||
19 | South 01 degree 45 minutes 03
second East, 13.01 feet to | ||||||
20 | the southerly line of the Northerly 13.00 feet of said | ||||||
21 | lot; thence
Southwesterly, on said southerly line, being a | ||||||
22 | 787.00 foot radius curve, concave Southerly,
226.63 feet, |
| |||||||
| |||||||
1 | the chord of said curve bears South 77 degrees 26 minutes | ||||||
2 | 59 seconds West,
225.85 feet; thence North 20 degrees 48 | ||||||
3 | minutes 00 seconds West, 13.00 feet to the
northerly line | ||||||
4 | of said lot; thence Northeasterly, on said northerly line, | ||||||
5 | being a 800.00 foot
radius curve, concave Southerly, | ||||||
6 | 230.96 feet, the chord of said curve bears North 77
| ||||||
7 | degrees 28 minutes 14 seconds East, 230.15 feet to the | ||||||
8 | Point of Beginning. | ||||||
9 | Said parcel containing 0.068 acre, more or less. | ||||||
10 | Route: 80th Avenue (CH 83) | ||||||
11 | Section: 06-00122-16-FP | ||||||
12 | County: Will | ||||||
13 | Job No.: R-55-001-97 | ||||||
14 | Parcel No.: 0014TE
Station 92+71.20 To Station 93+10.05 | ||||||
15 | Index No.: 19-09-02-205-023 | ||||||
16 | Parcel 0014TE | ||||||
17 | That part of Lot 29 in Tinley Crossings Corporate Center | ||||||
18 | Phase 3, being a subdivision of
part of the North half of | ||||||
19 | Section 2, Township 35 North, Range 12 East of the Third | ||||||
20 | Principal
Meridian, according to the plat thereof recorded | ||||||
21 | February 27, 2001 as Document No.
R2001-021137, all in | ||||||
22 | Will County, Illinois, bearings and distances based on the |
| |||||||
| |||||||
1 | Illinois
State Plane Coordinate System, East Zone, NAD 83 | ||||||
2 | (2011 Adjustment) with a combined
scale factor of | ||||||
3 | 0.9999641157 described as follows: | ||||||
4 | Commencing at the northeast corner of said Lot 29; thence | ||||||
5 | Southwesterly, on the northerly
line of said lot, being a | ||||||
6 | 800.00 foot radius curve, concave Southerly, 230.96 feet, | ||||||
7 | the chord
of said curve bears South 77 degrees 28 minutes | ||||||
8 | 14 seconds West, 230.15 feet to the
Point of Beginning; | ||||||
9 | thence South 20 degrees 48 minutes 00 seconds East, 13.00 | ||||||
10 | feet to
the southerly line of the Northerly 13.00 feet of | ||||||
11 | said lot; thence Southwesterly, on said
southerly line, | ||||||
12 | being a 787.00 foot radius curve, concave Southerly, 35.99 | ||||||
13 | feet, the chord
of said curve bears South 67 degrees 53 | ||||||
14 | minutes 24 seconds West, 35.98 feet; thence
North 23 | ||||||
15 | degrees 25 minutes 11 seconds West, 13.00 feet to the | ||||||
16 | northerly line of said lot;
thence Northeasterly, on said | ||||||
17 | northerly line, being a 800.00 foot radius curve, concave
| ||||||
18 | Southerly, 36.58 feet, the chord of said curve bears North | ||||||
19 | 67 degrees 53 minutes 24
seconds East, 36.58 feet to the | ||||||
20 | Point of Beginning. | ||||||
21 | Said parcel containing 0.011 acre, more or less. | ||||||
22 | Route: 80th Avenue (CH 83) | ||||||
23 | Section: 06-00122-16-FP |
| |||||||
| |||||||
1 | County: Will | ||||||
2 | Job No.: R-55-001-97 | ||||||
3 | Parcel No.: 0015TE
Station 91+38.62 To Station 93+13.16 | ||||||
4 | Index No.: 19-09-02-204-003 | ||||||
5 | Parcel 0015TE | ||||||
6 | That part of Outlot A in Tinley Crossings Corporate Center | ||||||
7 | Unit 1, being a subdivision of
part of the North half of | ||||||
8 | Section 2, Township 35 North, Range 12 East of the Third | ||||||
9 | Principal
Meridian, according to the plat thereof recorded | ||||||
10 | October 16, 1998 as Document No. R98-
122885, all in Will | ||||||
11 | County, Illinois, bearings and distances based on the | ||||||
12 | Illinois State Plane
Coordinate System, East Zone, NAD 83 | ||||||
13 | (2011 Adjustment) with a combined scale factor of
| ||||||
14 | 0.9999641157 described as follows: | ||||||
15 | Beginning at the northeast corner of said Outlot A; thence | ||||||
16 | Southwesterly, on the southerly
line of said Outlot A, | ||||||
17 | being a 900.00 foot radius curve, concave Southeasterly, | ||||||
18 | 117.40 feet,
the chord of said curve bears South 65 | ||||||
19 | degrees 40 minutes 28 seconds West, 117.32 feet
to a point | ||||||
20 | of tangency in said southerly line; thence South 61 | ||||||
21 | degrees 56 minutes 15
seconds West, on said southerly | ||||||
22 | line, 63.70 feet; thence North 28 degrees 03 minutes 45
| ||||||
23 | seconds West, 9.00 feet to the northerly line of the |
| |||||||
| |||||||
1 | Southerly 9.00 feet of said Outlot A;
thence North 61 | ||||||
2 | degrees 56 minutes 15 seconds East, on said northerly | ||||||
3 | line, 63.70 feet to
a point of curvature; thence | ||||||
4 | Northeasterly, on a 909.00 foot radius curve, concave
| ||||||
5 | Southeasterly, 93.69 feet, the chord of said curve bears | ||||||
6 | North 64 degrees 53 minutes 25
seconds East, 93.65 feet to | ||||||
7 | the north line of said Outlot A; thence North 88 degrees 35
| ||||||
8 | minutes 58 seconds East, on said north line, 26.35 feet to | ||||||
9 | the Point of Beginning. | ||||||
10 | Said parcel containing 0.035 acre, more or less. | ||||||
11 | (b) This Section is repealed April 2, 2024 ( 3 years after | ||||||
12 | the effective
date of Public Act 101-665) this amendatory Act | ||||||
13 | of the 101st General Assembly .
| ||||||
14 | (Source: P.A. 101-665, eff. 4-2-21; revised 11-18-21.)
| ||||||
15 | (735 ILCS 30/25-5-85)
| ||||||
16 | (Section scheduled to be repealed on July 9, 2024) | ||||||
17 | Sec. 25-5-85 25-5-80 . Quick-take; City of Woodstock; | ||||||
18 | Madison Street, South Street, and Lake Avenue. | ||||||
19 | (a) Quick-take proceedings under Article 20 may be used | ||||||
20 | for a period of no more than 2 years after July 9, 2021 ( the | ||||||
21 | effective date of Public Act 102-53) this amendatory Act of | ||||||
22 | the 102nd General Assembly by the City of Woodstock for the | ||||||
23 | acquisition of the following described property for the | ||||||
24 | purpose of widening the right-of-way proximate to the |
| |||||||
| |||||||
1 | intersection of Madison Street, South Street, and Lake Avenue | ||||||
2 | to construct a traffic roundabout: | ||||||
3 | That part of the north 47.5 feet of the south 87.5 feet of | ||||||
4 | Lots 7 and 8 in Block 18 in the Original Town of Centerville, | ||||||
5 | now City of Woodstock, a subdivision of part of the Southwest | ||||||
6 | Quarter of Section 5, Township 44 North, Range 7 East of the | ||||||
7 | Third Principal Meridian, according to the plat recorded June | ||||||
8 | 10, 1844, in Book D of Deeds, page 201, in the City of | ||||||
9 | Woodstock, McHenry County, Illinois, described as follows | ||||||
10 | using bearings as referenced to Illinois State Plane | ||||||
11 | Coordinate System, East Zone North American Datum 1983 (2011 | ||||||
12 | Adjustment): | ||||||
13 | Commencing at a 5/8-inch iron pipe found at the southwest | ||||||
14 | corner of said Lot 7; thence North 0 degrees 22 minutes 24 | ||||||
15 | seconds West, 40.00 feet on the west line of said Lot 7 to the | ||||||
16 | south line of said north 47.5 feet of the south 87.5 feet of | ||||||
17 | Lots 7 and 8 for the Point of Beginning; thence North 89 | ||||||
18 | degrees 14 minutes 44 seconds East, 15.06 feet along said | ||||||
19 | south line; thence northwesterly, 27.31 feet on a curve to the | ||||||
20 | right having a radius of 69.42 feet, the chord of said curve | ||||||
21 | bears North 34 degrees 05 minutes 52 seconds West, 27.13 feet | ||||||
22 | to the aforesaid west line of Lot 7; thence South 0 degrees 22 | ||||||
23 | minutes 24 seconds East, 22.67 feet along said west line to the | ||||||
24 | Point of Beginning. |
| |||||||
| |||||||
1 | Said parcel containing 0.003 acre or 145 square feet, more | ||||||
2 | or less. | ||||||
3 | *** | ||||||
4 | The north 47.5 feet of the south 87.5 feet of Lots 7 and 8 | ||||||
5 | in Block 18 in the Original Town of Centerville, now City of | ||||||
6 | Woodstock, a subdivision of part of the Southwest Quarter of | ||||||
7 | Section 5, Township 44 North, Range 7 East of the Third | ||||||
8 | Principal Meridian, according to the plat recorded June 10, | ||||||
9 | 1844, in Book D of Deeds, page 201, situated in the County of | ||||||
10 | McHenry, in the State of Illinois, described as follows, using | ||||||
11 | bearings as referenced to Illinois State Plane Coordinate | ||||||
12 | System, East Zone North American Datum 1983 (2011 Adjustment): | ||||||
13 | Commencing at a 5/8-inch iron pipe found at the southwest | ||||||
14 | corner of said Lot 7; thence North 0 degrees 22 minutes 24 | ||||||
15 | seconds West, 62.67 feet along the west line of said Lot 7 to | ||||||
16 | the Point of Beginning; thence continuing North 0 degrees 22 | ||||||
17 | minutes 24 seconds West, 20.41 feet along said west line; | ||||||
18 | thence North 89 degrees 42 minutes 37 seconds East, 12.36 | ||||||
19 | feet; thence South 0 degrees 17 minutes 23 seconds East, 29.21 | ||||||
20 | feet; thence South 89 degrees 57 minutes 09 seconds East, | ||||||
21 | 26.25 feet; thence South 0 degrees 10 minutes 38 seconds West, | ||||||
22 | 13.45 feet to the south line of said 47.5 feet of the south |
| |||||||
| |||||||
1 | 87.5 feet of Lots 7 and 8; thence South 89 degrees 14 minutes | ||||||
2 | 44 seconds West, 23.38 feet along said south line; thence | ||||||
3 | northwesterly, 27.31 feet on a curve to the right, having a | ||||||
4 | radius of 69.42 feet, the chord of said curve bears North 34 | ||||||
5 | degrees 05 minutes 52 seconds West, 27.13 feet to the Point of | ||||||
6 | Beginning. | ||||||
7 | Said temporary easement containing 0.017 acre, more or | ||||||
8 | less. | ||||||
9 | *** | ||||||
10 | The south 40 feet of Lots 7 and 8 in Block 18 in the | ||||||
11 | Original Plat of Town of Centerville, now City of Woodstock, a | ||||||
12 | subdivision of part of the Southwest Quarter of Section 5, | ||||||
13 | Township 44 North, Range 7 East of the Third Principal | ||||||
14 | Meridian, according to the plat recorded June 10, 1844, in | ||||||
15 | Book D of Deeds, page 201, in the City of Woodstock, McHenry | ||||||
16 | County, Illinois. | ||||||
17 | Said parcel containing 0.110 acre, more or less. | ||||||
18 | *** | ||||||
19 | That part of Lot 204 of the Assessor's Plat of Section 8, | ||||||
20 | Township 44 North, Range 7 East of the Third Principal |
| |||||||
| |||||||
1 | Meridian described as follows, using bearings as referenced to | ||||||
2 | Illinois State Plane Coordinate System, East Zone North | ||||||
3 | American Datum 1983 (2011 Adjustment): | ||||||
4 | Beginning at the most westerly point of said Lot 204; | ||||||
5 | thence South 89 degrees 50 minutes 58 seconds East, 72.00 feet | ||||||
6 | along the north line of said Lot 204, said line also being the | ||||||
7 | south right-of-way line of East South Street; thence South 22 | ||||||
8 | degrees 00 minutes 17 seconds West, 47.64 feet to the | ||||||
9 | southwesterly line of said Lot 204, said line also being the | ||||||
10 | northeasterly right-of-way line of Lake Avenue; thence North | ||||||
11 | 50 degrees 40 minutes 20 seconds West, 70.00 feet along said | ||||||
12 | southwesterly line to the Point of Beginning. | ||||||
13 | Said parcel containing 0.036 acre, more or less. | ||||||
14 | (b) This Section is repealed July 9, 2024 ( 3 years after | ||||||
15 | the effective
date of Public Act 102-53) this amendatory Act | ||||||
16 | of the 102nd General Assembly .
| ||||||
17 | (Source: P.A. 102-53, eff. 7-9-21; revised 11-18-21.)
| ||||||
18 | (735 ILCS 30/25-5-90)
| ||||||
19 | (Section scheduled to be repealed on August 20, 2024) | ||||||
20 | Sec. 25-5-90 25-5-80 . Quick-take; Moultrie County; | ||||||
21 | Township Road 185A. | ||||||
22 | (a) Quick-take proceedings under Article 20 may be used |
| |||||||
| |||||||
1 | for a period of no more than 2 years after August 20, 2021 ( the | ||||||
2 | effective date of Public Act 102-564) this amendatory Act of | ||||||
3 | the 102nd General Assembly by Moultrie County for the | ||||||
4 | acquisition of the following described property for the | ||||||
5 | purpose of replacing a structure and constructing an | ||||||
6 | associated roadway on Township Road 185A: | ||||||
7 | A part of the Northeast Quarter of Section 11, | ||||||
8 | Township 12 North, Range 6 East of the Third Principal | ||||||
9 | Meridian located in Moultrie County, Illinois, more | ||||||
10 | particularly described as follows: | ||||||
11 | Commencing at the Southeast corner of the said | ||||||
12 | Northeast Quarter; thence North 88°48'50" West along the | ||||||
13 | South line of said Northeast Quarter, 966.15 feet to the | ||||||
14 | point of beginning; thence North 00°09'24" West, 13.14 | ||||||
15 | feet to the centerline of proposed improvement; thence | ||||||
16 | continuing North 00°09'24" West, 30.00 feet to a point | ||||||
17 | being 30 feet distant measured and perpendicular to the | ||||||
18 | North of said centerline; thence North 84°54'18" West, | ||||||
19 | 109.25 feet to a point being 40 feet distant measured and | ||||||
20 | perpendicular to and North of said centerline; thence | ||||||
21 | parallel with said centerline 169.29 feet along a circular | ||||||
22 | curve to the right having a chord bearing of North | ||||||
23 | 68°09'28" West with a chord length of 165.14 feet and a | ||||||
24 | radius of 220.12 feet; thence parallel with said | ||||||
25 | centerline North 46°09'33" West, 296.16 feet: thence | ||||||
26 | parallel with said centerline 73.65 feet along a circular |
| |||||||
| |||||||
1 | curve to the left having a chord bearing of North | ||||||
2 | 53°10'55" West with a chord length of 73.47 feet and a | ||||||
3 | radius of 300.44 feet to the South line of the North 70 | ||||||
4 | acres of the West Half of the said Northeast Quarter; | ||||||
5 | thence North 88°59'47" West along the South line of said | ||||||
6 | North 70 acres, 620.26 feet; thence South 01°25'31" East, | ||||||
7 | 29.21 feet to the existing South right-of-way line of the | ||||||
8 | East-West public road; thence South 82°37'17" East, 75.89 | ||||||
9 | feet to the point being 30 feet distant measured and | ||||||
10 | perpendicular to the South of the said centerline; thence | ||||||
11 | parallel with said centerline North 88°34'29" East, 100 | ||||||
12 | feet; thence South 63°13'29" East, 42.32 feet to a point | ||||||
13 | being 50 feet distant measured and perpendicular to and | ||||||
14 | South of the said centerline; thence parallel with said | ||||||
15 | centerline 109.31 feet along a circular curve to the right | ||||||
16 | having a chord bearing of South 89°44'30" East, with a | ||||||
17 | chord length of 109.29 feet and a radius of 1859.51 feet; | ||||||
18 | thence North 89°05'34" East,100.58 feet to a point being | ||||||
19 | 45 feet distant measured and perpendicular to and South of | ||||||
20 | said centerline; thence parallel with said centerline | ||||||
21 | South 88°03'29" East, 54.61 feet; thence parallel with | ||||||
22 | said centerline 157.54 feet along a circular curve to the | ||||||
23 | right having a chord bearing of South 67°06'30" East with | ||||||
24 | a chord length of 165.14 feet and a radius of 220.12 feet,; | ||||||
25 | thence parallel with said centerline South 46°09'33" East, | ||||||
26 | 79.94 feet; thence North 43°50'27" East, 5.00 feet to a |
| |||||||
| |||||||
1 | point being 40 feet distant measured and perpendicular to | ||||||
2 | and South of said centerline; thence parallel with said | ||||||
3 | centerline South 46°09'33" East, 161.15 feet to the West | ||||||
4 | line of Southeast Quarter of said Northeast Quarter; | ||||||
5 | thence South 01°05'23" East along the West line of said | ||||||
6 | Southeast Quarter of the Northeast Quarter, 87.37 feet to | ||||||
7 | the Southwest corner of said Southeast Quarter of the | ||||||
8 | Northeast Quarter; thence Easterly along the South line | ||||||
9 | said Northeast Quarter, 355.8 feet to the point of | ||||||
10 | beginning. | ||||||
11 | ALSO, | ||||||
12 | A part of the Northeast Quarter of Section 11, | ||||||
13 | Township 12 North, Range 6 East of the Third Principal | ||||||
14 | Meridian located in Moultrie County, Illinois, more | ||||||
15 | particularly described as follows: | ||||||
16 | Commencing at the Southeast corner of the said | ||||||
17 | Northeast Quarter; thence North 88°48'50" West along the | ||||||
18 | South line of said Northeast Quarter, 1319.84 feet; thence | ||||||
19 | North 01°11'10" East, 190.97 feet to a point being 40 feet | ||||||
20 | distant measured and perpendicular to and North of the | ||||||
21 | centerline of proposed improvement and the point of | ||||||
22 | beginning; thence North 43°50'27" East, 50.00 feet to a | ||||||
23 | point being 90 feet distant measured and perpendicular to | ||||||
24 | and North of said centerline: thence parallel with said | ||||||
25 | centerline North 46°09'33" West, 120.00 feet; thence South |
| |||||||
| |||||||
1 | 43°50'27" West, 50.00 feet to the proposed right-of-way | ||||||
2 | line of proposed improvement, said point being 40 feet | ||||||
3 | distant measured and perpendicular to and North of said | ||||||
4 | centerline; thence South 46°09'33" East along said | ||||||
5 | proposed right-of-way line, 120.00 feet to the point of | ||||||
6 | beginning. | ||||||
7 | ALSO, | ||||||
8 | A part of the Northeast Quarter of Section 11, | ||||||
9 | Township 12 North, Range 6 East of the Third Principal | ||||||
10 | Meridian located in Moultrie County, Illinois, more | ||||||
11 | particularly described as follows: | ||||||
12 | Commencing at the Southeast corner of the said | ||||||
13 | Northeast Quarter; thence North 88°48'50" West along the | ||||||
14 | South line of said Northeast Quarter, 1351.98 feet; thence | ||||||
15 | North 01°11'10" East, 111.80 feet to the proposed | ||||||
16 | right-of-way line of the proposed improvement, said point | ||||||
17 | being 40 feet distant measured and perpendicular to and | ||||||
18 | South of the centerline of proposed improvement and the | ||||||
19 | point of beginning; thence parallel with said centerline | ||||||
20 | North 46°09'33" West along said proposed right-of-way | ||||||
21 | line, 125.00 feet; thence South 43°50'27" West along said | ||||||
22 | proposed right-of-way line, 5.00 feet to a point being 45 | ||||||
23 | feet distant measured and perpendicular to and South of | ||||||
24 | said centerline; thence parallel with said centerline | ||||||
25 | North 46°09'33" West along said proposed right-of-way, |
| |||||||
| |||||||
1 | 25.00 feet; thence South 43°50'27" West. 35.00 feet to a | ||||||
2 | point being 80 feet distant measured and perpendicular to | ||||||
3 | and South of said centerline; thence parallel with said | ||||||
4 | centerline South 46°09'33" East, 150.00 feet; North | ||||||
5 | 43°50'27" East, 40.00 feet to the point of beginning. | ||||||
6 | ALSO, | ||||||
7 | A part of the Northeast Quarter of Section 11, | ||||||
8 | Township 12 North, Range 6 East of the Third Principal | ||||||
9 | Meridian located in Moultrie County, Illinois, more | ||||||
10 | particularly described as follows: | ||||||
11 | Commencing at the Southeast corner of the said | ||||||
12 | Northeast Quarter; thence North 88°48'50" West along the | ||||||
13 | South line of said Northeast Quarter, 1527.33 feet; thence | ||||||
14 | North 01°11'30" East, 264.11 feet to the proposed | ||||||
15 | right-of-way line of the proposed improvement, said point | ||||||
16 | being 45 feet distant measured and perpendicular to and | ||||||
17 | South of the centerline of proposed improvement and the | ||||||
18 | point of beginning; thence parallel with said centerline | ||||||
19 | 73.33 feet along a circular curve to the left having a | ||||||
20 | chord bearing of North 63°12'22" West with a chord length | ||||||
21 | of 72.94 feet and a radius of 215.44 feet; thence South | ||||||
22 | 17°06'20" West, 35.00 feet to a point being 80 feet | ||||||
23 | distant measured and perpendicular to and South of said | ||||||
24 | centerline; thence parallel with said centerline 61.41 | ||||||
25 | feet along a circular curve to the right having a chord |
| |||||||
| |||||||
1 | bearing of South 63°08'38" East with a chord length of | ||||||
2 | 61.12 feet and a radius of 180.44 feet; thence North | ||||||
3 | 36°36'25" East, 35.00 feet to the point of beginning. | ||||||
4 | (b) This Section is repealed August 20, 2024 ( 3 years | ||||||
5 | after the effective
date of Public Act 102-564) this | ||||||
6 | amendatory Act of the 102nd General Assembly .
| ||||||
7 | (Source: P.A. 102-564, eff. 8-20-21; revised 11-18-21.)
| ||||||
8 | (735 ILCS 30/25-5-95)
| ||||||
9 | (Section scheduled to be repealed on August 27, 2023) | ||||||
10 | Sec. 25-5-95 25-5-80 . Quick-take; City of Decatur; Brush | ||||||
11 | College Road. | ||||||
12 | (a) Quick-take proceedings under Article 20 may be used | ||||||
13 | for a period of one year after August 27, 2021 ( the effective | ||||||
14 | date of Public Act 102-624) this amendatory Act of the 102nd | ||||||
15 | General Assembly by the City of Decatur and Macon County for | ||||||
16 | the acquisition of the following described property for the | ||||||
17 | purpose of obtaining the necessary right-of-way for the | ||||||
18 | construction of a grade separation of Brush College Road over | ||||||
19 | Faries Parkway and the Norfolk Southern Railroad in Decatur, | ||||||
20 | Illinois. | ||||||
21 | PARCEL 57b | ||||||
22 | A part of the East 108.9 feet of Lot One (1) of Westlake | ||||||
23 | 2nd Addition of Outlots to the City of Decatur, Illinois, | ||||||
24 | per Plat recorded in Book 335, Page 591 of the Records in |
| |||||||
| |||||||
1 | the Recorder's Office of Macon County, Illinois and | ||||||
2 | described as follows: | ||||||
3 | Commencing at an Illinois Department of Transportation | ||||||
4 | Vault found at the northwest corner of Section 8, Township | ||||||
5 | 16 North, Range 3 East of the Third Principal Meridian per | ||||||
6 | Monument Record recorded as Document 1894076 of the | ||||||
7 | records aforesaid; thence, along bearings reference to the | ||||||
8 | Illinois State Plane Coordinate System, NAD83 (2011 | ||||||
9 | Adjustment), East Zone, North 89 degrees 06 minutes 39 | ||||||
10 | seconds East 1204.57 feet, along the north line of the | ||||||
11 | Northwest Quarter of said Section 8; thence South 0 | ||||||
12 | degrees 11 minutes 07 seconds East 7.33 feet to the | ||||||
13 | intersection of the west line of the East 108.9 feet of | ||||||
14 | said Lot One (1) with the north line of said Lot One (1) | ||||||
15 | and the Point of Beginning; thence North 87 degrees 53 | ||||||
16 | minutes 06 seconds East 108.90 feet, along said north | ||||||
17 | line, also being the existing south right of way line of | ||||||
18 | East Faries Parkway per said Book 335, Page 591, to the | ||||||
19 | northeast corner of said Lot One (1); thence South 0 | ||||||
20 | degrees 11 minutes 07 seconds East 389.96 feet, along the | ||||||
21 | east line of said Lot One (1), to the southeast corner of | ||||||
22 | said Lot One (1); thence South 87 degrees 53 minutes 21 | ||||||
23 | seconds West 108.90 feet, along the south line of said Lot | ||||||
24 | One (1), also being the existing north right of way line of | ||||||
25 | East Logan Street per said Book 335, Page 591, to the |
| |||||||
| |||||||
1 | southwest corner of the East 108.9 feet of said Lot One | ||||||
2 | (1); thence North 0 degrees 11 minutes 07 seconds West | ||||||
3 | 34.92 feet along the west line of the East 108.9 feet of | ||||||
4 | said Lot One (1); thence North 42 degrees 59 minutes 54 | ||||||
5 | seconds East 85.21 feet; thence North 02 degrees 28 | ||||||
6 | minutes 18 seconds East 182.00 feet; thence North 33 | ||||||
7 | degrees 26 minutes 49 seconds West 88.33 feet; thence | ||||||
8 | South 83 degrees 08 minutes 31 seconds West 18.43 feet to | ||||||
9 | the west line of the East 108.9 feet of said Lot One (1); | ||||||
10 | thence North 0 degrees 11 minutes 07 seconds West 39.38 | ||||||
11 | feet, along said west line, to the Point of Beginning. | ||||||
12 | Said parcel contains 0.600 acres, more or less. | ||||||
13 | Temporary Construction Easement | ||||||
14 | A part of the East 108.9 feet of Lot One (1) of Westlake | ||||||
15 | 2nd Addition of Outlots to the City of Decatur, Illinois, | ||||||
16 | per Plat recorded in Book 335, Page 591 of the Records in | ||||||
17 | the Recorder's Office of Macon County, Illinois and | ||||||
18 | described as follows: | ||||||
19 | Commencing at an Illinois Department of Transportation | ||||||
20 | Vault found at the northwest corner of Section 8, Township | ||||||
21 | 16 North, Range 3 East of the Third Principal Meridian per | ||||||
22 | Monument Record recorded as Document 1894076 of the | ||||||
23 | records aforesaid; thence, along bearings reference to the | ||||||
24 | Illinois State Plane Coordinate System, NAD83 (2011 |
| |||||||
| |||||||
1 | Adjustment), East Zone, North 89 degrees 06 minutes 39 | ||||||
2 | seconds East 1204.57 feet, along the north line of the | ||||||
3 | Northwest Quarter of said Section 8, to the intersection | ||||||
4 | of the northerly extension of the west line of the East | ||||||
5 | 108.9 feet of said Lot One (1) with said north line; thence | ||||||
6 | South 0 degrees 11 minutes 07 seconds East 46.71 feet | ||||||
7 | along said northerly extension and said west line; thence | ||||||
8 | North 83 degrees 08 minutes 31 seconds East 18.43 feet; | ||||||
9 | thence South 33 degrees 26 minutes 49 seconds East 12.23 | ||||||
10 | feet to the Point of Beginning; thence continue South 33 | ||||||
11 | degrees 26 minutes 49 seconds East 41.57 feet; thence | ||||||
12 | North 89 degrees 34 minutes 37 seconds West 23.33 feet; | ||||||
13 | thence North 0 degrees 41 minutes 26 seconds East 34.52 | ||||||
14 | feet to the Point of Beginning. Said parcel contains 0.009 | ||||||
15 | acres (403 square feet), more or less. | ||||||
16 | PARCEL 57a | ||||||
17 | A part of the East one half of the West 446.77 feet of the | ||||||
18 | East 1003.67 feet of Lot One (1) and a part of the West 224 | ||||||
19 | feet of the East 556.9 feet of Lot One (1) all of Westlake | ||||||
20 | 2nd Addition of Outlots to the City of Decatur, Illinois, | ||||||
21 | per Plat recorded in Book 335, Page 591 of the Records in | ||||||
22 | the Recorder's Office of Macon County, Illinois and | ||||||
23 | described as follows: | ||||||
24 | Commencing at an Illinois Department of Transportation |
| |||||||
| |||||||
1 | Vault found at the northwest corner of Section 8, Township | ||||||
2 | 16 North, Range 3 East of the Third Principal Meridian per | ||||||
3 | Monument Record recorded as Document 1894076 of the | ||||||
4 | records aforesaid; thence, along bearings reference to the | ||||||
5 | Illinois State Plane Coordinate System, NAD83 (2011 | ||||||
6 | Adjustment), East Zone, North 89 degrees 06 minutes 39 | ||||||
7 | seconds East 533.51 feet, along the north line of the | ||||||
8 | Northwest Quarter of said Section 8; thence South 0 | ||||||
9 | degrees 11 minutes 07 seconds East 36.17 feet to the | ||||||
10 | intersection of the west line of the East one half of the | ||||||
11 | West 446.77 feet of the East 1003.67 feet of said Lot One | ||||||
12 | (1) with the existing south right of way line of East | ||||||
13 | Faries Parkway per Book 2515, Page 103 of the records | ||||||
14 | aforesaid and the Point of Beginning; thence North 81 | ||||||
15 | degrees 39 minutes 51 seconds East 16.50 feet along said | ||||||
16 | existing right of way line; thence North 84 degrees 23 | ||||||
17 | minutes 14 seconds East 207.86 feet, along said existing | ||||||
18 | right of way line, to intersection of the north line of | ||||||
19 | said Lot One (1) with the west line of the East 556.9 feet | ||||||
20 | of said Lot One (1); thence North 87 degrees 53 minutes 06 | ||||||
21 | seconds East 224.00 feet, along said north line, also | ||||||
22 | being the existing south right of way line of East Faries | ||||||
23 | Parkway per said Book 335, Page 591, to the east line of | ||||||
24 | the West 224 feet of the East 556.9 feet of said Lot One | ||||||
25 | (1); thence South 0 degrees 11 minutes 07 seconds East | ||||||
26 | 58.03 feet along said east line; thence South 83 degrees |
| |||||||
| |||||||
1 | 08 minutes 31 seconds West 145.41 feet; thence South 86 | ||||||
2 | degrees 40 minutes 37 seconds West 208.00 feet; thence | ||||||
3 | South 58 degrees 45 minutes 06 seconds West 110.93 feet to | ||||||
4 | the west line of the East one half of the West 446.77 feet | ||||||
5 | of the East 1003.67 feet of said Lot One (1); thence North | ||||||
6 | 0 degrees 11 minutes 07 seconds West 114.00 feet, along | ||||||
7 | said west line, to the Point of Beginning. Said parcel | ||||||
8 | contains 0.743 acres, more or less. | ||||||
9 | Temporary Construction Easement | ||||||
10 | A part of the West 224 feet of the East 556.9 feet of Lot | ||||||
11 | One (1) of Westlake 2nd Addition of Outlots to the City of | ||||||
12 | Decatur, Illinois, per Plat recorded in Book 335, Page 591 | ||||||
13 | of the Records in the Recorder's Office of Macon County, | ||||||
14 | Illinois and described as follows: | ||||||
15 | Commencing at an Illinois Department of Transportation | ||||||
16 | Vault found at the northwest corner of Section 8, Township | ||||||
17 | 16 North, Range 3 East of the Third Principal Meridian per | ||||||
18 | Monument Record recorded as Document 1894076 of the | ||||||
19 | records aforesaid; thence, along bearings reference to the | ||||||
20 | Illinois State Plane Coordinate System, NAD83 (2011 | ||||||
21 | Adjustment), East Zone, North 89 degrees 06 minutes 39 | ||||||
22 | seconds East 533.51 feet, along the north line of the | ||||||
23 | Northwest Quarter of said Section 8, to the intersection | ||||||
24 | of the northerly extension of the west line of the East one |
| |||||||
| |||||||
1 | half of the West 446.77 feet of the East 1003.67 feet of | ||||||
2 | said Lot One (1) with said north line; thence South 0 | ||||||
3 | degrees 11 minutes 07 seconds East 150.17 feet along said | ||||||
4 | northerly extension and said west line; thence North 58 | ||||||
5 | degrees 45 minutes 06 seconds East 110.93 feet; thence | ||||||
6 | North 86 degrees 40 minutes 37 seconds East 208.00 feet to | ||||||
7 | the Point of Beginning; thence North 83 degrees 08 minutes | ||||||
8 | 31 seconds East 91.78 feet; thence South 2 degrees 02 | ||||||
9 | minutes 57 seconds East 5.66 feet; thence South 86 degrees | ||||||
10 | 40 minutes 37 seconds West 91.48 feet to the Point of | ||||||
11 | Beginning. Said parcel contains 0.006 acres (259 square | ||||||
12 | feet), more or less. | ||||||
13 | PARCEL 39 | ||||||
14 | Lot 8 of Westlake 2nd Addition of Outlots to the City of | ||||||
15 | Decatur, as per Plat recorded in Book 335, Page 591 of the | ||||||
16 | Records in the Recorder's Office of Macon County, Illinois | ||||||
17 | also known as 1880 North Brush College Road. | ||||||
18 | (b) This Section is repealed August 27, 2023 ( 2 years | ||||||
19 | after the effective date of Public Act 102-624) this | ||||||
20 | amendatory Act of the 102nd General Assembly .
| ||||||
21 | (Source: P.A. 102-624, eff. 8-27-21; revised 11-18-21.)
| ||||||
22 | Section 685. The Illinois Marriage and Dissolution of | ||||||
23 | Marriage Act is amended by setting forth and renumbering |
| |||||||
| |||||||
1 | multiple versions of Section 221 as follows: | ||||||
2 | (750 ILCS 5/221) | ||||||
3 | Sec. 221. Name change on marriage certificate. For a | ||||||
4 | person married in any county in this State, the county clerk | ||||||
5 | shall issue a new marriage certificate when it receives legal | ||||||
6 | documentation indicating that one of the parties listed on the | ||||||
7 | certificate has legally changed names. An order for name | ||||||
8 | change issued pursuant to Section 21-101 of the Code of Civil | ||||||
9 | Procedure shall be the only legal documentation that a county | ||||||
10 | clerk may require. The new marriage certificate shall reflect | ||||||
11 | the legal name change and shall bear no additional markings.
| ||||||
12 | (Source: P.A. 102-169, eff. 7-27-21.)
| ||||||
13 | (750 ILCS 5/222)
| ||||||
14 | Sec. 222 221 . Request for changing or removing gender | ||||||
15 | identifying language on a marriage certificate. | ||||||
16 | (a) Upon completion of an affidavit provided by the county | ||||||
17 | clerk and confirmation of identity, a person, still currently | ||||||
18 | married, may request a certificate of the person's current | ||||||
19 | marriage free of any gender identifying language. The person | ||||||
20 | may request a change from terms such as "bride" and "groom" to | ||||||
21 | a nongendered term such as "spouse" or a variant of "Spouse 1" | ||||||
22 | or "Spouse A". Upon such request, both parties shall be listed | ||||||
23 | with a nongendered identifier on a certificate. The request | ||||||
24 | shall not permanently change the gender identifying language |
| |||||||
| |||||||
1 | in the clerk's records, and the affidavit and issuance shall | ||||||
2 | be kept in the permanent records of the clerk. | ||||||
3 | The affidavit shall be created by the county clerk, may | ||||||
4 | appear on a combined form with the form under subsection (b), | ||||||
5 | and shall be substantially as follows: | ||||||
6 | REQUEST FOR NONGENDERED COPY OF A MARRIAGE CERTIFICATE | ||||||
7 | I, .........., state that I am a named spouse on a | ||||||
8 | marriage license held in this office, that I am still | ||||||
9 | married to the other named spouse on that marriage license | ||||||
10 | as of the date of this request, and hereby request the | ||||||
11 | holder of this record provide me, and only me, with a | ||||||
12 | marriage certificate with any gender-identifying language | ||||||
13 | removed or changed to "spouse". I affirm that this change | ||||||
14 | is for purposes of this certified copy, the change will | ||||||
15 | not be made to permanent records, and a record of this | ||||||
16 | request shall be held by the holder of this marriage | ||||||
17 | record. | ||||||
18 | Date.......... | ||||||
19 | Signature.......... | ||||||
20 | (b) If 2 parties currently married request a marriage | ||||||
21 | certificate with gender identifiers changed, such as "bride" | ||||||
22 | to "groom" or "groom" to "bride", both parties shall appear | ||||||
23 | before the clerk, indicate consent, and complete an affidavit. | ||||||
24 | If the clerk is technologically able and the parties desire, | ||||||
25 | the change in gender is permanent. | ||||||
26 | The affidavit shall be created by the county clerk, may |
| |||||||
| |||||||
1 | appear on a combined form with the form under subsection (a), | ||||||
2 | and shall be substantially as follows: | ||||||
3 | REQUEST FOR NONGENDERED COPY OF A MARRIAGE CERTIFICATE | ||||||
4 | We, ..........[Spouse A] and ..........[Spouse B], the | ||||||
5 | still-married named persons on a marriage license held in | ||||||
6 | this office as of the date of this request, hereby request | ||||||
7 | the holder of this record to provide a marriage | ||||||
8 | certificate with gender-identifying terms such as "bride" | ||||||
9 | and "groom" changed as follows: | ||||||
10 | ..........[Name of Spouse A] Bride, Groom, or Spouse | ||||||
11 | (select one). | ||||||
12 | ..........[Name of Spouse B] Bride, Groom, or Spouse | ||||||
13 | (select one). | ||||||
14 | We affirm that this change is for purposes of this | ||||||
15 | certified copy, and the change will not be made to | ||||||
16 | permanent records, unless indicated by selecting Yes or No | ||||||
17 | (select one) and a record of this request shall be held by | ||||||
18 | the holder of this marriage record. | ||||||
19 | Date.......... | ||||||
20 | Signature of Spouse A.......... | ||||||
21 | Signature of Spouse B.......... | ||||||
22 | (c) If a county provides a certified record, photocopy, or | ||||||
23 | reproduction of an original record in lieu of a summary data | ||||||
24 | sheet, the county clerk shall work with the Department of | ||||||
25 | Public Health to develop a new certificate that can be issued | ||||||
26 | in lieu of a reproduction of the prior record. Nothing in this |
| |||||||
| |||||||
1 | subsection authorizes the county clerk to permanently mark or | ||||||
2 | deface a prior record in lieu of a summary data sheet | ||||||
3 | certificate. | ||||||
4 | (d) When a clerk issues a nongendered marriage certificate | ||||||
5 | under subsection (a), the certificate shall not include any | ||||||
6 | language indicating it has been amended nor that it is not a | ||||||
7 | true and accurate record of the facts stated therein.
| ||||||
8 | (Source: P.A. 102-171, eff. 1-1-22; revised 11-18-21.)
| ||||||
9 | Section 690. The Illinois Domestic Violence Act of 1986 is | ||||||
10 | amended by changing Section 301 as follows:
| ||||||
11 | (750 ILCS 60/301) (from Ch. 40, par. 2313-1)
| ||||||
12 | (Text of Section before amendment by P.A. 101-652 ) | ||||||
13 | Sec. 301. Arrest without warrant.
| ||||||
14 | (a) Any law enforcement officer may
make an arrest without
| ||||||
15 | warrant if the officer has probable cause to believe that the | ||||||
16 | person has
committed or is committing any crime, including but | ||||||
17 | not limited to
violation of an order of protection, under | ||||||
18 | Section 12-3.4 or 12-30 of the Criminal
Code of 1961 or the | ||||||
19 | Criminal Code of 2012, even if the crime was not committed in | ||||||
20 | the presence of the
officer.
| ||||||
21 | (b) The law enforcement officer may verify the existence | ||||||
22 | of an order of
protection by telephone or radio communication | ||||||
23 | with his or her law enforcement
agency or by referring to the | ||||||
24 | copy of the order, or order of protection described on a Hope |
| |||||||
| |||||||
1 | Card under Section 219.5, provided by the petitioner
or | ||||||
2 | respondent.
| ||||||
3 | (c) Any law enforcement officer may make an arrest without | ||||||
4 | warrant if the
officer has reasonable grounds to believe a | ||||||
5 | defendant at liberty under
the provisions of subdivision | ||||||
6 | (d)(1) or (d)(2) of Section 110-10 of the Code of
Criminal | ||||||
7 | Procedure of 1963 has violated a condition of
his or her bail | ||||||
8 | bond or recognizance.
| ||||||
9 | (Source: P.A. 102-481, eff. 1-1-22.) | ||||||
10 | (Text of Section after amendment by P.A. 101-652 )
| ||||||
11 | Sec. 301. Arrest without warrant.
| ||||||
12 | (a) Any law enforcement officer may
make an arrest without
| ||||||
13 | warrant if the officer has probable cause to believe that the | ||||||
14 | person has
committed or is committing any crime, including but | ||||||
15 | not limited to
violation of an order of protection, under | ||||||
16 | Section 12-3.4 or 12-30 of the Criminal
Code of 1961 or the | ||||||
17 | Criminal Code of 2012, even if the crime was not committed in | ||||||
18 | the presence of the
officer.
| ||||||
19 | (b) The law enforcement officer may verify the existence | ||||||
20 | of an order of
protection by telephone or radio communication | ||||||
21 | with his or her law enforcement
agency or by referring to the | ||||||
22 | copy of the order, or order of protection described on a Hope | ||||||
23 | Card under Section 219.5, provided by the petitioner
or | ||||||
24 | respondent.
| ||||||
25 | (c) Any law enforcement officer may make an arrest without |
| |||||||
| |||||||
1 | warrant if the
officer has reasonable grounds to believe a | ||||||
2 | defendant at liberty under
the provisions of subdivision | ||||||
3 | (d)(1) or (d)(2) of Section 110-10 of the Code of
Criminal | ||||||
4 | Procedure of 1963 has violated a condition of
his or her | ||||||
5 | pretrial release or recognizance.
| ||||||
6 | (Source: P.A. 101-652, eff. 1-1-23; 102-481, eff. 1-1-22; | ||||||
7 | revised 10-14-21.) | ||||||
8 | Section 695. The Probate Act of 1975 is amended by | ||||||
9 | changing Sections 11a-2, 11a-10, and 11a-17 as follows:
| ||||||
10 | (755 ILCS 5/11a-2) (from Ch. 110 1/2, par. 11a-2)
| ||||||
11 | Sec. 11a-2. "Person with a disability" defined. ) "Person | ||||||
12 | with a disability" means a person
18 years or older who (a) | ||||||
13 | because of mental deterioration or physical
incapacity is not | ||||||
14 | fully able to manage his person or estate, or (b) is a person
| ||||||
15 | with mental illness or a person with a developmental | ||||||
16 | disability and who because
of his mental illness or | ||||||
17 | developmental disability is not fully able to manage
his | ||||||
18 | person or estate, or (c) because of gambling, idleness, | ||||||
19 | debauchery , or
excessive use of intoxicants or drugs, so | ||||||
20 | spends or wastes his estate as to
expose himself or his family | ||||||
21 | to want or suffering, or (d) is diagnosed with fetal alcohol | ||||||
22 | syndrome or fetal alcohol effects.
| ||||||
23 | (Source: P.A. 99-143, eff. 7-27-15; revised 11-24-21.)
|
| |||||||
| |||||||
1 | (755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
| ||||||
2 | Sec. 11a-10. Procedures preliminary to hearing.
| ||||||
3 | (a) Upon the filing of a petition pursuant to Section | ||||||
4 | 11a-8, the court shall
set a date and place for hearing to take | ||||||
5 | place within 30 days. The court
shall appoint a guardian ad | ||||||
6 | litem to report to the court concerning the
respondent's best | ||||||
7 | interests consistent with the provisions of this Section,
| ||||||
8 | except that
the appointment of a guardian ad litem shall not be | ||||||
9 | required when
the court determines that such appointment is | ||||||
10 | not necessary for the protection
of the respondent or a | ||||||
11 | reasonably informed decision on the petition.
If the guardian | ||||||
12 | ad litem is not a licensed attorney, he or she shall be
| ||||||
13 | qualified,
by
training or experience, to work with or advocate | ||||||
14 | for persons with developmental disabilities, the mentally ill, | ||||||
15 | persons with physical disabilities, the elderly, or persons | ||||||
16 | with a disability due to mental deterioration, depending on | ||||||
17 | the type of disability that is
alleged in the petition.
The | ||||||
18 | court may allow the guardian ad litem reasonable compensation. | ||||||
19 | The
guardian ad litem may consult with a person who by training | ||||||
20 | or experience is
qualified to work with persons with a | ||||||
21 | developmental disability, persons with
mental illness, persons | ||||||
22 | with physical disabilities, or persons with a disability due | ||||||
23 | to
mental deterioration, depending on the type of disability | ||||||
24 | that is alleged.
The guardian ad litem shall personally | ||||||
25 | observe the respondent prior to the
hearing and shall inform
| ||||||
26 | him orally and in writing of the contents of the petition and |
| |||||||
| |||||||
1 | of his rights, including providing a copy of the notice of | ||||||
2 | rights required under subsection (e).
The guardian ad litem | ||||||
3 | shall also attempt to elicit the respondent's position
| ||||||
4 | concerning the adjudication of disability, the proposed | ||||||
5 | guardian, a proposed
change in residential placement, changes | ||||||
6 | in care that might result from the
guardianship, and other | ||||||
7 | areas of inquiry deemed appropriate by the court.
| ||||||
8 | Notwithstanding any provision in the Mental Health and | ||||||
9 | Developmental Disabilities Confidentiality Act or any other | ||||||
10 | law, a guardian ad litem shall have the right to inspect and | ||||||
11 | copy any medical or mental health record of the respondent | ||||||
12 | which the guardian ad litem deems necessary, provided that the | ||||||
13 | information so disclosed shall not be utilized for any other | ||||||
14 | purpose nor be redisclosed except in connection with the | ||||||
15 | proceedings. At or before the hearing, the guardian ad litem | ||||||
16 | shall file a written report
detailing his or her observations | ||||||
17 | of the respondent, the responses of the
respondent to any of | ||||||
18 | the inquiries detailed in this Section, the opinion of the
| ||||||
19 | guardian
ad litem or other professionals with whom the | ||||||
20 | guardian ad litem consulted
concerning the appropriateness of | ||||||
21 | guardianship, and any other material issue
discovered by the | ||||||
22 | guardian ad litem. The guardian ad litem shall appear at the
| ||||||
23 | hearing and testify as to any issues presented in his or her | ||||||
24 | report.
| ||||||
25 | (b) The court (1) may appoint counsel for the respondent, | ||||||
26 | if the court finds
that the interests of the respondent will be |
| |||||||
| |||||||
1 | best served by the appointment,
and (2) shall appoint counsel | ||||||
2 | upon the respondent's request or if the respondent
takes a | ||||||
3 | position adverse to that of the guardian ad litem. The | ||||||
4 | respondent
shall be permitted to obtain the appointment of | ||||||
5 | counsel either at the hearing
or by any written or oral request | ||||||
6 | communicated to the court prior to the
hearing. The summons | ||||||
7 | shall inform the respondent of this right to obtain
appointed | ||||||
8 | counsel. The court may allow counsel for the respondent | ||||||
9 | reasonable
compensation.
| ||||||
10 | (c) The allocation of guardian ad litem fees and costs is | ||||||
11 | within the discretion of the court. No legal fees, appointed | ||||||
12 | counsel fees, guardian ad litem fees, or costs shall be | ||||||
13 | assessed against the Office of the State Guardian, the public | ||||||
14 | guardian, an adult protective services agency, the Department | ||||||
15 | of Children and Family Services, or the agency designated by | ||||||
16 | the Governor under Section 1 of the Protection and Advocacy | ||||||
17 | for Persons with Developmental Disabilities Act.
| ||||||
18 | (d) The hearing may be held at such convenient place as the | ||||||
19 | court directs,
including at a facility in which the respondent | ||||||
20 | resides.
| ||||||
21 | (e) Unless he is the petitioner, the respondent shall be | ||||||
22 | personally
served with a copy of the petition and a summons not | ||||||
23 | less than 14 days
before the hearing.
The summons shall be | ||||||
24 | printed in large, bold type and shall include the
following:
| ||||||
25 | NOTICE OF RIGHTS OF RESPONDENT
| ||||||
26 | You have been named as a respondent in a guardianship |
| |||||||
| |||||||
1 | petition asking that
you be declared a person with a | ||||||
2 | disability. If the court grants the petition, a
guardian will | ||||||
3 | be appointed for you. A copy of the guardianship petition is
| ||||||
4 | attached for your convenience.
| ||||||
5 | The date and time of the hearing are:
| ||||||
6 | The place where the hearing will occur is:
| ||||||
7 | The Judge's name and phone number is:
| ||||||
8 | If a guardian is appointed for you, the guardian may be | ||||||
9 | given the right to
make all
important personal decisions for | ||||||
10 | you, such as where you may live, what medical
treatment you may | ||||||
11 | receive, what places you may visit, and who may visit you. A
| ||||||
12 | guardian may also be given the right to control and manage your | ||||||
13 | money and other
property, including your home, if you own one. | ||||||
14 | You may lose the right to make
these decisions for yourself.
| ||||||
15 | You have the following legal rights:
| ||||||
16 | (1) You have the right to be present at the court | ||||||
17 | hearing.
| ||||||
18 | (2) You have the right to be represented by a lawyer, | ||||||
19 | either one that you
retain, or one appointed by the Judge.
| ||||||
20 | (3) You have the right to ask for a jury of six persons | ||||||
21 | to hear your case.
| ||||||
22 | (4) You have the right to present evidence to the | ||||||
23 | court and to confront
and
cross-examine witnesses.
| ||||||
24 | (5) You have the right to ask the Judge to appoint an | ||||||
25 | independent expert
to examine you and give an opinion | ||||||
26 | about your need for a guardian.
|
| |||||||
| |||||||
1 | (6) You have the right to ask that the court hearing be | ||||||
2 | closed to the
public.
| ||||||
3 | (7) You have the right to tell the court whom you | ||||||
4 | prefer to have for your
guardian.
| ||||||
5 | (8) You have the right to ask a judge to find that | ||||||
6 | although you lack some capacity to make your own | ||||||
7 | decisions, you can make other decisions, and therefore it | ||||||
8 | is best for the court to appoint only a limited guardian | ||||||
9 | for you. | ||||||
10 | You do not have to attend the court hearing if you do not | ||||||
11 | want to be there.
If you do not attend, the Judge may appoint a | ||||||
12 | guardian if the Judge finds that
a guardian would be of benefit | ||||||
13 | to you. The hearing will not be postponed or
canceled if you do | ||||||
14 | not attend. If you are unable to attend the hearing in person | ||||||
15 | or you will suffer harm if you attend, the Judge can decide to | ||||||
16 | hold the hearing at a place that is convenient. The Judge can | ||||||
17 | also follow the rule of the Supreme Court of this State, or its | ||||||
18 | local equivalent, and decide if a video conference is | ||||||
19 | appropriate.
| ||||||
20 | IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO | ||||||
21 | NOT WANT A
GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE | ||||||
22 | PERSON NAMED IN THE GUARDIANSHIP
PETITION TO BE YOUR GUARDIAN. | ||||||
23 | IF YOU DO NOT WANT A GUARDIAN OR IF YOU HAVE ANY
OTHER | ||||||
24 | PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND | ||||||
25 | TELL THE
JUDGE.
| ||||||
26 | Service of summons and the petition may be made by a |
| |||||||
| |||||||
1 | private person 18
years
of
age or over who is not a party to | ||||||
2 | the action.
| ||||||
3 | [END OF FORM] . | ||||||
4 | (f) Notice of the time and place of the hearing shall be | ||||||
5 | given by the
petitioner by mail or in person to those persons, | ||||||
6 | including the proposed
guardian, whose names and addresses
| ||||||
7 | appear in the petition and who do not waive notice, not less | ||||||
8 | than 14 days
before the hearing.
| ||||||
9 | (Source: P.A. 102-72, eff. 1-1-22; 102-191, eff. 1-1-22; | ||||||
10 | revised 9-22-21.)
| ||||||
11 | (755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)
| ||||||
12 | Sec. 11a-17. Duties of personal guardian.
| ||||||
13 | (a) To the extent ordered by the court and under the | ||||||
14 | direction of the
court, the guardian of the person shall have | ||||||
15 | custody of the ward and the
ward's minor and adult dependent | ||||||
16 | children and shall procure for them and shall
make provision | ||||||
17 | for their support, care, comfort, health, education and
| ||||||
18 | maintenance, and professional services as are appropriate, but | ||||||
19 | the ward's
spouse may not be deprived of the custody and | ||||||
20 | education of the ward's minor
and adult dependent children, | ||||||
21 | without the consent of the spouse, unless the
court finds that | ||||||
22 | the spouse is not a fit and competent person to have that
| ||||||
23 | custody and education. The guardian shall assist the ward in | ||||||
24 | the
development of maximum self-reliance and independence. The | ||||||
25 | guardian of the
person may petition the court for an order |
| |||||||
| |||||||
1 | directing the guardian of the
estate to pay an amount | ||||||
2 | periodically for the provision of the services
specified by | ||||||
3 | the court order. If the ward's estate is insufficient to
| ||||||
4 | provide for education and the guardian of the ward's person | ||||||
5 | fails to
provide education, the court may award the custody of | ||||||
6 | the ward to some
other person for the purpose of providing | ||||||
7 | education. If a person makes a
settlement upon or provision | ||||||
8 | for the support or education of a ward, the
court may make an | ||||||
9 | order for the visitation of the ward by the person making
the | ||||||
10 | settlement or provision as the court deems proper. A guardian | ||||||
11 | of the person may not admit a ward to a mental health facility | ||||||
12 | except at the ward's request as provided in Article IV of the | ||||||
13 | Mental Health and Developmental Disabilities Code and unless | ||||||
14 | the ward has the capacity to consent to such admission as | ||||||
15 | provided in Article IV of the Mental Health and Developmental | ||||||
16 | Disabilities Code.
| ||||||
17 | (a-3) If a guardian of an estate has not been appointed, | ||||||
18 | the guardian of the person may, without an order of court, | ||||||
19 | open, maintain, and transfer funds to an ABLE account on | ||||||
20 | behalf of the ward and the ward's minor and adult dependent | ||||||
21 | children as specified under Section 16.6 of the State | ||||||
22 | Treasurer Act. | ||||||
23 | (a-5) If the ward filed a petition for dissolution of | ||||||
24 | marriage under the
Illinois
Marriage and Dissolution of | ||||||
25 | Marriage Act before the ward was adjudicated a
person with a | ||||||
26 | disability under this Article, the guardian of the ward's |
| |||||||
| |||||||
1 | person and estate may
maintain that
action for
dissolution of | ||||||
2 | marriage on behalf of the ward. Upon petition by the guardian | ||||||
3 | of the ward's person or estate, the court may authorize and | ||||||
4 | direct a guardian of the ward's person or estate to file a | ||||||
5 | petition for dissolution of marriage or to file a petition for | ||||||
6 | legal separation or declaration of invalidity of marriage | ||||||
7 | under the Illinois Marriage and Dissolution of Marriage Act on | ||||||
8 | behalf of the ward if the court finds by clear and convincing | ||||||
9 | evidence that the relief sought is in the ward's best | ||||||
10 | interests. In making its determination, the court shall | ||||||
11 | consider the standards set forth in subsection (e) of this | ||||||
12 | Section. | ||||||
13 | (a-10) Upon petition by the guardian of the ward's person | ||||||
14 | or estate, the court may authorize and direct a guardian of the | ||||||
15 | ward's person or estate to consent, on behalf of the ward, to | ||||||
16 | the ward's marriage pursuant to Part II of the Illinois | ||||||
17 | Marriage and Dissolution of Marriage Act if the court finds by | ||||||
18 | clear and convincing evidence that the marriage is in the | ||||||
19 | ward's best interests. In making its determination, the court | ||||||
20 | shall consider the standards set forth in subsection (e) of | ||||||
21 | this Section. Upon presentation of a court order authorizing | ||||||
22 | and directing a guardian of the ward's person and estate to | ||||||
23 | consent to the ward's marriage, the county clerk shall accept | ||||||
24 | the guardian's application, appearance, and signature on | ||||||
25 | behalf of the ward for purposes of issuing a license to marry | ||||||
26 | under Section 203 of the Illinois Marriage and Dissolution of |
| |||||||
| |||||||
1 | Marriage Act.
| ||||||
2 | (b) If the court directs, the guardian of the person shall | ||||||
3 | file
with the court at intervals indicated by the court, a | ||||||
4 | report that
shall state briefly: (1) the current mental, | ||||||
5 | physical, and social
condition of the ward and the ward's | ||||||
6 | minor and adult dependent children; (2)
their present living | ||||||
7 | arrangement, and a description and the address of
every | ||||||
8 | residence where they lived during the reporting period and the | ||||||
9 | length
of stay at each place; (3) a summary of the medical, | ||||||
10 | educational,
vocational, and other professional services given | ||||||
11 | to them; (4) a resume of
the guardian's visits with and | ||||||
12 | activities on behalf of the ward and the ward's
minor and adult | ||||||
13 | dependent children; (5) a recommendation as to the need for
| ||||||
14 | continued guardianship; (6) any other information requested by | ||||||
15 | the court or
useful in the opinion of the guardian. The Office | ||||||
16 | of the State Guardian
shall assist the guardian in filing the | ||||||
17 | report when requested by the
guardian. The court may take such | ||||||
18 | action as it deems appropriate pursuant
to the report.
| ||||||
19 | (c) Absent court order pursuant to the Illinois Power of | ||||||
20 | Attorney Act
directing a guardian to exercise powers of the | ||||||
21 | principal under an agency
that survives disability, the | ||||||
22 | guardian has no power, duty, or liability
with respect to any | ||||||
23 | personal or health care matters covered by the agency.
This | ||||||
24 | subsection (c) applies to all agencies, whenever and wherever | ||||||
25 | executed.
| ||||||
26 | (d) A guardian acting as a surrogate decision maker under |
| |||||||
| |||||||
1 | the Health
Care Surrogate Act shall have all the rights of a | ||||||
2 | surrogate under that Act
without court order including the | ||||||
3 | right to make medical treatment decisions
such as decisions to | ||||||
4 | forgo or withdraw life-sustaining treatment.
Any decisions by | ||||||
5 | the guardian to forgo or withdraw life-sustaining treatment
| ||||||
6 | that are not authorized under the Health Care Surrogate Act | ||||||
7 | shall require a
court order. Nothing in this Section shall | ||||||
8 | prevent an agent acting under a
power of attorney for health | ||||||
9 | care from exercising his or her authority under
the Illinois | ||||||
10 | Power of Attorney Act without further court order, unless a | ||||||
11 | court
has acted under Section 2-10 of the Illinois Power of | ||||||
12 | Attorney Act. If a
guardian is also a health care agent for the | ||||||
13 | ward under a valid power of
attorney for health care, the | ||||||
14 | guardian acting as agent may execute his or her
authority | ||||||
15 | under that act without further court order.
| ||||||
16 | (e) Decisions made by a guardian on behalf of a ward shall | ||||||
17 | be made in
accordance with the following
standards for | ||||||
18 | decision making. The guardian shall consider the ward's | ||||||
19 | current preferences to the extent the ward has the ability to | ||||||
20 | participate in decision making when those preferences are | ||||||
21 | known or reasonably ascertainable by the guardian. Decisions | ||||||
22 | by the guardian shall conform to the ward's current | ||||||
23 | preferences:
(1) unless the guardian reasonably believes that | ||||||
24 | doing
so would result in substantial harm to the ward's | ||||||
25 | welfare or personal or financial interests; and
(2) so long as | ||||||
26 | such decisions give substantial weight to what the ward, if
|
| |||||||
| |||||||
1 | competent, would have done or intended under the | ||||||
2 | circumstances, taking into
account evidence that includes, but | ||||||
3 | is not limited to, the ward's personal,
philosophical, | ||||||
4 | religious and moral beliefs, and ethical values relative to | ||||||
5 | the
decision to be made by the guardian. Where possible, the | ||||||
6 | guardian shall
determine how the ward would have made a | ||||||
7 | decision based on the ward's
previously expressed preferences, | ||||||
8 | and make decisions in accordance with the
preferences of the | ||||||
9 | ward. If the ward's wishes are unknown and remain unknown
| ||||||
10 | after reasonable efforts to discern them, or if the guardian | ||||||
11 | reasonably believes that a decision made in conformity with | ||||||
12 | the ward's preferences would result in substantial harm to the | ||||||
13 | ward's welfare or personal or financial interests, the | ||||||
14 | decision shall be made on the
basis of the ward's best | ||||||
15 | interests as determined by the guardian. In
determining the | ||||||
16 | ward's best interests, the guardian shall weigh the reason for
| ||||||
17 | and nature of the proposed action, the benefit or necessity of | ||||||
18 | the action, the
possible risks and other consequences of the | ||||||
19 | proposed action, and any available
alternatives and their | ||||||
20 | risks, consequences and benefits, and shall take into
account | ||||||
21 | any other information, including the views of family and | ||||||
22 | friends, that
the guardian believes the ward would have | ||||||
23 | considered if able to act for herself
or himself.
| ||||||
24 | (f) Upon petition by any interested person (including the | ||||||
25 | standby or
short-term guardian), with such notice to | ||||||
26 | interested persons as the court
directs and a finding by the |
| |||||||
| |||||||
1 | court that it is in the best interests of the
person with a | ||||||
2 | disability, the court may terminate or limit the authority of | ||||||
3 | a standby or
short-term guardian or may enter such other | ||||||
4 | orders as the court deems necessary
to provide for the best | ||||||
5 | interests of the person with a disability. The petition
for | ||||||
6 | termination or limitation of the authority of a standby or | ||||||
7 | short-term
guardian may, but need not, be combined with a | ||||||
8 | petition to have another
guardian appointed for the person | ||||||
9 | with a disability. | ||||||
10 | (g)(1) Unless there is a court order to the contrary, the | ||||||
11 | guardian, consistent with the standards set forth in | ||||||
12 | subsection (e) of this Section, shall use reasonable efforts | ||||||
13 | to notify the ward's known adult children, who have requested | ||||||
14 | notification and provided contact information, of the ward's | ||||||
15 | admission to a hospital, hospice, or palliative care program, | ||||||
16 | the ward's death, and the arrangements for the disposition of | ||||||
17 | the ward's remains. | ||||||
18 | (2) If a guardian unreasonably prevents an adult child, | ||||||
19 | spouse, adult grandchild, parent, or adult sibling of the ward | ||||||
20 | from visiting the ward, the court, upon a verified petition, | ||||||
21 | may order the guardian to permit visitation between the ward | ||||||
22 | and the adult child, spouse, adult grandchild, parent, or | ||||||
23 | adult sibling. In making its determination, the court shall | ||||||
24 | consider the standards set forth in subsection (e) of this | ||||||
25 | Section. The court shall not allow visitation if the court | ||||||
26 | finds that the ward has capacity to evaluate and communicate |
| |||||||
| |||||||
1 | decisions regarding visitation and expresses a desire not to | ||||||
2 | have visitation with the petitioner. This subsection (g) does | ||||||
3 | not apply to duly appointed public guardians or the Office of | ||||||
4 | State Guardian.
| ||||||
5 | (Source: P.A. 101-329, eff. 8-9-19; 102-72, eff. 1-1-22; | ||||||
6 | 102-258, eff. 8-6-21; revised 9-22-21.)
| ||||||
7 | Section 700. The Real Property Transfer on Death | ||||||
8 | Instrument Act is amended by changing Section 5 as follows: | ||||||
9 | (755 ILCS 27/5) | ||||||
10 | Sec. 5. Definitions. In this Act: | ||||||
11 | "Beneficiary" means a person that receives real property | ||||||
12 | under a transfer on death instrument. | ||||||
13 | "Designated beneficiary" means a person designated to | ||||||
14 | receive real property under a transfer on death instrument. | ||||||
15 | "Joint owner" means an individual who owns real property | ||||||
16 | concurrently with one or more other individuals with a right | ||||||
17 | of survivorship. The term includes a joint tenant or a tenant | ||||||
18 | by the entirety. The term does not include a tenant in common. | ||||||
19 | "Owner" means an individual who owns an interest in real | ||||||
20 | property. "Owner" does not include a trustee or an individual | ||||||
21 | acting in a fiduciary, representative, or agency capacity who | ||||||
22 | holds an interest in real property. | ||||||
23 | "Person" means: an individual; a corporation; a business | ||||||
24 | trust; a trustee of a land trust, a revocable or irrevocable |
| |||||||
| |||||||
1 | trust, a trust created under a will or under a transfer on | ||||||
2 | death instrument; a partnership; a limited liability company; | ||||||
3 | an association; a joint venture; a public corporation; a | ||||||
4 | government or governmental subdivision; an agency; an | ||||||
5 | instrumentality; a guardian; a custodian designated or to be | ||||||
6 | designated under any state's uniform transfers to minors act; | ||||||
7 | or any other legal entity. inter vivos | ||||||
8 | "Real property" means an interest in realty located in | ||||||
9 | this State capable of being transferred on the death of the | ||||||
10 | owner. | ||||||
11 | "Residential real estate" means real property improved | ||||||
12 | with not less than one nor more than 4 residential dwelling | ||||||
13 | units; a residential condominium unit, including but not | ||||||
14 | limited to the common elements allocated to the exclusive use | ||||||
15 | thereof that form an integral part of the condominium unit and | ||||||
16 | any parking unit or units specified by the declaration to be | ||||||
17 | allocated to a specific residential condominium unit; or a | ||||||
18 | single tract of agriculture real estate consisting of 40 acres | ||||||
19 | or less which is improved with a single family residence. If a | ||||||
20 | declaration of condominium ownership provides for individually | ||||||
21 | owned and transferable parking units, "residential real | ||||||
22 | estate" does not include the parking unit of a specific | ||||||
23 | residential condominium unit unless the parking unit is | ||||||
24 | included in the legal description of the property being | ||||||
25 | transferred by a transfer on death instrument. | ||||||
26 | "Transfer on death instrument" means an instrument |
| |||||||
| |||||||
1 | authorized under this Act.
| ||||||
2 | (Source: P.A. 102-68, eff. 1-1-22; 102-558, eff. 8-20-21; | ||||||
3 | revised 10-12-21.) | ||||||
4 | Section 705. The Illinois Power of Attorney Act is amended | ||||||
5 | by changing Sections 4-6 and 4-10 as follows:
| ||||||
6 | (755 ILCS 45/4-6) (from Ch. 110 1/2, par. 804-6)
| ||||||
7 | Sec. 4-6. Revocation and amendment of health care | ||||||
8 | agencies.
| ||||||
9 | (a) Unless the principal elects a delayed revocation | ||||||
10 | period pursuant to subsection (a-5), every health care agency | ||||||
11 | may be revoked by the principal at any
time, without regard to | ||||||
12 | the principal's mental or physical condition, by
any of the | ||||||
13 | following methods:
| ||||||
14 | 1. By being obliterated, burnt, torn , or otherwise | ||||||
15 | destroyed or defaced
in a manner indicating intention to | ||||||
16 | revoke;
| ||||||
17 | 2. By a written revocation of the agency signed and | ||||||
18 | dated by the
principal or person acting at the direction | ||||||
19 | of the principal, regardless of whether the written | ||||||
20 | revocation is in an electronic or hard copy format;
| ||||||
21 | 3. By an oral or any other expression of the intent to | ||||||
22 | revoke the agency
in the presence of a witness 18 years of | ||||||
23 | age or older who signs and dates a
writing confirming that | ||||||
24 | such expression of intent was made; or
|
| |||||||
| |||||||
1 | 4. For an electronic health care agency, by deleting | ||||||
2 | in a manner indicating the intention to revoke. An | ||||||
3 | electronic health care agency may be revoked | ||||||
4 | electronically using a generic, technology-neutral system | ||||||
5 | in which each user is assigned a unique identifier that is | ||||||
6 | securely maintained and in a manner that meets the | ||||||
7 | regulatory requirements for a digital or electronic | ||||||
8 | signature. Compliance with the standards defined in the | ||||||
9 | Uniform Electronic Transactions Act or the implementing | ||||||
10 | rules of the Hospital Licensing Act for medical record | ||||||
11 | entry authentication for author validation of the | ||||||
12 | documentation, content accuracy, and completeness meets | ||||||
13 | this standard. | ||||||
14 | (a-5) A principal may elect a 30-day delay of the | ||||||
15 | revocation of the principal's health care agency. If a | ||||||
16 | principal makes this election, the principal's revocation | ||||||
17 | shall be delayed for 30 days after the principal communicates | ||||||
18 | his or her intent to revoke. | ||||||
19 | (b) Every health care agency may be amended at any time by | ||||||
20 | a written
amendment signed and dated by the principal or | ||||||
21 | person acting at the
direction of the principal.
| ||||||
22 | (c) Any person, other than the agent, to whom a revocation | ||||||
23 | or amendment is
communicated or delivered shall make all | ||||||
24 | reasonable efforts to inform the
agent of that fact as | ||||||
25 | promptly as possible.
| ||||||
26 | (Source: P.A. 101-163, eff. 1-1-20; 102-38, eff. 6-25-21; |
| |||||||
| |||||||
1 | 102-181, eff. 7-30-21; revised 9-22-21.)
| ||||||
2 | (755 ILCS 45/4-10) (from Ch. 110 1/2, par. 804-10)
| ||||||
3 | Sec. 4-10. Statutory short form power of attorney for | ||||||
4 | health care.
| ||||||
5 | (a) The form prescribed in this Section (sometimes also | ||||||
6 | referred to in this Act as the
"statutory health care power") | ||||||
7 | may be used to grant an agent powers with
respect to the | ||||||
8 | principal's own health care; but the statutory health care
| ||||||
9 | power is not intended to be exclusive nor to cover delegation | ||||||
10 | of a parent's
power to control the health care of a minor | ||||||
11 | child, and no provision of this
Article shall be construed to | ||||||
12 | invalidate or bar use by the principal of any
other or
| ||||||
13 | different form of power of attorney for health care. | ||||||
14 | Nonstatutory health
care powers must be
executed by the | ||||||
15 | principal, designate the agent and the agent's powers, and
| ||||||
16 | comply with the limitations in Section 4-5 of this Article, | ||||||
17 | but they need not be witnessed or
conform in any other respect | ||||||
18 | to the statutory health care power. | ||||||
19 | No specific format is required for the statutory health | ||||||
20 | care power of attorney other than the notice must precede the | ||||||
21 | form. The statutory health care power may be included in or
| ||||||
22 | combined with any
other form of power of attorney governing | ||||||
23 | property or other matters.
| ||||||
24 | The signature and execution requirements set forth in this | ||||||
25 | Article are satisfied by: (i) written signatures or initials; |
| |||||||
| |||||||
1 | or (ii) electronic signatures or computer-generated signature | ||||||
2 | codes. Electronic documents under this Act may be created, | ||||||
3 | signed, or revoked electronically using a generic, | ||||||
4 | technology-neutral system in which each user is assigned a | ||||||
5 | unique identifier that is securely maintained and in a manner | ||||||
6 | that meets the regulatory requirements for a digital or | ||||||
7 | electronic signature. Compliance with the standards defined in | ||||||
8 | the Uniform Electronic Transactions Act or the implementing | ||||||
9 | rules of the Hospital Licensing Act for medical record entry | ||||||
10 | authentication for author validation of the documentation, | ||||||
11 | content accuracy, and completeness meets this standard. | ||||||
12 | (b) The Illinois Statutory Short Form Power of Attorney | ||||||
13 | for Health Care shall be substantially as follows: | ||||||
14 | NOTICE TO THE INDIVIDUAL SIGNING | ||||||
15 | THE POWER OF ATTORNEY FOR HEALTH CARE | ||||||
16 | No one can predict when a serious illness or accident | ||||||
17 | might occur. When it does, you may need someone else to speak | ||||||
18 | or make health care decisions for you. If you plan now, you can | ||||||
19 | increase the chances that the medical treatment you get will | ||||||
20 | be the treatment you want. | ||||||
21 | In Illinois, you can choose someone to be your "health | ||||||
22 | care agent". Your agent is the person you trust to make health | ||||||
23 | care decisions for you if you are unable or do not want to make | ||||||
24 | them yourself. These decisions should be based on your | ||||||
25 | personal values and wishes. |
| |||||||
| |||||||
1 | It is important to put your choice of agent in writing. The | ||||||
2 | written form is often called an "advance directive". You may | ||||||
3 | use this form or another form, as long as it meets the legal | ||||||
4 | requirements of Illinois. There are many written and online | ||||||
5 | on-line resources to guide you and your loved ones in having a | ||||||
6 | conversation about these issues. You may find it helpful to | ||||||
7 | look at these resources while thinking about and discussing | ||||||
8 | your advance directive. | ||||||
9 | WHAT ARE THE THINGS I WANT MY | ||||||
10 | HEALTH CARE AGENT TO KNOW? | ||||||
11 | The selection of your agent should be considered | ||||||
12 | carefully, as your agent will have the ultimate | ||||||
13 | decision-making authority once this document goes into effect, | ||||||
14 | in most instances after you are no longer able to make your own | ||||||
15 | decisions. While the goal is for your agent to make decisions | ||||||
16 | in keeping with your preferences and in the majority of | ||||||
17 | circumstances that is what happens, please know that the law | ||||||
18 | does allow your agent to make decisions to direct or refuse | ||||||
19 | health care interventions or withdraw treatment. Your agent | ||||||
20 | will need to think about conversations you have had, your | ||||||
21 | personality, and how you handled important health care issues | ||||||
22 | in the past. Therefore, it is important to talk with your agent | ||||||
23 | and your family about such things as: | ||||||
24 | (i) What is most important to you in your life? | ||||||
25 | (ii) How important is it to you to avoid pain and |
| |||||||
| |||||||
1 | suffering? | ||||||
2 | (iii) If you had to choose, is it more important to you | ||||||
3 | to live as long as possible, or to avoid prolonged | ||||||
4 | suffering or disability? | ||||||
5 | (iv) Would you rather be at home or in a hospital for | ||||||
6 | the last days or weeks of your life? | ||||||
7 | (v) Do you have religious, spiritual, or cultural | ||||||
8 | beliefs that you want your agent and others to consider? | ||||||
9 | (vi) Do you wish to make a significant contribution to | ||||||
10 | medical science after your death through organ or whole | ||||||
11 | body donation? | ||||||
12 | (vii) Do you have an existing advance directive, such | ||||||
13 | as a living will, that contains your specific wishes about | ||||||
14 | health care that is only delaying your death? If you have | ||||||
15 | another advance directive, make sure to discuss with your | ||||||
16 | agent the directive and the treatment decisions contained | ||||||
17 | within that outline your preferences. Make sure that your | ||||||
18 | agent agrees to honor the wishes expressed in your advance | ||||||
19 | directive. | ||||||
20 | WHAT KIND OF DECISIONS CAN MY AGENT MAKE? | ||||||
21 | If there is ever a period of time when your physician | ||||||
22 | determines that you cannot make your own health care | ||||||
23 | decisions, or if you do not want to make your own decisions, | ||||||
24 | some of the decisions your agent could make are to: | ||||||
25 | (i) talk with physicians and other health care |
| |||||||
| |||||||
1 | providers about your condition. | ||||||
2 | (ii) see medical records and approve who else can see | ||||||
3 | them. | ||||||
4 | (iii) give permission for medical tests, medicines, | ||||||
5 | surgery, or other treatments. | ||||||
6 | (iv) choose where you receive care and which | ||||||
7 | physicians and others provide it. | ||||||
8 | (v) decide to accept, withdraw, or decline treatments | ||||||
9 | designed to keep you alive if you are near death or not | ||||||
10 | likely to recover. You may choose to include guidelines | ||||||
11 | and/or restrictions to your agent's authority. | ||||||
12 | (vi) agree or decline to donate your organs or your | ||||||
13 | whole body if you have not already made this decision | ||||||
14 | yourself. This could include donation for transplant, | ||||||
15 | research, and/or education. You should let your agent know | ||||||
16 | whether you are registered as a donor in the First Person | ||||||
17 | Consent registry maintained by the Illinois Secretary of | ||||||
18 | State or whether you have agreed to donate your whole body | ||||||
19 | for medical research and/or education. | ||||||
20 | (vii) decide what to do with your remains after you | ||||||
21 | have died, if you have not already made plans. | ||||||
22 | (viii) talk with your other loved ones to help come to | ||||||
23 | a decision (but your designated agent will have the final | ||||||
24 | say over your other loved ones). | ||||||
25 | Your agent is not automatically responsible for your | ||||||
26 | health care expenses. |
| |||||||
| |||||||
1 | WHOM SHOULD I CHOOSE TO BE MY HEALTH CARE AGENT? | ||||||
2 | You can pick a family member, but you do not have to. Your | ||||||
3 | agent will have the responsibility to make medical treatment | ||||||
4 | decisions, even if other people close to you might urge a | ||||||
5 | different decision. The selection of your agent should be done | ||||||
6 | carefully, as he or she will have ultimate decision-making | ||||||
7 | authority for your treatment decisions once you are no longer | ||||||
8 | able to voice your preferences. Choose a family member, | ||||||
9 | friend, or other person who: | ||||||
10 | (i) is at least 18 years old; | ||||||
11 | (ii) knows you well; | ||||||
12 | (iii) you trust to do what is best for you and is | ||||||
13 | willing to carry out your wishes, even if he or she may not | ||||||
14 | agree with your wishes; | ||||||
15 | (iv) would be comfortable talking with and questioning | ||||||
16 | your physicians and other health care providers; | ||||||
17 | (v) would not be too upset to carry out your wishes if | ||||||
18 | you became very sick; and | ||||||
19 | (vi) can be there for you when you need it and is | ||||||
20 | willing to accept this important role. | ||||||
21 | WHAT IF MY AGENT IS NOT AVAILABLE OR IS | ||||||
22 | UNWILLING TO MAKE DECISIONS FOR ME? | ||||||
23 | If the person who is your first choice is unable to carry | ||||||
24 | out this role, then the second agent you chose will make the |
| |||||||
| |||||||
1 | decisions; if your second agent is not available, then the | ||||||
2 | third agent you chose will make the decisions. The second and | ||||||
3 | third agents are called your successor agents and they | ||||||
4 | function as back-up agents to your first choice agent and may | ||||||
5 | act only one at a time and in the order you list them. | ||||||
6 | WHAT WILL HAPPEN IF I DO NOT | ||||||
7 | CHOOSE A HEALTH CARE AGENT? | ||||||
8 | If you become unable to make your own health care | ||||||
9 | decisions and have not named an agent in writing, your | ||||||
10 | physician and other health care providers will ask a family | ||||||
11 | member, friend, or guardian to make decisions for you. In | ||||||
12 | Illinois, a law directs which of these individuals will be | ||||||
13 | consulted. In that law, each of these individuals is called a | ||||||
14 | "surrogate". | ||||||
15 | There are reasons why you may want to name an agent rather | ||||||
16 | than rely on a surrogate: | ||||||
17 | (i) The person or people listed by this law may not be | ||||||
18 | who you would want to make decisions for you. | ||||||
19 | (ii) Some family members or friends might not be able | ||||||
20 | or willing to make decisions as you would want them to. | ||||||
21 | (iii) Family members and friends may disagree with one | ||||||
22 | another about the best decisions. | ||||||
23 | (iv) Under some circumstances, a surrogate may not be | ||||||
24 | able to make the same kinds of decisions that an agent can | ||||||
25 | make. |
| |||||||
| |||||||
1 | WHAT IF THERE IS NO ONE AVAILABLE | ||||||
2 | WHOM I TRUST TO BE MY AGENT? | ||||||
3 | In this situation, it is especially important to talk to | ||||||
4 | your physician and other health care providers and create | ||||||
5 | written guidance about what you want or do not want, in case | ||||||
6 | you are ever critically ill and cannot express your own | ||||||
7 | wishes. You can complete a living will. You can also write your | ||||||
8 | wishes down and/or discuss them with your physician or other | ||||||
9 | health care provider and ask him or her to write it down in | ||||||
10 | your chart. You might also want to use written or online | ||||||
11 | on-line resources to guide you through this process. | ||||||
12 | WHAT DO I DO WITH THIS FORM ONCE I COMPLETE IT? | ||||||
13 | Follow these instructions after you have completed the | ||||||
14 | form: | ||||||
15 | (i) Sign the form in front of a witness. See the form | ||||||
16 | for a list of who can and cannot witness it. | ||||||
17 | (ii) Ask the witness to sign it, too. | ||||||
18 | (iii) There is no need to have the form notarized. | ||||||
19 | (iv) Give a copy to your agent and to each of your | ||||||
20 | successor agents. | ||||||
21 | (v) Give another copy to your physician. | ||||||
22 | (vi) Take a copy with you when you go to the hospital. | ||||||
23 | (vii) Show it to your family and friends and others | ||||||
24 | who care for you. |
| |||||||
| |||||||
1 | WHAT IF I CHANGE MY MIND? | ||||||
2 | You may change your mind at any time. If you do, tell | ||||||
3 | someone who is at least 18 years old that you have changed your | ||||||
4 | mind, and/or destroy your document and any copies. If you | ||||||
5 | wish, fill out a new form and make sure everyone you gave the | ||||||
6 | old form to has a copy of the new one, including, but not | ||||||
7 | limited to, your agents and your physicians. If you are | ||||||
8 | concerned you may revoke your power of attorney at a time when | ||||||
9 | you may need it the most, you may initial the box at the end of | ||||||
10 | the form to indicate that you would like a 30-day waiting | ||||||
11 | period after you voice your intent to revoke your power of | ||||||
12 | attorney. This means if your agent is making decisions for you | ||||||
13 | during that time, your agent can continue to make decisions on | ||||||
14 | your behalf. This election is purely optional, and you do not | ||||||
15 | have to choose it. If you do not choose this option, you can | ||||||
16 | change your mind and revoke the power of attorney at any time. | ||||||
17 | WHAT IF I DO NOT WANT TO USE THIS FORM? | ||||||
18 | In the event you do not want to use the Illinois statutory | ||||||
19 | form provided here, any document you complete must be executed | ||||||
20 | by you, designate an agent who is over 18 years of age and not | ||||||
21 | prohibited from serving as your agent, and state the agent's | ||||||
22 | powers, but it need not be witnessed or conform in any other | ||||||
23 | respect to the statutory health care power. | ||||||
24 | If you have questions about the use of any form, you may |
| |||||||
| |||||||
1 | want to consult your physician, other health care provider, | ||||||
2 | and/or an attorney. | ||||||
3 | MY POWER OF ATTORNEY FOR HEALTH CARE | ||||||
4 | THIS POWER OF ATTORNEY REVOKES ALL PREVIOUS POWERS OF ATTORNEY | ||||||
5 | FOR HEALTH CARE. (You must sign this form and a witness must | ||||||
6 | also sign it before it is valid) | ||||||
7 | My name (Print your full name): .......... | ||||||
8 | My address: .................................................. | ||||||
9 | I WANT THE FOLLOWING PERSON TO BE MY HEALTH CARE AGENT | ||||||
10 | (an agent is your personal representative under state and | ||||||
11 | federal law): | ||||||
12 | (Agent name) ................. | ||||||
13 | (Agent address) ............. | ||||||
14 | (Agent phone number) ......................................... | ||||||
15 | (Please check box if applicable) .... If a guardian of my | ||||||
16 | person is to be appointed, I nominate the agent acting under | ||||||
17 | this power of attorney as guardian. | ||||||
18 | SUCCESSOR HEALTH CARE AGENT(S) (optional): | ||||||
19 | If the agent I selected is unable or does not want to make | ||||||
20 | health care decisions for me, then I request the person(s) I |
| |||||||
| |||||||
1 | name below to be my successor health care agent(s). Only one | ||||||
2 | person at a time can serve as my agent (add another page if you | ||||||
3 | want to add more successor agent names): | ||||||
4 | ..................... | ||||||
5 | (Successor agent #1 name, address and phone number) | ||||||
6 | .......... | ||||||
7 | (Successor agent #2 name, address and phone number) | ||||||
8 | MY AGENT CAN MAKE HEALTH CARE DECISIONS FOR ME, INCLUDING: | ||||||
9 | (i) Deciding to accept, withdraw , or decline treatment | ||||||
10 | for any physical or mental condition of mine, including | ||||||
11 | life-and-death decisions. | ||||||
12 | (ii) Agreeing to admit me to or discharge me from any | ||||||
13 | hospital, home, or other institution, including a mental | ||||||
14 | health facility. | ||||||
15 | (iii) Having complete access to my medical and mental | ||||||
16 | health records, and sharing them with others as needed, | ||||||
17 | including after I die. | ||||||
18 | (iv) Carrying out the plans I have already made, or, | ||||||
19 | if I have not done so, making decisions about my body or | ||||||
20 | remains, including organ, tissue or whole body donation, | ||||||
21 | autopsy, cremation, and burial. | ||||||
22 | The above grant of power is intended to be as broad as | ||||||
23 | possible so that my agent will have the authority to make any | ||||||
24 | decision I could make to obtain or terminate any type of health | ||||||
25 | care, including withdrawal of nutrition and hydration and |
| |||||||
| |||||||
1 | other life-sustaining measures. | ||||||
2 | I AUTHORIZE MY AGENT TO (please check any one box): | ||||||
3 | .... Make decisions for me only when I cannot make them for | ||||||
4 | myself. The physician(s) taking care of me will determine | ||||||
5 | when I lack this ability. | ||||||
6 | (If no box is checked, then the box above shall be | ||||||
7 | implemented.)
OR | ||||||
8 | .... Make decisions for me only when I cannot make them for | ||||||
9 | myself. The physician(s) taking care of me will determine | ||||||
10 | when I lack this ability. Starting now, for the purpose of | ||||||
11 | assisting me with my health care plans and decisions, my | ||||||
12 | agent shall have complete access to my medical and mental | ||||||
13 | health records, the authority to share them with others as | ||||||
14 | needed, and the complete ability to communicate with my | ||||||
15 | personal physician(s) and other health care providers, | ||||||
16 | including the ability to require an opinion of my | ||||||
17 | physician as to whether I lack the ability to make | ||||||
18 | decisions for myself. OR | ||||||
19 | .... Make decisions for me starting now and continuing | ||||||
20 | after I am no longer able to make them for myself. While I | ||||||
21 | am still able to make my own decisions, I can still do so | ||||||
22 | if I want to. | ||||||
23 | The subject of life-sustaining treatment is of particular | ||||||
24 | importance. Life-sustaining treatments may include tube |
| |||||||
| |||||||
1 | feedings or fluids through a tube, breathing machines, and | ||||||
2 | CPR. In general, in making decisions concerning | ||||||
3 | life-sustaining treatment, your agent is instructed to | ||||||
4 | consider the relief of suffering, the quality as well as the | ||||||
5 | possible extension of your life, and your previously expressed | ||||||
6 | wishes. Your agent will weigh the burdens versus benefits of | ||||||
7 | proposed treatments in making decisions on your behalf. | ||||||
8 | Additional statements concerning the withholding or | ||||||
9 | removal of life-sustaining treatment are described below. | ||||||
10 | These can serve as a guide for your agent when making decisions | ||||||
11 | for you. Ask your physician or health care provider if you have | ||||||
12 | any questions about these statements. | ||||||
13 | SELECT ONLY ONE STATEMENT BELOW THAT BEST EXPRESSES YOUR | ||||||
14 | WISHES (optional): | ||||||
15 | .... The quality of my life is more important than the | ||||||
16 | length of my life. If I am unconscious and my attending | ||||||
17 | physician believes, in accordance with reasonable medical | ||||||
18 | standards, that I will not wake up or recover my ability to | ||||||
19 | think, communicate with my family and friends, and | ||||||
20 | experience my surroundings, I do not want treatments to | ||||||
21 | prolong my life or delay my death, but I do want treatment | ||||||
22 | or care to make me comfortable and to relieve me of pain. | ||||||
23 | .... Staying alive is more important to me, no matter how | ||||||
24 | sick I am, how much I am suffering, the cost of the | ||||||
25 | procedures, or how unlikely my chances for recovery are. I |
| |||||||
| |||||||
1 | want my life to be prolonged to the greatest extent | ||||||
2 | possible in accordance with reasonable medical standards. | ||||||
3 | SPECIFIC LIMITATIONS TO MY AGENT'S DECISION-MAKING AUTHORITY: | ||||||
4 | The above grant of power is intended to be as broad as | ||||||
5 | possible so that your agent will have the authority to make any | ||||||
6 | decision you could make to obtain or terminate any type of | ||||||
7 | health care. If you wish to limit the scope of your agent's | ||||||
8 | powers or prescribe special rules or limit the power to | ||||||
9 | authorize autopsy or dispose of remains, you may do so | ||||||
10 | specifically in this form. | ||||||
11 | .................................. | ||||||
12 | .............................. | ||||||
13 | My signature: .................. | ||||||
14 | Today's date: ................................................ | ||||||
15 | DELAYED REVOCATION | ||||||
16 | .... I elect to delay revocation of this power of attorney | ||||||
17 | for 30 days after I communicate my intent to revoke it. | ||||||
18 | .... I elect for the revocation of this power of attorney | ||||||
19 | to take effect immediately if I communicate my intent to | ||||||
20 | revoke it. | ||||||
21 | HAVE YOUR WITNESS AGREE TO WHAT IS WRITTEN BELOW, AND THEN | ||||||
22 | COMPLETE THE SIGNATURE PORTION: |
| |||||||
| |||||||
1 | I am at least 18 years old. (check one of the options | ||||||
2 | below): | ||||||
3 | .... I saw the principal sign this document, or | ||||||
4 | .... the principal told me that the signature or mark on | ||||||
5 | the principal signature line is his or hers. | ||||||
6 | I am not the agent or successor agent(s) named in this | ||||||
7 | document. I am not related to the principal, the agent, or the | ||||||
8 | successor agent(s) by blood, marriage, or adoption. I am not | ||||||
9 | the principal's physician, advanced practice registered nurse, | ||||||
10 | dentist, podiatric physician, optometrist, psychologist, or a | ||||||
11 | relative of one of those individuals. I am not an owner or | ||||||
12 | operator (or the relative of an owner or operator) of the | ||||||
13 | health care facility where the principal is a patient or | ||||||
14 | resident. | ||||||
15 | Witness printed name: ............ | ||||||
16 | Witness address: .............. | ||||||
17 | Witness signature: ............... | ||||||
18 | Today's date: ................................................
| ||||||
19 | (c) The statutory short form power of attorney for health | ||||||
20 | care (the
"statutory health care power") authorizes the agent | ||||||
21 | to make any and all
health care decisions on behalf of the | ||||||
22 | principal which the principal could
make if present and under | ||||||
23 | no disability, subject to any limitations on the
granted | ||||||
24 | powers that appear on the face of the form, to be exercised in | ||||||
25 | such
manner as the agent deems consistent with the intent and |
| |||||||
| |||||||
1 | desires of the
principal. The agent will be under no duty to | ||||||
2 | exercise granted powers or
to assume control of or | ||||||
3 | responsibility for the principal's health care;
but when | ||||||
4 | granted powers are exercised, the agent will be required to | ||||||
5 | use
due care to act for the benefit of the principal in | ||||||
6 | accordance with the
terms of the statutory health care power | ||||||
7 | and will be liable
for negligent exercise. The agent may act in | ||||||
8 | person or through others
reasonably employed by the agent for | ||||||
9 | that purpose
but may not delegate authority to make health | ||||||
10 | care decisions. The agent
may sign and deliver all | ||||||
11 | instruments, negotiate and enter into all
agreements , and do | ||||||
12 | all other acts reasonably necessary to implement the
exercise | ||||||
13 | of the powers granted to the agent. Without limiting the
| ||||||
14 | generality of the foregoing, the statutory health care power | ||||||
15 | shall include
the following powers, subject to any limitations | ||||||
16 | appearing on the face of the form:
| ||||||
17 | (1) The agent is authorized to give consent to and | ||||||
18 | authorize or refuse,
or to withhold or withdraw consent | ||||||
19 | to, any and all types of medical care,
treatment , or | ||||||
20 | procedures relating to the physical or mental health of | ||||||
21 | the
principal, including any medication program, surgical | ||||||
22 | procedures,
life-sustaining treatment , or provision of | ||||||
23 | food and fluids for the principal.
| ||||||
24 | (2) The agent is authorized to admit the principal to | ||||||
25 | or discharge the
principal from any and all types of | ||||||
26 | hospitals, institutions, homes,
residential or nursing |
| |||||||
| |||||||
1 | facilities, treatment centers , and other health care
| ||||||
2 | institutions providing personal care or treatment for any | ||||||
3 | type of physical
or mental condition. The agent shall have | ||||||
4 | the same right to visit the
principal in the hospital or | ||||||
5 | other institution as is granted to a spouse or
adult child | ||||||
6 | of the principal, any rule of the institution to the | ||||||
7 | contrary
notwithstanding.
| ||||||
8 | (3) The agent is authorized to contract for any and | ||||||
9 | all types of health
care services and facilities in the | ||||||
10 | name of and on behalf of the principal
and to bind the | ||||||
11 | principal to pay for all such services and facilities,
and | ||||||
12 | to have and exercise those powers over the principal's | ||||||
13 | property as are
authorized under the statutory property | ||||||
14 | power, to the extent the agent
deems necessary to pay | ||||||
15 | health care costs; and
the agent shall not be personally | ||||||
16 | liable for any services or care contracted
for on behalf | ||||||
17 | of the principal.
| ||||||
18 | (4) At the principal's expense and subject to | ||||||
19 | reasonable rules of the
health care provider to prevent | ||||||
20 | disruption of the principal's health care,
the agent shall | ||||||
21 | have the same right the principal has to examine and copy
| ||||||
22 | and consent to disclosure of all the principal's medical | ||||||
23 | records that the agent deems
relevant to the exercise of | ||||||
24 | the agent's powers, whether the records
relate to mental | ||||||
25 | health or any other medical condition and whether they are | ||||||
26 | in
the possession of or maintained by any physician, |
| |||||||
| |||||||
1 | psychiatrist,
psychologist, therapist, hospital, nursing | ||||||
2 | home , or other health care
provider. The authority under | ||||||
3 | this paragraph (4) applies to any information governed by | ||||||
4 | the Health Insurance Portability and Accountability Act of | ||||||
5 | 1996 ("HIPAA") and regulations thereunder. The agent | ||||||
6 | serves as the principal's personal representative, as that | ||||||
7 | term is defined under HIPAA and regulations thereunder.
| ||||||
8 | (5) The agent is authorized: to direct that an autopsy | ||||||
9 | be made pursuant
to Section 2 of the Autopsy Act;
to make a | ||||||
10 | disposition of any
part or all of the principal's body | ||||||
11 | pursuant to the Illinois Anatomical Gift
Act, as now or | ||||||
12 | hereafter amended; and to direct the disposition of the
| ||||||
13 | principal's remains. | ||||||
14 | (6) At any time during which there is no executor or | ||||||
15 | administrator appointed for the principal's estate, the | ||||||
16 | agent is authorized to continue to pursue an application | ||||||
17 | or appeal for government benefits if those benefits were | ||||||
18 | applied for during the life of the principal.
| ||||||
19 | (d) A physician may determine that the principal is unable | ||||||
20 | to make health care decisions for himself or herself only if | ||||||
21 | the principal lacks decisional capacity, as that term is | ||||||
22 | defined in Section 10 of the Health Care Surrogate Act. | ||||||
23 | (e) If the principal names the agent as a guardian on the | ||||||
24 | statutory short form, and if a court decides that the | ||||||
25 | appointment of a guardian will serve the principal's best | ||||||
26 | interests and welfare, the court shall appoint the agent to |
| |||||||
| |||||||
1 | serve without bond or security. | ||||||
2 | (Source: P.A. 101-81, eff. 7-12-19; 101-163, eff. 1-1-20; | ||||||
3 | 102-38, eff. 6-25-21; 102-181, eff. 7-30-21; revised 9-22-21.)
| ||||||
4 | Section 710. The Illinois Human Rights Act is amended by | ||||||
5 | changing Sections 1-103, 2-105, and 6-101 as follows: | ||||||
6 | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | ||||||
7 | Sec. 1-103. General definitions. When used in this Act, | ||||||
8 | unless the
context requires otherwise, the term:
| ||||||
9 | (A) Age. "Age" means the chronological age of a person who | ||||||
10 | is at least
40 years old, except with regard to any practice | ||||||
11 | described in Section
2-102, insofar as that practice concerns | ||||||
12 | training or apprenticeship
programs. In the case of training | ||||||
13 | or apprenticeship programs, for the
purposes of Section 2-102, | ||||||
14 | "age" means the chronological age of a person
who is 18 but not | ||||||
15 | yet 40 years old.
| ||||||
16 | (B) Aggrieved party. "Aggrieved party" means a person who | ||||||
17 | is alleged
or proved to have been injured by a civil rights | ||||||
18 | violation or believes he
or she will be injured by a civil | ||||||
19 | rights violation under Article 3 that is
about to occur.
| ||||||
20 | (B-5) Arrest record. "Arrest record" means: | ||||||
21 | (1) an arrest not leading to a conviction; | ||||||
22 | (2) a juvenile record; or | ||||||
23 | (3) criminal history record information ordered | ||||||
24 | expunged, sealed, or impounded under Section 5.2 of the |
| |||||||
| |||||||
1 | Criminal Identification Act. | ||||||
2 | (C) Charge. "Charge" means an allegation filed with the | ||||||
3 | Department
by an aggrieved party or initiated by the | ||||||
4 | Department under its
authority.
| ||||||
5 | (D) Civil rights violation. "Civil rights violation" | ||||||
6 | includes and
shall be limited to only those specific acts set | ||||||
7 | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | ||||||
8 | 3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, | ||||||
9 | 5A-102, 6-101, 6-101.5, and 6-102 of this Act.
| ||||||
10 | (E) Commission. "Commission" means the Human Rights | ||||||
11 | Commission
created by this Act.
| ||||||
12 | (F) Complaint. "Complaint" means the formal pleading filed | ||||||
13 | by
the Department with the Commission following an | ||||||
14 | investigation and
finding of substantial evidence of a civil | ||||||
15 | rights violation.
| ||||||
16 | (G) Complainant. "Complainant" means a person including | ||||||
17 | the
Department who files a charge of civil rights violation | ||||||
18 | with the Department or
the Commission.
| ||||||
19 | (G-5) Conviction record. "Conviction record" means | ||||||
20 | information indicating that a person has been convicted of a | ||||||
21 | felony, misdemeanor or other criminal offense, placed on | ||||||
22 | probation, fined, imprisoned, or paroled pursuant to any law | ||||||
23 | enforcement or military authority. | ||||||
24 | (H) Department. "Department" means the Department of Human | ||||||
25 | Rights
created by this Act.
| ||||||
26 | (I) Disability. |
| |||||||
| |||||||
1 | (1) "Disability" means a determinable physical or mental
| ||||||
2 | characteristic of a person, including, but not limited to, a | ||||||
3 | determinable
physical characteristic which necessitates the | ||||||
4 | person's use of a guide,
hearing or support dog, the history of | ||||||
5 | such characteristic, or the
perception of such characteristic | ||||||
6 | by the person complained against, which
may result from | ||||||
7 | disease, injury, congenital condition of birth or
functional | ||||||
8 | disorder and which characteristic:
| ||||||
9 | (a) For purposes of Article 2, is unrelated to the | ||||||
10 | person's ability
to perform the duties of a particular job | ||||||
11 | or position and, pursuant to
Section 2-104 of this Act, a | ||||||
12 | person's illegal use of drugs or alcohol is not a
| ||||||
13 | disability;
| ||||||
14 | (b) For purposes of Article 3, is unrelated to the | ||||||
15 | person's ability
to acquire, rent, or maintain a housing | ||||||
16 | accommodation;
| ||||||
17 | (c) For purposes of Article 4, is unrelated to a | ||||||
18 | person's ability to
repay;
| ||||||
19 | (d) For purposes of Article 5, is unrelated to a | ||||||
20 | person's ability to
utilize and benefit from a place of | ||||||
21 | public accommodation;
| ||||||
22 | (e) For purposes of Article 5, also includes any | ||||||
23 | mental, psychological, or developmental disability, | ||||||
24 | including autism spectrum disorders. | ||||||
25 | (2) Discrimination based on disability includes unlawful | ||||||
26 | discrimination against an individual because of the |
| |||||||
| |||||||
1 | individual's association with a person with a disability. | ||||||
2 | (J) Marital status. "Marital status" means the legal | ||||||
3 | status of being
married, single, separated, divorced, or | ||||||
4 | widowed.
| ||||||
5 | (J-1) Military status. "Military status" means a person's | ||||||
6 | status on
active duty in or status as a veteran of the armed | ||||||
7 | forces of the United States, status as a current member or | ||||||
8 | veteran of any
reserve component of the armed forces of the | ||||||
9 | United States, including the United
States Army Reserve, | ||||||
10 | United States Marine Corps Reserve, United States Navy
| ||||||
11 | Reserve, United States Air Force Reserve, and United States | ||||||
12 | Coast Guard
Reserve, or status as a current member or veteran | ||||||
13 | of the Illinois Army National Guard or Illinois Air National
| ||||||
14 | Guard.
| ||||||
15 | (K) National origin. "National origin" means the place in | ||||||
16 | which a
person or one of his or her ancestors was born.
| ||||||
17 | (K-5) "Order of protection status" means a person's status | ||||||
18 | as being a person protected under an order of protection | ||||||
19 | issued pursuant to the Illinois Domestic Violence Act of 1986, | ||||||
20 | Article 112A of the Code of Criminal Procedure of 1963, the | ||||||
21 | Stalking No Contact Order Act, or the Civil No Contact Order | ||||||
22 | Act, or an order of protection issued by a court of another | ||||||
23 | state. | ||||||
24 | (L) Person. "Person" includes one or more individuals, | ||||||
25 | partnerships,
associations or organizations, labor | ||||||
26 | organizations, labor unions, joint
apprenticeship committees, |
| |||||||
| |||||||
1 | or union labor associations, corporations, the
State of | ||||||
2 | Illinois and its instrumentalities, political subdivisions, | ||||||
3 | units
of local government, legal representatives, trustees in | ||||||
4 | bankruptcy
or receivers.
| ||||||
5 | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | ||||||
6 | or medical or common conditions related to pregnancy or | ||||||
7 | childbirth. | ||||||
8 | (M) Public contract. "Public contract" includes every | ||||||
9 | contract to which the
State, any of its political | ||||||
10 | subdivisions, or any municipal corporation is a
party.
| ||||||
11 | (N) Religion. "Religion" includes all aspects of religious | ||||||
12 | observance
and practice, as well as belief, except that with | ||||||
13 | respect to employers, for
the purposes of Article 2, | ||||||
14 | "religion" has the meaning ascribed to it in
paragraph (F) of | ||||||
15 | Section 2-101.
| ||||||
16 | (O) Sex. "Sex" means the status of being male or female.
| ||||||
17 | (O-1) Sexual orientation. "Sexual orientation" means | ||||||
18 | actual or
perceived heterosexuality, homosexuality, | ||||||
19 | bisexuality, or gender-related identity,
whether or not | ||||||
20 | traditionally associated with the person's designated sex at
| ||||||
21 | birth. "Sexual orientation" does not include a physical or | ||||||
22 | sexual attraction to a minor by an adult.
| ||||||
23 | (P) Unfavorable military discharge. "Unfavorable military | ||||||
24 | discharge"
includes discharges from the Armed Forces of the | ||||||
25 | United States, their
Reserve components, or any National Guard | ||||||
26 | or Naval Militia which are
classified as RE-3 or the |
| |||||||
| |||||||
1 | equivalent thereof, but does not include those
characterized | ||||||
2 | as RE-4 or "Dishonorable".
| ||||||
3 | (Q) Unlawful discrimination. "Unlawful discrimination" | ||||||
4 | means discrimination
against a person because of his or her | ||||||
5 | actual or perceived: race, color, religion, national origin,
| ||||||
6 | ancestry, age, sex, marital status, order of protection | ||||||
7 | status, disability, military status, sexual
orientation, | ||||||
8 | pregnancy,
or unfavorable
discharge from military service as | ||||||
9 | those terms are defined in this Section.
| ||||||
10 | (Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; | ||||||
11 | 101-565, eff. 1-1-20; 101-656, eff. 3-23-21; 102-362, eff. | ||||||
12 | 1-1-22; 102-419, eff. 1-1-22; 102-558, eff. 8-20-21; revised | ||||||
13 | 9-29-21.)
| ||||||
14 | (775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
| ||||||
15 | Sec. 2-105. Equal Employment Opportunities; Affirmative | ||||||
16 | Action.
| ||||||
17 | (A) Public Contracts. Every party to a public contract and | ||||||
18 | every
eligible bidder shall:
| ||||||
19 | (1) Refrain from unlawful discrimination and | ||||||
20 | discrimination based on
citizenship status in employment | ||||||
21 | and undertake affirmative action to assure
equality of | ||||||
22 | employment opportunity and eliminate the effects of past
| ||||||
23 | discrimination;
| ||||||
24 | (2) Comply with the procedures and requirements of the | ||||||
25 | Department's
regulations concerning equal employment |
| |||||||
| |||||||
1 | opportunities and affirmative action;
| ||||||
2 | (3) Provide such information, with respect to its | ||||||
3 | employees and
applicants for employment, and assistance as | ||||||
4 | the Department may
reasonably request;
| ||||||
5 | (4) Have written sexual harassment policies that shall | ||||||
6 | include, at a
minimum, the following information: (i) the | ||||||
7 | illegality of
sexual harassment; (ii) the definition of | ||||||
8 | sexual harassment under State
law; (iii) a description of | ||||||
9 | sexual harassment, utilizing examples; (iv) the
vendor's | ||||||
10 | internal complaint process including penalties; (v) the | ||||||
11 | legal
recourse, investigative , and complaint process | ||||||
12 | available through the
Department and the Commission; (vi) | ||||||
13 | directions on how to contact the
Department and | ||||||
14 | Commission; and (vii) protection against retaliation as
| ||||||
15 | provided by Sections 6-101 and 6-101.5 of this Act. A copy | ||||||
16 | of the policies shall
be provided to the Department upon | ||||||
17 | request. Additionally, each bidder who submits a bid or | ||||||
18 | offer for a State contract under the Illinois Procurement | ||||||
19 | Code shall have a written copy of the bidder's sexual | ||||||
20 | harassment policy as required under this paragraph (4). A | ||||||
21 | copy of the policy shall be provided to the State agency | ||||||
22 | entering into the contract upon request.
| ||||||
23 | (B) State Agencies. Every State executive department, | ||||||
24 | State agency,
board, commission, and instrumentality shall:
| ||||||
25 | (1) Comply with the procedures and requirements of the | ||||||
26 | Department's
regulations concerning equal employment |
| |||||||
| |||||||
1 | opportunities and affirmative action . ;
| ||||||
2 | (2) Provide such information and assistance as the | ||||||
3 | Department may request.
| ||||||
4 | (3) Establish, maintain, and carry out a continuing | ||||||
5 | affirmative action
plan consistent with this Act and the | ||||||
6 | regulations of the Department designed
to promote equal | ||||||
7 | opportunity for all State residents in every aspect of
| ||||||
8 | agency personnel policy and practice. For purposes of | ||||||
9 | these affirmative
action plans, the race and national | ||||||
10 | origin categories to be included in the
plans are: | ||||||
11 | American Indian or Alaska Native, Asian, Black or African | ||||||
12 | American, Hispanic or Latino, Native Hawaiian or Other | ||||||
13 | Pacific Islander. | ||||||
14 | This plan shall
include a current detailed status | ||||||
15 | report:
| ||||||
16 | (a) indicating, by each position in State service, | ||||||
17 | the number,
percentage, and average salary of | ||||||
18 | individuals employed by race, national
origin, sex and | ||||||
19 | disability, and any other category that the Department | ||||||
20 | may
require by rule;
| ||||||
21 | (b) identifying all positions in which the | ||||||
22 | percentage of the people
employed by race, national | ||||||
23 | origin, sex and disability, and any other
category | ||||||
24 | that the Department may require by rule, is less than | ||||||
25 | four-fifths of
the percentage of each of those | ||||||
26 | components in the State work force;
|
| |||||||
| |||||||
1 | (c) specifying the goals and methods for | ||||||
2 | increasing the percentage
by race, national origin, | ||||||
3 | sex , and disability, and any other category
that the | ||||||
4 | Department may require by rule, in State positions;
| ||||||
5 | (d) indicating progress and problems toward | ||||||
6 | meeting equal employment
opportunity goals, including, | ||||||
7 | if applicable, but not limited to, Department
of | ||||||
8 | Central Management Services recruitment efforts, | ||||||
9 | publicity, promotions,
and use of options designating | ||||||
10 | positions by linguistic abilities;
| ||||||
11 | (e) establishing a numerical hiring goal for the | ||||||
12 | employment of
qualified persons with disabilities in | ||||||
13 | the agency as a whole, to be based
on the proportion of | ||||||
14 | people with work disabilities in the Illinois labor
| ||||||
15 | force as reflected in the most recent employment data | ||||||
16 | made available by the United States Census Bureau.
| ||||||
17 | (4) If the agency has 1000 or more employees, appoint | ||||||
18 | a full-time Equal
Employment Opportunity officer, subject | ||||||
19 | to the Department's approval, whose
duties shall include:
| ||||||
20 | (a) Advising the head of the particular State | ||||||
21 | agency with respect to the
preparation of equal | ||||||
22 | employment opportunity programs, procedures, | ||||||
23 | regulations,
reports, and the agency's affirmative | ||||||
24 | action plan.
| ||||||
25 | (b) Evaluating in writing each fiscal year the | ||||||
26 | sufficiency of the total
agency program for equal |
| |||||||
| |||||||
1 | employment opportunity and reporting thereon to
the | ||||||
2 | head of the agency with recommendations as to any | ||||||
3 | improvement or
correction in recruiting, hiring or | ||||||
4 | promotion needed, including remedial or
disciplinary | ||||||
5 | action with respect to managerial or supervisory | ||||||
6 | employees who
have failed to cooperate fully or who | ||||||
7 | are in violation of the program.
| ||||||
8 | (c) Making changes in recruitment, training and | ||||||
9 | promotion programs
and in hiring and promotion | ||||||
10 | procedures designed to eliminate
discriminatory | ||||||
11 | practices when authorized.
| ||||||
12 | (d) Evaluating tests, employment policies,
| ||||||
13 | practices , and qualifications
and reporting to the | ||||||
14 | head of the agency and to the Department any policies,
| ||||||
15 | practices and qualifications that have unequal impact | ||||||
16 | by race, national origin
as required by Department | ||||||
17 | rule, sex , or disability or any other category that
| ||||||
18 | the Department may require by rule, and to assist in | ||||||
19 | the recruitment of people
in underrepresented | ||||||
20 | classifications. This function shall be performed in
| ||||||
21 | cooperation with the State Department of Central | ||||||
22 | Management Services.
| ||||||
23 | (e) Making any aggrieved employee or applicant for | ||||||
24 | employment aware of
his or her remedies under this | ||||||
25 | Act.
| ||||||
26 | In any meeting, investigation, negotiation, |
| |||||||
| |||||||
1 | conference, or other
proceeding between a State | ||||||
2 | employee and an Equal Employment Opportunity
officer, | ||||||
3 | a State employee (1) who is not covered by a collective | ||||||
4 | bargaining
agreement and (2) who is the complaining | ||||||
5 | party or the subject of such
proceeding may be | ||||||
6 | accompanied, advised and represented by (1) an | ||||||
7 | attorney
licensed to practice law in the State of | ||||||
8 | Illinois or (2) a representative of an
employee | ||||||
9 | organization whose membership is composed of employees | ||||||
10 | of the State
and of which the employee is a member. A | ||||||
11 | representative of an employee, other
than an attorney, | ||||||
12 | may observe but may not actively participate, or | ||||||
13 | advise the
State employee during the course of such | ||||||
14 | meeting, investigation, negotiation,
conference , or | ||||||
15 | other proceeding. Nothing in this Section shall be
| ||||||
16 | construed to permit any person who is not licensed to | ||||||
17 | practice law in Illinois
to deliver any legal services | ||||||
18 | or otherwise engage in any activities that would
| ||||||
19 | constitute the unauthorized practice of law. Any | ||||||
20 | representative of an employee
who is present with the | ||||||
21 | consent of the employee, shall not, during or after
| ||||||
22 | termination of the relationship permitted by this | ||||||
23 | Section with the State
employee, use or reveal any | ||||||
24 | information obtained during the course of the
meeting, | ||||||
25 | investigation, negotiation, conference , or other | ||||||
26 | proceeding without the
consent of the complaining |
| |||||||
| |||||||
1 | party and any State employee who is the subject of
the | ||||||
2 | proceeding and pursuant to rules and regulations | ||||||
3 | governing confidentiality
of such information as | ||||||
4 | promulgated by the appropriate State agency.
| ||||||
5 | Intentional or reckless disclosure of information in | ||||||
6 | violation of these
confidentiality requirements shall | ||||||
7 | constitute a Class B misdemeanor.
| ||||||
8 | (5) Establish, maintain , and carry out a continuing | ||||||
9 | sexual harassment
program that shall include the | ||||||
10 | following:
| ||||||
11 | (a) Develop a written sexual harassment policy | ||||||
12 | that includes at a
minimum the following information: | ||||||
13 | (i) the illegality of sexual harassment;
(ii) the | ||||||
14 | definition of sexual harassment under State law; (iii) | ||||||
15 | a
description of sexual harassment, utilizing | ||||||
16 | examples; (iv) the agency's
internal complaint process | ||||||
17 | including penalties; (v) the legal recourse,
| ||||||
18 | investigative , and complaint process available through | ||||||
19 | the Department and
the Commission; (vi) directions on | ||||||
20 | how to contact the Department and
Commission; and | ||||||
21 | (vii) protection against retaliation as provided by | ||||||
22 | Section
6-101 of this Act. The policy shall be | ||||||
23 | reviewed annually.
| ||||||
24 | (b) Post in a prominent and accessible location | ||||||
25 | and distribute in a
manner to assure notice to all | ||||||
26 | agency employees without exception the
agency's sexual |
| |||||||
| |||||||
1 | harassment policy. Such documents may meet, but shall | ||||||
2 | not
exceed, the 6th grade literacy level. Distribution | ||||||
3 | shall be effectuated within
90 days of the effective | ||||||
4 | date of this amendatory Act of 1992 and shall occur
| ||||||
5 | annually thereafter.
| ||||||
6 | (c) Provide training on sexual harassment | ||||||
7 | prevention and the
agency's sexual harassment policy | ||||||
8 | as a component of all ongoing or new
employee training | ||||||
9 | programs.
| ||||||
10 | (6) Notify the Department 30 days before effecting any | ||||||
11 | layoff. Once
notice is given, the following shall occur:
| ||||||
12 | (a) No layoff may be effective
earlier than 10 | ||||||
13 | working days after
notice to the Department, unless an
| ||||||
14 | emergency layoff situation exists.
| ||||||
15 | (b) The State executive department, State agency, | ||||||
16 | board, commission,
or instrumentality in which the | ||||||
17 | layoffs are to occur must
notify each employee | ||||||
18 | targeted for layoff, the employee's union
| ||||||
19 | representative (if applicable), and the State | ||||||
20 | Dislocated Worker Unit at the
Department of Commerce | ||||||
21 | and Economic Opportunity.
| ||||||
22 | (c) The State executive department, State agency, | ||||||
23 | board, commission,
or instrumentality in
which the | ||||||
24 | layoffs are to occur must conform to applicable | ||||||
25 | collective
bargaining agreements.
| ||||||
26 | (d) The State executive department, State agency, |
| |||||||
| |||||||
1 | board, commission, or
instrumentality in which the | ||||||
2 | layoffs are to occur should notify each employee
| ||||||
3 | targeted for layoff that transitional assistance may | ||||||
4 | be available to him or her
under the Economic | ||||||
5 | Dislocation and Worker Adjustment Assistance Act
| ||||||
6 | administered by the Department of Commerce and | ||||||
7 | Economic Opportunity. Failure to
give such notice | ||||||
8 | shall not invalidate the layoff or postpone its | ||||||
9 | effective
date.
| ||||||
10 | As used in this subsection (B), "disability" shall be | ||||||
11 | defined in
rules promulgated under the Illinois Administrative
| ||||||
12 | Procedure Act.
| ||||||
13 | (C) Civil Rights Violations. It is a civil rights | ||||||
14 | violation for any
public contractor or eligible bidder to:
| ||||||
15 | (1) fail to comply with the public contractor's or | ||||||
16 | eligible bidder's
duty to refrain from unlawful | ||||||
17 | discrimination and discrimination based on
citizenship | ||||||
18 | status in employment under subsection (A)(1) of this | ||||||
19 | Section; or
| ||||||
20 | (2) fail to comply with the public contractor's or | ||||||
21 | eligible bidder's
duties of affirmative action under | ||||||
22 | subsection (A) of this Section, provided
however, that the
| ||||||
23 | Department has notified the public contractor or eligible | ||||||
24 | bidder in writing
by certified mail that the public | ||||||
25 | contractor or eligible bidder may not be
in compliance | ||||||
26 | with affirmative action requirements of subsection (A). A
|
| |||||||
| |||||||
1 | minimum
of 60 days to comply with the requirements shall | ||||||
2 | be afforded to the public
contractor or eligible bidder | ||||||
3 | before the Department may issue formal notice of
| ||||||
4 | non-compliance.
| ||||||
5 | (D) As used in this Section: | ||||||
6 | (1) "American Indian or Alaska Native" means a person | ||||||
7 | having origins in any of the original peoples of North and | ||||||
8 | South America, including Central America, and who | ||||||
9 | maintains tribal affiliation or community attachment. | ||||||
10 | (2) "Asian" means a person having origins in any of | ||||||
11 | the original peoples of the Far East, Southeast Asia, or | ||||||
12 | the Indian subcontinent, including, but not limited to, | ||||||
13 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
14 | the Philippine Islands, Thailand, and Vietnam. | ||||||
15 | (3) "Black or African American" means a person having | ||||||
16 | origins in any of the black racial groups of Africa. | ||||||
17 | (4) "Hispanic or Latino" means a person of Cuban, | ||||||
18 | Mexican, Puerto Rican, South or Central American, or other | ||||||
19 | Spanish culture or origin, regardless of race. | ||||||
20 | (5) "Native Hawaiian or Other Pacific Islander" means | ||||||
21 | a person having origins in any of the original peoples of | ||||||
22 | Hawaii, Guam, Samoa, or other Pacific Islands. | ||||||
23 | (Source: P.A. 102-362, eff. 1-1-22; 102-465, eff. 1-1-22; | ||||||
24 | revised 9-22-21.)
| ||||||
25 | (775 ILCS 5/6-101) (from Ch. 68, par. 6-101)
|
| |||||||
| |||||||
1 | Sec. 6-101. Additional civil rights violations under | ||||||
2 | Articles 2, 4, 5, and 5A. It is a civil rights
violation for a | ||||||
3 | person, or for 2 or more persons, to conspire , to:
| ||||||
4 | (A) Retaliation. Retaliate against a person because he | ||||||
5 | or she has
opposed that which he or she reasonably and in | ||||||
6 | good faith believes to be
unlawful discrimination, sexual | ||||||
7 | harassment in employment, sexual
harassment in elementary, | ||||||
8 | secondary, and higher
education, or discrimination based | ||||||
9 | on arrest record , or citizenship status , or work | ||||||
10 | authorization status
in employment under Articles 2, 4, 5, | ||||||
11 | and 5A, because he or she has made a charge, filed a | ||||||
12 | complaint,
testified, assisted, or participated in an | ||||||
13 | investigation, proceeding, or
hearing under this Act, or | ||||||
14 | because he or she has requested, attempted to request, | ||||||
15 | used, or attempted to use a reasonable accommodation as | ||||||
16 | allowed by this Act;
| ||||||
17 | (B) Aiding and Abetting; Coercion. Aid, abet, compel , | ||||||
18 | or coerce a
person to commit any violation of this Act;
| ||||||
19 | (C) Interference. Wilfully interfere with the | ||||||
20 | performance of a duty
or the exercise of a power by the | ||||||
21 | Commission or one of its members or
representatives or the | ||||||
22 | Department or one of its officers or employees.
| ||||||
23 | Definitions. For the purposes of this Section, "sexual
| ||||||
24 | harassment", "citizenship status", and "work authorization | ||||||
25 | status" shall have the same meaning as defined in
Section | ||||||
26 | 2-101 of this Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22; | ||||||
2 | revised 10-12-21.)
| ||||||
3 | Section 715. The Human Trafficking Resource Center Notice | ||||||
4 | Act is amended by changing Section 5 as follows:
| ||||||
5 | (775 ILCS 50/5)
| ||||||
6 | Sec. 5. Posted notice required. | ||||||
7 | (a) Each of the following businesses and other | ||||||
8 | establishments shall, upon the availability of the model | ||||||
9 | notice described in Section 15 of this Act, post a notice that | ||||||
10 | complies with the requirements of this Act in a conspicuous | ||||||
11 | place near the public entrance of the establishment, in all
| ||||||
12 | restrooms open to the public, or in another conspicuous | ||||||
13 | location in clear view of the public and employees where | ||||||
14 | similar notices are customarily posted: | ||||||
15 | (1) On premise consumption retailer licensees under | ||||||
16 | the Liquor Control Act of 1934 where the sale of alcoholic | ||||||
17 | liquor is the principal
business carried on by the | ||||||
18 | licensee at the premises and primary to the
sale of food. | ||||||
19 | (2) Adult entertainment facilities, as defined in | ||||||
20 | Section 5-1097.5 of the Counties Code. | ||||||
21 | (3) Primary airports, as defined in Section 47102(16) | ||||||
22 | of Title 49 of the United States Code. | ||||||
23 | (4) Intercity passenger rail or light rail stations. | ||||||
24 | (5) Bus stations. |
| |||||||
| |||||||
1 | (6) Truck stops. For purposes of this Act, "truck | ||||||
2 | stop" means a privately-owned and operated facility that | ||||||
3 | provides food, fuel, shower or other sanitary facilities, | ||||||
4 | and lawful overnight truck parking. | ||||||
5 | (7) Emergency rooms within general acute care | ||||||
6 | hospitals, in which case the notice may be posted by | ||||||
7 | electronic means. | ||||||
8 | (8) Urgent care centers, in which case the notice may | ||||||
9 | be posted by electronic means. | ||||||
10 | (9) Farm labor contractors. For purposes of this Act, | ||||||
11 | "farm labor contractor" means: (i) any person who for a | ||||||
12 | fee or other valuable consideration recruits, supplies, or | ||||||
13 | hires, or transports in connection therewith, into or | ||||||
14 | within the State, any farmworker not of the contractor's | ||||||
15 | immediate family to work for, or under the direction, | ||||||
16 | supervision, or control of, a third person; or (ii) any | ||||||
17 | person who for a fee or other valuable consideration | ||||||
18 | recruits, supplies, or hires, or transports in connection | ||||||
19 | therewith, into or within the State, any farmworker not of | ||||||
20 | the contractor's immediate family, and who for a fee or | ||||||
21 | other valuable consideration directs, supervises, or | ||||||
22 | controls all or any part of the work of the farmworker or | ||||||
23 | who disburses wages to the farmworker. However, "farm | ||||||
24 | labor contractor" does not include full-time regular | ||||||
25 | employees of food processing companies when the employees | ||||||
26 | are engaged in recruiting for the companies if those |
| |||||||
| |||||||
1 | employees are not compensated according to the number of | ||||||
2 | farmworkers they recruit. | ||||||
3 | (10) Privately-operated job recruitment centers. | ||||||
4 | (11) Massage establishments. As used in this Act, | ||||||
5 | "massage establishment" means a place of business in which | ||||||
6 | any method of massage therapy is administered or practiced | ||||||
7 | for compensation. "Massage establishment" does not | ||||||
8 | include: an establishment at which persons licensed under | ||||||
9 | the Medical Practice Act of 1987, the Illinois Physical | ||||||
10 | Therapy Act, or the Naprapathic Practice Act engage in | ||||||
11 | practice under one of those Acts; a business owned by a | ||||||
12 | sole licensed massage therapist; or a cosmetology or | ||||||
13 | esthetics salon registered under the Barber, Cosmetology, | ||||||
14 | Esthetics, Hair Braiding, and Nail Technology Act of 1985. | ||||||
15 | (b) The Department of Transportation shall, upon the | ||||||
16 | availability of the model notice described in Section 15 of | ||||||
17 | this Act, post a notice that complies with the requirements of | ||||||
18 | this Act in a conspicuous place near the public entrance of | ||||||
19 | each roadside rest area or in another conspicuous location in | ||||||
20 | clear view of the public and employees where similar notices | ||||||
21 | are customarily posted.
| ||||||
22 | (c) The owner of a hotel or motel shall, upon the | ||||||
23 | availability of the model notice described in Section 15 of | ||||||
24 | this Act, post a notice that complies with the requirements of | ||||||
25 | this Act in a conspicuous and accessible place in or about the | ||||||
26 | premises in clear view of the employees where similar notices |
| |||||||
| |||||||
1 | are customarily posted. | ||||||
2 | (d) The organizer of a public gathering or special event | ||||||
3 | that is conducted on property open to the public and requires | ||||||
4 | the issuance of a permit from the unit of local government | ||||||
5 | shall post a notice that complies with the requirements of | ||||||
6 | this Act in a conspicuous and accessible place in or about the | ||||||
7 | premises in clear view of the public and employees where | ||||||
8 | similar notices are customarily posted. | ||||||
9 | (e) The administrator of a public or private elementary | ||||||
10 | school or public or private secondary school shall post a | ||||||
11 | printout of the downloadable notice provided by the Department | ||||||
12 | of Human Services under Section 15 that complies with the | ||||||
13 | requirements of this Act in a conspicuous and accessible place | ||||||
14 | chosen by the administrator in the administrative office or | ||||||
15 | another location in view of school employees. School districts | ||||||
16 | and personnel are not subject to the penalties provided under | ||||||
17 | subsection (a) of Section 20. | ||||||
18 | (f) The owner of an establishment registered under the | ||||||
19 | Tattoo and Body Piercing Establishment Registration Act shall | ||||||
20 | post a notice that complies with the requirements of this Act | ||||||
21 | in a conspicuous and accessible place in clear view of | ||||||
22 | establishment employees. | ||||||
23 | (Source: P.A. 102-4, eff. 4-27-21; 102-131, eff. 1-1-22; | ||||||
24 | revised 8-3-21.) | ||||||
25 | Section 720. The Business Corporation Act of 1983 is |
| |||||||
| |||||||
1 | amended by changing Sections 8.12 and 15.65 as follows: | ||||||
2 | (805 ILCS 5/8.12) | ||||||
3 | Sec. 8.12. Female, minority, and LGBTQ directors. | ||||||
4 | (a) Findings and purpose. The General Assembly finds that | ||||||
5 | women, minorities, and LGBTQ people are still largely | ||||||
6 | underrepresented nationally in positions of corporate | ||||||
7 | authority, such as serving as a director on a corporation's | ||||||
8 | board of directors. This low representation could be | ||||||
9 | contributing to the disparity seen in wages made by females | ||||||
10 | and minorities versus their white male counterparts. Increased | ||||||
11 | representation of these individuals as directors on boards of | ||||||
12 | directors for corporations may boost the Illinois economy, | ||||||
13 | improve opportunities for women, minorities, and LGBTQ people | ||||||
14 | in the workplace, and foster an environment in Illinois where | ||||||
15 | the business community is representative of our residents. | ||||||
16 | Therefore, it is the intent of the General Assembly to gather | ||||||
17 | more data and study this issue within the State so that | ||||||
18 | effective policy changes may be implemented to eliminate this | ||||||
19 | disparity. | ||||||
20 | (b) As used in this Section: | ||||||
21 | "Annual report" means the report submitted annually to the | ||||||
22 | Secretary of State pursuant to this Act. | ||||||
23 | "Female" means a person who is a citizen or
lawful | ||||||
24 | permanent resident of the United States and who | ||||||
25 | self-identifies as a woman, without regard to the individual's |
| |||||||
| |||||||
1 | designated sex at birth. | ||||||
2 | "Minority person" means a person who is a
citizen or | ||||||
3 | lawful permanent resident of the United States and who is any | ||||||
4 | of the following races or ethnicities: | ||||||
5 | (1) American Indian or Alaska Native (a person
having | ||||||
6 | origins in any of the original peoples of North and South | ||||||
7 | America, including Central America, and who maintains | ||||||
8 | tribal affiliation or community attachment). | ||||||
9 | (2) Asian (a person having origins in any of the
| ||||||
10 | original peoples of the Far East, Southeast Asia, or the | ||||||
11 | Indian subcontinent, including, but not limited to, | ||||||
12 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
13 | the Philippine Islands, Thailand, and Vietnam). | ||||||
14 | (3) Black or African American (a person having
origins | ||||||
15 | in any of the black racial groups of Africa). Terms such as | ||||||
16 | "Haitian" or "Negro" can be used in addition to "Black" or | ||||||
17 | "African American". | ||||||
18 | (4) Hispanic or Latino (a person of Cuban,
Mexican, | ||||||
19 | Puerto Rican, South or Central American, or other Spanish | ||||||
20 | culture or origin, regardless of race). | ||||||
21 | (5) Native Hawaiian or Other Pacific Islander (a
| ||||||
22 | person having origins in any of the original peoples of | ||||||
23 | Hawaii, Guam, Samoa, or other Pacific Islands). | ||||||
24 | (6) "Publicly held domestic or foreign corporation" | ||||||
25 | means a corporation with outstanding shares listed on a | ||||||
26 | major United States stock exchange. |
| |||||||
| |||||||
1 | (c) Reporting to the Secretary of State. As soon as | ||||||
2 | practical after August 27, 2019 ( the effective date of Public | ||||||
3 | Act 101-589) this amendatory Act of the 101st General | ||||||
4 | Assembly , but no later than January 1, 2021, the following | ||||||
5 | information shall be provided in a corporation's annual report | ||||||
6 | submitted to the Secretary of State under this Act and made | ||||||
7 | available by the Secretary of State to the public online as it | ||||||
8 | is received: | ||||||
9 | (1) Whether the corporation is a publicly held | ||||||
10 | domestic or foreign corporation with its principal | ||||||
11 | executive office located in Illinois. | ||||||
12 | (2) Where the corporation is a publicly held domestic | ||||||
13 | or foreign corporation with its principal executive office | ||||||
14 | located in Illinois, data on specific qualifications, | ||||||
15 | skills, and experience that the corporation considers for | ||||||
16 | its board of directors, nominees for the board of | ||||||
17 | directors, and executive officers. | ||||||
18 | (3) Where the corporation is a publicly held domestic | ||||||
19 | or foreign corporation with its principal executive office | ||||||
20 | located in Illinois, the self-identified gender of each | ||||||
21 | member of its board of directors. | ||||||
22 | (4) Where the corporation is a publicly held domestic | ||||||
23 | or foreign corporation with its principal executive office | ||||||
24 | located in Illinois, whether each member of its board of | ||||||
25 | directors self-identifies as a minority person and, if so, | ||||||
26 | which race or ethnicity to which the member belongs. |
| |||||||
| |||||||
1 | (5) Where the corporation is a publicly held domestic | ||||||
2 | or foreign corporation with its principal executive office | ||||||
3 | located in Illinois, the self-identified sexual | ||||||
4 | orientation of each member of its board of directors. | ||||||
5 | (6) Where the corporation is a publicly held domestic | ||||||
6 | or foreign corporation with its principal executive office | ||||||
7 | located in Illinois, the self-identified gender identity | ||||||
8 | of each member of its board of directors. | ||||||
9 | (7) 7 Where the corporation is a publicly held | ||||||
10 | domestic or foreign corporation with its principal | ||||||
11 | executive office located in Illinois, a description of the | ||||||
12 | corporation's process for identifying and evaluating | ||||||
13 | nominees for the board of directors, including whether | ||||||
14 | and, if so, how demographic diversity is considered. | ||||||
15 | (8) 8 Where the corporation is a publicly held | ||||||
16 | domestic or foreign corporation with its principal | ||||||
17 | executive office located in Illinois, a description of the | ||||||
18 | corporation's process for identifying and appointing | ||||||
19 | executive officers, including whether and, if so, how | ||||||
20 | demographic diversity is considered. | ||||||
21 | (9) 9 Where the corporation is a publicly held | ||||||
22 | domestic or foreign corporation with its principal | ||||||
23 | executive office located in Illinois, a description of the | ||||||
24 | corporation's policies and practices for promoting | ||||||
25 | diversity, equity, and inclusion among its board of | ||||||
26 | directors and executive officers. |
| |||||||
| |||||||
1 | Information reported under this subsection shall be | ||||||
2 | updated in each annual report filed with the Secretary of | ||||||
3 | State thereafter. | ||||||
4 | (d) Beginning no later than March 1, 2021, and every March | ||||||
5 | 1 thereafter, the University of Illinois Systems shall review | ||||||
6 | the information reported and published under subsection (c) | ||||||
7 | and shall publish on its website a report that provides | ||||||
8 | aggregate data on the demographic characteristics of the | ||||||
9 | boards of directors and executive officers of corporations | ||||||
10 | filing an annual report for the preceding year along with an | ||||||
11 | individualized rating for each corporation. The report shall | ||||||
12 | also identify strategies for promoting diversity and inclusion | ||||||
13 | among boards of directors and corporate executive officers. | ||||||
14 | (e) The University of Illinois System shall establish a | ||||||
15 | rating system assessing the representation of women, | ||||||
16 | minorities, and LGBTQ people on corporate boards of directors | ||||||
17 | of those corporations that are publicly held domestic or | ||||||
18 | foreign corporations with their principal executive office | ||||||
19 | located in Illinois based on the information gathered under | ||||||
20 | this Section. The rating system shall consider, among other | ||||||
21 | things: compliance with the demographic reporting obligations | ||||||
22 | in subsection (c); the corporation's policies and practices | ||||||
23 | for encouraging diversity in recruitment, board membership, | ||||||
24 | and executive appointments; and the demographic diversity of | ||||||
25 | board seats and executive positions.
| ||||||
26 | (Source: P.A. 101-589, eff. 8-27-19; 102-223, eff. 1-1-22; |
| |||||||
| |||||||
1 | revised 11-24-21.)
| ||||||
2 | (805 ILCS 5/15.65) (from Ch. 32, par. 15.65)
| ||||||
3 | (Section scheduled to be repealed on December 31, 2024)
| ||||||
4 | Sec. 15.65. Franchise taxes payable by foreign | ||||||
5 | corporations. For the privilege of exercising its authority to | ||||||
6 | transact such business
in this State as set out in its | ||||||
7 | application therefor or any amendment
thereto, each foreign | ||||||
8 | corporation shall pay to the Secretary of State the
following | ||||||
9 | franchise taxes, computed on the basis, at the rates and for | ||||||
10 | the
periods prescribed in this Act:
| ||||||
11 | (a) An initial franchise tax at the time of filing its | ||||||
12 | application for
authority to transact business in this | ||||||
13 | State.
| ||||||
14 | (b) An additional franchise tax at the time of filing | ||||||
15 | (1) a report of
the issuance of additional shares, or (2) a | ||||||
16 | report of an increase in paid-in
capital without the | ||||||
17 | issuance of shares, or (3) a report of cumulative
changes | ||||||
18 | in paid-in capital or a report of an exchange or | ||||||
19 | reclassification
of shares, whenever any such report | ||||||
20 | discloses an increase in its paid-in
capital over the | ||||||
21 | amount thereof last reported in any document, other than
| ||||||
22 | an annual report, interim annual report or final | ||||||
23 | transition annual report,
required by this Act to be filed | ||||||
24 | in the office of the Secretary of State.
| ||||||
25 | (c) Whenever the corporation shall be a party to a |
| |||||||
| |||||||
1 | statutory merger and
shall be the surviving corporation, | ||||||
2 | an additional franchise tax at the time
of filing its | ||||||
3 | report following merger, if such report discloses that the
| ||||||
4 | amount represented in this State of its paid-in capital | ||||||
5 | immediately after
the merger is greater than the aggregate | ||||||
6 | of the amounts represented in this
State of the paid-in | ||||||
7 | capital of such of the merged corporations as were
| ||||||
8 | authorized to transact business in this State at the time | ||||||
9 | of the merger, as
last reported by them in any documents, | ||||||
10 | other than annual reports, required
by this Act to be | ||||||
11 | filed in the office of the Secretary of State; and in
| ||||||
12 | addition, the surviving corporation shall be liable for a | ||||||
13 | further
additional franchise tax on the paid-in capital of | ||||||
14 | each of the merged
corporations as last reported by them | ||||||
15 | in any document, other than an annual
report, required by | ||||||
16 | this Act to be filed with the Secretary
of State, from | ||||||
17 | their taxable year end to the next succeeding anniversary
| ||||||
18 | month or, in the case of a corporation which has | ||||||
19 | established an extended
filing month, the extended filing | ||||||
20 | month of the surviving corporation;
however if the taxable | ||||||
21 | year ends within the 2-month period immediately
preceding | ||||||
22 | the anniversary month or the extended filing month of the
| ||||||
23 | surviving corporation, the tax will be computed to the | ||||||
24 | anniversary or,
extended filing month of the surviving | ||||||
25 | corporation in the next succeeding
calendar year.
| ||||||
26 | (d) An annual franchise tax payable each year with any
|
| |||||||
| |||||||
1 | annual report which the corporation is required by this | ||||||
2 | Act to file.
| ||||||
3 | On or after January 1, 2020 and prior to January 1, 2021, | ||||||
4 | the first $30 in liability is exempt from the tax imposed under | ||||||
5 | this Section. On or after January 1, 2021, the first $1,000 in | ||||||
6 | liability is exempt from the tax imposed under this Section. | ||||||
7 | Public Act 101-9 | ||||||
8 | (Source: P.A. 101-9, eff. 6-5-19; 102-16, eff. 6-17-21; | ||||||
9 | 102-558, eff. 8-20-21; revised 10-21-21.)
| ||||||
10 | Section 725. The Consumer Fraud and Deceptive Business | ||||||
11 | Practices Act is amended by setting forth and renumbering | ||||||
12 | multiple versions of Section 2WWW as follows: | ||||||
13 | (815 ILCS 505/2WWW) | ||||||
14 | Sec. 2WWW. Termination or early cancellation fees for | ||||||
15 | deceased persons. | ||||||
16 | (a) Subject to federal law and regulation, no provider of | ||||||
17 | telephone, cellular telephone, television, Internet, energy, | ||||||
18 | medical alert system, or water services shall impose a fee for | ||||||
19 | termination or early cancellation of a service contract in the | ||||||
20 | event the customer has deceased before the end of the | ||||||
21 | contract. | ||||||
22 | (b) Every violation of this Section is an unlawful | ||||||
23 | practice within the meaning of this Act.
| ||||||
24 | (Source: P.A. 102-112, eff. 1-1-22.)
|
| |||||||
| |||||||
1 | (815 ILCS 505/2XXX)
| ||||||
2 | Sec. 2XXX 2WWW . Disclosure requirements for manufactured | ||||||
3 | homes. | ||||||
4 | (a) A lender, or agent of a lending company, when offering | ||||||
5 | terms for a mortgage note for the purchase of a manufactured | ||||||
6 | home, as defined in the Mobile Home Park Act, that has not been | ||||||
7 | caused to be deemed to be real property by satisfying the | ||||||
8 | requirements of the Conveyance and Encumbrance of Manufactured | ||||||
9 | Homes as Real Property and Severance Act, shall disclose: | ||||||
10 | (1) any affiliation between the landlord and the | ||||||
11 | lending company; | ||||||
12 | (2) that the loan is a chattel loan; | ||||||
13 | (3) that the terms of a chattel loan prohibit | ||||||
14 | refinancing; | ||||||
15 | (4) that, depending on where the consumer affixes the | ||||||
16 | manufactured home (be it property owned by the consumer or | ||||||
17 | on certain types of leased land), the manufactured home | ||||||
18 | may qualify as real property under the Conveyance and | ||||||
19 | Encumbrance of Manufactured Homes as Real Property and | ||||||
20 | Severance Act; and | ||||||
21 | (5) any other reason that prohibits refinancing. | ||||||
22 | (b) A violation of this Section constitutes an unlawful | ||||||
23 | practice within the meaning of this Act.
| ||||||
24 | (Source: P.A. 102-365, eff. 1-1-22; revised 11-12-21.)
|
| |||||||
| |||||||
1 | (815 ILCS 505/2YYY)
| ||||||
2 | Sec. 2YYY 2WWW . Deceptive practices targeting veterans and | ||||||
3 | military members. | ||||||
4 | (a) As used in this Section: | ||||||
5 | "Veteran or military benefits services" means any services | ||||||
6 | offered or provided to a veteran, military member, or family | ||||||
7 | member who is entitled to receive benefits under federal, | ||||||
8 | State, or local law, policy, or practice as a result of, at | ||||||
9 | least in part, qualifying military service. Such services | ||||||
10 | include assistance in obtaining benefits, increasing benefits, | ||||||
11 | or appealing a decision related to obtaining or increasing | ||||||
12 | benefits. | ||||||
13 | "Veteran's services disclosure" means providing, in upper | ||||||
14 | case type in size at least as large as the type size of the | ||||||
15 | written communication or by voice-over, the following | ||||||
16 | statement: "VETERAN AND MILITARY BENEFITS SERVICES ARE | ||||||
17 | AVAILABLE FREE OF CHARGE FROM COUNTY VETERAN SERVICE OFFICERS, | ||||||
18 | THE ILLINOIS DEPARTMENT OF VETERANS AFFAIRS, AND FEDERALLY | ||||||
19 | CHARTERED VETERAN SERVICE ORGANIZATIONS. TO LEARN MORE, | ||||||
20 | CONTACT THESE ORGANIZATIONS OR THE ILLINOIS ATTORNEY GENERAL'S | ||||||
21 | OFFICE AT 1-800-382-3000.". | ||||||
22 | (b) It is an unlawful practice within the meaning of this | ||||||
23 | Act for any person providing veteran or military benefits | ||||||
24 | services to: | ||||||
25 | (1) Fail in any advertising to conspicuously disclose | ||||||
26 | a veteran's services disclosure when veteran or military |
| |||||||
| |||||||
1 | benefits services are provided in exchange for a benefit | ||||||
2 | or thing of value. | ||||||
3 | (2) Fail to obtain, or to obtain a pending application | ||||||
4 | for, all veteran or military benefits services | ||||||
5 | qualifications, certifications, and accreditations | ||||||
6 | required under State or federal law. | ||||||
7 | (3) Fail, when acting as a fiduciary for a veteran | ||||||
8 | receiving benefits, to meet the responsibilities of | ||||||
9 | fiduciaries under 38 CFR 13.140. | ||||||
10 | (4) Fail, when providing representation before the | ||||||
11 | United States Department of Veterans Affairs, to meet the | ||||||
12 | standards of conduct under 38 CFR 14.632. | ||||||
13 | (5) Charge fees or expenses in violation of 38 CFR | ||||||
14 | 14.636 or 14.637.
| ||||||
15 | (Source: P.A. 102-386, eff. 1-1-22; revised 11-12-21.)
| ||||||
16 | (815 ILCS 505/2ZZZ)
| ||||||
17 | Sec. 2ZZZ 2WWW . Violations of the Educational Planning | ||||||
18 | Services Consumer Protection Act. Any person who violates the | ||||||
19 | Educational Planning Services Consumer Protection Act commits | ||||||
20 | an unlawful practice within the meaning of this Act.
| ||||||
21 | (Source: P.A. 102-571, eff. 1-1-22; revised 11-12-21.)
| ||||||
22 | Section 730. The Prevailing Wage Act is amended by | ||||||
23 | changing Section 2 as follows:
|
| |||||||
| |||||||
1 | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
| ||||||
2 | Sec. 2. This Act applies to the wages of laborers, | ||||||
3 | mechanics and
other workers employed in any public works, as | ||||||
4 | hereinafter defined, by
any public body and to anyone under | ||||||
5 | contracts for public works. This includes any maintenance, | ||||||
6 | repair, assembly, or disassembly work performed on equipment | ||||||
7 | whether owned, leased, or rented.
| ||||||
8 | As used in this Act, unless the context indicates | ||||||
9 | otherwise:
| ||||||
10 | "Public works" means all fixed works constructed or | ||||||
11 | demolished by
any public body,
or paid for wholly or in part | ||||||
12 | out of public funds. "Public works" as
defined herein includes | ||||||
13 | all projects financed in whole
or in part with bonds, grants, | ||||||
14 | loans, or other funds made available by or through the State or | ||||||
15 | any of its political subdivisions, including but not limited | ||||||
16 | to: bonds issued under the Industrial Project Revenue Bond
Act | ||||||
17 | (Article 11, Division 74 of the Illinois Municipal Code), the | ||||||
18 | Industrial
Building Revenue Bond Act, the Illinois Finance | ||||||
19 | Authority Act,
the Illinois Sports Facilities Authority Act, | ||||||
20 | or the Build Illinois Bond Act; loans or other funds made
| ||||||
21 | available pursuant to the Build Illinois Act; loans or other | ||||||
22 | funds made available pursuant to the Riverfront Development | ||||||
23 | Fund under Section 10-15 of the River Edge Redevelopment Zone | ||||||
24 | Act; or funds from the Fund for
Illinois' Future under Section | ||||||
25 | 6z-47 of the State Finance Act, funds for school
construction | ||||||
26 | under Section 5 of the General Obligation Bond Act, funds
|
| |||||||
| |||||||
1 | authorized under Section 3 of the School Construction Bond | ||||||
2 | Act, funds for
school infrastructure under Section 6z-45 of | ||||||
3 | the State Finance Act, and funds
for transportation purposes | ||||||
4 | under Section 4 of the General Obligation Bond
Act. "Public | ||||||
5 | works" also includes (i) all projects financed in whole or in | ||||||
6 | part
with funds from the Environmental Protection Agency under | ||||||
7 | the Illinois Renewable Fuels Development Program
Act for which | ||||||
8 | there is no project labor agreement; (ii) all work performed | ||||||
9 | pursuant to a public private agreement under the Public | ||||||
10 | Private Agreements for the Illiana Expressway Act or the | ||||||
11 | Public-Private Agreements for the South Suburban Airport Act; | ||||||
12 | and (iii) all projects undertaken under a public-private | ||||||
13 | agreement under the Public-Private Partnerships for | ||||||
14 | Transportation Act. "Public works" also includes all projects | ||||||
15 | at leased facility property used for airport purposes under | ||||||
16 | Section 35 of the Local Government Facility Lease Act. "Public | ||||||
17 | works" also includes the construction of a new wind power | ||||||
18 | facility by a business designated as a High Impact Business | ||||||
19 | under Section 5.5(a)(3)(E) and the construction of a new | ||||||
20 | utility-scale solar power facility by a business designated as | ||||||
21 | a High Impact Business under Section 5.5(a)(3)(E-5) of the | ||||||
22 | Illinois Enterprise Zone Act.
"Public works" also includes | ||||||
23 | electric vehicle charging station projects financed pursuant | ||||||
24 | to the Electric Vehicle Act and renewable energy projects | ||||||
25 | required to pay the prevailing wage pursuant to the Illinois | ||||||
26 | Power Agency Act. "Public works" does not include work done |
| |||||||
| |||||||
1 | directly by any public utility company, whether or not done | ||||||
2 | under public supervision or direction, or paid for wholly or | ||||||
3 | in part out of public funds. "Public works" also includes | ||||||
4 | construction projects performed by a third party contracted by | ||||||
5 | any public utility, as described in subsection (a) of Section | ||||||
6 | 2.1, in public rights-of-way, as defined in Section 21-201 of | ||||||
7 | the Public Utilities Act, whether or not done under public | ||||||
8 | supervision or direction, or paid for wholly or in part out of | ||||||
9 | public funds. "Public works" also includes construction | ||||||
10 | projects that exceed 15 aggregate miles of new fiber optic | ||||||
11 | cable, performed by a third party contracted by any public | ||||||
12 | utility, as described in subsection (b) of Section 2.1, in | ||||||
13 | public rights-of-way, as defined in Section 21-201 of the | ||||||
14 | Public Utilities Act, whether or not done under public | ||||||
15 | supervision or direction, or paid for wholly or in part out of | ||||||
16 | public funds. "Public works" also includes any corrective | ||||||
17 | action performed pursuant to Title XVI of the Environmental | ||||||
18 | Protection Act for which payment from the Underground Storage | ||||||
19 | Tank Fund is requested. "Public works" does not include | ||||||
20 | projects undertaken by the owner at an owner-occupied | ||||||
21 | single-family residence or at an owner-occupied unit of a | ||||||
22 | multi-family residence. "Public works" does not include work | ||||||
23 | performed for soil and water conservation purposes on | ||||||
24 | agricultural lands, whether or not done under public | ||||||
25 | supervision or paid for wholly or in part out of public funds, | ||||||
26 | done directly by an owner or person who has legal control of |
| |||||||
| |||||||
1 | those lands.
| ||||||
2 | "Construction" means all work on public works involving | ||||||
3 | laborers,
workers or mechanics. This includes any maintenance, | ||||||
4 | repair, assembly, or disassembly work performed on equipment | ||||||
5 | whether owned, leased, or rented.
| ||||||
6 | "Locality" means the county where the physical work upon | ||||||
7 | public works
is performed, except (1) that if there is not | ||||||
8 | available in the county a
sufficient number of competent | ||||||
9 | skilled laborers, workers and mechanics
to construct the | ||||||
10 | public works efficiently and properly, "locality"
includes any | ||||||
11 | other county nearest the one in which the work or
construction | ||||||
12 | is to be performed and from which such persons may be
obtained | ||||||
13 | in sufficient numbers to perform the work and (2) that, with
| ||||||
14 | respect to contracts for highway work with the Department of
| ||||||
15 | Transportation of this State, "locality" may at the discretion | ||||||
16 | of the
Secretary of the Department of Transportation be | ||||||
17 | construed to include
two or more adjacent counties from which | ||||||
18 | workers may be accessible for
work on such construction.
| ||||||
19 | "Public body" means the State or any officer, board or | ||||||
20 | commission of
the State or any political subdivision or | ||||||
21 | department thereof, or any
institution supported in whole or | ||||||
22 | in part by public funds,
and includes every county, city, | ||||||
23 | town,
village, township, school district, irrigation, utility, | ||||||
24 | reclamation
improvement or other district and every other | ||||||
25 | political subdivision,
district or municipality of the state | ||||||
26 | whether such political
subdivision, municipality or district |
| |||||||
| |||||||
1 | operates under a special charter
or not.
| ||||||
2 | "Labor organization" means an organization that is the | ||||||
3 | exclusive representative of an
employer's employees recognized | ||||||
4 | or certified pursuant to the National Labor Relations Act. | ||||||
5 | The terms "general prevailing rate of hourly wages", | ||||||
6 | "general
prevailing rate of wages" or "prevailing rate of | ||||||
7 | wages" when used in
this Act mean the hourly cash wages plus | ||||||
8 | annualized fringe benefits for training and
apprenticeship | ||||||
9 | programs approved by the U.S. Department of Labor, Bureau of
| ||||||
10 | Apprenticeship and Training, health and welfare, insurance, | ||||||
11 | vacations and
pensions paid generally, in the
locality in | ||||||
12 | which the work is being performed, to employees engaged in
| ||||||
13 | work of a similar character on public works.
| ||||||
14 | (Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21; | ||||||
15 | 102-673, eff. 11-30-21; revised 12-9-21.)
| ||||||
16 | Section 735. The Unemployment Insurance Act is amended by | ||||||
17 | changing Section 1900 as follows:
| ||||||
18 | (820 ILCS 405/1900) (from Ch. 48, par. 640)
| ||||||
19 | Sec. 1900. Disclosure of information.
| ||||||
20 | A. Except as provided in this Section, information | ||||||
21 | obtained from any
individual or employing unit during the | ||||||
22 | administration of this Act shall:
| ||||||
23 | 1. be confidential,
| ||||||
24 | 2. not be published or open to public inspection,
|
| |||||||
| |||||||
1 | 3. not be used in any court in any pending action or | ||||||
2 | proceeding,
| ||||||
3 | 4. not be admissible in evidence in any action or | ||||||
4 | proceeding other than
one arising out of this Act.
| ||||||
5 | B. No finding, determination, decision, ruling , or order | ||||||
6 | (including
any finding of fact, statement or conclusion made | ||||||
7 | therein) issued pursuant
to this Act shall be admissible or | ||||||
8 | used in evidence in any action other than
one arising out of | ||||||
9 | this Act, nor shall it be binding or conclusive except
as | ||||||
10 | provided in this Act, nor shall it constitute res judicata, | ||||||
11 | regardless
of whether the actions were between the same or | ||||||
12 | related parties or involved
the same facts.
| ||||||
13 | C. Any officer or employee of this State, any officer or | ||||||
14 | employee of any
entity authorized to obtain information | ||||||
15 | pursuant to this Section, and any
agent of this State or of | ||||||
16 | such entity
who, except with authority of
the Director under | ||||||
17 | this Section or as authorized pursuant to subsection P-1, | ||||||
18 | shall disclose information shall be guilty
of a Class B | ||||||
19 | misdemeanor and shall be disqualified from holding any
| ||||||
20 | appointment or employment by the State.
| ||||||
21 | D. An individual or his duly authorized agent may be | ||||||
22 | supplied with
information from records only to the extent | ||||||
23 | necessary for the proper
presentation of his claim for | ||||||
24 | benefits or with his existing or prospective
rights to | ||||||
25 | benefits. Discretion to disclose this information belongs
| ||||||
26 | solely to the Director and is not subject to a release or |
| |||||||
| |||||||
1 | waiver by the
individual.
Notwithstanding any other provision | ||||||
2 | to the contrary, an individual or his or
her duly authorized | ||||||
3 | agent may be supplied with a statement of the amount of
| ||||||
4 | benefits paid to the individual during the 18 months preceding | ||||||
5 | the date of his
or her request.
| ||||||
6 | E. An employing unit may be furnished with information, | ||||||
7 | only if deemed by
the Director as necessary to enable it to | ||||||
8 | fully discharge its obligations or
safeguard its rights under | ||||||
9 | the Act. Discretion to disclose this information
belongs | ||||||
10 | solely to the Director and is not subject to a release or | ||||||
11 | waiver by the
employing unit.
| ||||||
12 | F. The Director may furnish any information that he may | ||||||
13 | deem proper to
any public officer or public agency of this or | ||||||
14 | any other State or of the
federal government dealing with:
| ||||||
15 | 1. the administration of relief,
| ||||||
16 | 2. public assistance,
| ||||||
17 | 3. unemployment compensation,
| ||||||
18 | 4. a system of public employment offices,
| ||||||
19 | 5. wages and hours of employment, or
| ||||||
20 | 6. a public works program.
| ||||||
21 | The Director may make available to the Illinois Workers' | ||||||
22 | Compensation Commission
information regarding employers for | ||||||
23 | the purpose of verifying the insurance
coverage required under | ||||||
24 | the Workers' Compensation Act and Workers'
Occupational | ||||||
25 | Diseases Act.
| ||||||
26 | G. The Director may disclose information submitted by the |
| |||||||
| |||||||
1 | State or any
of its political subdivisions, municipal | ||||||
2 | corporations, instrumentalities,
or school or community | ||||||
3 | college districts, except for information which
specifically | ||||||
4 | identifies an individual claimant.
| ||||||
5 | H. The Director shall disclose only that information | ||||||
6 | required to be
disclosed under Section 303 of the Social | ||||||
7 | Security Act, as amended, including:
| ||||||
8 | 1. any information required to be given the United | ||||||
9 | States Department of
Labor under Section 303(a)(6); and
| ||||||
10 | 2. the making available upon request to any agency of | ||||||
11 | the United States
charged with the administration of | ||||||
12 | public works or assistance through
public employment, the | ||||||
13 | name, address, ordinary occupation , and employment
status | ||||||
14 | of each recipient of unemployment compensation, and a | ||||||
15 | statement of
such recipient's right to further | ||||||
16 | compensation under such law as required
by Section | ||||||
17 | 303(a)(7); and
| ||||||
18 | 3. records to make available to the Railroad | ||||||
19 | Retirement Board as
required by Section 303(c)(1); and
| ||||||
20 | 4. information that will assure reasonable cooperation | ||||||
21 | with every agency
of the United States charged with the | ||||||
22 | administration of any unemployment
compensation law as | ||||||
23 | required by Section 303(c)(2); and
| ||||||
24 | 5. information upon request and on a reimbursable | ||||||
25 | basis to the United
States Department of Agriculture and | ||||||
26 | to any State food stamp agency
concerning any information |
| |||||||
| |||||||
1 | required to be furnished by Section 303(d); and
| ||||||
2 | 6. any wage information upon request and on a | ||||||
3 | reimbursable basis
to any State or local child support | ||||||
4 | enforcement agency required by
Section 303(e); and
| ||||||
5 | 7. any information required under the income | ||||||
6 | eligibility and
verification system as required by Section | ||||||
7 | 303(f); and
| ||||||
8 | 8. information that might be useful in locating an | ||||||
9 | absent parent or that
parent's employer, establishing | ||||||
10 | paternity or establishing, modifying, or
enforcing child | ||||||
11 | support orders
for the purpose of a child support | ||||||
12 | enforcement program
under Title IV of the Social Security | ||||||
13 | Act upon the request of
and on a reimbursable basis to
the | ||||||
14 | public
agency administering the Federal Parent Locator | ||||||
15 | Service as required by
Section 303(h); and
| ||||||
16 | 9. information, upon request, to representatives of | ||||||
17 | any federal, State ,
or local governmental public housing | ||||||
18 | agency with respect to individuals who
have signed the | ||||||
19 | appropriate consent form approved by the Secretary of | ||||||
20 | Housing
and Urban Development and who are applying for or | ||||||
21 | participating in any housing
assistance program | ||||||
22 | administered by the United States Department of Housing | ||||||
23 | and
Urban Development as required by Section 303(i).
| ||||||
24 | I. The Director, upon the request of a public agency of | ||||||
25 | Illinois, of the
federal government , or of any other state | ||||||
26 | charged with the investigation or
enforcement of Section 10-5 |
| |||||||
| |||||||
1 | of the Criminal Code of 2012 (or a similar
federal law or | ||||||
2 | similar law of another State), may furnish the public agency
| ||||||
3 | information regarding the individual specified in the request | ||||||
4 | as to:
| ||||||
5 | 1. the current or most recent home address of the | ||||||
6 | individual, and
| ||||||
7 | 2. the names and addresses of the individual's | ||||||
8 | employers.
| ||||||
9 | J. Nothing in this Section shall be deemed to interfere | ||||||
10 | with the
disclosure of certain records as provided for in | ||||||
11 | Section 1706 or with the
right to make available to the | ||||||
12 | Internal Revenue Service of the United
States Department of | ||||||
13 | the Treasury, or the Department of Revenue of the
State of | ||||||
14 | Illinois, information obtained under this Act. With respect to | ||||||
15 | each benefit claim that appears to have been filed other than | ||||||
16 | by the individual in whose name the claim was filed or by the | ||||||
17 | individual's authorized agent and with respect to which | ||||||
18 | benefits were paid during the prior calendar year, the | ||||||
19 | Director shall annually report to the Department of Revenue | ||||||
20 | information that is in the Director's possession and may | ||||||
21 | assist in avoiding negative income tax consequences for the | ||||||
22 | individual in whose name the claim was filed.
| ||||||
23 | K. The Department shall make available to the Illinois | ||||||
24 | Student Assistance
Commission, upon request, information in | ||||||
25 | the possession of the Department that
may be necessary or | ||||||
26 | useful to the
Commission in the collection of defaulted or |
| |||||||
| |||||||
1 | delinquent student loans which
the Commission administers.
| ||||||
2 | L. The Department shall make available to the State | ||||||
3 | Employees'
Retirement System, the State Universities | ||||||
4 | Retirement System, the
Teachers' Retirement System of the | ||||||
5 | State of Illinois, and the Department of Central Management | ||||||
6 | Services, Risk Management Division, upon request,
information | ||||||
7 | in the possession of the Department that may be necessary or | ||||||
8 | useful
to the System or the Risk Management Division for the | ||||||
9 | purpose of determining whether any recipient of a
disability | ||||||
10 | benefit from the System or a workers' compensation benefit | ||||||
11 | from the Risk Management Division is gainfully employed.
| ||||||
12 | M. This Section shall be applicable to the information | ||||||
13 | obtained in the
administration of the State employment | ||||||
14 | service, except that the Director
may publish or release | ||||||
15 | general labor market information and may furnish
information | ||||||
16 | that he may deem proper to an individual, public officer , or
| ||||||
17 | public agency of this or any other State or the federal | ||||||
18 | government (in
addition to those public officers or public | ||||||
19 | agencies specified in this
Section) as he prescribes by Rule.
| ||||||
20 | N. The Director may require such safeguards as he deems | ||||||
21 | proper to insure
that information disclosed pursuant to this | ||||||
22 | Section is used only for the
purposes set forth in this | ||||||
23 | Section.
| ||||||
24 | O. Nothing in this Section prohibits communication with an | ||||||
25 | individual or entity through unencrypted e-mail or other | ||||||
26 | unencrypted electronic means as long as the communication does |
| |||||||
| |||||||
1 | not contain the individual's or entity's name in combination | ||||||
2 | with any one or more of the individual's or entity's entire or | ||||||
3 | partial social security number; driver's license or State | ||||||
4 | identification number; credit or debit card number; or any | ||||||
5 | required security code, access code, or password that would | ||||||
6 | permit access to further information pertaining to the | ||||||
7 | individual or entity.
| ||||||
8 | P. (Blank). | ||||||
9 | P-1. With the express written consent of a claimant or
| ||||||
10 | employing unit and an agreement not to publicly disclose, the | ||||||
11 | Director shall provide requested information related to a | ||||||
12 | claim
to an elected official performing constituent services | ||||||
13 | or his or her agent.
| ||||||
14 | Q. The Director shall make available to an elected federal
| ||||||
15 | official the name and address of an individual or entity that | ||||||
16 | is located within
the jurisdiction from which the official was | ||||||
17 | elected and that, for the most
recently completed calendar | ||||||
18 | year, has reported to the Department as paying
wages to | ||||||
19 | workers, where the information will be used in connection with | ||||||
20 | the
official duties of the official and the official requests | ||||||
21 | the information in
writing, specifying the purposes for which | ||||||
22 | it will be used.
For purposes of this subsection, the use of | ||||||
23 | information in connection with the
official duties of an | ||||||
24 | official does not include use of the information in
connection | ||||||
25 | with the solicitation of contributions or expenditures, in | ||||||
26 | money or
in kind, to or on behalf of a candidate for public or |
| |||||||
| |||||||
1 | political office or a
political party or with respect to a | ||||||
2 | public question, as defined in Section 1-3
of the Election | ||||||
3 | Code, or in connection with any commercial solicitation. Any
| ||||||
4 | elected federal official who, in submitting a request for | ||||||
5 | information
covered by this subsection, knowingly makes a | ||||||
6 | false statement or fails to
disclose a material fact, with the | ||||||
7 | intent to obtain the information for a
purpose not authorized | ||||||
8 | by this subsection, shall be guilty of a Class B
misdemeanor.
| ||||||
9 | R. The Director may provide to any State or local child | ||||||
10 | support
agency, upon request and on a reimbursable basis, | ||||||
11 | information that might be
useful in locating an absent parent | ||||||
12 | or that parent's employer, establishing
paternity, or | ||||||
13 | establishing, modifying, or enforcing child support orders.
| ||||||
14 | S. The Department shall make available to a State's | ||||||
15 | Attorney of this
State or a State's Attorney's investigator,
| ||||||
16 | upon request, the current address or, if the current address | ||||||
17 | is
unavailable, current employer information, if available, of | ||||||
18 | a victim of
a felony or a
witness to a felony or a person | ||||||
19 | against whom an arrest warrant is
outstanding.
| ||||||
20 | T. The Director shall make available to the Illinois State | ||||||
21 | Police, a county sheriff's office, or a municipal police | ||||||
22 | department, upon request, any information concerning the | ||||||
23 | current address and place of employment or former places of | ||||||
24 | employment of a person who is required to register as a sex | ||||||
25 | offender under the Sex Offender Registration Act that may be | ||||||
26 | useful in enforcing the registration provisions of that Act. |
| |||||||
| |||||||
1 | U. The Director shall make information available to the | ||||||
2 | Department of Healthcare and Family Services and the | ||||||
3 | Department of Human Services for the purpose of determining | ||||||
4 | eligibility for public benefit programs authorized under the | ||||||
5 | Illinois Public Aid Code and related statutes administered by | ||||||
6 | those departments, for verifying sources and amounts of | ||||||
7 | income, and for other purposes directly connected with the | ||||||
8 | administration of those programs. | ||||||
9 | V. The Director shall make information available to the | ||||||
10 | State Board of Elections as may be required by an agreement the | ||||||
11 | State Board of Elections has entered into with a multi-state | ||||||
12 | voter registration list maintenance system. | ||||||
13 | W. The Director shall make information available to the | ||||||
14 | State Treasurer's office and the Department of Revenue for the | ||||||
15 | purpose of facilitating compliance with the Illinois Secure | ||||||
16 | Choice Savings Program Act, including employer contact | ||||||
17 | information for employers with 25 or more employees and any | ||||||
18 | other information the Director deems appropriate that is | ||||||
19 | directly related to the administration of this program. | ||||||
20 | X. The Director shall make information available, upon | ||||||
21 | request, to the Illinois Student Assistance Commission for the | ||||||
22 | purpose of determining eligibility for the adult vocational | ||||||
23 | community college scholarship program under Section 65.105 of | ||||||
24 | the Higher Education Student Assistance Act. | ||||||
25 | Y. Except as required under State or federal law, or | ||||||
26 | unless otherwise provided for in this Section, the Department |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | shall not disclose an individual's entire social security | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | number in any correspondence physically mailed to an | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | individual or entity. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | (Source: P.A. 101-315, eff. 1-1-20; 102-26, eff. 6-25-21; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | 102-538, eff. 8-20-21; revised 11-8-21.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | Section 995. No acceleration or delay. Where this Act | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | makes changes in a statute that is represented in this Act by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | text that is not yet or no longer in effect (for example, a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | Section represented by multiple versions), the use of that | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | text does not accelerate or delay the taking effect of (i) the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | changes made by this Act or (ii) provisions derived from any | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | other Public Act. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | Section 996. No revival or extension. This Act does not | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | revive or extend any Section or Act otherwise repealed.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | Section 999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | becoming law.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||