Rep. Dagmara Avelar

Filed: 4/4/2022

 

 


 

 


 
10200SB3865ham002LRB102 24242 HLH 38406 a

1
AMENDMENT TO SENATE BILL 3865

2    AMENDMENT NO. ______. Amend Senate Bill 3865 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Legislative intent. It is the intent of the
5General Assembly in enacting this amendatory Act of the 102nd
6General Assembly to make only nonsubstantive changes that
7remove the dehumanizing term "alien" from all Illinois
8statutory provisions. No change made by this amendatory Act of
9the 102nd General Assembly shall be interpreted so as to make
10any substantive change to existing law, including, but not
11limited to, eligibility for federal programs or benefits that
12are available to a person who meets the definition of "alien"
13under State or federal law.
 
14    Section 5. The Illinois Notary Public Act is amended by
15changing Section 2-102 as follows:
 

 

 

10200SB3865ham002- 2 -LRB102 24242 HLH 38406 a

1    (5 ILCS 312/2-102)  (from Ch. 102, par. 202-102)
2    (Text of Section before amendment by P.A. 102-160)
3    Sec. 2-102. Application. Every applicant for appointment
4and commission as a notary shall complete an application in a
5format prescribed by the Secretary of State to be filed with
6the Secretary of State, stating:
7        (a) the applicant's official name, as it appears on
8    his or her current driver's license or state-issued
9    identification card;
10        (b) the county in which the applicant resides or, if
11    the applicant is a resident of a state bordering Illinois,
12    the county in Illinois in which that person's principal
13    place of work or principal place of business is located;
14        (c) the applicant's residence address, as it appears
15    on his or her current driver's license or state-issued
16    identification card;
17        (c-5) the applicant's business address if different
18    than the applicant's residence address, if performing
19    notarial acts constitutes any portion of the applicant's
20    job duties;
21        (d) that the applicant has resided in the State of
22    Illinois for 30 days preceding the application or that the
23    applicant who is a resident of a state bordering Illinois
24    has worked or maintained a business in Illinois for 30
25    days preceding the application;
26        (e) that the applicant is a citizen of the United

 

 

10200SB3865ham002- 3 -LRB102 24242 HLH 38406 a

1    States or a person an alien lawfully admitted for
2    permanent residence in the United States;
3        (f) the applicant's date of birth;
4        (g) that the applicant is able to read and write the
5    English language;
6        (h) that the applicant has never been the holder of a
7    notary public appointment that was revoked or suspended
8    during the past 10 years;
9        (i) that the applicant has not been convicted of a
10    felony;
11        (i-5) that the applicant's signature authorizes the
12    Office of the Secretary of State to conduct a verification
13    to confirm the information provided in the application,
14    including a criminal background check of the applicant, if
15    necessary; and
16        (j) any other information the Secretary of State deems
17    necessary.
18(Source: P.A. 99-112, eff. 1-1-16; 100-809, eff. 1-1-19.)
 
19    (Text of Section after amendment by P.A. 102-160)
20    Sec. 2-102. Application.
21    (a) Application for notary public commission. Every
22applicant for appointment and commission as a notary shall
23complete an application in a format prescribed by the
24Secretary of State to be filed with the Secretary of State,
25stating:

 

 

10200SB3865ham002- 4 -LRB102 24242 HLH 38406 a

1        (1) the applicant's official name, as it appears on
2    his or her current driver's license or state-issued
3    identification card;
4        (2) the county in which the applicant resides or, if
5    the applicant is a resident of a state bordering Illinois,
6    the county in Illinois in which that person's principal
7    place of work or principal place of business is located;
8        (3) the applicant's residence address, as it appears
9    on his or her current driver's license or state-issued
10    identification card;
11        (4) the applicant's e-mail address;
12        (5) the applicant's business address if different than
13    the applicant's residence address, if performing notarial
14    acts constitutes any portion of the applicant's job
15    duties;
16        (6) that the applicant has resided in the State of
17    Illinois for 30 days preceding the application or that the
18    applicant who is a resident of a state bordering Illinois
19    has worked or maintained a business in Illinois for 30
20    days preceding the application;
21        (7) that the applicant is a citizen of the United
22    States or lawfully admitted for permanent residence in the
23    United States;
24        (8) the applicant's date of birth;
25        (9) that the applicant is proficient in the the
26    English language;

 

 

10200SB3865ham002- 5 -LRB102 24242 HLH 38406 a

1        (10) that the applicant has not had a prior
2    application or commission revoked due to a finding or
3    decision by the Secretary of State;
4        (11) that the applicant has not been convicted of a
5    felony;
6        (12) that the applicant's signature authorizes the
7    Office of the Secretary of State to conduct a verification
8    to confirm the information provided in the application,
9    including a criminal background check of the applicant, if
10    necessary;
11        (13) that the applicant has provided satisfactory
12    proof to the Secretary of State that the applicant has
13    successfully completed any required course of study on
14    notarization; and
15        (14) any other information the Secretary of State
16    deems necessary.
17    (b) Any notary appointed under subsection (a) shall have
18the authority to conduct remote notarizations.
19    (c) Application for electronic notary public commission.
20An application for an electronic notary public commission must
21be filed with the Secretary of State in a manner prescribed by
22the Secretary of State. Every applicant for appointment and
23commission as an electronic notary public shall complete an
24application to be filed with the Secretary of State, stating:
25        (1) all information required to be included in an
26    application for appointment as an electronic notary

 

 

10200SB3865ham002- 6 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 7 -LRB102 24242 HLH 38406 a

1unique commission number.
2    (f) Rejection of application. The Secretary of State may
3reject an application for a notarial commission or an
4electronic notary public commission if the applicant fails to
5comply with any Section of this Act.
6(Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for
7effective date of P.A. 102-160).)
 
8    Section 15. The Department of Commerce and Economic
9Opportunity Law of the Civil Administrative Code of Illinois
10is amended by changing Section 605-800 as follows:
 
11    (20 ILCS 605/605-800)  (was 20 ILCS 605/46.19a in part)
12    Sec. 605-800. Training grants for skills in critical
13demand.
14    (a) Grants to provide training in fields affected by
15critical demands for certain skills may be made as provided in
16this Section.
17    (b) The Director may make grants to eligible employers or
18to other eligible entities on behalf of employers as
19authorized in subsection (c) to provide training for employees
20in fields for which there are critical demands for certain
21skills. No participating employee may be a person without
22employment authorization under federal law an unauthorized
23alien, as defined in 8 U.S.C. 1324a.
24    (c) The Director may accept applications for training

 

 

10200SB3865ham002- 8 -LRB102 24242 HLH 38406 a

1grant funds and grant requests from: (i) entities sponsoring
2multi-company eligible employee training projects as defined
3in subsection (d), including business associations, strategic
4business partnerships, institutions of secondary or higher
5education, large manufacturers for supplier network companies,
6federal Job Training Partnership Act administrative entities
7or grant recipients, and labor organizations when those
8projects will address common training needs identified by
9participating companies; and (ii) individual employers that
10are undertaking eligible employee training projects as defined
11in subsection (d), including intermediaries and training
12agents.
13    (d) The Director may make grants to eligible applicants as
14defined in subsection (c) for employee training projects that
15include, but need not be limited to, one or more of the
16following:
17        (1) Training programs in response to new or changing
18    technology being introduced in the workplace.
19        (2) Job-linked training that offers special skills for
20    career advancement or that is preparatory for, and leads
21    directly to, jobs with definite career potential and
22    long-term job security.
23        (3) Training necessary to implement total quality
24    management or improvement or both management and
25    improvement systems within the workplace.
26        (4) Training related to new machinery or equipment.

 

 

10200SB3865ham002- 9 -LRB102 24242 HLH 38406 a

1        (5) Training of employees of companies that are
2    expanding into new markets or expanding exports from
3    Illinois.
4        (6) Basic, remedial, or both basic and remedial
5    training of employees as a prerequisite for other
6    vocational or technical skills training or as a condition
7    for sustained employment.
8        (7) Self-employment training of the unemployed and
9    underemployed with comprehensive, competency-based
10    instructional programs and services, entrepreneurial
11    education and training initiatives for youth and adult
12    learners in cooperation with the Illinois Institute for
13    Entrepreneurial Education, training and education,
14    conferences, workshops, and best practice information for
15    local program operators of entrepreneurial education and
16    self-employment training programs.
17        (8) Other training activities or projects, or both
18    training activities and projects, related to the support,
19    development, or evaluation of job training programs,
20    activities, and delivery systems, including training needs
21    assessment and design.
22    (e) Grants shall be made on the terms and conditions that
23the Department shall determine. No grant made under subsection
24(d), however, shall exceed 50% of the direct costs of all
25approved training programs provided by the employer or the
26employer's training agent or other entity as defined in

 

 

10200SB3865ham002- 10 -LRB102 24242 HLH 38406 a

1subsection (c). Under this Section, allowable costs include,
2but are not limited to:
3        (1) Administrative costs of tracking, documenting,
4    reporting, and processing training funds or project costs.
5        (2) Curriculum development.
6        (3) Wages and fringe benefits of employees.
7        (4) Training materials, including scrap product costs.
8        (5) Trainee travel expenses.
9        (6) Instructor costs, including wages, fringe
10    benefits, tuition, and travel expenses.
11        (7) Rent, purchase, or lease of training equipment.
12        (8) Other usual and customary training costs.
13    (f) The Department may conduct on-site grant monitoring
14visits to verify trainee employment dates and wages and to
15ensure that the grantee's financial management system is
16structured to provide for accurate, current, and complete
17disclosure of the financial results of the grant program in
18accordance with all provisions, terms, and conditions
19contained in the grant contract. Each applicant must, on
20request by the Department, provide to the Department a
21notarized certification signed and dated by a duly authorized
22representative of the applicant, or that representative's
23authorized designee, certifying that all participating
24employees are employed at an Illinois facility and, for each
25participating employee, stating the employee's name and
26providing either (i) the employee's social security number or

 

 

10200SB3865ham002- 11 -LRB102 24242 HLH 38406 a

1(ii) a statement that the applicant has adequate written
2verification that the employee is employed at an Illinois
3facility. The Department may audit the accuracy of
4submissions. Applicants sponsoring multi-company training
5grant programs shall obtain information meeting the
6requirement of this subsection from each participating company
7and provide it to the Department upon request.
8    (g) The Director may establish and collect a schedule of
9charges from subgrantee entities and other system users under
10federal job-training programs for participating in and
11utilizing the Department's automated job-training program
12information systems if the systems and the necessary
13participation and utilization are requirements of the federal
14job-training programs. All monies collected pursuant to this
15subsection shall be deposited into the Federal Workforce
16Training Fund and may be used, subject to appropriation by the
17General Assembly, only for the purpose of financing the
18maintenance and operation of the automated federal
19job-training information systems.
20(Source: P.A. 99-933, eff. 1-27-17.)
 
21    Section 20. The Illinois Guaranteed Job Opportunity Act is
22amended by changing Section 25 as follows:
 
23    (20 ILCS 1510/25)
24    Sec. 25. Program eligibility.

 

 

10200SB3865ham002- 12 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 13 -LRB102 24242 HLH 38406 a

1    under the Social Security Act, under any retirement system
2    for Federal Government employees, under the railroad
3    retirement system, under the military retirement system,
4    under a State or local government pension plan or
5    retirement system, or any private pension program is not
6    eligible to receive a job under a job project assisted
7    under this Act.
8(Source: P.A. 93-46, eff. 7-1-03.)
 
9    Section 25. The Illinois Income Tax Act is amended by
10changing Section 1501 as follows:
 
11    (35 ILCS 5/1501)  (from Ch. 120, par. 15-1501)
12    Sec. 1501. Definitions.
13    (a) In general. When used in this Act, where not otherwise
14distinctly expressed or manifestly incompatible with the
15intent thereof:
16        (1) Business income. The term "business income" means
17    all income that may be treated as apportionable business
18    income under the Constitution of the United States.
19    Business income is net of the deductions allocable
20    thereto. Such term does not include compensation or the
21    deductions allocable thereto. For each taxable year
22    beginning on or after January 1, 2003, a taxpayer may
23    elect to treat all income other than compensation as
24    business income. This election shall be made in accordance

 

 

10200SB3865ham002- 14 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 15 -LRB102 24242 HLH 38406 a

1                    (b) a person who is exempt from taxation
2                under Section 501 of the Internal Revenue
3                Code, and who is not required to treat income
4                received from the real estate investment trust
5                as unrelated business taxable income under
6                Section 512 of the Internal Revenue Code;
7                    (c) a listed Australian property trust, if
8                no more than 50% of the voting power or value
9                of the beneficial interest or shares of that
10                trust, at any time during the last half of the
11                taxable year, is owned or controlled, directly
12                or indirectly, by a single person;
13                    (d) an entity organized as a trust,
14                provided a listed Australian property trust
15                described in subparagraph (c) owns or
16                controls, directly or indirectly, or
17                constructively, 75% or more of the voting
18                power or value of the beneficial interests or
19                shares of such entity; or
20                    (e) an entity that is organized outside of
21                the laws of the United States and that
22                satisfies all of the following criteria:
23                        (1) at least 75% of the entity's total
24                    asset value at the close of its taxable
25                    year is represented by real estate assets
26                    (as defined in Section 856(c)(5)(B) of the

 

 

10200SB3865ham002- 16 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 17 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 18 -LRB102 24242 HLH 38406 a

1        held directly or indirectly in a segregated asset
2        account by a life insurance company (as described in
3        Section 817 of the Internal Revenue Code) to the
4        extent such voting power or value is for the benefit of
5        entities or persons who are either immune from
6        taxation or exempt from taxation under subtitle A of
7        the Internal Revenue Code.
8        (2) Commercial domicile. The term "commercial
9    domicile" means the principal place from which the trade
10    or business of the taxpayer is directed or managed.
11        (3) Compensation. The term "compensation" means wages,
12    salaries, commissions and any other form of remuneration
13    paid to employees for personal services.
14        (4) Corporation. The term "corporation" includes
15    associations, joint-stock companies, insurance companies
16    and cooperatives. Any entity, including a limited
17    liability company formed under the Illinois Limited
18    Liability Company Act, shall be treated as a corporation
19    if it is so classified for federal income tax purposes.
20        (5) Department. The term "Department" means the
21    Department of Revenue of this State.
22        (6) Director. The term "Director" means the Director
23    of Revenue of this State.
24        (7) Fiduciary. The term "fiduciary" means a guardian,
25    trustee, executor, administrator, receiver, or any person
26    acting in any fiduciary capacity for any person.

 

 

10200SB3865ham002- 19 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 20 -LRB102 24242 HLH 38406 a

1        meaning provided in the following item (i) or (ii):
2                (i) A person primarily engaged in one or more
3            of the following businesses: the business of
4            purchasing customer receivables, the business of
5            making loans upon the security of customer
6            receivables, the business of making loans for the
7            express purpose of funding purchases of tangible
8            personal property or services by the borrower, or
9            the business of finance leasing. For purposes of
10            this item (i), "customer receivable" means:
11                    (a) a retail installment contract or
12                retail charge agreement within the meaning of
13                the Sales Finance Agency Act, the Retail
14                Installment Sales Act, or the Motor Vehicle
15                Retail Installment Sales Act;
16                    (b) an installment, charge, credit, or
17                similar contract or agreement arising from the
18                sale of tangible personal property or services
19                in a transaction involving a deferred payment
20                price payable in one or more installments
21                subsequent to the sale; or
22                    (c) the outstanding balance of a contract
23                or agreement described in provisions (a) or
24                (b) of this item (i).
25                A customer receivable need not provide for
26            payment of interest on deferred payments. A sales

 

 

10200SB3865ham002- 21 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 22 -LRB102 24242 HLH 38406 a

1                corporation. The "limitation amount" for a
2                corporation is the average outstanding
3                balances during the taxable year of customer
4                receivables (within the meaning of item (i))
5                originated by all members of the affiliated
6                group. If the average outstanding balances of
7                the loans made by a corporation to members of
8                its affiliated group exceed the limitation
9                amount, the interest income of that
10                corporation from qualifying loans shall be
11                equal to its interest income from loans to
12                members of its affiliated groups times a
13                fraction equal to the limitation amount
14                divided by the average outstanding balances of
15                the loans made by that corporation to members
16                of its affiliated group;
17                    (c) the total of all shareholder's equity
18                (including, without limitation, paid-in
19                capital on common and preferred stock and
20                retained earnings) of the corporation plus the
21                total of all of its loans, advances, and other
22                obligations payable or owed to members of its
23                affiliated group may not exceed 20% of the
24                total assets of the corporation at any time
25                during the tax year; and
26                    (d) more than 50% of all interest-bearing

 

 

10200SB3865ham002- 23 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 24 -LRB102 24242 HLH 38406 a

1        the Department of Revenue on July 19, 1996, may
2        irrevocably elect to apply the Proposed Regulations
3        for all of those years as though the Proposed
4        Regulations had been lawfully promulgated, adopted,
5        and in effect for all of those years. For purposes of
6        applying subparagraphs (B) or (C) of this paragraph to
7        all of those years, the election allowed by this
8        subparagraph applies only to the taxpayer making the
9        election and to those members of the taxpayer's
10        unitary business group who are ordinarily required to
11        apportion business income under the same subsection of
12        Section 304 of this Act as the taxpayer making the
13        election. No election allowed by this subparagraph
14        shall be made under a claim filed under subsection (d)
15        of Section 909 more than 30 days after the effective
16        date of this amendatory Act of 1996.
17            (F) Finance Leases. For purposes of this
18        subsection, a finance lease shall be treated as a loan
19        or other extension of credit, rather than as a lease,
20        regardless of how the transaction is characterized for
21        any other purpose, including the purposes of any
22        regulatory agency to which the lessor is subject. A
23        finance lease is any transaction in the form of a lease
24        in which the lessee is treated as the owner of the
25        leased asset entitled to any deduction for
26        depreciation allowed under Section 167 of the Internal

 

 

10200SB3865ham002- 25 -LRB102 24242 HLH 38406 a

1        Revenue Code.
2        (9) Fiscal year. The term "fiscal year" means an
3    accounting period of 12 months ending on the last day of
4    any month other than December.
5        (9.5) Fixed place of business. The term "fixed place
6    of business" has the same meaning as that term is given in
7    Section 864 of the Internal Revenue Code and the related
8    Treasury regulations.
9        (10) Includes and including. The terms "includes" and
10    "including" when used in a definition contained in this
11    Act shall not be deemed to exclude other things otherwise
12    within the meaning of the term defined.
13        (11) Internal Revenue Code. The term "Internal Revenue
14    Code" means the United States Internal Revenue Code of
15    1954 or any successor law or laws relating to federal
16    income taxes in effect for the taxable year.
17        (11.5) Investment partnership.
18            (A) The term "investment partnership" means any
19        entity that is treated as a partnership for federal
20        income tax purposes that meets the following
21        requirements:
22                (i) no less than 90% of the partnership's cost
23            of its total assets consists of qualifying
24            investment securities, deposits at banks or other
25            financial institutions, and office space and
26            equipment reasonably necessary to carry on its

 

 

10200SB3865ham002- 26 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 27 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 28 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 29 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 30 -LRB102 24242 HLH 38406 a

1    liability company who in such capacity commits an offense
2    specified in Section 1301 and 1302.
3        (18A) Records. The term "records" includes all data
4    maintained by the taxpayer, whether on paper, microfilm,
5    microfiche, or any type of machine-sensible data
6    compilation.
7        (19) Regulations. The term "regulations" includes
8    rules promulgated and forms prescribed by the Department.
9        (20) Resident. The term "resident" means:
10            (A) an individual (i) who is in this State for
11        other than a temporary or transitory purpose during
12        the taxable year; or (ii) who is domiciled in this
13        State but is absent from the State for a temporary or
14        transitory purpose during the taxable year;
15            (B) The estate of a decedent who at his or her
16        death was domiciled in this State;
17            (C) A trust created by a will of a decedent who at
18        his death was domiciled in this State; and
19            (D) An irrevocable trust, the grantor of which was
20        domiciled in this State at the time such trust became
21        irrevocable. For purpose of this subparagraph, a trust
22        shall be considered irrevocable to the extent that the
23        grantor is not treated as the owner thereof under
24        Sections 671 through 678 of the Internal Revenue Code.
25        (21) Sales. The term "sales" means all gross receipts
26    of the taxpayer not allocated under Sections 301, 302 and

 

 

10200SB3865ham002- 31 -LRB102 24242 HLH 38406 a

1    303.
2        (22) State. The term "state" when applied to a
3    jurisdiction other than this State means any state of the
4    United States, the District of Columbia, the Commonwealth
5    of Puerto Rico, any Territory or Possession of the United
6    States, and any foreign country, or any political
7    subdivision of any of the foregoing. For purposes of the
8    foreign tax credit under Section 601, the term "state"
9    means any state of the United States, the District of
10    Columbia, the Commonwealth of Puerto Rico, and any
11    territory or possession of the United States, or any
12    political subdivision of any of the foregoing, effective
13    for tax years ending on or after December 31, 1989.
14        (23) Taxable year. The term "taxable year" means the
15    calendar year, or the fiscal year ending during such
16    calendar year, upon the basis of which the base income is
17    computed under this Act. "Taxable year" means, in the case
18    of a return made for a fractional part of a year under the
19    provisions of this Act, the period for which such return
20    is made.
21        (24) Taxpayer. The term "taxpayer" means any person
22    subject to the tax imposed by this Act.
23        (25) International banking facility. The term
24    international banking facility shall have the same meaning
25    as is set forth in the Illinois Banking Act or as is set
26    forth in the laws of the United States or regulations of

 

 

10200SB3865ham002- 32 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 33 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 34 -LRB102 24242 HLH 38406 a

1        division of the member's property, payroll, or revenue
2        miles in the United States, insurance premiums on
3        property or risk in the United States, or financial
4        organization business income from sources within the
5        United States, as the case may be, by the respective
6        worldwide figures for such items. Common ownership in
7        the case of corporations is the direct or indirect
8        control or ownership of more than 50% of the
9        outstanding voting stock of the persons carrying on
10        unitary business activity. Unitary business activity
11        can ordinarily be illustrated where the activities of
12        the members are: (1) in the same general line (such as
13        manufacturing, wholesaling, retailing of tangible
14        personal property, insurance, transportation or
15        finance); or (2) are steps in a vertically structured
16        enterprise or process (such as the steps involved in
17        the production of natural resources, which might
18        include exploration, mining, refining, and marketing);
19        and, in either instance, the members are functionally
20        integrated through the exercise of strong centralized
21        management (where, for example, authority over such
22        matters as purchasing, financing, tax compliance,
23        product line, personnel, marketing and capital
24        investment is not left to each member).
25            (B) In no event, for taxable years ending prior to
26        December 31, 2017, shall any unitary business group

 

 

10200SB3865ham002- 35 -LRB102 24242 HLH 38406 a

1        include members which are ordinarily required to
2        apportion business income under different subsections
3        of Section 304 except that for tax years ending on or
4        after December 31, 1987 this prohibition shall not
5        apply to a holding company that would otherwise be a
6        member of a unitary business group with taxpayers that
7        apportion business income under any of subsections
8        (b), (c), (c-1), or (d) of Section 304. If a unitary
9        business group would, but for the preceding sentence,
10        include members that are ordinarily required to
11        apportion business income under different subsections
12        of Section 304, then for each subsection of Section
13        304 for which there are two or more members, there
14        shall be a separate unitary business group composed of
15        such members. For purposes of the preceding two
16        sentences, a member is "ordinarily required to
17        apportion business income" under a particular
18        subsection of Section 304 if it would be required to
19        use the apportionment method prescribed by such
20        subsection except for the fact that it derives
21        business income solely from Illinois. As used in this
22        paragraph, for taxable years ending before December
23        31, 2017, the phrase "United States" means only the 50
24        states and the District of Columbia, but does not
25        include any territory or possession of the United
26        States or any area over which the United States has

 

 

10200SB3865ham002- 36 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 37 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 38 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 39 -LRB102 24242 HLH 38406 a

1        permission to include all base income and factors of
2        the holding company only with members of a unitary
3        business group apportioning their business income
4        under one subsection of subsections (a), (b), (c), or
5        (d) of Section 304. If the petition is granted, the
6        holding company shall be included in a unitary
7        business group only with persons apportioning their
8        business income under the selected subsection of
9        Section 304 until the Director grants a petition of
10        the holding company either to be included in more than
11        one unitary business group under subparagraph (C) or
12        to include its base income and factors only with
13        members of a unitary business group apportioning their
14        business income under a different subsection of
15        Section 304.
16            (E) If the unitary business group members'
17        accounting periods differ, the common parent's
18        accounting period or, if there is no common parent,
19        the accounting period of the member that is expected
20        to have, on a recurring basis, the greatest Illinois
21        income tax liability must be used to determine whether
22        to use the apportionment method provided in subsection
23        (a) or subsection (h) of Section 304. The prohibition
24        against membership in a unitary business group for
25        taxpayers ordinarily required to apportion income
26        under different subsections of Section 304 does not

 

 

10200SB3865ham002- 40 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 41 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 42 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 43 -LRB102 24242 HLH 38406 a

1eligible lists for initial appointment shall be for no more
2than one year unless extended by the director for not more than
3one additional year; lists of eligibles for promotion shall be
4maintained for as long as the tests on which they are based are
5considered valid by the director.
6    (6) certification by the director to the appointing
7authorities of not more than the top 5 names from the list of
8eligibles for a single vacancy.
9    (7) rejection of candidates who do not comply with
10reasonable job requirements in regard to such factors as age,
11physical condition, training and experience, or who are
12addicted to alcohol or narcotics or have been guilty of
13infamous or disgraceful conduct or are undocumented immigrants
14illegal aliens.
15    (8) periods of probationary employment. During the initial
16probation period following appointment any employee may be
17discharged or demoted without charges or hearing except that
18any applicant or employee, regardless of status, who has
19reason to believe that he/she has been discriminated against
20because of religious opinions or affiliation, or race, sex, or
21national origin in any personnel action may appeal to the
22commission in accordance with the provisions of this Division
23or in appropriate rules established by the commission pursuant
24to subsection (a) of Section 3-12005.
25    (9) provisional employment without competitive
26examinations when there is no appropriate eligible list

 

 

10200SB3865ham002- 44 -LRB102 24242 HLH 38406 a

1available. No person hired as a provisional employee shall
2continue on the county payroll longer than 6 months per
3calendar year nor shall successive provisional appointments be
4allowed.
5    (10) transfer from a position in one department to a
6position in another department involving similar
7qualifications, duties, responsibilities and salary.
8    (11) procedures for authorized reinstatement within one
9year of persons who resign in good standing.
10    (12) layoff by reason of lack of funds or work or abolition
11of the position, or material changes in duties or
12organization, and for the layoff of nontenured employees
13first, and for the reemployment of permanent employees so laid
14off, giving consideration in both layoff and reemployment to
15performance record and seniority in service.
16    (13) keeping records of performance of all employees in
17the classified service.
18    (14) suspension, demotion or dismissal of an employee for
19misconduct, inefficiency, incompetence, insubordination,
20malfeasance or other unfitness to render effective service and
21for the investigation and hearing of appeals of any employee
22recommended for suspension, demotion or dismissal by a
23department head for any of the foregoing reasons.
24    (15) establishment of a plan for resolving employee
25grievances and complaints, including an appeals procedure.
26    (16) hours of work, holidays and attendance regulations,

 

 

10200SB3865ham002- 45 -LRB102 24242 HLH 38406 a

1and for annual, sick and special leaves of absence, with or
2without pay, or at reduced pay.
3    (17) development of employee morale, safety and training
4programs.
5    (18) establishment of a period of probation, the length of
6which shall be determined by the complexity of the work
7involved, but which shall not exceed one year without special
8written approval from the commission.
9    (19) such other rules, not inconsistent with this
10Division, as may be proper and necessary for its enforcement.
11(Source: P.A. 86-962.)
 
12    Section 35. The Metropolitan Water Reclamation District
13Act is amended by changing Section 11.15 as follows:
 
14    (70 ILCS 2605/11.15)  (from Ch. 42, par. 331.15)
15    Sec. 11.15. No person shall be employed upon contracts for
16work to be done by any such sanitary district unless he or she
17is a citizen of the United States, a national of the United
18States under Section 1401 of Title 8 of the United States Code,
19a person an alien lawfully admitted for permanent residence
20under Section 1101 of Title 8 of the United States Code, an
21individual who has been granted asylum under Section 1158 of
22Title 8 of the United States Code, or an individual who is
23otherwise legally authorized to work in the United States.
24(Source: P.A. 98-280, eff. 8-9-13; 99-231, eff. 8-3-15.)
 

 

 

10200SB3865ham002- 46 -LRB102 24242 HLH 38406 a

1    Section 40. The Board of Higher Education Act is amended
2by changing Section 9.16 as follows:
 
3    (110 ILCS 205/9.16)  (from Ch. 144, par. 189.16)
4    Sec. 9.16. Underrepresentation of certain groups in higher
5education. To require public institutions of higher education
6to develop and implement methods and strategies to increase
7the participation of minorities, women and individuals with
8disabilities who are traditionally underrepresented in
9education programs and activities. For the purpose of this
10Section, minorities shall mean persons who are citizens of the
11United States or lawful permanent residents resident aliens of
12the United States and who are any of the following:
13        (1) American Indian or Alaska Native (a person having
14    origins in any of the original peoples of North and South
15    America, including Central America, and who maintains
16    tribal affiliation or community attachment).
17        (2) Asian (a person having origins in any of the
18    original peoples of the Far East, Southeast Asia, or the
19    Indian subcontinent, including, but not limited to,
20    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
21    the Philippine Islands, Thailand, and Vietnam).
22        (3) Black or African American (a person having origins
23    in any of the black racial groups of Africa).
24        (4) Hispanic or Latino (a person of Cuban, Mexican,

 

 

10200SB3865ham002- 47 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 48 -LRB102 24242 HLH 38406 a

1public institutions of higher education for minority student
2recruitment and retention, the review and monitoring of
3minority student programs implemented at public institutions
4of higher education to determine their compliance with any
5guidelines and plans so established, the determination of the
6effectiveness and funding requirements of minority student
7programs at public institutions of higher education, the
8dissemination of successful programs as models, and the
9encouragement of cooperative partnerships between community
10colleges and local school attendance centers which are
11experiencing difficulties in enrolling minority students in
12four-year colleges and universities;
13    (f) mandate all public institutions of higher education to
14submit data and information essential to determine compliance
15with this Section. The Board shall prescribe the format and
16the date for submission of this data and any other education
17equity data; and
18    (g) report to the General Assembly and the Governor
19annually with a description of the plans submitted by each
20public institution of higher education for implementation of
21this Section, including financial data relating to the most
22recent fiscal year expenditures for specific minority
23programs, the effectiveness of such plans and programs and the
24effectiveness of the methods and strategies developed by the
25Board in meeting the purposes of this Section, the degree of
26compliance with this Section by each public institution of

 

 

10200SB3865ham002- 49 -LRB102 24242 HLH 38406 a

1higher education as determined by the Board pursuant to its
2periodic review responsibilities, and the findings made by the
3Board in conducting its studies and monitoring student success
4as required by paragraph d) of this Section. With respect to
5each public institution of higher education such report also
6shall include, but need not be limited to, information with
7respect to each institution's minority program budget
8allocations; minority student admission, retention and
9graduation statistics; admission, retention, and graduation
10statistics of all students who are the first in their
11immediate family to attend an institution of higher education;
12number of financial assistance awards to undergraduate and
13graduate minority students; and minority faculty
14representation. This paragraph shall not be construed to
15prohibit the Board from making, preparing or issuing
16additional surveys or studies with respect to minority
17education in Illinois.
18(Source: P.A. 102-465, eff. 1-1-22.)
 
19    Section 45. The Dental Student Grant Act is amended by
20changing Section 3.06 as follows:
 
21    (110 ILCS 925/3.06)  (from Ch. 144, par. 1503.06)
22    Sec. 3.06. "Eligible dental student" means a person who
23meets all of the following qualifications:
24    (a) That the individual is a resident of this State and a

 

 

10200SB3865ham002- 50 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 51 -LRB102 24242 HLH 38406 a

1traditionally underrepresented as participants in
2postsecondary education. The program shall assist them in
3pursuing a graduate or professional degree and shall also
4assist program graduates to find employment at an Illinois
5institution of higher education, including a community
6college, in a faculty or staff position.
7    "Program Board" means the entity created to administer the
8grant program authorized by this Act.
9    "Qualified institution of higher education" means a
10qualifying publicly or privately operated educational
11institution located within Illinois (i) that offers
12instruction leading toward or prerequisite to an academic or
13professional degree beyond the baccalaureate degree, excluding
14theological schools, and (ii) that is authorized to operate in
15the State of Illinois.
16    "Racial minority" means a person who is a citizen of the
17United States or a lawful permanent resident alien of the
18United States and who is any of the following:
19        (1) American Indian or Alaska Native (a person having
20    origins in any of the original peoples of North and South
21    America, including Central America, and who maintains
22    tribal affiliation or community attachment).
23        (2) Asian (a person having origins in any of the
24    original peoples of the Far East, Southeast Asia, or the
25    Indian subcontinent, including, but not limited to,
26    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,

 

 

10200SB3865ham002- 52 -LRB102 24242 HLH 38406 a

1    the Philippine Islands, Thailand, and Vietnam).
2        (3) Black or African American (a person having origins
3    in any of the black racial groups of Africa).
4        (4) Hispanic or Latino (a person of Cuban, Mexican,
5    Puerto Rican, South or Central American, or other Spanish
6    culture or origin, regardless of race).
7        (5) Native Hawaiian or Other Pacific Islander (a
8    person having origins in any of the original peoples of
9    Hawaii, Guam, Samoa, or other Pacific Islands).
10(Source: P.A. 102-465, eff. 1-1-22.)
 
11    (110 ILCS 930/7)  (from Ch. 144, par. 2307)
12    Sec. 7. Eligibility for DFI grants. An individual is
13eligible for an award under the provisions of this Act when the
14Program Board finds:
15        (a) That the individual is a resident of this State
16    and a citizen or lawful permanent resident alien of the
17    United States;
18        (b) That the individual is a member of a racial
19    minority as defined under the terms of this Act;
20        (c) That the individual has earned any educational
21    diploma at an institution of education located in this
22    State, or is a resident of the State for no less than three
23    years prior to applying for the grant, and the individual
24    must hold a baccalaureate degree from an institution of
25    higher learning;

 

 

10200SB3865ham002- 53 -LRB102 24242 HLH 38406 a

1        (d) That the individual's financial resources are such
2    that, in the absence of a DFI grant, the individual will be
3    prevented from pursuing a graduate or professional degree
4    at a qualified institution of higher education of his or
5    her choice;
6        (e) That the individual has above average academic
7    ability to pursue a graduate or professional degree; and
8        (f) That the individual meets other qualifications
9    which shall be established by the Program Board.
10    Grant funds shall be awarded only to those persons
11pursuing a graduate or professional degree program at a
12qualified institution of higher education.
13    The Board shall by rule promulgate, pursuant to the
14Illinois Administrative Procedure Act, precise standards to be
15used by the Program Board to determine whether a program
16applicant has above average academic ability to pursue a
17graduate or professional degree.
18(Source: P.A. 93-862, eff. 8-4-04.)
 
19    Section 55. The Higher Education Student Assistance Act is
20amended by changing Sections 65.50 and 65.110 as follows:
 
21    (110 ILCS 947/65.50)
22    Sec. 65.50. Teacher training full-time undergraduate
23scholarships.
24    (a) Five hundred new scholarships shall be provided each

 

 

10200SB3865ham002- 54 -LRB102 24242 HLH 38406 a

1year for qualified high school students or high school
2graduates who desire to pursue full-time undergraduate studies
3in teacher education at public or private universities or
4colleges and community colleges in this State. The Commission,
5in accordance with rules and regulations promulgated for this
6program, shall provide funding and shall designate each year's
7new recipients from among those applicants who qualify for
8consideration by showing:
9        (1) that he or she is a resident of this State and a
10    citizen or a lawful permanent resident alien of the United
11    States;
12        (2) that he or she has successfully completed the
13    program of instruction at an approved high school or is a
14    student in good standing at such a school and is engaged in
15    a program that will be completed by the end of the academic
16    year, and in either event that his or her cumulative grade
17    average was or is in the upper 1/4 of the high school
18    class;
19        (3) that he or she has superior capacity to profit by a
20    higher education; and
21        (4) that he or she agrees to teach in Illinois schools
22    in accordance with subsection (b).
23    No rule or regulation promulgated by the State Board of
24Education prior to the effective date of this amendatory Act
25of 1993 pursuant to the exercise of any right, power, duty,
26responsibility or matter of pending business transferred from

 

 

10200SB3865ham002- 55 -LRB102 24242 HLH 38406 a

1the State Board of Education to the Commission under this
2Section shall be affected thereby, and all such rules and
3regulations shall become the rules and regulations of the
4Commission until modified or changed by the Commission in
5accordance with law.
6    If in any year the number of qualified applicants exceeds
7the number of scholarships to be awarded, the Commission shall
8give priority in awarding scholarships to students in
9financial need. The Commission shall consider factors such as
10the applicant's family income, the size of the applicant's
11family and the number of other children in the applicant's
12family attending college in determining the financial need of
13the individual.
14    Unless otherwise indicated, these scholarships shall be
15good for a period of up to 4 years while the recipient is
16enrolled for residence credit at a public or private
17university or college or at a community college. The
18scholarship shall cover tuition, fees and a stipend of $1,500
19per year. For purposes of calculating scholarship awards for
20recipients attending private universities or colleges, tuition
21and fees for students at private colleges and universities
22shall not exceed the average tuition and fees for students at
234-year public colleges and universities for the academic year
24in which the scholarship is made.
25    (b) Upon graduation from or termination of enrollment in a
26teacher education program, any person who accepted a

 

 

10200SB3865ham002- 56 -LRB102 24242 HLH 38406 a

1scholarship under the undergraduate scholarship program
2continued by this Section, including persons whose graduation
3or termination of enrollment occurred prior to the effective
4date of this amendatory Act of 1993, shall teach in any school
5in this State for at least 4 of the 7 years immediately
6following his or her graduation or termination. If the
7recipient spends up to 4 years in military service before or
8after he or she graduates, the period of military service
9shall be excluded from the computation of that 7 year period. A
10recipient who is enrolled full-time in an academic program
11leading to a graduate degree in education shall have the
12period of graduate study excluded from the computation of that
137 year period.
14    Any person who fails to fulfill the teaching requirement
15shall pay to the Commission an amount equal to one-fourth of
16the scholarship received for each unfulfilled year of the
174-year teaching requirement, together with interest at 8% per
18year on that amount. However, this obligation to repay does
19not apply when the failure to fulfill the teaching requirement
20results from involuntarily leaving the profession due to a
21decrease in the number of teachers employed by the school
22board or a discontinuation of a type of teaching service under
23Section 24-12 of the School Code or from the death or
24adjudication as incompetent of the person holding the
25scholarship. No claim for repayment may be filed against the
26estate of such a decedent or incompetent.

 

 

10200SB3865ham002- 57 -LRB102 24242 HLH 38406 a

1    Each person applying for such a scholarship shall be
2provided with a copy of this subsection at the time he or she
3applies for the benefits of such scholarship.
4    (c) This Section is substantially the same as Sections
530-14.5 and 30-14.6 of the School Code, which are repealed by
6this amendatory Act of 1993, and shall be construed as a
7continuation of the teacher training undergraduate scholarship
8program established by that prior law, and not as a new or
9different teacher training undergraduate scholarship program.
10The State Board of Education shall transfer to the Commission,
11as the successor to the State Board of Education for all
12purposes of administering and implementing the provisions of
13this Section, all books, accounts, records, papers, documents,
14contracts, agreements, and pending business in any way
15relating to the teacher training undergraduate scholarship
16program continued under this Section, and all scholarships at
17any time awarded under that program by, and all applications
18for any such scholarship at any time made to, the State Board
19of Education shall be unaffected by the transfer to the
20Commission of all responsibility for the administration and
21implementation of the teacher training undergraduate
22scholarship program continued under this Section. The State
23Board of Education shall furnish to the Commission such other
24information as the Commission may request to assist it in
25administering this Section.
26(Source: P.A. 88-228.)
 

 

 

10200SB3865ham002- 58 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 59 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 60 -LRB102 24242 HLH 38406 a

1subsection (c), "racial minority" means a person who is a
2citizen of the United States or a lawful permanent resident
3alien of the United States and who is:
4        (1) Black (a person having origins in any of the black
5    racial groups in Africa);
6        (2) Hispanic (a person of Spanish or Portuguese
7    culture with origins in Mexico, South or Central America,
8    or the Caribbean Islands, regardless of race);
9        (3) Asian American (a person having origins in any of
10    the original peoples of the Far East, Southeast Asia, the
11    Indian Subcontinent, or the Pacific Islands); or
12        (4) American Indian or Alaskan Native (a person having
13    origins in any of the original peoples of North America).
14    (d) Each scholarship shall be applied to the payment of
15tuition and mandatory fees at the University of Illinois,
16Southern Illinois University, Chicago State University,
17Eastern Illinois University, Governors State University,
18Illinois State University, Northeastern Illinois University,
19Northern Illinois University, and Western Illinois University.
20Each scholarship may be applied to pay tuition and mandatory
21fees required to obtain an Illinois Professional Educator
22License with an endorsement in School Social Work.
23    (e) The Commission shall make tuition and fee payments
24directly to the qualified institution of higher learning that
25the applicant attends.
26    (f) Any person who has accepted a scholarship under this

 

 

10200SB3865ham002- 61 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 62 -LRB102 24242 HLH 38406 a

1under this Section shall be forwarded to the State Comptroller
2for deposit into this State's General Revenue Fund.
3    A recipient of a scholarship under this Section is not
4considered to be in violation of the failure to fulfill the
5work obligation under subsection (f) if the recipient (i)
6enrolls on a full-time basis as a graduate student in a course
7of study related to the field of social work at a qualified
8Illinois institution of higher learning; (ii) is serving, not
9in excess of 3 years, as a member of the armed services of the
10United States; (iii) is a person with a temporary total
11disability for a period of time not to exceed 3 years, as
12established by the sworn affidavit of a qualified physician;
13(iv) is seeking and unable to find full-time employment as a
14school social worker at an Illinois public or nonpublic
15not-for-profit preschool, elementary school, or secondary
16school that satisfies the criteria set forth in subsection (f)
17and is able to provide evidence of that fact; or (v) becomes a
18person with a permanent total disability, as established by
19the sworn affidavit of a qualified physician.
20(Source: P.A. 102-621, eff. 1-1-22.)
 
21    Section 60. The Mental Health Graduate Education
22Scholarship Act is amended by changing Section 20 as follows:
 
23    (110 ILCS 952/20)
24    Sec. 20. Scholarships.

 

 

10200SB3865ham002- 63 -LRB102 24242 HLH 38406 a

1    (a) Beginning with the fall term of the 2009-2010 academic
2year, the Department, in accordance with rules adopted by it
3for this program, shall provide scholarships to individuals
4selected from among those applicants who qualify for
5consideration by showing all of the following:
6        (1) That the individual has been a resident of this
7    State for at least one year prior to application and is a
8    citizen or a lawful permanent resident alien of the United
9    States.
10        (2) That the individual enrolled in or accepted into a
11    mental health graduate program at an approved institution.
12        (3) That the individual agrees to meet the mental
13    health employment obligation.
14    (b) If in any year the number of qualified applicants
15exceeds the number of scholarships to be awarded, the
16Department shall, in consultation with the Advisory Council,
17consider the following factors in granting priority in
18awarding scholarships:
19        (1) Financial need, as shown on a standardized
20    financial needs assessment form used by an approved
21    institution.
22        (2) A student's merit, as shown through his or her
23    grade point average, class rank, and other academic and
24    extracurricular activities.
25The Department may add to and further define these merit
26criteria by rule.

 

 

10200SB3865ham002- 64 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 65 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 66 -LRB102 24242 HLH 38406 a

1years if the recipient is enrolled in an associate degree in
2nursing program, up to 3 years if the recipient is enrolled in
3a hospital-based diploma in nursing program, up to 4 years if
4the recipient is enrolled in a baccalaureate degree in nursing
5program, up to 5 years if the recipient is enrolled in a
6graduate degree in nursing program, and up to one year if the
7recipient is enrolled in a certificate in practical nursing
8program. At least 40% of the scholarships awarded shall be for
9recipients who are pursuing baccalaureate degrees in nursing,
1030% of the scholarships awarded shall be for recipients who
11are pursuing associate degrees in nursing or a diploma in
12nursing, 10% of the scholarships awarded shall be for
13recipients who are pursuing a certificate in practical
14nursing, and 20% of the scholarships awarded shall be for
15recipients who are pursuing a graduate degree in nursing.
16    Beginning with the fall term of the 2021-2022 academic
17year and continuing through the 2024-2025 academic year,
18subject to appropriation from the Hospital Licensure Fund, in
19addition to any other funds available to the Department for
20such scholarships, the Department may award a total of
21$500,000 annually in scholarships under this Section.
22(Source: P.A. 102-641, eff. 8-27-21.)
 
23    (110 ILCS 975/6.5)
24    Sec. 6.5. Nurse educator scholarships.
25    (a) Beginning with the fall term of the 2009-2010 academic

 

 

10200SB3865ham002- 67 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 68 -LRB102 24242 HLH 38406 a

1    practical nurses and that educates registered nurses in
2    undergraduate and graduate nursing programs.
3        (3) A student's merit, as shown through his or her
4    grade point average, class rank, experience as a nurse,
5    including supervisory experience, experience as a nurse in
6    the United States military, and other academic and
7    extracurricular activities.
8    (c) Unless otherwise indicated, scholarships under this
9Section shall be awarded to recipients at approved
10institutions for a period of up to 3 years.
11    (d) Within 12 months after graduation from a graduate
12degree in nursing program for nurse educators, any recipient
13who accepted a scholarship under this Section shall begin
14meeting the required nurse educator employment obligation. In
15order to defer his or her continuous employment obligation, a
16recipient must request the deferment in writing from the
17Department. A recipient shall receive a deferment if he or she
18notifies the Department, within 30 days after enlisting, that
19he or she is spending up to 4 years in military service. A
20recipient shall receive a deferment if he or she notifies the
21Department, within 30 days after enrolling, that he or she is
22enrolled in an academic program leading to a graduate degree
23in nursing. The recipient must begin meeting the required
24nurse educator employment obligation no later than 6 months
25after the end of the deferment or deferments.
26    Any person who fails to fulfill the nurse educator

 

 

10200SB3865ham002- 69 -LRB102 24242 HLH 38406 a

1employment obligation shall pay to the Department an amount
2equal to the amount of scholarship funds received per year for
3each unfulfilled year of the nurse educator employment
4obligation, together with interest at 7% per year on the
5unpaid balance. Payment must begin within 6 months following
6the date of the occurrence initiating the repayment. All
7repayments must be completed within 6 years from the date of
8the occurrence initiating the repayment. However, this
9repayment obligation may be deferred and re-evaluated every 6
10months when the failure to fulfill the nurse educator
11employment obligation results from involuntarily leaving the
12profession due to a decrease in the number of nurses employed
13in this State or when the failure to fulfill the nurse educator
14employment obligation results from total and permanent
15disability. The repayment obligation shall be excused if the
16failure to fulfill the nurse educator employment obligation
17results from the death or adjudication as incompetent of the
18person holding the scholarship. No claim for repayment may be
19filed against the estate of such a decedent or incompetent.
20    The Department may allow a nurse educator employment
21obligation fulfillment alternative if the nurse educator
22scholarship recipient is unsuccessful in finding work as a
23nurse educator. The Department shall maintain a database of
24all available nurse educator positions in this State.
25    (e) Each person applying for a scholarship under this
26Section must be provided with a copy of this Section at the

 

 

10200SB3865ham002- 70 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 71 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 72 -LRB102 24242 HLH 38406 a

1Section 7 of this Act, the Board shall, if it determines that
2such appropriations as are made pursuant to Section 12 of this
3Act are insufficient to allow the Board to accept all of the
4eligible persons which it projects will apply for enrollment
5under the Plan, limit or close enrollment to ensure that the
6Plan is not over-subscribed and that it has sufficient
7resources to meet its obligations to existing enrollees. The
8Board shall not limit or close enrollment for federally
9eligible individuals.
10    e. A person shall not be eligible for coverage under the
11Plan if:
12        (1) He or she has or obtains other coverage under a
13    group health plan or health insurance coverage
14    substantially similar to or better than a Plan policy as
15    an insured or covered dependent or would be eligible to
16    have that coverage if he or she elected to obtain it.
17    Persons otherwise eligible for Plan coverage may, however,
18    solely for the purpose of having coverage for a
19    pre-existing condition, maintain other coverage only while
20    satisfying any pre-existing condition waiting period under
21    a Plan policy or a subsequent replacement policy of a Plan
22    policy.
23        (1.1) His or her prior coverage under a group health
24    plan or health insurance coverage, provided or arranged by
25    an employer of more than 10 employees was discontinued for
26    any reason without the entire group or plan being

 

 

10200SB3865ham002- 73 -LRB102 24242 HLH 38406 a

1    discontinued and not replaced, provided he or she remains
2    an employee, or dependent thereof, of the same employer.
3        (2) He or she is a recipient of or is approved to
4    receive medical assistance, except that a person may
5    continue to receive medical assistance through the medical
6    assistance no grant program, but only while satisfying the
7    requirements for a preexisting condition under Section 8,
8    subsection f. of this Act. Payment of premiums pursuant to
9    this Act shall be allocable to the person's spenddown for
10    purposes of the medical assistance no grant program, but
11    that person shall not be eligible for any Plan benefits
12    while that person remains eligible for medical assistance.
13    If the person continues to receive or be approved to
14    receive medical assistance through the medical assistance
15    no grant program at or after the time that requirements
16    for a preexisting condition are satisfied, the person
17    shall not be eligible for coverage under the Plan. In that
18    circumstance, coverage under the Plan shall terminate as
19    of the expiration of the preexisting condition limitation
20    period. Under all other circumstances, coverage under the
21    Plan shall automatically terminate as of the effective
22    date of any medical assistance.
23        (3) Except as provided in Section 15, the person has
24    previously participated in the Plan and voluntarily
25    terminated Plan coverage, unless 12 months have elapsed
26    since the person's latest voluntary termination of

 

 

10200SB3865ham002- 74 -LRB102 24242 HLH 38406 a

1    coverage.
2        (4) The person fails to pay the required premium under
3    the covered person's terms of enrollment and
4    participation, in which event the liability of the Plan
5    shall be limited to benefits incurred under the Plan for
6    the time period for which premiums had been paid and the
7    covered person remained eligible for Plan coverage.
8        (5) The Plan has paid a total of $5,000,000 in
9    benefits on behalf of the covered person.
10        (6) The person is a resident of a public institution.
11        (7) The person's premium is paid for or reimbursed
12    under any government sponsored program or by any
13    government agency or health care provider, except as an
14    otherwise qualifying full-time employee, or dependent of
15    such employee, of a government agency or health care
16    provider or, except when a person's premium is paid by the
17    U.S. Treasury Department pursuant to the federal Trade Act
18    of 2002.
19        (8) The person has or later receives other benefits or
20    funds from any settlement, judgement, or award resulting
21    from any accident or injury, regardless of the date of the
22    accident or injury, or any other circumstances creating a
23    legal liability for damages due that person by a third
24    party, whether the settlement, judgment, or award is in
25    the form of a contract, agreement, or trust on behalf of a
26    minor or otherwise and whether the settlement, judgment,

 

 

10200SB3865ham002- 75 -LRB102 24242 HLH 38406 a

1    or award is payable to the person, his or her dependent,
2    estate, personal representative, or guardian in a lump sum
3    or over time, so long as there continues to be benefits or
4    assets remaining from those sources in an amount in excess
5    of $300,000.
6        (9) Within the 5 years prior to the date a person's
7    Plan application is received by the Board, the person's
8    coverage under any health care benefit program as defined
9    in 18 U.S.C. 24, including any public or private plan or
10    contract under which any medical benefit, item, or service
11    is provided, was terminated as a result of any act or
12    practice that constitutes fraud under State or federal law
13    or as a result of an intentional misrepresentation of
14    material fact; or if that person knowingly and willfully
15    obtained or attempted to obtain, or fraudulently aided or
16    attempted to aid any other person in obtaining, any
17    coverage or benefits under the Plan to which that person
18    was not entitled.
19    f. The Board or the administrator shall require
20verification of residency and may require any additional
21information or documentation, or statements under oath, when
22necessary to determine residency upon initial application and
23for the entire term of the policy.
24    g. Coverage shall cease (i) on the date a person is no
25longer a resident of Illinois, (ii) on the date a person
26requests coverage to end, (iii) upon the death of the covered

 

 

10200SB3865ham002- 76 -LRB102 24242 HLH 38406 a

1person, (iv) on the date State law requires cancellation of
2the policy, or (v) at the Plan's option, 30 days after the Plan
3makes any inquiry concerning a person's eligibility or place
4of residence to which the person does not reply.
5    h. Except under the conditions set forth in subsection g
6of this Section, the coverage of any person who ceases to meet
7the eligibility requirements of this Section shall be
8terminated at the end of the current policy period for which
9the necessary premiums have been paid.
10(Source: P.A. 96-938, eff. 6-24-10; 97-661, eff. 1-13-12.)
 
11    Section 75. The Hearing Instrument Consumer Protection Act
12is amended by changing Section 8 as follows:
 
13    (225 ILCS 50/8)  (from Ch. 111, par. 7408)
14    (Section scheduled to be repealed on January 1, 2026)
15    Sec. 8. Applicant qualifications; examination.
16    (a) In order to protect persons who are deaf or hard of
17hearing, the Department shall authorize or shall conduct an
18appropriate examination, which may be the International
19Hearing Society's licensure examination, for persons who
20dispense, test, select, recommend, fit, or service hearing
21instruments. The frequency of holding these examinations shall
22be determined by the Department by rule. Those who
23successfully pass such an examination shall be issued a
24license as a hearing instrument dispenser, which shall be

 

 

10200SB3865ham002- 77 -LRB102 24242 HLH 38406 a

1effective for a 2-year period.
2    (b) Applicants shall be:
3        (1) at least 18 years of age;
4        (2) of good moral character;
5        (3) the holder of an associate's degree or the
6    equivalent;
7        (4) free of contagious or infectious disease; and
8        (5) a citizen or person lawfully present in the United
9    States person who has the status as a legal alien.
10    Felony convictions of the applicant and findings against
11the applicant involving matters set forth in Sections 17 and
1218 shall be considered in determining moral character, but
13such a conviction or finding shall not make an applicant
14ineligible to register for examination.
15    (c) Prior to engaging in the practice of fitting,
16dispensing, or servicing hearing instruments, an applicant
17shall demonstrate, by means of written and practical
18examinations, that such person is qualified to practice the
19testing, selecting, recommending, fitting, selling, or
20servicing of hearing instruments as defined in this Act. An
21applicant must obtain a license within 12 months after passing
22either the written or practical examination, whichever is
23passed first, or must take and pass those examinations again
24in order to be eligible to receive a license.
25    The Department shall, by rule, determine the conditions
26under which an individual is examined.

 

 

10200SB3865ham002- 78 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 79 -LRB102 24242 HLH 38406 a

1dispenser as defined in Section 3 of this Act. Persons
2licensed before January 1, 2003 who have a valid license on
3that date may have their license renewed without meeting the
4requirements of this subsection.
5(Source: P.A. 98-827, eff. 1-1-15; 99-204, eff. 7-30-15;
699-847, eff. 8-19-16.)
 
7    Section 80. The Illinois Public Aid Code is amended by
8changing Section 5-3 as follows:
 
9    (305 ILCS 5/5-3)  (from Ch. 23, par. 5-3)
10    Sec. 5-3. Residence.) Any person who has established his
11residence in this State and lives therein, including any
12person who is a migrant worker, may qualify for medical
13assistance. A person who, while temporarily in this State,
14suffers injury or illness endangering his life and health and
15necessitating emergency care, may also qualify.
16    Temporary absence from the State shall not disqualify a
17person from maintaining his eligibility under this Article.
18    As used in this Section, "migrant worker" means any person
19residing temporarily and employed in Illinois who moves
20seasonally from one place to another for the purpose of
21employment in agricultural activities, including the planting,
22raising or harvesting of any agricultural or horticultural
23commodities and the handling, packing or processing of such
24commodities on the farm where produced or at the point of first

 

 

10200SB3865ham002- 80 -LRB102 24242 HLH 38406 a

1processing, in animal husbandry, or in other activities
2connected with the care of animals. Dependents of such person
3shall be considered eligible if they are living with the
4person during his or her temporary residence and employment in
5Illinois.
6    In order to be eligible for medical assistance under this
7section, each migrant worker shall show proof of citizenship
8or legal immigration alien status.
9(Source: P.A. 81-746.)
 
10    Section 85. The Service Member Employment and Reemployment
11Rights Act is amended by changing Section 1-10 as follows:
 
12    (330 ILCS 61/1-10)
13    Sec. 1-10. Definitions. As used in this Act:
14    "Accrue" means to accumulate in regular or increasing
15amounts over time subject to customary allocation of cost.
16    "Active duty" means any full-time military service
17regardless of length or voluntariness including, but not
18limited to, annual training, full-time National Guard duty,
19and State active duty. "Active duty" does not include any form
20of inactive duty service such as drill duty or muster duty.
21"Active duty", unless provided otherwise, includes active duty
22without pay.
23    "Active service" means all forms of active and inactive
24duty regardless of voluntariness including, but not limited

 

 

10200SB3865ham002- 81 -LRB102 24242 HLH 38406 a

1to, annual training, active duty for training, initial active
2duty training, overseas training duty, full-time National
3Guard duty, active duty other than training, State active
4duty, mobilizations, and muster duty. "Active service", unless
5provided otherwise, includes active service without pay.
6"Active service" includes:
7        (1) Reserve component voluntary active service means
8    service under one of the following authorities:
9            (A) any duty under 32 U.S.C. 502(f)(1)(B);
10            (B) active guard reserve duty, operational
11        support, or additional duty under 10 U.S.C. 12301(d)
12        or 32 U.S.C. 502(f)(1)(B);
13            (C) funeral honors under 10 U.S.C. 12503 or 32
14        U.S.C. 115;
15            (D) duty at the National Guard Bureau under 10
16        U.S.C. 12402;
17            (E) unsatisfactory participation under 10 U.S.C.
18        10148 or 10 U.S.C. 12303;
19            (F) discipline under 10 U.S.C. 802(d);
20            (G) extended active duty under 10 U.S.C. 12311;
21        and
22            (H) reserve program administrator under 10 U.S.C.
23        10211.
24        (2) Reserve component involuntary active service
25    includes, but is not limited to, service under one of the
26    following authorities:

 

 

10200SB3865ham002- 82 -LRB102 24242 HLH 38406 a

1            (A) annual training or drill requirements under 10
2        U.S.C. 10147, 10 U.S.C. 12301(b) or 32 U.S.C. 502(a).
3            (B) additional training duty or other duty under
4        32 U.S.C. 502(f)(1)(A);
5            (C) pre-planned or pre-programmed combatant
6        commander support under 10 U.S.C. 12304b;
7            (D) mobilization under 10 U.S.C. 12301(a) or 10
8        U.S.C. 12302;
9            (E) presidential reserve call-up under 10 U.S.C.
10        12304;
11            (F) emergencies and natural disasters under 10
12        U.S.C. 12304a or 14 U.S.C. 712;
13            (G) muster duty under 10 U.S.C. 12319;
14            (H) retiree recall under 10 U.S.C. 688;
15            (I) captive status under 10 U.S.C. 12301(g);
16            (J) insurrection under 10 U.S.C. 331, 10 U.S.C.
17        332, or 10 U.S.C. 12406;
18            (K) pending line of duty determination for
19        response to sexual assault under 10 U.S.C. 12323; and
20            (L) initial active duty for training under 10
21        U.S.C. 671.
22    Reserve component active service not listed in paragraph
23(1) or (2) shall be considered involuntary active service
24under paragraph (2).
25    "Active service without pay" means active service
26performed under any authority in which base pay is not

 

 

10200SB3865ham002- 83 -LRB102 24242 HLH 38406 a

1received regardless of other allowances.
2    "Annual training" means any active duty performed under
3Section 10147 or 12301(b) of Title 10 of the United States Code
4or under Section 502(a) of Title 32 of the United States Code.
5    "Base pay" means the main component of military pay,
6whether active or inactive, based on rank and time in service.
7It does not include the addition of conditional funds for
8specific purposes such as allowances, incentive and special
9pay. Base pay, also known as basic pay, can be determined by
10referencing the appropriate military pay chart covering the
11time period in question located on the federal Defense Finance
12and Accounting Services website or as reflected on a federal
13Military Leave and Earnings Statement.
14    "Benefits" includes, but is not limited to, the terms,
15conditions, or privileges of employment, including any
16advantage, profit, privilege, gain, status, account, or
17interest, including wages or salary for work performed, that
18accrues by reason of an employment contract or agreement or an
19employer policy, plan, or practice and includes rights and
20benefits under a pension plan, a health plan, an employee
21stock ownership plan, insurance coverage and awards, bonuses,
22severance pay, supplemental unemployment benefits, vacations,
23and the opportunity to select work hours or location of
24employment.
25    "Differential compensation" means pay due when the
26employee's daily rate of compensation for military service is

 

 

10200SB3865ham002- 84 -LRB102 24242 HLH 38406 a

1less than his or her daily rate of compensation as a public
2employee.
3    "Employee" means anyone employed by an employer.
4"Employee" includes any person who is a citizen, national, or
5permanent resident alien of the United States employed in a
6workplace that the State has legal authority to regulate
7business and employment. "Employee" does not include an
8independent contractor.
9    "Employer" means any person, institution, organization, or
10other entity that pays salary or wages for work performed or
11that has control over employment opportunities, including:
12        (1) a person, institution, organization, or other
13    entity to whom the employer has delegated the performance
14    of employment-related responsibilities;
15        (2) an employer of a public employee;
16        (3) any successor in interest to a person,
17    institution, organization, or other entity referred to
18    under this definition; and
19        (4) a person, institution, organization, or other
20    entity that has been denied initial employment in
21    violation of Section 5-15.
22    "Inactive duty" means inactive duty training, including
23drills, consisting of regularly scheduled unit training
24assemblies, additional training assemblies, periods of
25appropriate duty or equivalent training, and any special
26additional duties authorized for reserve component personnel

 

 

10200SB3865ham002- 85 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 86 -LRB102 24242 HLH 38406 a

1full-time employee of the State of Illinois, a unit of local
2government, a public institution of higher education as
3defined in Section 1 of the Board of Higher Education Act, or a
4school district, other than an independent contractor.
5    "Reserve component" means the reserve components of
6Illinois and the United States Armed Forces regardless of
7status.
8    "Service member" means any person who is a member of a
9military service.
10    "State active duty" means full-time State-funded military
11duty under the command and control of the Governor and subject
12to the Military Code of Illinois.
13    "Unit of local government" means any city, village, town,
14county, or special district.
15(Source: P.A. 100-1101, eff. 1-1-19.)
 
16    Section 90. The Firearm Owners Identification Card Act is
17amended by changing Sections 1.1, 4, and 8 as follows:
 
18    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
19    Sec. 1.1. For purposes of this Act:
20    "Addicted to narcotics" means a person who has been:
21        (1) convicted of an offense involving the use or
22    possession of cannabis, a controlled substance, or
23    methamphetamine within the past year; or
24        (2) determined by the Illinois State Police to be

 

 

10200SB3865ham002- 87 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 88 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 89 -LRB102 24242 HLH 38406 a

1    behavior, such as violent, suicidal, or assaultive
2    threats, actions, or other behavior, as determined by a
3    physician, clinical psychologist, qualified examiner,
4    school administrator, or law enforcement official.
5    "Clinical psychologist" has the meaning provided in
6Section 1-103 of the Mental Health and Developmental
7Disabilities Code.
8    "Controlled substance" means a controlled substance or
9controlled substance analog as defined in the Illinois
10Controlled Substances Act.
11    "Counterfeit" means to copy or imitate, without legal
12authority, with intent to deceive.
13    "Federally licensed firearm dealer" means a person who is
14licensed as a federal firearms dealer under Section 923 of the
15federal Gun Control Act of 1968 (18 U.S.C. 923).
16    "Firearm" means any device, by whatever name known, which
17is designed to expel a projectile or projectiles by the action
18of an explosion, expansion of gas or escape of gas; excluding,
19however:
20        (1) any pneumatic gun, spring gun, paint ball gun, or
21    B-B gun which expels a single globular projectile not
22    exceeding .18 inch in diameter or which has a maximum
23    muzzle velocity of less than 700 feet per second;
24        (1.1) any pneumatic gun, spring gun, paint ball gun,
25    or B-B gun which expels breakable paint balls containing
26    washable marking colors;

 

 

10200SB3865ham002- 90 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 91 -LRB102 24242 HLH 38406 a

1        (2) at which not less than 10 gun show vendors
2    display, offer, or exhibit for sale, sell, transfer, or
3    exchange firearms.
4    "Gun show" includes the entire premises provided for an
5event or function, including parking areas for the event or
6function, that is sponsored to facilitate the purchase, sale,
7transfer, or exchange of firearms as described in this
8Section. Nothing in this definition shall be construed to
9exclude a gun show held in conjunction with competitive
10shooting events at the World Shooting Complex sanctioned by a
11national governing body in which the sale or transfer of
12firearms is authorized under subparagraph (5) of paragraph (g)
13of subsection (A) of Section 24-3 of the Criminal Code of 2012.
14    Unless otherwise expressly stated, "gun show" does not
15include training or safety classes, competitive shooting
16events, such as rifle, shotgun, or handgun matches, trap,
17skeet, or sporting clays shoots, dinners, banquets, raffles,
18or any other event where the sale or transfer of firearms is
19not the primary course of business.
20    "Gun show promoter" means a person who organizes or
21operates a gun show.
22    "Gun show vendor" means a person who exhibits, sells,
23offers for sale, transfers, or exchanges any firearms at a gun
24show, regardless of whether the person arranges with a gun
25show promoter for a fixed location from which to exhibit,
26sell, offer for sale, transfer, or exchange any firearm.

 

 

10200SB3865ham002- 92 -LRB102 24242 HLH 38406 a

1    "Involuntarily admitted" has the meaning as prescribed in
2Sections 1-119 and 1-119.1 of the Mental Health and
3Developmental Disabilities Code.
4    "Mental health facility" means any licensed private
5hospital or hospital affiliate, institution, or facility, or
6part thereof, and any facility, or part thereof, operated by
7the State or a political subdivision thereof which provides
8provide treatment of persons with mental illness and includes
9all hospitals, institutions, clinics, evaluation facilities,
10mental health centers, colleges, universities, long-term care
11facilities, and nursing homes, or parts thereof, which provide
12treatment of persons with mental illness whether or not the
13primary purpose is to provide treatment of persons with mental
14illness.
15    "National governing body" means a group of persons who
16adopt rules and formulate policy on behalf of a national
17firearm sporting organization.
18    "Noncitizen" means a person who is not a citizen of the
19United States, but is a person who is a foreign-born person who
20lives in the United States, has not been naturalized, and is
21still a citizen of a foreign country.
22    "Patient" means:
23        (1) a person who is admitted as an inpatient or
24    resident of a public or private mental health facility for
25    mental health treatment under Chapter III of the Mental
26    Health and Developmental Disabilities Code as an informal

 

 

10200SB3865ham002- 93 -LRB102 24242 HLH 38406 a

1    admission, a voluntary admission, a minor admission, an
2    emergency admission, or an involuntary admission, unless
3    the treatment was solely for an alcohol abuse disorder; or
4        (2) a person who voluntarily or involuntarily receives
5    mental health treatment as an out-patient or is otherwise
6    provided services by a public or private mental health
7    facility, and who poses a clear and present danger to
8    himself, herself, or to others.
9    "Person with a developmental disability" means a person
10with a disability which is attributable to any other condition
11which results in impairment similar to that caused by an
12intellectual disability and which requires services similar to
13those required by persons with intellectual disabilities. The
14disability must originate before the age of 18 years, be
15expected to continue indefinitely, and constitute a
16substantial disability. This disability results, in the
17professional opinion of a physician, clinical psychologist, or
18qualified examiner, in significant functional limitations in 3
19or more of the following areas of major life activity:
20        (i) self-care;
21        (ii) receptive and expressive language;
22        (iii) learning;
23        (iv) mobility; or
24        (v) self-direction.
25    "Person with an intellectual disability" means a person
26with a significantly subaverage general intellectual

 

 

10200SB3865ham002- 94 -LRB102 24242 HLH 38406 a

1functioning which exists concurrently with impairment in
2adaptive behavior and which originates before the age of 18
3years.
4    "Physician" has the meaning as defined in Section 1-120 of
5the Mental Health and Developmental Disabilities Code.
6    "Protective order" means any orders of protection issued
7under the Illinois Domestic Violence Act of 1986, stalking no
8contact orders issued under the Stalking No Contact Order Act,
9civil no contact orders issued under the Civil No Contact
10Order Act, and firearms restraining orders issued under the
11Firearms Restraining Order Act.
12    "Qualified examiner" has the meaning provided in Section
131-122 of the Mental Health and Developmental Disabilities
14Code.
15    "Sanctioned competitive shooting event" means a shooting
16contest officially recognized by a national or state shooting
17sport association, and includes any sight-in or practice
18conducted in conjunction with the event.
19    "School administrator" means the person required to report
20under the School Administrator Reporting of Mental Health
21Clear and Present Danger Determinations Law.
22    "Stun gun or taser" has the meaning ascribed to it in
23Section 24-1 of the Criminal Code of 2012.
24(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
25revised 10-6-21.)
 

 

 

10200SB3865ham002- 95 -LRB102 24242 HLH 38406 a

1    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
2    Sec. 4. Application for Firearm Owner's Identification
3Cards.
4    (a) Each applicant for a Firearm Owner's Identification
5Card must:
6        (1) Submit an application as made available by the
7    Illinois State Police; and
8        (2) Submit evidence to the Illinois State Police that:
9            (i) This subparagraph (i) applies through the
10        180th day following July 12, 2019 (the effective date
11        of Public Act 101-80) this amendatory Act of the 101st
12        General Assembly. He or she is 21 years of age or over,
13        or if he or she is under 21 years of age that he or she
14        has the written consent of his or her parent or legal
15        guardian to possess and acquire firearms and firearm
16        ammunition and that he or she has never been convicted
17        of a misdemeanor other than a traffic offense or
18        adjudged delinquent, provided, however, that such
19        parent or legal guardian is not an individual
20        prohibited from having a Firearm Owner's
21        Identification Card and files an affidavit with the
22        Department as prescribed by the Department stating
23        that he or she is not an individual prohibited from
24        having a Card;
25            (i-5) This subparagraph (i-5) applies on and after
26        the 181st day following July 12, 2019 (the effective

 

 

10200SB3865ham002- 96 -LRB102 24242 HLH 38406 a

1        date of Public Act 101-80) this amendatory Act of the
2        101st General Assembly. He or she is 21 years of age or
3        over, or if he or she is under 21 years of age that he
4        or she has never been convicted of a misdemeanor other
5        than a traffic offense or adjudged delinquent and is
6        an active duty member of the United States Armed
7        Forces or has the written consent of his or her parent
8        or legal guardian to possess and acquire firearms and
9        firearm ammunition, provided, however, that such
10        parent or legal guardian is not an individual
11        prohibited from having a Firearm Owner's
12        Identification Card and files an affidavit with the
13        Illinois State Police Department as prescribed by the
14        Illinois State Police Department stating that he or
15        she is not an individual prohibited from having a Card
16        or the active duty member of the United States Armed
17        Forces under 21 years of age annually submits proof to
18        the Illinois State Police, in a manner prescribed by
19        the Illinois State Police Department;
20            (ii) He or she has not been convicted of a felony
21        under the laws of this or any other jurisdiction;
22            (iii) He or she is not addicted to narcotics;
23            (iv) He or she has not been a patient in a mental
24        health facility within the past 5 years or, if he or
25        she has been a patient in a mental health facility more
26        than 5 years ago submit the certification required

 

 

10200SB3865ham002- 97 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 98 -LRB102 24242 HLH 38406 a

1        the Code of Criminal Procedure of 1963, an entry by the
2        court of a judgment of conviction for that offense
3        shall be grounds for denying the issuance of a Firearm
4        Owner's Identification Card under this Section;
5            (x) (Blank);
6            (xi) He or she is not a noncitizen an alien who has
7        been admitted to the United States under a
8        non-immigrant visa (as that term is defined in Section
9        101(a)(26) of the Immigration and Nationality Act (8
10        U.S.C. 1101(a)(26))), or that he or she is a
11        noncitizen an alien who has been lawfully admitted to
12        the United States under a non-immigrant visa if that
13        noncitizen alien is:
14                (1) admitted to the United States for lawful
15            hunting or sporting purposes;
16                (2) an official representative of a foreign
17            government who is:
18                    (A) accredited to the United States
19                Government or the Government's mission to an
20                international organization having its
21                headquarters in the United States; or
22                    (B) en route to or from another country to
23                which that noncitizen alien is accredited;
24                (3) an official of a foreign government or
25            distinguished foreign visitor who has been so
26            designated by the Department of State;

 

 

10200SB3865ham002- 99 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 100 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 101 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 102 -LRB102 24242 HLH 38406 a

1Illinois State Police and Federal Bureau of Investigation
2criminal history records databases, including all available
3State and local criminal history record information files.
4    The Illinois State Police shall charge applicants a
5one-time fee for conducting the criminal history record check,
6which shall be deposited into the State Police Services Fund
7and shall not exceed the actual cost of the State and national
8criminal history record check.
9    (a-26) The Illinois State Police shall research, explore,
10and report to the General Assembly by January 1, 2022 on the
11feasibility of permitting voluntarily submitted fingerprints
12obtained for purposes other than Firearm Owner's
13Identification Card enforcement that are contained in the
14Illinois State Police database for purposes of this Act.
15    (b) Each application form shall include the following
16statement printed in bold type: "Warning: Entering false
17information on an application for a Firearm Owner's
18Identification Card is punishable as a Class 2 felony in
19accordance with subsection (d-5) of Section 14 of the Firearm
20Owners Identification Card Act.".
21    (c) Upon such written consent, pursuant to Section 4,
22paragraph (a)(2)(i), the parent or legal guardian giving the
23consent shall be liable for any damages resulting from the
24applicant's use of firearms or firearm ammunition.
25(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
26102-538, eff. 8-20-21; revised 10-12-21.)
 

 

 

10200SB3865ham002- 103 -LRB102 24242 HLH 38406 a

1    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
2    Sec. 8. Grounds for denial and revocation. The Illinois
3State Police has authority to deny an application for or to
4revoke and seize a Firearm Owner's Identification Card
5previously issued under this Act only if the Illinois State
6Police Department finds that the applicant or the person to
7whom such card was issued is or was at the time of issuance:
8        (a) A person under 21 years of age who has been
9    convicted of a misdemeanor other than a traffic offense or
10    adjudged delinquent;
11        (b) This subsection (b) applies through the 180th day
12    following July 12, 2019 (the effective date of Public Act
13    101-80) this amendatory Act of the 101st General Assembly.
14    A person under 21 years of age who does not have the
15    written consent of his parent or guardian to acquire and
16    possess firearms and firearm ammunition, or whose parent
17    or guardian has revoked such written consent, or where
18    such parent or guardian does not qualify to have a Firearm
19    Owner's Identification Card;
20        (b-5) This subsection (b-5) applies on and after the
21    181st day following July 12, 2019 (the effective date of
22    Public Act 101-80) this amendatory Act of the 101st
23    General Assembly. A person under 21 years of age who is not
24    an active duty member of the United States Armed Forces
25    and does not have the written consent of his or her parent

 

 

10200SB3865ham002- 104 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 105 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 106 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 107 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 108 -LRB102 24242 HLH 38406 a

1    subsection (a) of Section 4 of this Act because he or she
2    was a patient in a mental health facility as provided in
3    subsection (e) of this Section, shall not be permitted to
4    obtain a Firearm Owner's Identification Card, after the
5    5-year period has lapsed, unless he or she has received a
6    mental health evaluation by a physician, clinical
7    psychologist, or qualified examiner as those terms are
8    defined in the Mental Health and Developmental
9    Disabilities Code, and has received a certification that
10    he or she is not a clear and present danger to himself,
11    herself, or others. The physician, clinical psychologist,
12    or qualified examiner making the certification and his or
13    her employer shall not be held criminally, civilly, or
14    professionally liable for making or not making the
15    certification required under this subsection, except for
16    willful or wanton misconduct. This subsection does not
17    apply to a person whose firearm possession rights have
18    been restored through administrative or judicial action
19    under Section 10 or 11 of this Act.
20    Upon revocation of a person's Firearm Owner's
21Identification Card, the Illinois State Police shall provide
22notice to the person and the person shall comply with Section
239.5 of this Act.
24(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
25102-645, eff. 1-1-22; revised 10-14-21.)
 

 

 

10200SB3865ham002- 109 -LRB102 24242 HLH 38406 a

1    Section 95. The Criminal Code of 2012 is amended by
2changing Section 17-6.5 as follows:
 
3    (720 ILCS 5/17-6.5)
4    Sec. 17-6.5. Persons under deportation order;
5ineligibility for benefits.
6    (a) An individual against whom a United States Immigration
7Judge has issued an order of deportation which has been
8affirmed by the Board of Immigration Review, as well as an
9individual who appeals such an order pending appeal, under
10paragraph 19 of Section 241(a) of the Immigration and
11Nationality Act relating to persecution of others on account
12of race, religion, national origin or political opinion under
13the direction of or in association with the Nazi government of
14Germany or its allies, shall be ineligible for the following
15benefits authorized by State law:
16        (1) The homestead exemptions and homestead improvement
17    exemption under Sections 15-170, 15-175, 15-176, and
18    15-180 of the Property Tax Code.
19        (2) Grants under the Senior Citizens and Persons with
20    Disabilities Property Tax Relief Act.
21        (3) The double income tax exemption conferred upon
22    persons 65 years of age or older by Section 204 of the
23    Illinois Income Tax Act.
24        (4) Grants provided by the Department on Aging.
25        (5) Reductions in vehicle registration fees under

 

 

10200SB3865ham002- 110 -LRB102 24242 HLH 38406 a

1    Section 3-806.3 of the Illinois Vehicle Code.
2        (6) Free fishing and reduced fishing license fees
3    under Sections 20-5 and 20-40 of the Fish and Aquatic Life
4    Code.
5        (7) Tuition free courses for senior citizens under the
6    Senior Citizen Courses Act.
7        (8) Any benefits under the Illinois Public Aid Code.
8    (b) If a person has been found by a court to have knowingly
9received benefits in violation of subsection (a) and:
10        (1) the total monetary value of the benefits received
11    is less than $150, the person is guilty of a Class A
12    misdemeanor; a second or subsequent violation is a Class 4
13    felony;
14        (2) the total monetary value of the benefits received
15    is $150 or more but less than $1,000, the person is guilty
16    of a Class 4 felony; a second or subsequent violation is a
17    Class 3 felony;
18        (3) the total monetary value of the benefits received
19    is $1,000 or more but less than $5,000, the person is
20    guilty of a Class 3 felony; a second or subsequent
21    violation is a Class 2 felony;
22        (4) the total monetary value of the benefits received
23    is $5,000 or more but less than $10,000, the person is
24    guilty of a Class 2 felony; a second or subsequent
25    violation is a Class 1 felony; or
26        (5) the total monetary value of the benefits received

 

 

10200SB3865ham002- 111 -LRB102 24242 HLH 38406 a

1    is $10,000 or more, the person is guilty of a Class 1
2    felony.
3    (c) For purposes of determining the classification of an
4offense under this Section, all of the monetary value of the
5benefits received as a result of the unlawful act, practice,
6or course of conduct may be accumulated.
7    (d) Any grants awarded to persons described in subsection
8(a) may be recovered by the State of Illinois in a civil action
9commenced by the Attorney General in the circuit court of
10Sangamon County or the State's Attorney of the county of
11residence of the person described in subsection (a).
12    (e) An individual described in subsection (a) who has been
13deported shall be restored to any benefits which that
14individual has been denied under State law pursuant to
15subsection (a) if (i) the Attorney General of the United
16States has issued an order cancelling deportation and has
17adjusted the status of the individual to that of a person an
18alien lawfully admitted for permanent residence in the United
19States or (ii) the country to which the individual has been
20deported adjudicates or exonerates the individual in a
21judicial or administrative proceeding as not being guilty of
22the persecution of others on account of race, religion,
23national origin, or political opinion under the direction of
24or in association with the Nazi government of Germany or its
25allies.
26(Source: P.A. 99-143, eff. 7-27-15.)
 

 

 

10200SB3865ham002- 112 -LRB102 24242 HLH 38406 a

1    Section 100. The Prevention of Cigarette and Electronic
2Cigarette Sales to Persons under 21 Years of Age Act is amended
3by changing Section 2 as follows:
 
4    (720 ILCS 678/2)
5    Sec. 2. Definitions. For the purpose of this Act:
6    "Cigarette", when used in this Act, means any roll for
7smoking made wholly or in part of tobacco irrespective of size
8or shape and whether or not the tobacco is flavored,
9adulterated, or mixed with any other ingredient, and the
10wrapper or cover of which is made of paper or any other
11substance or material except whole leaf tobacco.
12    "Clear and conspicuous statement" means the statement is
13of sufficient type size to be clearly readable by the
14recipient of the communication.
15    "Consumer" means an individual who acquires or seeks to
16acquire cigarettes or electronic cigarettes for personal use.
17    "Delivery sale" means any sale of cigarettes or electronic
18cigarettes to a consumer if:
19        (a) the consumer submits the order for such sale by
20    means of a telephone or other method of voice
21    transmission, the mails, or the Internet or other online
22    service, or the seller is otherwise not in the physical
23    presence of the buyer when the request for purchase or
24    order is made; or

 

 

10200SB3865ham002- 113 -LRB102 24242 HLH 38406 a

1        (b) the cigarettes or electronic cigarettes are
2    delivered by use of a common carrier, private delivery
3    service, or the mails, or the seller is not in the physical
4    presence of the buyer when the buyer obtains possession of
5    the cigarettes or electronic cigarettes.
6    "Delivery service" means any person (other than a person
7that makes a delivery sale) who delivers to the consumer the
8cigarettes or electronic cigarettes sold in a delivery sale.
9    "Department" means the Department of Revenue.
10    "Electronic cigarette" means:
11        (1) any device that employs a battery or other
12    mechanism to heat a solution or substance to produce a
13    vapor or aerosol intended for inhalation;
14        (2) any cartridge or container of a solution or
15    substance intended to be used with or in the device or to
16    refill the device; or
17        (3) any solution or substance, whether or not it
18    contains nicotine, intended for use in the device.
19    "Electronic cigarette" includes, but is not limited to,
20any electronic nicotine delivery system, electronic cigar,
21electronic cigarillo, electronic pipe, electronic hookah, vape
22pen, or similar product or device, and any component, part, or
23accessory of a device used during the operation of the device,
24even if the part or accessory was sold separately. "Electronic
25cigarette" does not include: cigarettes, as defined in Section
261 of the Cigarette Tax Act; any product approved by the United

 

 

10200SB3865ham002- 114 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 115 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 116 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 117 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 118 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 119 -LRB102 24242 HLH 38406 a

1    and administer all State youth centers pursuant to
2    subsection (d) of Section 3-2.5-20.
3        Pursuant to its power to establish new institutions
4    and facilities, the Department may authorize the
5    Department of Central Management Services to accept bids
6    from counties and municipalities for the construction,
7    remodeling, or conversion of a structure to be leased to
8    the Department of Corrections for the purposes of its
9    serving as a correctional institution or facility. Such
10    construction, remodeling, or conversion may be financed
11    with revenue bonds issued pursuant to the Industrial
12    Building Revenue Bond Act by the municipality or county.
13    The lease specified in a bid shall be for a term of not
14    less than the time needed to retire any revenue bonds used
15    to finance the project, but not to exceed 40 years. The
16    lease may grant to the State the option to purchase the
17    structure outright.
18        Upon receipt of the bids, the Department may certify
19    one or more of the bids and shall submit any such bids to
20    the General Assembly for approval. Upon approval of a bid
21    by a constitutional majority of both houses of the General
22    Assembly, pursuant to joint resolution, the Department of
23    Central Management Services may enter into an agreement
24    with the county or municipality pursuant to such bid.
25        (c-5) To build and maintain regional juvenile
26    detention centers and to charge a per diem to the counties

 

 

10200SB3865ham002- 120 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 121 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 122 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 123 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 124 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 125 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 126 -LRB102 24242 HLH 38406 a

1    3-15003.5 of the Counties Code.
2        (r-5) (Blank).
3        (r-10) To systematically and routinely identify with
4    respect to each streetgang active within the correctional
5    system: (1) each active gang; (2) every existing
6    inter-gang affiliation or alliance; and (3) the current
7    leaders in each gang. The Department shall promptly
8    segregate leaders from inmates who belong to their gangs
9    and allied gangs. "Segregate" means no physical contact
10    and, to the extent possible under the conditions and space
11    available at the correctional facility, prohibition of
12    visual and sound communication. For the purposes of this
13    paragraph (r-10), "leaders" means persons who:
14            (i) are members of a criminal streetgang;
15            (ii) with respect to other individuals within the
16        streetgang, occupy a position of organizer,
17        supervisor, or other position of management or
18        leadership; and
19            (iii) are actively and personally engaged in
20        directing, ordering, authorizing, or requesting
21        commission of criminal acts by others, which are
22        punishable as a felony, in furtherance of streetgang
23        related activity both within and outside of the
24        Department of Corrections.
25    "Streetgang", "gang", and "streetgang related" have the
26    meanings ascribed to them in Section 10 of the Illinois

 

 

10200SB3865ham002- 127 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 128 -LRB102 24242 HLH 38406 a

1    children.
2        (u-5) To issue an order, whenever a person committed
3    to the Department absconds or absents himself or herself,
4    without authority to do so, from any facility or program
5    to which he or she is assigned. The order shall be
6    certified by the Director, the Supervisor of the
7    Apprehension Unit, or any person duly designated by the
8    Director, with the seal of the Department affixed. The
9    order shall be directed to all sheriffs, coroners, and
10    police officers, or to any particular person named in the
11    order. Any order issued pursuant to this subdivision
12    (1)(u-5) shall be sufficient warrant for the officer or
13    person named in the order to arrest and deliver the
14    committed person to the proper correctional officials and
15    shall be executed the same as criminal process.
16        (u-6) To appoint a point of contact person who shall
17    receive suggestions, complaints, or other requests to the
18    Department from visitors to Department institutions or
19    facilities and from other members of the public.
20        (v) To do all other acts necessary to carry out the
21    provisions of this Chapter.
22    (2) The Department of Corrections shall by January 1,
231998, consider building and operating a correctional facility
24within 100 miles of a county of over 2,000,000 inhabitants,
25especially a facility designed to house juvenile participants
26in the impact incarceration program.

 

 

10200SB3865ham002- 129 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 130 -LRB102 24242 HLH 38406 a

1Executive Order 3 (2005) but that pertain to individuals
2resident in facilities operated by the Department of Juvenile
3Justice are transferred to the Department of Juvenile Justice.
4(Source: P.A. 101-235, eff. 1-1-20; 102-350, eff. 8-13-21;
5102-535, eff. 1-1-22; 102-538, eff. 8-20-21; revised
610-15-21.)
 
7    (730 ILCS 5/5-5-3)
8    Sec. 5-5-3. Disposition.
9    (a) (Blank).
10    (b) (Blank).
11    (c) (1) (Blank).
12    (2) A period of probation, a term of periodic imprisonment
13or conditional discharge shall not be imposed for the
14following offenses. The court shall sentence the offender to
15not less than the minimum term of imprisonment set forth in
16this Code for the following offenses, and may order a fine or
17restitution or both in conjunction with such term of
18imprisonment:
19        (A) First degree murder where the death penalty is not
20    imposed.
21        (B) Attempted first degree murder.
22        (C) A Class X felony.
23        (D) A violation of Section 401.1 or 407 of the
24    Illinois Controlled Substances Act, or a violation of
25    subdivision (c)(1.5) of Section 401 of that Act which

 

 

10200SB3865ham002- 131 -LRB102 24242 HLH 38406 a

1    relates to more than 5 grams of a substance containing
2    fentanyl or an analog thereof.
3        (D-5) A violation of subdivision (c)(1) of Section 401
4    of the Illinois Controlled Substances Act which relates to
5    3 or more grams of a substance containing heroin or an
6    analog thereof.
7        (E) (Blank).
8        (F) A Class 1 or greater felony if the offender had
9    been convicted of a Class 1 or greater felony, including
10    any state or federal conviction for an offense that
11    contained, at the time it was committed, the same elements
12    as an offense now (the date of the offense committed after
13    the prior Class 1 or greater felony) classified as a Class
14    1 or greater felony, within 10 years of the date on which
15    the offender committed the offense for which he or she is
16    being sentenced, except as otherwise provided in Section
17    40-10 of the Substance Use Disorder Act.
18        (F-3) A Class 2 or greater felony sex offense or
19    felony firearm offense if the offender had been convicted
20    of a Class 2 or greater felony, including any state or
21    federal conviction for an offense that contained, at the
22    time it was committed, the same elements as an offense now
23    (the date of the offense committed after the prior Class 2
24    or greater felony) classified as a Class 2 or greater
25    felony, within 10 years of the date on which the offender
26    committed the offense for which he or she is being

 

 

10200SB3865ham002- 132 -LRB102 24242 HLH 38406 a

1    sentenced, except as otherwise provided in Section 40-10
2    of the Substance Use Disorder Act.
3        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
4    of the Criminal Code of 1961 or the Criminal Code of 2012
5    for which imprisonment is prescribed in those Sections.
6        (G) Residential burglary, except as otherwise provided
7    in Section 40-10 of the Substance Use Disorder Act.
8        (H) Criminal sexual assault.
9        (I) Aggravated battery of a senior citizen as
10    described in Section 12-4.6 or subdivision (a)(4) of
11    Section 12-3.05 of the Criminal Code of 1961 or the
12    Criminal Code of 2012.
13        (J) A forcible felony if the offense was related to
14    the activities of an organized gang.
15        Before July 1, 1994, for the purposes of this
16    paragraph, "organized gang" means an association of 5 or
17    more persons, with an established hierarchy, that
18    encourages members of the association to perpetrate crimes
19    or provides support to the members of the association who
20    do commit crimes.
21        Beginning July 1, 1994, for the purposes of this
22    paragraph, "organized gang" has the meaning ascribed to it
23    in Section 10 of the Illinois Streetgang Terrorism Omnibus
24    Prevention Act.
25        (K) Vehicular hijacking.
26        (L) A second or subsequent conviction for the offense

 

 

10200SB3865ham002- 133 -LRB102 24242 HLH 38406 a

1    of hate crime when the underlying offense upon which the
2    hate crime is based is felony aggravated assault or felony
3    mob action.
4        (M) A second or subsequent conviction for the offense
5    of institutional vandalism if the damage to the property
6    exceeds $300.
7        (N) A Class 3 felony violation of paragraph (1) of
8    subsection (a) of Section 2 of the Firearm Owners
9    Identification Card Act.
10        (O) A violation of Section 12-6.1 or 12-6.5 of the
11    Criminal Code of 1961 or the Criminal Code of 2012.
12        (P) A violation of paragraph (1), (2), (3), (4), (5),
13    or (7) of subsection (a) of Section 11-20.1 of the
14    Criminal Code of 1961 or the Criminal Code of 2012.
15        (P-5) A violation of paragraph (6) of subsection (a)
16    of Section 11-20.1 of the Criminal Code of 1961 or the
17    Criminal Code of 2012 if the victim is a household or
18    family member of the defendant.
19        (Q) A violation of subsection (b) or (b-5) of Section
20    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
21    Code of 1961 or the Criminal Code of 2012.
22        (R) A violation of Section 24-3A of the Criminal Code
23    of 1961 or the Criminal Code of 2012.
24        (S) (Blank).
25        (T) (Blank).
26        (U) A second or subsequent violation of Section 6-303

 

 

10200SB3865ham002- 134 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 135 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 136 -LRB102 24242 HLH 38406 a

1    (4.1) (Blank).
2    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
3this subsection (c), a minimum of 100 hours of community
4service shall be imposed for a second violation of Section
56-303 of the Illinois Vehicle Code.
6    (4.3) A minimum term of imprisonment of 30 days or 300
7hours of community service, as determined by the court, shall
8be imposed for a second violation of subsection (c) of Section
96-303 of the Illinois Vehicle Code.
10    (4.4) Except as provided in paragraphs (4.5), (4.6), and
11(4.9) of this subsection (c), a minimum term of imprisonment
12of 30 days or 300 hours of community service, as determined by
13the court, shall be imposed for a third or subsequent
14violation of Section 6-303 of the Illinois Vehicle Code. The
15court may give credit toward the fulfillment of community
16service hours for participation in activities and treatment as
17determined by court services.
18    (4.5) A minimum term of imprisonment of 30 days shall be
19imposed for a third violation of subsection (c) of Section
206-303 of the Illinois Vehicle Code.
21    (4.6) Except as provided in paragraph (4.10) of this
22subsection (c), a minimum term of imprisonment of 180 days
23shall be imposed for a fourth or subsequent violation of
24subsection (c) of Section 6-303 of the Illinois Vehicle Code.
25    (4.7) A minimum term of imprisonment of not less than 30
26consecutive days, or 300 hours of community service, shall be

 

 

10200SB3865ham002- 137 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 138 -LRB102 24242 HLH 38406 a

1        (C) make restitution to the victim under Section 5-5-6
2    of this Code.
3    (5.1) In addition to any other penalties imposed, and
4except as provided in paragraph (5.2) or (5.3), a person
5convicted of violating subsection (c) of Section 11-907 of the
6Illinois Vehicle Code shall have his or her driver's license,
7permit, or privileges suspended for at least 90 days but not
8more than one year, if the violation resulted in damage to the
9property of another person.
10    (5.2) In addition to any other penalties imposed, and
11except as provided in paragraph (5.3), a person convicted of
12violating subsection (c) of Section 11-907 of the Illinois
13Vehicle Code shall have his or her driver's license, permit,
14or privileges suspended for at least 180 days but not more than
152 years, if the violation resulted in injury to another
16person.
17    (5.3) In addition to any other penalties imposed, a person
18convicted of violating subsection (c) of Section 11-907 of the
19Illinois Vehicle Code shall have his or her driver's license,
20permit, or privileges suspended for 2 years, if the violation
21resulted in the death of another person.
22    (5.4) In addition to any other penalties imposed, a person
23convicted of violating Section 3-707 of the Illinois Vehicle
24Code shall have his or her driver's license, permit, or
25privileges suspended for 3 months and until he or she has paid
26a reinstatement fee of $100.

 

 

10200SB3865ham002- 139 -LRB102 24242 HLH 38406 a

1    (5.5) In addition to any other penalties imposed, a person
2convicted of violating Section 3-707 of the Illinois Vehicle
3Code during a period in which his or her driver's license,
4permit, or privileges were suspended for a previous violation
5of that Section shall have his or her driver's license,
6permit, or privileges suspended for an additional 6 months
7after the expiration of the original 3-month suspension and
8until he or she has paid a reinstatement fee of $100.
9    (6) (Blank).
10    (7) (Blank).
11    (8) (Blank).
12    (9) A defendant convicted of a second or subsequent
13offense of ritualized abuse of a child may be sentenced to a
14term of natural life imprisonment.
15    (10) (Blank).
16    (11) The court shall impose a minimum fine of $1,000 for a
17first offense and $2,000 for a second or subsequent offense
18upon a person convicted of or placed on supervision for
19battery when the individual harmed was a sports official or
20coach at any level of competition and the act causing harm to
21the sports official or coach occurred within an athletic
22facility or within the immediate vicinity of the athletic
23facility at which the sports official or coach was an active
24participant of the athletic contest held at the athletic
25facility. For the purposes of this paragraph (11), "sports
26official" means a person at an athletic contest who enforces

 

 

10200SB3865ham002- 140 -LRB102 24242 HLH 38406 a

1the rules of the contest, such as an umpire or referee;
2"athletic facility" means an indoor or outdoor playing field
3or recreational area where sports activities are conducted;
4and "coach" means a person recognized as a coach by the
5sanctioning authority that conducted the sporting event.
6    (12) A person may not receive a disposition of court
7supervision for a violation of Section 5-16 of the Boat
8Registration and Safety Act if that person has previously
9received a disposition of court supervision for a violation of
10that Section.
11    (13) A person convicted of or placed on court supervision
12for an assault or aggravated assault when the victim and the
13offender are family or household members as defined in Section
14103 of the Illinois Domestic Violence Act of 1986 or convicted
15of domestic battery or aggravated domestic battery may be
16required to attend a Partner Abuse Intervention Program under
17protocols set forth by the Illinois Department of Human
18Services under such terms and conditions imposed by the court.
19The costs of such classes shall be paid by the offender.
20    (d) In any case in which a sentence originally imposed is
21vacated, the case shall be remanded to the trial court. The
22trial court shall hold a hearing under Section 5-4-1 of this
23Code which may include evidence of the defendant's life, moral
24character and occupation during the time since the original
25sentence was passed. The trial court shall then impose
26sentence upon the defendant. The trial court may impose any

 

 

10200SB3865ham002- 141 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 142 -LRB102 24242 HLH 38406 a

1                (i) removal from the household;
2                (ii) restricted contact with the victim;
3                (iii) continued financial support of the
4            family;
5                (iv) restitution for harm done to the victim;
6            and
7                (v) compliance with any other measures that
8            the court may deem appropriate; and
9        (2) the court orders the defendant to pay for the
10    victim's counseling services, to the extent that the court
11    finds, after considering the defendant's income and
12    assets, that the defendant is financially capable of
13    paying for such services, if the victim was under 18 years
14    of age at the time the offense was committed and requires
15    counseling as a result of the offense.
16    Probation may be revoked or modified pursuant to Section
175-6-4; except where the court determines at the hearing that
18the defendant violated a condition of his or her probation
19restricting contact with the victim or other family members or
20commits another offense with the victim or other family
21members, the court shall revoke the defendant's probation and
22impose a term of imprisonment.
23    For the purposes of this Section, "family member" and
24"victim" shall have the meanings ascribed to them in Section
2511-0.1 of the Criminal Code of 2012.
26    (f) (Blank).

 

 

10200SB3865ham002- 143 -LRB102 24242 HLH 38406 a

1    (g) Whenever a defendant is convicted of an offense under
2Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
311-14.3, 11-14.4 except for an offense that involves keeping a
4place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
511-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
612-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
7Criminal Code of 2012, the defendant shall undergo medical
8testing to determine whether the defendant has any sexually
9transmissible disease, including a test for infection with
10human immunodeficiency virus (HIV) or any other identified
11causative agent of acquired immunodeficiency syndrome (AIDS).
12Any such medical test shall be performed only by appropriately
13licensed medical practitioners and may include an analysis of
14any bodily fluids as well as an examination of the defendant's
15person. Except as otherwise provided by law, the results of
16such test shall be kept strictly confidential by all medical
17personnel involved in the testing and must be personally
18delivered in a sealed envelope to the judge of the court in
19which the conviction was entered for the judge's inspection in
20camera. Acting in accordance with the best interests of the
21victim and the public, the judge shall have the discretion to
22determine to whom, if anyone, the results of the testing may be
23revealed. The court shall notify the defendant of the test
24results. The court shall also notify the victim if requested
25by the victim, and if the victim is under the age of 15 and if
26requested by the victim's parents or legal guardian, the court

 

 

10200SB3865ham002- 144 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 145 -LRB102 24242 HLH 38406 a

1by law, the results of such test shall be kept strictly
2confidential by all medical personnel involved in the testing
3and must be personally delivered in a sealed envelope to the
4judge of the court in which the conviction was entered for the
5judge's inspection in camera. Acting in accordance with the
6best interests of the public, the judge shall have the
7discretion to determine to whom, if anyone, the results of the
8testing may be revealed. The court shall notify the defendant
9of a positive test showing an infection with the human
10immunodeficiency virus (HIV). The court shall provide
11information on the availability of HIV testing and counseling
12at Department of Public Health facilities to all parties to
13whom the results of the testing are revealed and shall direct
14the State's Attorney to provide the information to the victim
15when possible. The court shall order that the cost of any such
16test shall be paid by the county and may be taxed as costs
17against the convicted defendant.
18    (i) All fines and penalties imposed under this Section for
19any violation of Chapters 3, 4, 6, and 11 of the Illinois
20Vehicle Code, or a similar provision of a local ordinance, and
21any violation of the Child Passenger Protection Act, or a
22similar provision of a local ordinance, shall be collected and
23disbursed by the circuit clerk as provided under the Criminal
24and Traffic Assessment Act.
25    (j) In cases when prosecution for any violation of Section
2611-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

 

 

10200SB3865ham002- 146 -LRB102 24242 HLH 38406 a

111-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
211-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
311-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
412-15, or 12-16 of the Criminal Code of 1961 or the Criminal
5Code of 2012, any violation of the Illinois Controlled
6Substances Act, any violation of the Cannabis Control Act, or
7any violation of the Methamphetamine Control and Community
8Protection Act results in conviction, a disposition of court
9supervision, or an order of probation granted under Section 10
10of the Cannabis Control Act, Section 410 of the Illinois
11Controlled Substances Act, or Section 70 of the
12Methamphetamine Control and Community Protection Act of a
13defendant, the court shall determine whether the defendant is
14employed by a facility or center as defined under the Child
15Care Act of 1969, a public or private elementary or secondary
16school, or otherwise works with children under 18 years of age
17on a daily basis. When a defendant is so employed, the court
18shall order the Clerk of the Court to send a copy of the
19judgment of conviction or order of supervision or probation to
20the defendant's employer by certified mail. If the employer of
21the defendant is a school, the Clerk of the Court shall direct
22the mailing of a copy of the judgment of conviction or order of
23supervision or probation to the appropriate regional
24superintendent of schools. The regional superintendent of
25schools shall notify the State Board of Education of any
26notification under this subsection.

 

 

10200SB3865ham002- 147 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 148 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 149 -LRB102 24242 HLH 38406 a

1felony or misdemeanor offense, or has been placed on probation
2under Section 10 of the Cannabis Control Act, Section 410 of
3the Illinois Controlled Substances Act, or Section 70 of the
4Methamphetamine Control and Community Protection Act, the
5court may, upon motion of the State's Attorney to suspend the
6sentence imposed, commit the defendant to the custody of the
7Attorney General of the United States or his or her designated
8agent when:
9        (1) a final order of deportation has been issued
10    against the defendant pursuant to proceedings under the
11    Immigration and Nationality Act, and
12        (2) the deportation of the defendant would not
13    deprecate the seriousness of the defendant's conduct and
14    would not be inconsistent with the ends of justice.
15    (C) This subsection (l) does not apply to offenders who
16are subject to the provisions of paragraph (2) of subsection
17(a) of Section 3-6-3.
18    (D) Upon motion of the State's Attorney, if a defendant
19sentenced under this Section returns to the jurisdiction of
20the United States, the defendant shall be recommitted to the
21custody of the county from which he or she was sentenced.
22Thereafter, the defendant shall be brought before the
23sentencing court, which may impose any sentence that was
24available under Section 5-5-3 at the time of initial
25sentencing. In addition, the defendant shall not be eligible
26for additional earned sentence credit as provided under

 

 

10200SB3865ham002- 150 -LRB102 24242 HLH 38406 a

1Section 3-6-3.
2    (m) A person convicted of criminal defacement of property
3under Section 21-1.3 of the Criminal Code of 1961 or the
4Criminal Code of 2012, in which the property damage exceeds
5$300 and the property damaged is a school building, shall be
6ordered to perform community service that may include cleanup,
7removal, or painting over the defacement.
8    (n) The court may sentence a person convicted of a
9violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
10subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
11of 1961 or the Criminal Code of 2012 (i) to an impact
12incarceration program if the person is otherwise eligible for
13that program under Section 5-8-1.1, (ii) to community service,
14or (iii) if the person has a substance use disorder, as defined
15in the Substance Use Disorder Act, to a treatment program
16licensed under that Act.
17    (o) Whenever a person is convicted of a sex offense as
18defined in Section 2 of the Sex Offender Registration Act, the
19defendant's driver's license or permit shall be subject to
20renewal on an annual basis in accordance with the provisions
21of license renewal established by the Secretary of State.
22(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
23102-531, eff. 1-1-22; revised 10-12-21.)
 
24    Section 120. The Property Owned By Aliens Act is amended
25by changing the title of the Act and Sections 0.01, 7, and 8 as

 

 

10200SB3865ham002- 151 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 152 -LRB102 24242 HLH 38406 a

1    Sec. 8. An act in regard to noncitizens aliens and to
2restrict their right to acquire and hold real and personal
3estate and to provide for the disposition of the lands now
4owned by non-resident noncitizens aliens, approved June 16,
51887, and in force July 1, 1887, and all other acts and parts
6of acts in conflict with this act, are hereby repealed.
7(Source: Laws 1897, p. 5.)
 
8    Section 125. The Property Taxes of Alien Landlords Act is
9amended by changing the title of the Act and Sections 0.01 and
101 as follows:
 
11    (765 ILCS 725/Act title)
12    An Act to prevent noncitizen alien landlords from
13including the payment of taxes in the rent of farm lands as a
14part of the rental thereof.
 
15    (765 ILCS 725/0.01)  (from Ch. 6, par. 8.9)
16    Sec. 0.01. Short title. This Act may be cited as the
17Property Taxes Of Noncitizen Alien Landlords Act.
18(Source: P.A. 86-1324.)
 
19    (765 ILCS 725/1)  (from Ch. 6, par. 9)
20    Sec. 1. No contract, agreement or lease in writing or by
21parol, by which any lands or tenements therein are demised or
22leased by any noncitizen alien or his agents for the purpose of

 

 

10200SB3865ham002- 153 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 154 -LRB102 24242 HLH 38406 a

1            (c) An applicant for any apprenticeship.
2        For purposes of subsection (D) of Section 2-102 of
3    this Act, "employee" also includes an unpaid intern. An
4    unpaid intern is a person who performs work for an
5    employer under the following circumstances:
6            (i) the employer is not committed to hiring the
7        person performing the work at the conclusion of the
8        intern's tenure;
9            (ii) the employer and the person performing the
10        work agree that the person is not entitled to wages for
11        the work performed; and
12            (iii) the work performed:
13                (I) supplements training given in an
14            educational environment that may enhance the
15            employability of the intern;
16                (II) provides experience for the benefit of
17            the person performing the work;
18                (III) does not displace regular employees;
19                (IV) is performed under the close supervision
20            of existing staff; and
21                (V) provides no immediate advantage to the
22            employer providing the training and may
23            occasionally impede the operations of the
24            employer.
25        (2) "Employee" does not include:
26            (a) (Blank);

 

 

10200SB3865ham002- 155 -LRB102 24242 HLH 38406 a

1            (b) Individuals employed by persons who are not
2        "employers" as defined by this Act;
3            (c) Elected public officials or the members of
4        their immediate personal staffs;
5            (d) Principal administrative officers of the State
6        or of any political subdivision, municipal corporation
7        or other governmental unit or agency;
8            (e) A person in a vocational rehabilitation
9        facility certified under federal law who has been
10        designated an evaluee, trainee, or work activity
11        client.
12    (B) Employer.
13        (1) "Employer" includes:
14            (a) Any person employing one or more employees
15        within Illinois during 20 or more calendar weeks
16        within the calendar year of or preceding the alleged
17        violation;
18            (b) Any person employing one or more employees
19        when a complainant alleges civil rights violation due
20        to unlawful discrimination based upon his or her
21        physical or mental disability unrelated to ability,
22        pregnancy, or sexual harassment;
23            (c) The State and any political subdivision,
24        municipal corporation or other governmental unit or
25        agency, without regard to the number of employees;
26            (d) Any party to a public contract without regard

 

 

10200SB3865ham002- 156 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 157 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 158 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 159 -LRB102 24242 HLH 38406 a

1    (J) Eligible Bidder. "Eligible bidder" means a person who,
2prior to contract award or prior to bid opening for State
3contracts for construction or construction-related services,
4has filed with the Department a properly completed, sworn and
5currently valid employer report form, pursuant to the
6Department's regulations. The provisions of this Article
7relating to eligible bidders apply only to bids on contracts
8with the State and its departments, agencies, boards, and
9commissions, and the provisions do not apply to bids on
10contracts with units of local government or school districts.
11    (K) Citizenship Status. "Citizenship status" means the
12status of being:
13        (1) a born U.S. citizen;
14        (2) a naturalized U.S. citizen;
15        (3) a U.S. national; or
16        (4) a person born outside the United States and not a
17    U.S. citizen who is lawfully present not an unauthorized
18    alien and who is protected from discrimination under the
19    provisions of Section 1324b of Title 8 of the United
20    States Code, as now or hereafter amended.
21    (L) Work Authorization Status. "Work authorization status"
22means the status of being a person born outside of the United
23States, and not a U.S. citizen, who is authorized by the
24federal government to work in the United States.
25(Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20;
26102-233, eff. 8-2-21; 102-558, eff. 8-20-21.)
 

 

 

10200SB3865ham002- 160 -LRB102 24242 HLH 38406 a

1    Section 135. The Resident Alien Course Act is amended by
2changing the title of the Act and Sections 0.01, 1, 2, and 3 as
3follows:
 
4    (815 ILCS 400/Act title)
5    An Act concerning fees charged for courses offered to
6persons seeking permanent resident alien status under the
7Immigration Reform and Control Act of 1986.
 
8    (815 ILCS 400/0.01)  (from Ch. 111, par. 8050)
9    Sec. 0.01. Short title. This Act may be cited as the
10Resident Alien Course Act.
11(Source: P.A. 86-1324.)
 
12    (815 ILCS 400/1)  (from Ch. 111, par. 8051)
13    Sec. 1. No individual or agency, authorized by the U.S.
14Immigration and Naturalization Service to offer a course
15leading to a certificate of satisfactory pursuit for issuance
16of permanent resident alien status, may charge a fee for such
17course in excess of $5 per hour per individual up to the first
1860 hours of instruction or $500 for up to 12 months of
19instruction from the date of registration. As used in this
20Section, the term "fee" includes all costs associated with the
21course, including the costs of instruction and materials.
22(Source: P.A. 86-831.)
 

 

 

10200SB3865ham002- 161 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 162 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 163 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 164 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 165 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 166 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 167 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 168 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 169 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 170 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 171 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 172 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 173 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 174 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 175 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 176 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 177 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 178 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 179 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 180 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 181 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 182 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 183 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 184 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 185 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 186 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 187 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 188 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 189 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 190 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 191 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 192 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 193 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 194 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 195 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 196 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 197 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 198 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 199 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 200 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 201 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 202 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 203 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 204 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 205 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 206 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 207 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 208 -LRB102 24242 HLH 38406 a

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

 

 

10200SB3865ham002- 209 -LRB102 24242 HLH 38406 a

1    condition for the Federal approval of this Act requisite
2    to the full tax credit against the tax imposed by the
3    Federal Act for contributions paid by employers pursuant
4    to this Act, shall be applicable under the provisions of
5    this Section.
6    Any data or information required of individuals who claim
7benefits for the purpose of determining whether benefits are
8not payable to them pursuant to this Section shall be
9uniformly required of all individuals who claim benefits.
10    If an individual would otherwise be eligible for benefits,
11no determination shall be made that such individual is
12ineligible for benefits pursuant to this Section because of
13the individual's noncitizen alien status, except upon a
14preponderance of the evidence.
15(Source: P.A. 86-3; 87-122.)
 
16    Section 995. No acceleration or delay. Where this Act
17makes changes in a statute that is represented in this Act by
18text that is not yet or no longer in effect (for example, a
19Section represented by multiple versions), the use of that
20text does not accelerate or delay the taking effect of (i) the
21changes made by this Act or (ii) provisions derived from any
22other Public Act.
 
23    Section 999. Effective date. This Act takes effect upon
24becoming law.".