Bill Amendment: IL HB3469 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: AMERICAN MADE ILLINOIS FLAGS
Status: 2021-01-13 - Senate Floor Amendment No. 5 Motion to Concur Recommends Be Adopted Rules Committee; 003-001-000 [HB3469 Detail]
Download: Illinois-2019-HB3469-Senate_Amendment_001.html
Bill Title: AMERICAN MADE ILLINOIS FLAGS
Status: 2021-01-13 - Senate Floor Amendment No. 5 Motion to Concur Recommends Be Adopted Rules Committee; 003-001-000 [HB3469 Detail]
Download: Illinois-2019-HB3469-Senate_Amendment_001.html
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| 1 | AMENDMENT TO HOUSE BILL 3469
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| 2 | AMENDMENT NO. ______. Amend House Bill 3469 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Article 1. | ||||||
| 5 | Section 1-1. Short title. This Act may be cited as the | ||||||
| 6 | Illinois Future of Work Act.
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| 7 | Section 1-5. Findings and declaration of policy. The | ||||||
| 8 | General Assembly hereby finds, determines, and declares the | ||||||
| 9 | following:
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| 10 | (1) The future of work is a critically important | ||||||
| 11 | conversation for those currently in the workforce as well | ||||||
| 12 | as those looking to reenter or enter it as Illinois | ||||||
| 13 | contemplates an equitable economic recovery from the | ||||||
| 14 | coronavirus pandemic.
| ||||||
| 15 | (2) Policymakers at every level of government will be | ||||||
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| 1 | required to deal with the concurrent crises of the pandemic | ||||||
| 2 | recovery, systemic inequities, and creating good-paying | ||||||
| 3 | jobs. Policymakers must be able to anticipate the workforce | ||||||
| 4 | policies and programs needed in the future to combat | ||||||
| 5 | poverty, inequality, and climate change.
| ||||||
| 6 | (3) Rapid advancements in technology, specifically the | ||||||
| 7 | automation of jobs and expanded artificial intelligence | ||||||
| 8 | capability, have had and will continue to have a profound | ||||||
| 9 | impact on the type, quality, and number of jobs available | ||||||
| 10 | in our 21st century economy.
| ||||||
| 11 | (4) Automation and the rise of artificial intelligence | ||||||
| 12 | and predictive analytics will have major impacts on | ||||||
| 13 | industries and their jobs; from the service sector to white | ||||||
| 14 | collar positions, the impacts will be felt by millions of | ||||||
| 15 | workers in the United States.
| ||||||
| 16 | (5) Despite the opportunities and challenges presented | ||||||
| 17 | by rapid advancements in technology, Illinois is a leader | ||||||
| 18 | in the innovation and development of technology. Illinois | ||||||
| 19 | has been an engine of progress, and it drives new products | ||||||
| 20 | that connect people across the globe, sparking economic | ||||||
| 21 | growth and building prosperity.
| ||||||
| 22 | (6) Illinois has a large, diverse, and well-educated | ||||||
| 23 | labor force ready to meet the challenges it faces.
| ||||||
| 24 | (7) Innovative partnerships across the private and | ||||||
| 25 | public sectors need to be created.
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| 1 | Section 1-10. Illinois Future of Work Task Force; duties | ||||||
| 2 | and responsibilities.
| ||||||
| 3 | (a) The Illinois Future of Work Task Force is created. The | ||||||
| 4 | Task Force shall be proactive and plan for the future of work | ||||||
| 5 | while simultaneously addressing the state of work today.
| ||||||
| 6 | (b) The duties and responsibilities of the Task Force | ||||||
| 7 | include the following:
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| 8 | (1) The Illinois Future of Work Task Force shall | ||||||
| 9 | identify and assess the new and emerging technologies that | ||||||
| 10 | have the potential to significantly affect employment, | ||||||
| 11 | wages, and skill requirements.
| ||||||
| 12 | (2) The Illinois Future of Work Task Force shall | ||||||
| 13 | develop a set of job standards and working conditions that | ||||||
| 14 | will ensure that future work in Illinois builds a vibrant | ||||||
| 15 | middle class.
| ||||||
| 16 | (3) The Illinois Future of Work Task Force shall | ||||||
| 17 | identify the potential jobs of the future and opportunities | ||||||
| 18 | to shape those jobs for the improvement of life for all of | ||||||
| 19 | Illinois.
| ||||||
| 20 | (4) The Illinois Future of Work Task Force shall | ||||||
| 21 | compile research and best practices from other states and | ||||||
| 22 | countries on how to deploy technology to benefit workers | ||||||
| 23 | and the public good.
| ||||||
| 24 | (5) The Illinois Future of Work Task Force shall | ||||||
| 25 | develop tools to assess the impact of proposed technologies | ||||||
| 26 | and evaluate their costs and benefits on workers, | ||||||
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| 1 | employers, the public and the State.
| ||||||
| 2 | (6) The Illinois Future of Work Task Force shall | ||||||
| 3 | identify policies and practices that will help businesses, | ||||||
| 4 | workers, and communities thrive economically throughout | ||||||
| 5 | the State of Illinois.
| ||||||
| 6 | (7) The Illinois Future of Work Task Force shall | ||||||
| 7 | propose workforce development, training, education, and | ||||||
| 8 | apprenticeship programs for the jobs of the future.
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| 9 | Section 1-15. Membership; meetings.
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| 10 | (a) The members of the Illinois Future of Work Task Force | ||||||
| 11 | shall include and represent the diversity of the people of | ||||||
| 12 | Illinois, and shall be composed of the following:
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| 13 | (1) four members appointed by the Senate President, one | ||||||
| 14 | of whom shall serve as a co-chair;
| ||||||
| 15 | (2) four members appointed by the Minority Leader of | ||||||
| 16 | the Senate, one of whom shall serve as a co-chair;
| ||||||
| 17 | (3) four members appointed by the Speaker of the House | ||||||
| 18 | of Representatives, one of whom shall serve as co-chair; | ||||||
| 19 | (4) four members appointed by the Minority Leader of | ||||||
| 20 | the House of Representatives, one of whom shall serve as a | ||||||
| 21 | co-chair;
| ||||||
| 22 | (5) three members appointed by the Governor who each | ||||||
| 23 | represent either the business community, labor community, | ||||||
| 24 | or education community that advocate for job growth;
| ||||||
| 25 | (6) three members appointed by the Governor whose | ||||||
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| 1 | professional expertise is at the juncture of work and | ||||||
| 2 | workers' rights;
| ||||||
| 3 | (7) the Director of Labor, or his or her designee;
| ||||||
| 4 | (8) the Director of Commerce and Economic Opportunity, | ||||||
| 5 | or his or her designee;
| ||||||
| 6 | (9) the Director of Employment Security, or his or her | ||||||
| 7 | designee; and
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| 8 | (10) the Superintendent of the State Board of | ||||||
| 9 | Education, or his or her designee.
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| 10 | (b) Appointments for the Illinois Future of Work Task Force | ||||||
| 11 | must be finalized by January 31, 2021. The Illinois Future of | ||||||
| 12 | Work Task Force shall hold one meeting per month for a total of | ||||||
| 13 | 9 meetings, and the first meeting must be held within 30 days | ||||||
| 14 | after appointments are finalized.
| ||||||
| 15 | (c) Members of the Illinois Future of Work Task Force shall | ||||||
| 16 | serve without compensation.
| ||||||
| 17 | (d) The Department of Commerce and Economic Opportunity | ||||||
| 18 | shall provide administrative support to the Task Force.
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| 19 | Section 1-20. Report; dissolution.
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| 20 | (a) The Illinois Future of Work Task Force shall issue a | ||||||
| 21 | report based upon its findings in the course of performing its | ||||||
| 22 | duties and responsibilities specified under Section 1-10. The | ||||||
| 23 | report shall be written by an independent authority with | ||||||
| 24 | subject matter expertise on the future of work.
| ||||||
| 25 | (b) The Illinois Future of Work Task Force shall submit its | ||||||
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| 1 | final report to the Governor and the General Assembly no later | ||||||
| 2 | than November 1, 2021, and is dissolved upon the filing of its | ||||||
| 3 | report.
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| 4 | Section 1-25. Repeal. This Act is repealed on January 1, | ||||||
| 5 | 2023.
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| 6 | Article 5. | ||||||
| 7 | Section 5-1. Short title. This Act may be cited as the | ||||||
| 8 | Landscape Architecture Registration Act.
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| 9 | Section 5-5. Purpose. It is the purpose of this Act to | ||||||
| 10 | provide for the registration of landscape architects. This Act | ||||||
| 11 | shall be liberally construed to carry out these objectives and | ||||||
| 12 | purposes.
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| 13 | Section 5-10. Definitions. As used in this Act: | ||||||
| 14 | "Address of record" means the designated address recorded | ||||||
| 15 | by the Department in the applicant's application file or | ||||||
| 16 | registrant's registration file as maintained by the | ||||||
| 17 | Department. | ||||||
| 18 | "Department" means the Department of Financial and | ||||||
| 19 | Professional Regulation. | ||||||
| 20 | "Email address of record" means the designated email | ||||||
| 21 | address of record by the Department in the applicant's | ||||||
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| 1 | application file or registrant's registration file as | ||||||
| 2 | maintained by the Department. | ||||||
| 3 | "Landscape architecture" means the art and science of | ||||||
| 4 | arranging land, together with the spaces and objects upon it, | ||||||
| 5 | for the purpose of creating a safe, efficient, healthful, and | ||||||
| 6 | aesthetically pleasing physical environment for human use and | ||||||
| 7 | enjoyment, as performed by landscape architects. | ||||||
| 8 | "Landscape architectural practice" means the offering or | ||||||
| 9 | furnishing of professional services in connection with a | ||||||
| 10 | landscape architecture project that do not require the seal of | ||||||
| 11 | an architect, land surveyor, professional engineer, or | ||||||
| 12 | structural engineer. These services may include, but are not | ||||||
| 13 | limited to, providing preliminary studies; developing design | ||||||
| 14 | concepts; planning for the relationships of physical | ||||||
| 15 | improvements and intended uses of the site; establishing form | ||||||
| 16 | and aesthetic elements; developing those technical details on | ||||||
| 17 | the site that are exclusive of any building or structure; | ||||||
| 18 | preparing and coordinating technical submissions; and | ||||||
| 19 | conducting site observation of a landscape architecture | ||||||
| 20 | project. | ||||||
| 21 | "Registered landscape architect" means a person who, based | ||||||
| 22 | on education, experience, and examination in the field of | ||||||
| 23 | landscape architecture, is registered under this Act. | ||||||
| 24 | "Secretary" means the Secretary of Financial and | ||||||
| 25 | Professional Regulation. The Secretary may designate his or her | ||||||
| 26 | duties under this Act to a designee of his or her choice, | ||||||
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| 1 | including, but not limited to, the Director of Professional | ||||||
| 2 | Regulation.
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| 3 | Section 5-15. Title. | ||||||
| 4 | (a) No person shall use the title "registered landscape | ||||||
| 5 | architect" or "landscape architect" without being so | ||||||
| 6 | registered by the Department. | ||||||
| 7 | (b) Nothing in this Act shall be construed as preventing or | ||||||
| 8 | restricting the offering, advertising, or providing of | ||||||
| 9 | services defined as landscape architecture practice under this | ||||||
| 10 | Act by an individual not registered under this Act.
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| 11 | Section 5-20. Seal. | ||||||
| 12 | (a) Every registered landscape architect shall have a | ||||||
| 13 | reproducible seal, which may be computer generated, the | ||||||
| 14 | impression of which shall contain the name of the registered | ||||||
| 15 | landscape architect, the registered landscape architect's | ||||||
| 16 | registration number, and the words "Registered Landscape | ||||||
| 17 | Architect, State of Illinois". The registered landscape | ||||||
| 18 | architect shall be responsible for his or her seal and | ||||||
| 19 | signature as defined by rule. | ||||||
| 20 | (b) Notwithstanding the requirements of this Section, an | ||||||
| 21 | architect, land surveyor, professional engineer, or structural | ||||||
| 22 | engineer licensed by the Department shall be permitted to affix | ||||||
| 23 | his or her seal to any plans, specifications, and reports | ||||||
| 24 | prepared by or under his or her supervision in connection with | ||||||
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| 1 | the incidental practice of landscape architecture.
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| 2 | Section 5-23. Technical submissions. | ||||||
| 3 | (a) As used in this Section, "technical submissions" | ||||||
| 4 | includes the designs, drawings, and specifications that | ||||||
| 5 | establish the scope of a landscape architecture project; the | ||||||
| 6 | standard of quality for materials, workmanship, equipment, and | ||||||
| 7 | systems; and the studies and other technical reports and | ||||||
| 8 | calculations prepared in the course of the practice of | ||||||
| 9 | landscape architecture. | ||||||
| 10 | (b) A registered landscape architect shall not exercise | ||||||
| 11 | authority in preparing technical submissions that require the | ||||||
| 12 | involvement of an architect, professional engineer, structural | ||||||
| 13 | engineer, or professional land surveyor licensed in Illinois. | ||||||
| 14 | (c) The registered landscape architect who has contract | ||||||
| 15 | responsibility shall seal a cover sheet of the technical | ||||||
| 16 | submissions and those individual portions of the technical | ||||||
| 17 | submissions for which the registered landscape architect is | ||||||
| 18 | legally and professionally responsible.
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| 19 | Section 5-25. Display of registration. Every holder of a | ||||||
| 20 | registered landscape architect registration shall display his | ||||||
| 21 | or her certificate of registration in a conspicuous place in | ||||||
| 22 | his or her principal office, place of business, or place of | ||||||
| 23 | employment.
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| 1 | Section 5-30. Address of record; email address of record. | ||||||
| 2 | All applicants and registrants shall: | ||||||
| 3 | (1) provide a valid address and email address to the | ||||||
| 4 | Department, which shall serve as the address of record and | ||||||
| 5 | email address of record, respectively, at the time of | ||||||
| 6 | application for registration or renewal of registration; | ||||||
| 7 | and | ||||||
| 8 | (2) inform the Department of any change of address of | ||||||
| 9 | record or email address of record within 14 days after such | ||||||
| 10 | change either through the Department's website or by | ||||||
| 11 | contacting the Department.
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| 12 | Section 5-33. Registered Landscape Architecture | ||||||
| 13 | Registration Board. | ||||||
| 14 | (a) The Secretary shall appoint a Registered Landscape | ||||||
| 15 | Architecture Registration Board. The Board shall consist of 5 | ||||||
| 16 | persons who shall serve in an advisory capacity to the | ||||||
| 17 | Secretary. All members of the Board shall be residents of | ||||||
| 18 | Illinois. Four members shall be registered under this Act and | ||||||
| 19 | have not been disciplined within the last 10-year period under | ||||||
| 20 | this Act or the Illinois Landscape Architecture Act of 1989. In | ||||||
| 21 | addition to the 4 registered landscape architects, there shall | ||||||
| 22 | be one public member. The public member shall be a voting | ||||||
| 23 | member and shall not be registered under this Act or licensed | ||||||
| 24 | under any other design profession licensing Act that the | ||||||
| 25 | Department administers. | ||||||
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| 1 | (b) Board members shall serve 5-year terms and until their | ||||||
| 2 | successors are appointed and qualified. | ||||||
| 3 | (c) In appointing members to the Board, the Secretary shall | ||||||
| 4 | give due consideration to recommendations by members and | ||||||
| 5 | organizations of the landscape architecture profession. | ||||||
| 6 | (d) The membership of the Board should reasonably reflect | ||||||
| 7 | representation from the geographic areas in this State. | ||||||
| 8 | (e) No member shall be reappointed to the Board for a term | ||||||
| 9 | that would cause his or her continuous service on the Board to | ||||||
| 10 | be longer than 2 consecutive 5-year terms. | ||||||
| 11 | (f) An appointment to fill a vacancy for the unexpired | ||||||
| 12 | portion of the vacated term shall be made in the same manner as | ||||||
| 13 | an initial appointment. | ||||||
| 14 | (g) Three members shall constitute a quorum. A quorum is | ||||||
| 15 | required for Board decisions. | ||||||
| 16 | (h) The Secretary may terminate the appointment of any | ||||||
| 17 | member for cause that, in the opinion of the Secretary, | ||||||
| 18 | reasonably justified such termination, which may include, but | ||||||
| 19 | is not limited to, a Board member who does not attend 2 | ||||||
| 20 | consecutive meetings. | ||||||
| 21 | (i) Members of the Board may be reimbursed for all | ||||||
| 22 | legitimate, necessary, and authorized expenses. | ||||||
| 23 | (j) The Department may at any time seek the expert advice | ||||||
| 24 | and knowledge of the Board on any matter relating to the | ||||||
| 25 | enforcement of this Act.
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| 1 | Section 5-34. Powers and duties of the Board. | ||||||
| 2 | (a) The Board shall hold at least one meeting each year, | ||||||
| 3 | conducted in accordance with the Open Meetings Act. | ||||||
| 4 | (b) The Board shall annually elect a chairperson and a vice | ||||||
| 5 | chairperson who shall be registered landscape architects. | ||||||
| 6 | (c) The Department may, at any time, seek the expert advice | ||||||
| 7 | and knowledge of the Board on any matter relating to the | ||||||
| 8 | enforcement of this Act, including qualifications of | ||||||
| 9 | applicants for registration.
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| 10 | Section 5-35. Powers and duties of the Department. The | ||||||
| 11 | Department shall exercise, subject to the provisions of this | ||||||
| 12 | Act, the following functions, powers, and duties: | ||||||
| 13 | (1) Authorize examinations to ascertain the fitness | ||||||
| 14 | and qualifications of applicants for registration and pass | ||||||
| 15 | upon the qualifications and fitness of applicants for | ||||||
| 16 | registration by endorsement. | ||||||
| 17 | (2) Adopt rules and regulations required for the | ||||||
| 18 | administration of this Act. | ||||||
| 19 | (3) Conduct hearings on proceedings to refuse to issue, | ||||||
| 20 | renew, or restore registrations, revoke, suspend, place on | ||||||
| 21 | probation, or reprimand persons registered under | ||||||
| 22 | provisions of this Act. | ||||||
| 23 | (4) Adopt rules to establish what constitutes an | ||||||
| 24 | approved landscape architecture program. | ||||||
| 25 | (5) Adopt rules to establish what constitutes | ||||||
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| 1 | landscape architecture experience. | ||||||
| 2 | (6) Issue certificates of registration to those who | ||||||
| 3 | meet the requirements of this Act. | ||||||
| 4 | (7) Conduct investigations related to possible | ||||||
| 5 | violations of this Act.
| ||||||
| 6 | Section 5-40. Application for registration.
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| 7 | (a) Applications for registration shall be made to the | ||||||
| 8 | Department in writing on forms or electronically as prescribed | ||||||
| 9 | by the Department and shall be accompanied by the required fee, | ||||||
| 10 | which shall not be refundable. All applications shall contain | ||||||
| 11 | information that, in the judgment of the Department, enables | ||||||
| 12 | the Department to pass on the qualifications of the applicant | ||||||
| 13 | for registration as a registered landscape architect. The | ||||||
| 14 | Department may require an applicant, at the applicant's | ||||||
| 15 | expense, to have an evaluation of the applicant's education in | ||||||
| 16 | a foreign country by a nationally recognized evaluation service | ||||||
| 17 | approved by the Department in accordance with rules adopted by | ||||||
| 18 | the Department. | ||||||
| 19 | (b) Applicants have 3 years from the date of application to | ||||||
| 20 | complete the application process. If the process has not been | ||||||
| 21 | completed in 3 years, the application shall be denied, the fee | ||||||
| 22 | shall be forfeited, and the applicant must reapply and meet the | ||||||
| 23 | requirements in effect at the time of reapplication.
| ||||||
| 24 | Section 5-45. Qualifications for registration.
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| 1 | (a) To qualify for registration as a registered landscape | ||||||
| 2 | architect, each applicant shall: | ||||||
| 3 | (1) provide proof of graduation from an approved | ||||||
| 4 | landscape architecture program as approved by rule; | ||||||
| 5 | (2) provide proof of experience for registration as | ||||||
| 6 | approved by rule; and | ||||||
| 7 | (3) provide proof of successful passage of an | ||||||
| 8 | examination as approved by rule. | ||||||
| 9 | (b) Upon payment of the required fee and meeting other | ||||||
| 10 | requirements as determined by rule, an applicant who is | ||||||
| 11 | actively registered or licensed as a landscape architect under | ||||||
| 12 | the laws of another jurisdiction of the United States may, | ||||||
| 13 | without examination, be granted registration as a registered | ||||||
| 14 | landscape architect by the Department.
| ||||||
| 15 | Section 5-50. Registration, renewal, and restoration.
| ||||||
| 16 | (a) The expiration date and renewal period for each | ||||||
| 17 | certificate of registration issued under this Act shall be | ||||||
| 18 | established by rule. A registrant may renew a certificate of | ||||||
| 19 | registration during the month preceding its expiration date by | ||||||
| 20 | paying the required fee. | ||||||
| 21 | (b) A registered landscape architect who has permitted his | ||||||
| 22 | or her registration to expire or has had his or her | ||||||
| 23 | registration placed on inactive status may have his or her | ||||||
| 24 | registration restored by making application to the Department | ||||||
| 25 | and filing proof acceptable to the Department of his or her | ||||||
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| 1 | fitness to have his or her registration restored, including, | ||||||
| 2 | but not limited to, sworn evidence certifying active lawful | ||||||
| 3 | practice in another jurisdiction satisfactory to the | ||||||
| 4 | Department and by paying the required fee as determined by | ||||||
| 5 | rule. | ||||||
| 6 | (c) A registered landscape architect whose registration | ||||||
| 7 | expired while engaged (1) in federal service on active duty | ||||||
| 8 | with the Armed Forces of the United States or the State Militia | ||||||
| 9 | called into service or training or (2) in training or education | ||||||
| 10 | under the supervision of the United States preliminary to | ||||||
| 11 | induction into the military service, may have a registration | ||||||
| 12 | restored or reinstated without paying any lapsed | ||||||
| 13 | reinstatement, renewal, or restoration fees if within 2 years | ||||||
| 14 | after termination other than by dishonorable discharge of such | ||||||
| 15 | service, training, or education and the Department is furnished | ||||||
| 16 | with satisfactory evidence that the registrant has been so | ||||||
| 17 | engaged in the practice of landscape architecture and that such | ||||||
| 18 | service, training, or education has been so terminated.
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| 19 | Section 5-55. Prior registrations under the Illinois | ||||||
| 20 | Landscape Architecture Act of 1989. A person who was actively | ||||||
| 21 | registered under the Illinois Landscape Architecture Act of | ||||||
| 22 | 1989 and had renewed his or her registration before January 1, | ||||||
| 23 | 2020, may have his or her registration restored without fee | ||||||
| 24 | upon the effective date of the rules adopted under this Act.
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| 1 | Section 5-60. Inactive status.
| ||||||
| 2 | (a) A person registered under this Act who notifies the | ||||||
| 3 | Department in writing on forms or electronically as prescribed | ||||||
| 4 | by the Department may elect to place his or her registration on | ||||||
| 5 | inactive status and shall, subject to rules of the Department, | ||||||
| 6 | be excused from payment of renewal fees until he or she | ||||||
| 7 | notifies the Department in writing on forms or electronically | ||||||
| 8 | as prescribed by the Department of his or her desire to resume | ||||||
| 9 | active status. | ||||||
| 10 | (b) Any registrant whose registration is on inactive status | ||||||
| 11 | shall not use the title "registered landscape architect" or | ||||||
| 12 | "landscape architect" in the State of Illinois. | ||||||
| 13 | (c) Any registrant who uses the title "registered landscape | ||||||
| 14 | architect" or "landscape architect" while his or her | ||||||
| 15 | registration is inactive shall be considered to be using the | ||||||
| 16 | title without a registration that shall be grounds for | ||||||
| 17 | discipline under this Act.
| ||||||
| 18 | Section 5-65. Fees. The Department shall establish by rule | ||||||
| 19 | a schedule of fees for the administration and maintenance of | ||||||
| 20 | this Act. These fees are not refundable.
| ||||||
| 21 | Section 5-70. Disposition of funds. All of the fees | ||||||
| 22 | collected as authorized under this Act shall be deposited into | ||||||
| 23 | the General Professions Dedicated Fund. The moneys deposited | ||||||
| 24 | into the General Professions Dedicated Fund may be used for the | ||||||
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| |||||||
| 1 | expenses of the Department in the administration of this Act. | ||||||
| 2 | Moneys from the Fund may also be used for direct and allocable | ||||||
| 3 | indirect costs related to the public purposes of the Department | ||||||
| 4 | of Financial and Professional Regulation. Moneys in the Fund | ||||||
| 5 | may be transferred to the Professions Indirect Cost Fund as | ||||||
| 6 | authorized by Section 2105-300 of the Department of | ||||||
| 7 | Professional Regulation Law.
| ||||||
| 8 | Section 5-75. Advertising. Any person registered under | ||||||
| 9 | this Act may advertise the availability of professional | ||||||
| 10 | services in the public media or on the premises where such | ||||||
| 11 | professional services are rendered provided that such | ||||||
| 12 | advertising is truthful and not misleading.
| ||||||
| 13 | Section 5-80. Violation; injunction; cease and desist | ||||||
| 14 | order.
| ||||||
| 15 | (a) If any person violates the provisions of this Act, the | ||||||
| 16 | Secretary may, in the name of the People of the State of | ||||||
| 17 | Illinois, through the Attorney General of the State of Illinois | ||||||
| 18 | or the State's Attorney of any county in which the action is | ||||||
| 19 | brought, petition for an order enjoining such violation and for | ||||||
| 20 | an order enforcing compliance with this Act. Upon the filing of | ||||||
| 21 | a verified petition in court, the court may issue a temporary | ||||||
| 22 | restraining order, without notice or bond, and may | ||||||
| 23 | preliminarily and permanently enjoin such violation. If it is | ||||||
| 24 | established that such person has violated or is violating the | ||||||
| |||||||
| |||||||
| 1 | injunction, the Court may punish the offender for contempt of | ||||||
| 2 | court. Proceedings under this Section shall be in addition to, | ||||||
| 3 | and not in lieu of, all other remedies and penalties provided | ||||||
| 4 | by this Act. | ||||||
| 5 | (b) Whoever holds himself or herself out as a "registered | ||||||
| 6 | landscape architect", "landscape architect", or any other name | ||||||
| 7 | or designation that would in any way imply that he or she is | ||||||
| 8 | able to use the title "registered landscape architect" or | ||||||
| 9 | "landscape architect" without being registered under this Act | ||||||
| 10 | shall be guilty of a Class A misdemeanor, and for each | ||||||
| 11 | subsequent conviction shall be guilty of a Class 4 felony.
| ||||||
| 12 | Section 5-85. Grounds for discipline.
| ||||||
| 13 | (a) The Department may refuse to issue or to renew a | ||||||
| 14 | certificate of registration, or may revoke, suspend, place on | ||||||
| 15 | probation, reprimand, or take other disciplinary or | ||||||
| 16 | nondisciplinary action the Department may deem proper, | ||||||
| 17 | including fines not to exceed $10,000 for each violation, with | ||||||
| 18 | regard to any certificate of registration issued under this | ||||||
| 19 | Act, for any one or combination of the following reasons: | ||||||
| 20 | (1) Material misstatement in furnishing information. | ||||||
| 21 | (2) Negligent or intentional disregard of this Act or | ||||||
| 22 | rules adopted under this Act. | ||||||
| 23 | (3) Conviction of or plea of guilty or nolo contendere, | ||||||
| 24 | finding of guilt, jury verdict, or entry of judgment or | ||||||
| 25 | sentencing, including, but not limited to, convictions, | ||||||
| |||||||
| |||||||
| 1 | preceding sentences of supervision, conditional discharge, | ||||||
| 2 | or first offender probation under the laws of any | ||||||
| 3 | jurisdiction of the United States that is (i) a felony, | ||||||
| 4 | (ii) a misdemeanor, an essential element of which is | ||||||
| 5 | dishonesty, or (iii) any crime that is directly related to | ||||||
| 6 | the practice of landscape architecture. | ||||||
| 7 | (4) Making any misrepresentations for the purpose of | ||||||
| 8 | obtaining a certificate of registration. | ||||||
| 9 | (5) Professional incompetence or gross negligence in | ||||||
| 10 | the rendering of landscape architectural services. | ||||||
| 11 | (6) Aiding or assisting another person in violating any | ||||||
| 12 | provision of this Act or any rules and regulations issued | ||||||
| 13 | pursuant to this Act. | ||||||
| 14 | (7) Failing to provide information within 60 days in | ||||||
| 15 | response to a written request made by the Department. | ||||||
| 16 | (8) Engaging in dishonorable, unethical, or | ||||||
| 17 | unprofessional conduct of a character likely to deceive, | ||||||
| 18 | defraud, or harm the public. | ||||||
| 19 | (9) Habitual or excessive use or abuse of drugs defined | ||||||
| 20 | by law as controlled substances, alcohol, narcotics, | ||||||
| 21 | stimulants, or any other substances that results in the | ||||||
| 22 | inability to practice with reasonable judgment, skill, or | ||||||
| 23 | safety. | ||||||
| 24 | (10) Discipline by another jurisdiction, if at least | ||||||
| 25 | one of the grounds for the discipline is the same or | ||||||
| 26 | substantially equivalent to those set forth in this | ||||||
| |||||||
| |||||||
| 1 | Section. | ||||||
| 2 | (11) Directly or indirectly giving to or receiving from | ||||||
| 3 | any person, firm, corporation, partnership, or association | ||||||
| 4 | any fee, commission, rebate, or other form of compensation | ||||||
| 5 | for any professional service not actually rendered. | ||||||
| 6 | (12) A finding by the Department that the registrant, | ||||||
| 7 | after having the registration placed on probationary | ||||||
| 8 | status, has violated or failed to comply with the terms of | ||||||
| 9 | probation. | ||||||
| 10 | (13) A finding by the Department that the registrant | ||||||
| 11 | has failed to pay a fine imposed by the Department. | ||||||
| 12 | (14) Being named as a perpetrator in an indicated | ||||||
| 13 | report by the Department of Children and Family Services | ||||||
| 14 | under the Abused and Neglected Child Reporting Act, and | ||||||
| 15 | upon proof by clear and convincing evidence that the | ||||||
| 16 | registrant has caused a child to be an abused child or | ||||||
| 17 | neglected child as defined in the Abused and Neglected | ||||||
| 18 | Child Reporting Act. | ||||||
| 19 | (15) Solicitation of professional services by using | ||||||
| 20 | false or misleading advertising. | ||||||
| 21 | (16) Inability to practice the profession with | ||||||
| 22 | reasonable judgment, skill, or safety as a result of | ||||||
| 23 | physical illness, including, but not limited to, | ||||||
| 24 | deterioration through the aging process, loss of motor | ||||||
| 25 | skill, mental illness, or disability. | ||||||
| 26 | (17) Using or attempting to use an expired, inactive, | ||||||
| |||||||
| |||||||
| 1 | suspended, or revoked registration, or the seal of another | ||||||
| 2 | registrant, or impersonating another registrant. | ||||||
| 3 | (18) Signing, affixing, or allowing the registered | ||||||
| 4 | landscape architect's seal to be affixed to any plans not | ||||||
| 5 | prepared by the registered landscape architect or under the | ||||||
| 6 | registered landscape architect's supervision. | ||||||
| 7 | (b) The Department may refuse to issue or may suspend the | ||||||
| 8 | registration of any person who fails to file a return, fails to | ||||||
| 9 | pay the tax, penalty, or interest showing in a filed return, or | ||||||
| 10 | fails to pay any final assessment of tax, penalty, or interest, | ||||||
| 11 | as required by any tax Act administered by the Department of | ||||||
| 12 | Revenue, until any such tax Act are satisfied. | ||||||
| 13 | (c) The entry of a decree by any circuit court establishing | ||||||
| 14 | that any person holding a certificate of registration under | ||||||
| 15 | this Act is a person subject to involuntary admission under the | ||||||
| 16 | Mental Health and Developmental Disabilities Code shall | ||||||
| 17 | operate as a suspension of that registration. That person may | ||||||
| 18 | resume using the title "registered landscape architect" or | ||||||
| 19 | "landscape architect" only upon a finding by the Department | ||||||
| 20 | that he or she has been determined to be no longer subject to | ||||||
| 21 | involuntary admission by the court and meeting the requirements | ||||||
| 22 | for restoration as required by this Act and its rules.
| ||||||
| 23 | Section 5-90. Investigation; notice and hearing.
| ||||||
| 24 | (a) The Department may investigate the actions of any | ||||||
| 25 | applicant or of any person holding or claiming to hold a | ||||||
| |||||||
| |||||||
| 1 | certificate of registration under this Act. | ||||||
| 2 | (b) The Department shall, before disciplining an applicant | ||||||
| 3 | or registrant, at least 30 days prior to the date set for the | ||||||
| 4 | hearing, (i) notify in writing the applicant or registrant of | ||||||
| 5 | the charges made and the time and place for the hearing on the | ||||||
| 6 | charges, (ii) direct the applicant or registrant to file a | ||||||
| 7 | written answer to the charges under oath within 20 days after | ||||||
| 8 | the service of the notice, and (iii) inform the applicant or | ||||||
| 9 | registrant that failure to file a written answer to the charges | ||||||
| 10 | will result in a default judgment being entered against the | ||||||
| 11 | applicant or registrant. | ||||||
| 12 | (c) Written or electronic notice, and any notice in the | ||||||
| 13 | subsequent proceeding, may be served by personal delivery, by | ||||||
| 14 | email, or by mail to the applicant or registrant at their | ||||||
| 15 | address of record or email address of record. | ||||||
| 16 | (d) At the time and place fixed in the notice, the hearing | ||||||
| 17 | officer appointed by the Secretary shall proceed to hear the | ||||||
| 18 | charges and the parties or their counsel shall be accorded | ||||||
| 19 | ample opportunity to present any statement, testimony, | ||||||
| 20 | evidence, and argument as may be pertinent to the charges or to | ||||||
| 21 | their defense. The hearing officer may continue the hearing | ||||||
| 22 | from time to time. | ||||||
| 23 | (e) In case the registrant or applicant, after receiving | ||||||
| 24 | the notice, fails to file an answer, their registration may, in | ||||||
| 25 | the discretion of the Secretary, be suspended, revoked, placed | ||||||
| 26 | on probationary status, or be subject to whatever disciplinary | ||||||
| |||||||
| |||||||
| 1 | action the Secretary considers proper, including limiting the | ||||||
| 2 | scope, nature, or extent of the person's practice or imposition | ||||||
| 3 | of a fine, without hearing, if the act or acts charged | ||||||
| 4 | constitute sufficient grounds for such action under this Act.
| ||||||
| 5 | Section 5-95. Record of proceedings.
| ||||||
| 6 | (a) The Department, at its expense, shall provide a | ||||||
| 7 | certified shorthand reporter to take down the testimony and | ||||||
| 8 | preserve a record of all proceedings in which a registrant may | ||||||
| 9 | have their registration revoked or suspended or in which the | ||||||
| 10 | registrant may be placed on probationary status, reprimanded, | ||||||
| 11 | fined, or subjected to other disciplinary action with reference | ||||||
| 12 | to the registration when a disciplinary action is authorized | ||||||
| 13 | under this Act and rules issued pursuant to this Act. The | ||||||
| 14 | notice of hearing, complaint, and all other documents in the | ||||||
| 15 | nature of pleadings and written motions filed in the | ||||||
| 16 | proceedings, the transcript of the testimony, and the orders of | ||||||
| 17 | the Department shall be the record of the proceedings. The | ||||||
| 18 | record may be made available to any person interested in the | ||||||
| 19 | hearing upon payment of the fee required by Section 2105-115 of | ||||||
| 20 | the Department of Professional Regulation Law. | ||||||
| 21 | (b) The Department may contract for court reporting | ||||||
| 22 | services, and, if it does so, the Department shall provide the | ||||||
| 23 | name and contact information for the certified shorthand | ||||||
| 24 | reporter who transcribed the testimony at a hearing to any | ||||||
| 25 | person interested, who may obtain a copy of the transcript of | ||||||
| |||||||
| |||||||
| 1 | any proceedings at a hearing upon payment of the fee specified | ||||||
| 2 | by the certified shorthand reporter.
| ||||||
| 3 | Section 5-100. Subpoenas; depositions; oaths.
| ||||||
| 4 | (a) The Department has the power to subpoena and bring | ||||||
| 5 | before it any person and to take testimony either orally, by | ||||||
| 6 | deposition, or both, with the same fees and mileage and in the | ||||||
| 7 | same manner as prescribed in civil cases in circuit courts of | ||||||
| 8 | this State. | ||||||
| 9 | (b) The Secretary and the designated hearing officer have | ||||||
| 10 | the power to administer oaths to witnesses at any hearing which | ||||||
| 11 | the Department is authorized to conduct, and any other oaths | ||||||
| 12 | authorized in any Act administered by the Department.
| ||||||
| 13 | Section 5-105. Compelling testimony. Any court, upon the | ||||||
| 14 | application of the Department, designated hearing officer, or | ||||||
| 15 | the applicant or registrant against whom proceedings under | ||||||
| 16 | Section 5-85 of this Act are pending, may, enter an order | ||||||
| 17 | requiring the attendance of witnesses and their testimony and | ||||||
| 18 | the production of documents, papers, files, books, and records | ||||||
| 19 | in connection with any hearing or investigation. The court may | ||||||
| 20 | compel obedience to its order by proceedings for contempt.
| ||||||
| 21 | Section 5-110. Hearing; motion for rehearing.
| ||||||
| 22 | (a) The hearing officer appointed by the Secretary shall | ||||||
| 23 | hear evidence in support of the formal charges and evidence | ||||||
| |||||||
| |||||||
| 1 | produced by the registrant. At the conclusion of the hearing, | ||||||
| 2 | the hearing officer shall present to the Secretary a written | ||||||
| 3 | report of his or her findings of fact, conclusions of law, and | ||||||
| 4 | recommendations. | ||||||
| 5 | (b) At the conclusion of the hearing, a copy of the hearing | ||||||
| 6 | officer's report shall be served upon the applicant or | ||||||
| 7 | registrant, either personally or as provided in this Act for | ||||||
| 8 | the service of the notice of hearing. Within 20 days after such | ||||||
| 9 | service, the applicant or registrant may present to the | ||||||
| 10 | Department a motion, in writing, for a rehearing which shall | ||||||
| 11 | specify the particular grounds for rehearing. The Department | ||||||
| 12 | may respond to the motion for rehearing within 20 days after | ||||||
| 13 | its service on the Department. If no motion for rehearing is | ||||||
| 14 | filed, then upon the expiration of the time specified for | ||||||
| 15 | filing such a motion, or upon denial of a motion for rehearing, | ||||||
| 16 | the Secretary may enter an order in accordance with the | ||||||
| 17 | recommendations of the hearing officer. If the applicant or | ||||||
| 18 | registrant orders from the reporting service and pays for a | ||||||
| 19 | transcript of the record within the time for filing a motion | ||||||
| 20 | for rehearing, the 20-day period within which a motion may be | ||||||
| 21 | filed shall commence upon delivery of the transcript to the | ||||||
| 22 | applicant or registrant. | ||||||
| 23 | (c) If the Secretary disagrees in any regard with the | ||||||
| 24 | report of the hearing officer, the Secretary may issue an order | ||||||
| 25 | contrary to the hearing officer's report. | ||||||
| 26 | (d) If the Secretary is not satisfied that substantial | ||||||
| |||||||
| |||||||
| 1 | justice has been done, the Secretary may order a hearing by the | ||||||
| 2 | same or another hearing officer. | ||||||
| 3 | (e) At any point in any investigation or disciplinary | ||||||
| 4 | proceeding provided for in this Act, both parties may agree to | ||||||
| 5 | a negotiated consent order. The consent order shall be final | ||||||
| 6 | upon signature of the Secretary.
| ||||||
| 7 | Section 5-115. Appointment of a hearing officer. The | ||||||
| 8 | Secretary has the authority to appoint an attorney licensed to | ||||||
| 9 | practice law in the State of Illinois to serve as the hearing | ||||||
| 10 | officer in any action for refusal to issue, restore, or renew a | ||||||
| 11 | registration or to discipline an applicant or registrant. The | ||||||
| 12 | hearing officer shall have full authority to conduct the | ||||||
| 13 | hearing.
| ||||||
| 14 | Section 5-120. Order or certified copy; prima facie proof. | ||||||
| 15 | An order or a certified copy thereof, over the seal of the | ||||||
| 16 | Department and purporting to be signed by the Secretary, shall | ||||||
| 17 | be prima facie proof that: | ||||||
| 18 | (1) the signature is the genuine signature of the | ||||||
| 19 | Secretary; and | ||||||
| 20 | (2) the Secretary is appointed and qualified.
| ||||||
| 21 | Section 5-125. Restoration of suspended or revoked | ||||||
| 22 | registration.
| ||||||
| 23 | (a) At any time after the successful completion of a term | ||||||
| |||||||
| |||||||
| 1 | of probation, suspension, or revocation of a registration under | ||||||
| 2 | this Act, the Department may restore it to the registrant | ||||||
| 3 | unless after an investigation and hearing the Department | ||||||
| 4 | determines that restoration is not in the public interest. | ||||||
| 5 | (b) Where circumstances of suspension or revocation so | ||||||
| 6 | indicate, the Department may require an examination of the | ||||||
| 7 | registrant prior to restoring his or her registration. | ||||||
| 8 | (c) No person whose registration has been revoked as | ||||||
| 9 | authorized in this Act may apply for restoration of that | ||||||
| 10 | registration until such time as provided for in the Civil | ||||||
| 11 | Administrative Code of Illinois. | ||||||
| 12 | (d) A registration that has been suspended or revoked shall | ||||||
| 13 | be considered nonrenewed for purposes of restoration and a | ||||||
| 14 | registration restoring their registration from suspension or | ||||||
| 15 | revocation must comply with the requirements for restoration as | ||||||
| 16 | set forth in Section 5-50 of this Act and any rules adopted | ||||||
| 17 | pursuant to this Act.
| ||||||
| 18 | Section 5-130. Surrender of registration. Upon the | ||||||
| 19 | revocation or suspension of any registration, the registrant | ||||||
| 20 | shall immediately surrender his or her certificate of | ||||||
| 21 | registration to the Department. If the registrant fails to do | ||||||
| 22 | so, the Department has the right to seize the certificate of | ||||||
| 23 | registration.
| ||||||
| 24 | Section 5-135. Administrative Review Law; venue.
| ||||||
| |||||||
| |||||||
| 1 | (a) All final administrative decisions of the Department | ||||||
| 2 | are subject to judicial review under the Administrative Review | ||||||
| 3 | Law and its rules. The term "administrative decision" is | ||||||
| 4 | defined as in Section 3-101 of the Code of Civil Procedure. | ||||||
| 5 | (b) Proceedings for judicial review shall be commenced in | ||||||
| 6 | the circuit court of the county in which the party applying for | ||||||
| 7 | review resides, but if the party is not a resident of this | ||||||
| 8 | State, the venue shall be in Sangamon County. | ||||||
| 9 | (c) The Department shall not be required to certify any | ||||||
| 10 | record to the court, file any answer in court, or to otherwise | ||||||
| 11 | appear in any court in a judicial review proceeding, unless and | ||||||
| 12 | until the Department has received from the plaintiff payment of | ||||||
| 13 | the costs of furnishing and certifying the record, which costs | ||||||
| 14 | shall be determined by the Department. | ||||||
| 15 | (d) Failure on the part of the plaintiff to file a receipt | ||||||
| 16 | of the plaintiff's payment to the Department as specified in | ||||||
| 17 | subsection (c) of this Section in court shall be grounds for | ||||||
| 18 | dismissal of the action. | ||||||
| 19 | (e) During the pendency and hearing of any and all judicial | ||||||
| 20 | proceedings incident to a disciplinary action, the sanctions | ||||||
| 21 | imposed upon the accused by the Department shall remain in full | ||||||
| 22 | force and effect.
| ||||||
| 23 | Section 5-140. Confidentiality. All information collected | ||||||
| 24 | by the Department in the course of an examination or | ||||||
| 25 | investigation of a registrant or applicant, including, but not | ||||||
| |||||||
| |||||||
| 1 | limited to, any complaint against a registrant filed with the | ||||||
| 2 | Department and information collected to investigate any such | ||||||
| 3 | complaint, shall be maintained for the confidential use of the | ||||||
| 4 | Department and shall not be disclosed. The Department may not | ||||||
| 5 | disclose the information to anyone other than law enforcement | ||||||
| 6 | officials, other regulatory agencies that have an appropriate | ||||||
| 7 | regulatory interest as determined by the Secretary, or a party | ||||||
| 8 | presenting a lawful subpoena to the Department. Information and | ||||||
| 9 | documents disclosed to a federal, State, county, or local law | ||||||
| 10 | enforcement agency shall not be disclosed by the agency for any | ||||||
| 11 | purpose to any other agency or person. A formal complaint filed | ||||||
| 12 | against a registrant by the Department or any order issued by | ||||||
| 13 | the Department against a registrant or applicant shall be a | ||||||
| 14 | public record, except as otherwise prohibited by law.
| ||||||
| 15 | Section 5-145. Illinois Administrative Procedure Act. The | ||||||
| 16 | Illinois Administrative Procedure Act is hereby expressly | ||||||
| 17 | adopted and incorporated herein as if all of the provisions of | ||||||
| 18 | that Act were included in this Act, except that the provision | ||||||
| 19 | of subsection (d) of Section 10-65 of the Illinois | ||||||
| 20 | Administrative Procedure Act that provides that at hearings the | ||||||
| 21 | registrant has the right to show compliance with all lawful | ||||||
| 22 | requirements for retention, continuation, or renewal of the | ||||||
| 23 | registration is specifically excluded. The Department shall | ||||||
| 24 | not be required to annually verify email addresses as specified | ||||||
| 25 | in paragraph (a) of subsection (2) of Section 10-75 of the | ||||||
| |||||||
| |||||||
| 1 | Illinois Administrative Procedure Act. For the purposes of this | ||||||
| 2 | Act the notice required under Section 10-25 of the Illinois | ||||||
| 3 | Administrative Procedure Act is deemed sufficient when mailed | ||||||
| 4 | to the address of record or emailed to the email address of | ||||||
| 5 | record.
| ||||||
| 6 | Article 90. Amendatory Provisions. | ||||||
| 7 | Section 90-5. The Regulatory Sunset Act is amended by | ||||||
| 8 | adding Section 4.41 as follows:
| ||||||
| 9 | (5 ILCS 80/4.41 new) | ||||||
| 10 | Sec. 4.41. Act repealed on January 1, 2022. The following | ||||||
| 11 | Act is repealed on January 1, 2022: | ||||||
| 12 | Landscape Architecture Registration Act.
| ||||||
| 13 | Section 90-10. The Illinois Administrative Procedure Act | ||||||
| 14 | is amended by adding Sections 5-45.8 and 5-45.9 as follows:
| ||||||
| 15 | (5 ILCS 100/5-45.8 new) | ||||||
| 16 | Sec. 5-45.8. Emergency rulemaking; Secretary of State | ||||||
| 17 | emergency powers. To provide for the expeditious and timely | ||||||
| 18 | implementation of the extension provisions of Section 30 of the | ||||||
| 19 | Secretary of State Act, emergency rules implementing the | ||||||
| 20 | extension provisions of Section 30 of the Secretary of State | ||||||
| 21 | Act may be adopted in accordance with Section 5-45 by the | ||||||
| |||||||
| |||||||
| 1 | Secretary of State. The adoption of emergency rules authorized | ||||||
| 2 | by Section 5-45 and this Section is deemed to be necessary for | ||||||
| 3 | the public interest, safety, and welfare. | ||||||
| 4 | This Section is repealed on January 1, 2022.
| ||||||
| 5 | (5 ILCS 100/5-45.9 new) | ||||||
| 6 | Sec. 5-45.9. Emergency Rulemaking; Firearm Owners | ||||||
| 7 | Identification Card Act. To provide for the expeditious and | ||||||
| 8 | timely implementation of subsection (c) of Section 5 of the | ||||||
| 9 | Firearm Owner's Identification Card Act and subsection (c) of | ||||||
| 10 | Section 50 of the Firearm Concealed Carry Act, emergency rules | ||||||
| 11 | implementing subsection (c) of Section 5 of the Firearm Owner's | ||||||
| 12 | Identification Card Act and subsection (c) of Section 50 of the | ||||||
| 13 | Firearm Concealed Carry Act may be adopted in accordance with | ||||||
| 14 | Section 5-45 by the Illinois State Police. Any rule shall not | ||||||
| 15 | add any additional requirements, qualifications or | ||||||
| 16 | disqualifications to Section 4 of the Firearm Owner's | ||||||
| 17 | Identification Card Act or Section 25 of the Firearm Concealed | ||||||
| 18 | Carry Act. Emergency rules adopted under this Section are not | ||||||
| 19 | subject to the limitation on the number of emergency rules that | ||||||
| 20 | may be adopted in a 24 month period under subsection (c) of | ||||||
| 21 | Section 5-45. The adoption of emergency rules authorized by | ||||||
| 22 | Section 5-45 and this Section is deemed to be necessary for the | ||||||
| 23 | public interest, safety and welfare.
| ||||||
| 24 | Section 90-15. The Secretary of State Act is amended by | ||||||
| |||||||
| |||||||
| 1 | changing Section 30 as follows:
| ||||||
| 2 | (15 ILCS 305/30) | ||||||
| 3 | (Section scheduled to be repealed on June 30, 2021) | ||||||
| 4 | Sec. 30. Emergency powers. | ||||||
| 5 | (a) In response to the ongoing public health disaster | ||||||
| 6 | caused by Coronavirus Disease 2019 (COVID-19), a novel severe | ||||||
| 7 | acute respiratory illness that spreads rapidly through | ||||||
| 8 | respiratory transmissions, and the need to regulate the number | ||||||
| 9 | of individuals entering a Secretary of State facility at any | ||||||
| 10 | one time in order to prevent the spread of the disease, the | ||||||
| 11 | Secretary of State is hereby given the authority to adopt | ||||||
| 12 | emergency rulemakings, as provided under subsection (b), and to | ||||||
| 13 | adopt permanent administrative rules extending until no later | ||||||
| 14 | than June 30, 2021, the expiration dates of driver's licenses, | ||||||
| 15 | driving permits, monitoring device driving permits, restricted | ||||||
| 16 | driving permits, identification cards, disabled parking | ||||||
| 17 | placards and decals, and vehicle registrations that were issued | ||||||
| 18 | with expiration dates on or after January 1, 2020. If as of May | ||||||
| 19 | 1, 2021, there remains in effect a proclamation issued by the | ||||||
| 20 | Governor of the State of Illinois declaring a statewide | ||||||
| 21 | disaster in response to the outbreak of COVID-19, the Secretary | ||||||
| 22 | may further extend such expiration dates until no later than | ||||||
| 23 | December 31, 2021. Upon the Governor of the State of Illinois | ||||||
| 24 | issuing a statewide disaster proclamation based on a health | ||||||
| 25 | pandemic or similar emergency, the Secretary may extend for the | ||||||
| |||||||
| |||||||
| 1 | duration of the proclaimed disaster and for up to a period of | ||||||
| 2 | 120 days beyond the expiration of the disaster proclamation: | ||||||
| 3 | (1) the expiration dates of driver's licenses, driving | ||||||
| 4 | permits, identification cards, disabled parking placards | ||||||
| 5 | and decals, and vehicle registrations; and | ||||||
| 6 | (2) the expiration dates of professional licenses, | ||||||
| 7 | registrations, certifications and commissions issued by | ||||||
| 8 | the Secretary, including but not limited to, vehicle | ||||||
| 9 | dealership licenses, commercial driver training school | ||||||
| 10 | licenses, and securities, broker and investment adviser | ||||||
| 11 | registrations. | ||||||
| 12 | After the initial 120-day extension, the Secretary may | ||||||
| 13 | adopt subsequent 30-day extensions only upon a determination | ||||||
| 14 | that circumstances necessitate additional extensions. The | ||||||
| 15 | Secretary must adopt any subsequent 30-day extension prior to | ||||||
| 16 | the previous lapsing. | ||||||
| 17 | (a-5) During the period of any extensions implemented | ||||||
| 18 | pursuant to this Section, all driver's licenses, driving | ||||||
| 19 | permits, monitoring device driving permits, restricted driving | ||||||
| 20 | permits, identification cards, disabled parking placards and | ||||||
| 21 | decals, and vehicle registrations shall be subject to any terms | ||||||
| 22 | and conditions under which the original document was issued. | ||||||
| 23 | (b) To provide for the expeditious and timely | ||||||
| 24 | implementation of this amendatory Act of the 101st General | ||||||
| 25 | Assembly, any emergency rules to implement the extension | ||||||
| 26 | provisions of this Section must be adopted by the Secretary of | ||||||
| |||||||
| |||||||
| 1 | State, subject to the provisions of Section 5-45 of the | ||||||
| 2 | Illinois Administrative Procedure Act. Any such rule shall: | ||||||
| 3 | (1) (blank); identify the disaster proclamation | ||||||
| 4 | authorizing the rulemaking; | ||||||
| 5 | (2) set forth the expirations being extended (for | ||||||
| 6 | example, "this extension shall apply to all driver's | ||||||
| 7 | licenses, driving permits, monitoring device driving | ||||||
| 8 | permits, restricted driving permits, identification cards, | ||||||
| 9 | disabled parking placards and decals, and vehicle | ||||||
| 10 | registrations expiring on [date] through [date]"); and | ||||||
| 11 | (3) set forth the date on which the extension period | ||||||
| 12 | becomes effective, and the date on which the extension will | ||||||
| 13 | terminate if not extended by subsequent emergency | ||||||
| 14 | rulemaking. | ||||||
| 15 | (c) Where the renewal of any driver's license, driving | ||||||
| 16 | permit, monitoring device driving permit, restricted driving | ||||||
| 17 | permit, identification card, disabled parking placard or | ||||||
| 18 | decal, or vehicle registration, or professional license, | ||||||
| 19 | registration, certification or commission has been extended | ||||||
| 20 | pursuant to this Section, it shall be renewed during the period | ||||||
| 21 | of an extension. Any such renewal shall be from the original | ||||||
| 22 | expiration date and shall be subject to the full fee which | ||||||
| 23 | would have been due had the renewal been issued based on the | ||||||
| 24 | original expiration date, except that no late filing fees or | ||||||
| 25 | penalties shall be imposed. | ||||||
| 26 | (d) All law enforcement agencies in the State of Illinois | ||||||
| |||||||
| |||||||
| 1 | and all State and local governmental entities shall recognize | ||||||
| 2 | the validity of, and give full legal force to, extensions | ||||||
| 3 | granted pursuant to this Section. | ||||||
| 4 | (e) Upon the request of any person or entity whose driver's | ||||||
| 5 | license, driving permit, monitoring device driving permit, | ||||||
| 6 | restricted driving permit, identification card, disabled | ||||||
| 7 | parking placard or decal, or vehicle registration, or | ||||||
| 8 | professional license, registration, certification or | ||||||
| 9 | commission has been subject to an extension under this Section, | ||||||
| 10 | the Secretary shall issue a statement verifying the extension | ||||||
| 11 | was issued pursuant to Illinois law, and requesting any foreign | ||||||
| 12 | jurisdiction to honor the extension. | ||||||
| 13 | (f) This Section is repealed on January 1, 2022 June 30, | ||||||
| 14 | 2021.
| ||||||
| 15 | (Source: P.A. 101-640, eff. 6-12-20.)
| ||||||
| 16 | Section 90-20. The Department of Commerce and Economic | ||||||
| 17 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
| 18 | amended by changing Section 605-1047 and by adding Section | ||||||
| 19 | 605-1045.1 as follows:
| ||||||
| 20 | (20 ILCS 605/605-1045.1 new) | ||||||
| 21 | Sec. 605-1045.1. Restore Illinois Collaborative | ||||||
| 22 | Commission. The General Assembly finds and declares that this | ||||||
| 23 | amendatory Act of the 101st General Assembly manifests the | ||||||
| 24 | intention of the General Assembly to extend the repeal of | ||||||
| |||||||
| |||||||
| 1 | Section 605-1045. Section 605-1045 as enacted and reenacted in | ||||||
| 2 | this Section shall be deemed to have been in continuous effect | ||||||
| 3 | since June 12, 2020 and it shall continue to be in effect | ||||||
| 4 | henceforward until it is otherwise lawfully repealed. All | ||||||
| 5 | previously enacted amendments to this Section taking effect on | ||||||
| 6 | or after June 12, 2020, are hereby validated. All actions taken | ||||||
| 7 | in reliance on the continuing effect of Section 605-1045 by any | ||||||
| 8 | person or entity are hereby validated. In order to ensure the | ||||||
| 9 | continuing effectiveness of this Section, it is set forth in | ||||||
| 10 | full and reenacted by this amendatory Act of the 101st General | ||||||
| 11 | Assembly. This reenactment is intended as a continuation of | ||||||
| 12 | this Section. It is not intended to supersede any amendment to | ||||||
| 13 | this Section that is enacted by the 101st General Assembly. | ||||||
| 14 | (a) The General Assembly hereby finds and declares that the | ||||||
| 15 | State is confronted with a public health crisis that has | ||||||
| 16 | created unprecedented challenges for the State's diverse | ||||||
| 17 | economic base. In light of this crisis, and the heightened need | ||||||
| 18 | for collaboration between the legislative and executive | ||||||
| 19 | branches, the General Assembly hereby establishes the Restore | ||||||
| 20 | Illinois Collaborative Commission. The members of the | ||||||
| 21 | Commission will participate in and provide input on plans to | ||||||
| 22 | revive the various sectors of the State's economy in the wake | ||||||
| 23 | of the COVID-19 pandemic. | ||||||
| 24 | (b) The Department may request meetings be convened to | ||||||
| 25 | address revitalization efforts for the various sectors of the | ||||||
| 26 | State's economy. Such meetings may include public | ||||||
| |||||||
| |||||||
| 1 | participation as determined by the Commission. | ||||||
| 2 | (c) The Department shall provide a written report to the | ||||||
| 3 | commission and the General Assembly not less than every 30 days | ||||||
| 4 | regarding the status of current and proposed revitalization | ||||||
| 5 | efforts. The written report shall include applicable metrics | ||||||
| 6 | that demonstrate progress on recovery efforts, as well as any | ||||||
| 7 | additional information as requested by the Commission. The | ||||||
| 8 | first report shall be delivered by July 1, 2020. The report to | ||||||
| 9 | the General Assembly shall be delivered to all members, in | ||||||
| 10 | addition to complying with the requirements of Section 3.1 of | ||||||
| 11 | the General Assembly Organization Act. | ||||||
| 12 | (d) The Restore Illinois Collaborative Commission shall | ||||||
| 13 | consist of 14 members, appointed as follows: | ||||||
| 14 | (1) four members of the House of Representatives | ||||||
| 15 | appointed by the Speaker of the House of Representatives; | ||||||
| 16 | (2) four members of the Senate appointed by the Senate | ||||||
| 17 | President; | ||||||
| 18 | (3) three members of the House of Representatives | ||||||
| 19 | appointed by the Minority Leader of the House of | ||||||
| 20 | Representatives; and | ||||||
| 21 | (4) three members of the Senate appointed by the Senate | ||||||
| 22 | Minority Leader. | ||||||
| 23 | (e) The Speaker of the House of Representatives and the | ||||||
| 24 | Senate President shall each appoint one member of the | ||||||
| 25 | Commission to serve as a Co-Chair. The Co-Chairs may convene | ||||||
| 26 | meetings of the Commission. The members of the Commission shall | ||||||
| |||||||
| |||||||
| 1 | serve without compensation. | ||||||
| 2 | (f) This Section is repealed January 1, 2023.
| ||||||
| 3 | (20 ILCS 605/605-1047) | ||||||
| 4 | Sec. 605-1047 605-1045. Local Coronavirus Urgent | ||||||
| 5 | Remediation Emergency (or Local CURE) Support Program. | ||||||
| 6 | (a) Purpose. The Department may receive, directly or | ||||||
| 7 | indirectly, federal funds from the Coronavirus Relief Fund | ||||||
| 8 | provided to the State pursuant to Section 5001 of the federal | ||||||
| 9 | Coronavirus Aid, Relief, and Economic Security (CARES) Act to | ||||||
| 10 | provide financial support to units of local government for | ||||||
| 11 | purposes authorized by Section 5001 of the federal Coronavirus | ||||||
| 12 | Aid, Relief, and Economic Security (CARES) Act and related | ||||||
| 13 | federal guidance. Upon receipt of such funds, and | ||||||
| 14 | appropriations for their use, the Department shall administer a | ||||||
| 15 | Local Coronavirus Urgent Remediation Emergency (or Local CURE) | ||||||
| 16 | Support Program to provide financial support to units of local | ||||||
| 17 | government that have incurred necessary expenditures due to the | ||||||
| 18 | COVID-19 public health emergency. The Department shall provide | ||||||
| 19 | by rule the administrative framework for the Local CURE Support | ||||||
| 20 | Program. | ||||||
| 21 | (b) Allocations. A portion of the funds appropriated for | ||||||
| 22 | the Local CURE Support Program may be allotted to | ||||||
| 23 | municipalities and counties based on proportionate population. | ||||||
| 24 | Units of local government, or portions thereof, located within | ||||||
| 25 | the five Illinois counties that received direct allotments from | ||||||
| |||||||
| |||||||
| 1 | the federal Coronavirus Relief Fund will not be included in the | ||||||
| 2 | support program allotments. The Department may establish other | ||||||
| 3 | administrative procedures for providing financial support to | ||||||
| 4 | units of local government. Appropriated funds may be used for | ||||||
| 5 | administration of the support program, including the hiring of | ||||||
| 6 | a service provider to assist with coordination and | ||||||
| 7 | administration. | ||||||
| 8 | (c) Administrative Procedures. The Department may | ||||||
| 9 | establish administrative procedures for the support program, | ||||||
| 10 | including any application procedures, grant agreements, | ||||||
| 11 | certifications, payment methodologies, and other | ||||||
| 12 | accountability measures that may be imposed upon recipients of | ||||||
| 13 | funds under the grant program. Financial support may be | ||||||
| 14 | provided in the form of grants or in the form of expense | ||||||
| 15 | reimbursements for disaster-related expenditures. The | ||||||
| 16 | emergency rulemaking process may be used to promulgate the | ||||||
| 17 | initial rules of the grant program. | ||||||
| 18 | (d) Definitions. As used in this Section: | ||||||
| 19 | (1) "COVID-19" means the novel coronavirus virus | ||||||
| 20 | disease deemed COVID-19 by the World Health Organization on | ||||||
| 21 | February 11, 2020. | ||||||
| 22 | (2) "Local government" or "unit of local government" | ||||||
| 23 | means any unit of local government as defined in Article | ||||||
| 24 | VII, Section 1 of the Illinois Constitution. | ||||||
| 25 | (3) "Third party administrator" means a service | ||||||
| 26 | provider selected by the Department to provide operational | ||||||
| |||||||
| |||||||
| 1 | assistance with the administration of the support program. | ||||||
| 2 | (e) Powers of the Department. The Department has the power | ||||||
| 3 | to: | ||||||
| 4 | (1) Provide financial support to eligible units of | ||||||
| 5 | local government with funds appropriated from the Local | ||||||
| 6 | Coronavirus Urgent Remediation Emergency (Local CURE) Fund | ||||||
| 7 | to cover necessary costs incurred due to the COVID-19 | ||||||
| 8 | public health emergency that are eligible to be paid using | ||||||
| 9 | federal funds from the Coronavirus Relief Fund. | ||||||
| 10 | (2) Enter into agreements, accept funds, issue grants | ||||||
| 11 | or expense reimbursements, and engage in cooperation with | ||||||
| 12 | agencies of the federal government and units of local | ||||||
| 13 | governments to carry out the purposes of this support | ||||||
| 14 | program, and to use funds appropriated from the Local | ||||||
| 15 | Coronavirus Urgent Remediation Emergency (Local CURE) Fund | ||||||
| 16 | fund upon such terms and conditions as may be established | ||||||
| 17 | by the federal government and the Department. | ||||||
| 18 | (3) Enter into agreements with third-party | ||||||
| 19 | administrators to assist the state with operational | ||||||
| 20 | assistance and administrative functions related to review | ||||||
| 21 | of documentation and processing of financial support | ||||||
| 22 | payments to units of local government. | ||||||
| 23 | (4) Establish applications, notifications, contracts, | ||||||
| 24 | and procedures and adopt rules deemed necessary and | ||||||
| 25 | appropriate to carry out the provisions of this Section. To | ||||||
| 26 | provide for the expeditious and timely implementation of | ||||||
| |||||||
| |||||||
| 1 | this Act, emergency rules to implement any provision of | ||||||
| 2 | this Section may be adopted by the Department subject to | ||||||
| 3 | the provisions of Section 5-45 of the Illinois | ||||||
| 4 | Administrative Procedure Act. | ||||||
| 5 | (5) Provide staff, administration, and related support | ||||||
| 6 | required to manage the support program and pay for the | ||||||
| 7 | staffing, administration, and related support with funds | ||||||
| 8 | appropriated from the Local Coronavirus Urgent Remediation | ||||||
| 9 | Emergency (Local CURE) Fund. | ||||||
| 10 | (6) Exercise such other powers as are necessary or | ||||||
| 11 | incidental to the foregoing. | ||||||
| 12 | (f) Local CURE Financial Support to Local Governments.
The | ||||||
| 13 | Department is authorized to provide financial support to | ||||||
| 14 | eligible units of local government including, but not limited | ||||||
| 15 | to, certified local health departments for necessary costs | ||||||
| 16 | incurred due to the COVID-19 public health emergency that are | ||||||
| 17 | eligible to be paid using federal funds from the Coronavirus | ||||||
| 18 | Relief Fund. | ||||||
| 19 | (1) Financial support funds may be used by a unit of | ||||||
| 20 | local government only for payment of costs permitted to be | ||||||
| 21 | covered with monies from the Coronavirus Relief Fund | ||||||
| 22 | pursuant to Section 601(d)(3) of the Social Security Act, | ||||||
| 23 | as amended, or any other federal law that: (i) are | ||||||
| 24 | necessary expenditures incurred due to the public health | ||||||
| 25 | emergency of COVID-19; (ii) were not accounted for in the | ||||||
| 26 | most recent budget approved as of March 27, 2020 for the | ||||||
| |||||||
| |||||||
| 1 | unit of local government; and (iii) were incurred between | ||||||
| 2 | March 1, 2020 and December 30, 2020. | ||||||
| 3 | (2) A unit of local government receiving financial | ||||||
| 4 | support funds under this program shall certify to the | ||||||
| 5 | Department that it shall use the funds in accordance with | ||||||
| 6 | the requirements of paragraph (1) and that any funds | ||||||
| 7 | received but not used for such purposes shall be repaid to | ||||||
| 8 | the Department. | ||||||
| 9 | (3) The Department shall make the determination to | ||||||
| 10 | provide financial support funds to a unit of local | ||||||
| 11 | government on the basis of criteria established by the | ||||||
| 12 | Department.
| ||||||
| 13 | (Source: P.A. 101-636, eff. 6-10-20; revised 8-3-20.)
| ||||||
| 14 | Section 90-25. The General Assembly Organization Act is | ||||||
| 15 | amended by changing Section 1 as follows:
| ||||||
| 16 | (25 ILCS 5/1) (from Ch. 63, par. 1)
| ||||||
| 17 | Sec. 1.
(a) The That the sessions of the General Assembly | ||||||
| 18 | shall
be held at the seat of government: Provided, that the | ||||||
| 19 | Governor may convene
the General Assembly at some other place | ||||||
| 20 | when it is necessary, in case of
pestilence or public danger. | ||||||
| 21 | (b) In times of pestilence or an emergency resulting from | ||||||
| 22 | the effects of enemy attack or threatened enemy attack, members | ||||||
| 23 | may participate remotely and cast votes in sessions, by joint | ||||||
| 24 | proclamation of the Speaker of the House of Representatives and | ||||||
| |||||||
| |||||||
| 1 | the President of the Senate, and committees of either the House | ||||||
| 2 | of Representatives or Senate may participate remotely pursuant | ||||||
| 3 | to the rules of the chamber. The House of Representatives and | ||||||
| 4 | the Senate shall adopt rules for remote participation. The | ||||||
| 5 | rules of the chamber may require that a quorum of the members | ||||||
| 6 | is physically present at the location of the session or the | ||||||
| 7 | committee meeting. As used in this Section, "participate | ||||||
| 8 | remotely" means simultaneous, interactive participation in | ||||||
| 9 | session or committee meeting by members not physically present, | ||||||
| 10 | through means of communication technologies designed to | ||||||
| 11 | accommodate and facilitate such simultaneous, interactive | ||||||
| 12 | participation and where members of the public may view such | ||||||
| 13 | meetings or sessions. This subsection (b) is inoperative on and | ||||||
| 14 | after June 1, 2022.
| ||||||
| 15 | (Source: R.S. 1874, p. 555.)
| ||||||
| 16 | Section 90-30. The Legislative Commission Reorganization | ||||||
| 17 | Act of 1984 is amended by changing Section 1-5 as follows:
| ||||||
| 18 | (25 ILCS 130/1-5) (from Ch. 63, par. 1001-5) | ||||||
| 19 | Sec. 1-5. Composition of agencies; directors.
| ||||||
| 20 | (a)
The Boards of the Joint Committee on Administrative | ||||||
| 21 | Rules, the Commission on Government Forecasting and | ||||||
| 22 | Accountability, and the Legislative Audit Commission Committee | ||||||
| 23 | shall each
consist of 12 members of the General Assembly, of | ||||||
| 24 | whom 3 shall be appointed by
the President of the Senate, 3 | ||||||
| |||||||
| |||||||
| 1 | shall be appointed by the Minority Leader of the
Senate, 3 | ||||||
| 2 | shall be appointed by the Speaker of the House of | ||||||
| 3 | Representatives,
and 3 shall be appointed by the Minority | ||||||
| 4 | Leader of the House of
Representatives. All appointments shall | ||||||
| 5 | be in writing and filed with the
Secretary of State as a public | ||||||
| 6 | record.
| ||||||
| 7 | Members shall serve a 2-year term, and must be appointed by
| ||||||
| 8 | the Joint
Committee during the month of January in each | ||||||
| 9 | odd-numbered year for terms
beginning February 1. Any vacancy | ||||||
| 10 | in an Agency shall be filled by appointment
for the balance of | ||||||
| 11 | the term in the same manner as the original appointment. A
| ||||||
| 12 | vacancy shall exist when a member no longer holds the elected | ||||||
| 13 | legislative
office held at the time of the appointment or at | ||||||
| 14 | the termination of the
member's legislative service.
| ||||||
| 15 | During the month of February of each odd-numbered year, the | ||||||
| 16 | Joint Committee on Legislative Support Services shall select | ||||||
| 17 | from the members of the Board of each Agency 2 co-chairpersons | ||||||
| 18 | and such other officers as the Joint Committee deems necessary. | ||||||
| 19 | The co-chairpersons of each Board shall serve for a 2-year | ||||||
| 20 | term, beginning February 1 of the odd-numbered year, and the 2 | ||||||
| 21 | co-chairpersons shall not be members of or identified with the | ||||||
| 22 | same house or the same political party. | ||||||
| 23 | Each Board shall meet twice annually or more often upon the | ||||||
| 24 | call of the chair or any 9 members. A quorum of the Board shall | ||||||
| 25 | consist of a majority of the appointed members. | ||||||
| 26 | Notwithstanding any other provision of law, in times of | ||||||
| |||||||
| |||||||
| 1 | pestilence or an emergency resulting from the effects of enemy | ||||||
| 2 | attack or threatened enemy attack, by agreement of the | ||||||
| 3 | co-chairs of the respective Board, members of a Board under | ||||||
| 4 | this subsection may participate remotely and cast votes in a | ||||||
| 5 | hearing. Each Board shall adopt rules for remote participation. | ||||||
| 6 | As used in this Section, "participate remotely" means | ||||||
| 7 | simultaneous, interactive participation in Board meetings by | ||||||
| 8 | members not physically present, through means of communication | ||||||
| 9 | technologies designed to accommodate and facilitate such | ||||||
| 10 | simultaneous, interactive participation and where members of | ||||||
| 11 | the public may view such meetings. | ||||||
| 12 | (b) The Board of each of the following legislative support | ||||||
| 13 | agencies shall consist of the Secretary and Assistant Secretary | ||||||
| 14 | of the Senate and the Clerk and Assistant Clerk of the House of | ||||||
| 15 | Representatives: the Legislative Information System, the | ||||||
| 16 | Legislative Printing Unit, the Legislative Reference Bureau, | ||||||
| 17 | and the Office of the Architect of the Capitol. The | ||||||
| 18 | co-chairpersons of the Board of the Office of the Architect of | ||||||
| 19 | the Capitol shall be the Secretary of the Senate and the Clerk | ||||||
| 20 | of the House of Representatives, each ex officio.
| ||||||
| 21 | The Chairperson of each of the other Boards shall be the | ||||||
| 22 | member who is affiliated with the same caucus as the then | ||||||
| 23 | serving Chairperson of the Joint Committee on Legislative | ||||||
| 24 | Support Services. Each Board shall meet twice annually or more | ||||||
| 25 | often upon the call of the chair or any 3 members. A quorum of | ||||||
| 26 | the Board shall consist of a majority of the appointed members. | ||||||
| |||||||
| |||||||
| 1 | When the Board of the Office of the Architect of the | ||||||
| 2 | Capitol has cast a tied vote concerning the design, | ||||||
| 3 | implementation, or construction of a project within the | ||||||
| 4 | legislative complex, as defined in Section 8A-15, the Architect | ||||||
| 5 | of the Capitol may cast the tie-breaking vote. | ||||||
| 6 | (c) (Blank).
| ||||||
| 7 | (d) Members of each Agency shall serve without | ||||||
| 8 | compensation, but shall be
reimbursed for expenses incurred in | ||||||
| 9 | carrying out the duties of the Agency
pursuant to rules and | ||||||
| 10 | regulations adopted by the Joint Committee on
Legislative | ||||||
| 11 | Support Services.
| ||||||
| 12 | (e) Beginning February 1, 1985, and every 2 years | ||||||
| 13 | thereafter,
the Joint
Committee shall select an Executive | ||||||
| 14 | Director who shall be the chief
executive officer and staff | ||||||
| 15 | director of each Agency. The Executive Director
shall receive a | ||||||
| 16 | salary as fixed by the Joint Committee and shall be authorized
| ||||||
| 17 | to employ and fix the compensation of necessary professional, | ||||||
| 18 | technical
and secretarial staff and prescribe their duties, | ||||||
| 19 | sign contracts, and issue
vouchers for the payment of | ||||||
| 20 | obligations pursuant to rules and regulations
adopted by the | ||||||
| 21 | Joint Committee on Legislative Support Services. The
Executive | ||||||
| 22 | Director and other employees of the Agency shall not be subject
| ||||||
| 23 | to the Personnel Code.
| ||||||
| 24 | The executive director of the Office of the Architect of | ||||||
| 25 | the Capitol shall
be known as the Architect of the Capitol.
| ||||||
| 26 | (Source: P.A. 100-1148, eff. 12-10-18.)
| ||||||
| |||||||
| |||||||
| 1 | Section 90-35. The Property Tax Code is amended by changing | ||||||
| 2 | Sections 15-168, 15-169, and 15-172 as follows:
| ||||||
| 3 | (35 ILCS 200/15-168) | ||||||
| 4 | Sec. 15-168. Homestead exemption for persons with | ||||||
| 5 | disabilities. | ||||||
| 6 | (a) Beginning with taxable year 2007, an
annual homestead | ||||||
| 7 | exemption is granted to persons with disabilities in
the amount | ||||||
| 8 | of $2,000, except as provided in subsection (c), to
be deducted | ||||||
| 9 | from the property's value as equalized or assessed
by the | ||||||
| 10 | Department of Revenue. The person with a disability shall | ||||||
| 11 | receive
the homestead exemption upon meeting the following
| ||||||
| 12 | requirements: | ||||||
| 13 | (1) The property must be occupied as the primary | ||||||
| 14 | residence by the person with a disability. | ||||||
| 15 | (2) The person with a disability must be liable for | ||||||
| 16 | paying the
real estate taxes on the property. | ||||||
| 17 | (3) The person with a disability must be an owner of | ||||||
| 18 | record of
the property or have a legal or equitable | ||||||
| 19 | interest in the
property as evidenced by a written | ||||||
| 20 | instrument. In the case
of a leasehold interest in | ||||||
| 21 | property, the lease must be for
a single family residence. | ||||||
| 22 | A person who has a disability during the taxable year
is | ||||||
| 23 | eligible to apply for this homestead exemption during that
| ||||||
| 24 | taxable year. Application must be made during the
application | ||||||
| |||||||
| |||||||
| 1 | period in effect for the county of residence. If a
homestead | ||||||
| 2 | exemption has been granted under this Section and the
person | ||||||
| 3 | awarded the exemption subsequently becomes a resident of
a | ||||||
| 4 | facility licensed under the Nursing Home Care Act, the | ||||||
| 5 | Specialized Mental Health Rehabilitation Act of 2013, the ID/DD | ||||||
| 6 | Community Care Act, or the MC/DD Act, then the
exemption shall | ||||||
| 7 | continue (i) so long as the residence continues
to be occupied | ||||||
| 8 | by the qualifying person's spouse or (ii) if the
residence | ||||||
| 9 | remains unoccupied but is still owned by the person
qualified | ||||||
| 10 | for the homestead exemption. | ||||||
| 11 | (b) For the purposes of this Section, "person with a | ||||||
| 12 | disability"
means a person unable to engage in any substantial | ||||||
| 13 | gainful activity by reason of a medically determinable physical | ||||||
| 14 | or mental impairment which can be expected to result in death | ||||||
| 15 | or has lasted or can be expected to last for a continuous | ||||||
| 16 | period of not less than 12 months. Persons with disabilities | ||||||
| 17 | filing claims under this Act shall submit proof of disability | ||||||
| 18 | in such form and manner as the Department shall by rule and | ||||||
| 19 | regulation prescribe. Proof that a claimant is eligible to | ||||||
| 20 | receive disability benefits under the Federal Social Security | ||||||
| 21 | Act shall constitute proof of disability for purposes of this | ||||||
| 22 | Act. Issuance of an Illinois Person with a Disability | ||||||
| 23 | Identification Card stating that the claimant is under a Class | ||||||
| 24 | 2 disability, as defined in Section 4A of the Illinois | ||||||
| 25 | Identification Card Act, shall constitute proof that the person | ||||||
| 26 | named thereon is a person with a disability for purposes of | ||||||
| |||||||
| |||||||
| 1 | this Act. A person with a disability not covered under the | ||||||
| 2 | Federal Social Security Act and not presenting an Illinois | ||||||
| 3 | Person with a Disability Identification Card stating that the | ||||||
| 4 | claimant is under a Class 2 disability shall be examined by a | ||||||
| 5 | physician, advanced practice registered nurse, or physician | ||||||
| 6 | assistant designated by the Department, and his status as a | ||||||
| 7 | person with a disability determined using the same standards as | ||||||
| 8 | used by the Social Security Administration. The costs of any | ||||||
| 9 | required examination shall be borne by the claimant. | ||||||
| 10 | (c) For land improved with (i) an apartment building owned
| ||||||
| 11 | and operated as a cooperative or (ii) a life care facility as
| ||||||
| 12 | defined under Section 2 of the Life Care Facilities Act that is
| ||||||
| 13 | considered to be a cooperative, the maximum reduction from the
| ||||||
| 14 | value of the property, as equalized or assessed by the
| ||||||
| 15 | Department, shall be multiplied by the number of apartments or
| ||||||
| 16 | units occupied by a person with a disability. The person with a | ||||||
| 17 | disability shall
receive the homestead exemption upon meeting | ||||||
| 18 | the following
requirements: | ||||||
| 19 | (1) The property must be occupied as the primary | ||||||
| 20 | residence by the
person with a disability. | ||||||
| 21 | (2) The person with a disability must be liable by | ||||||
| 22 | contract with
the owner or owners of record for paying the | ||||||
| 23 | apportioned
property taxes on the property of the | ||||||
| 24 | cooperative or life
care facility. In the case of a life | ||||||
| 25 | care facility, the
person with a disability must be liable | ||||||
| 26 | for paying the apportioned
property taxes under a life care | ||||||
| |||||||
| |||||||
| 1 | contract as defined in Section 2 of the Life Care | ||||||
| 2 | Facilities Act. | ||||||
| 3 | (3) The person with a disability must be an owner of | ||||||
| 4 | record of a
legal or equitable interest in the cooperative | ||||||
| 5 | apartment
building. A leasehold interest does not meet this
| ||||||
| 6 | requirement.
| ||||||
| 7 | If a homestead exemption is granted under this subsection, the
| ||||||
| 8 | cooperative association or management firm shall credit the
| ||||||
| 9 | savings resulting from the exemption to the apportioned tax
| ||||||
| 10 | liability of the qualifying person with a disability. The chief | ||||||
| 11 | county
assessment officer may request reasonable proof that the
| ||||||
| 12 | association or firm has properly credited the exemption. A
| ||||||
| 13 | person who willfully refuses to credit an exemption to the
| ||||||
| 14 | qualified person with a disability is guilty of a Class B | ||||||
| 15 | misdemeanor.
| ||||||
| 16 | (d) The chief county assessment officer shall determine the
| ||||||
| 17 | eligibility of property to receive the homestead exemption
| ||||||
| 18 | according to guidelines established by the Department. After a
| ||||||
| 19 | person has received an exemption under this Section, an annual
| ||||||
| 20 | verification of eligibility for the exemption shall be mailed
| ||||||
| 21 | to the taxpayer. | ||||||
| 22 | In counties with fewer than 3,000,000 inhabitants, the | ||||||
| 23 | chief county assessment officer shall provide to each
person | ||||||
| 24 | granted a homestead exemption under this Section a form
to | ||||||
| 25 | designate any other person to receive a duplicate of any
notice | ||||||
| 26 | of delinquency in the payment of taxes assessed and
levied | ||||||
| |||||||
| |||||||
| 1 | under this Code on the person's qualifying property. The
| ||||||
| 2 | duplicate notice shall be in addition to the notice required to
| ||||||
| 3 | be provided to the person receiving the exemption and shall be | ||||||
| 4 | given in the manner required by this Code. The person filing
| ||||||
| 5 | the request for the duplicate notice shall pay an
| ||||||
| 6 | administrative fee of $5 to the chief county assessment
| ||||||
| 7 | officer. The assessment officer shall then file the executed
| ||||||
| 8 | designation with the county collector, who shall issue the
| ||||||
| 9 | duplicate notices as indicated by the designation. A
| ||||||
| 10 | designation may be rescinded by the person with a disability in | ||||||
| 11 | the
manner required by the chief county assessment officer. | ||||||
| 12 | (d-5) Notwithstanding any other provision of law, each | ||||||
| 13 | chief county assessment officer may approve this exemption for | ||||||
| 14 | the 2020 and 2021 taxable years year, without application, for | ||||||
| 15 | any property that was approved for this exemption for the 2019 | ||||||
| 16 | taxable year, provided that: | ||||||
| 17 | (1) the county board has declared a local disaster as | ||||||
| 18 | provided in the Illinois Emergency Management Agency Act | ||||||
| 19 | related to the COVID-19 public health emergency; | ||||||
| 20 | (2) the owner of record of the property as of January 1 | ||||||
| 21 | of the taxable year January 1, 2020 is the same as the | ||||||
| 22 | owner of record of the property as of January 1, 2019; | ||||||
| 23 | (3) the exemption for the 2019 taxable year has not | ||||||
| 24 | been determined to be an erroneous exemption as defined by | ||||||
| 25 | this Code; and | ||||||
| 26 | (4) the applicant for the 2019 taxable year has not | ||||||
| |||||||
| |||||||
| 1 | asked for the exemption to be removed for the 2019, or | ||||||
| 2 | 2020, or 2021 taxable years. | ||||||
| 3 | (e) A taxpayer who claims an exemption under Section 15-165 | ||||||
| 4 | or 15-169 may not claim an exemption under this Section.
| ||||||
| 5 | (Source: P.A. 100-513, eff. 1-1-18; 101-635, eff. 6-5-20.)
| ||||||
| 6 | (35 ILCS 200/15-169) | ||||||
| 7 | Sec. 15-169. Homestead exemption for veterans with | ||||||
| 8 | disabilities. | ||||||
| 9 | (a) Beginning with taxable year 2007, an annual homestead | ||||||
| 10 | exemption, limited to the amounts set forth in subsections (b) | ||||||
| 11 | and (b-3), is granted for property that is used as a qualified | ||||||
| 12 | residence by a veteran with a disability. | ||||||
| 13 | (b) For taxable years prior to 2015, the amount of the | ||||||
| 14 | exemption under this Section is as follows: | ||||||
| 15 | (1) for veterans with a service-connected disability | ||||||
| 16 | of at least (i) 75% for exemptions granted in taxable years | ||||||
| 17 | 2007 through 2009 and (ii) 70% for exemptions granted in | ||||||
| 18 | taxable year 2010 and each taxable year thereafter, as | ||||||
| 19 | certified by the United States Department of Veterans | ||||||
| 20 | Affairs, the annual exemption is $5,000; and | ||||||
| 21 | (2) for veterans with a service-connected disability | ||||||
| 22 | of at least 50%, but less than (i) 75% for exemptions | ||||||
| 23 | granted in taxable years 2007 through 2009 and (ii) 70% for | ||||||
| 24 | exemptions granted in taxable year 2010 and each taxable | ||||||
| 25 | year thereafter, as certified by the United States | ||||||
| |||||||
| |||||||
| 1 | Department of Veterans Affairs, the annual exemption is | ||||||
| 2 | $2,500. | ||||||
| 3 | (b-3) For taxable years 2015 and thereafter: | ||||||
| 4 | (1) if the veteran has a service connected disability | ||||||
| 5 | of 30% or more but less than 50%, as certified by the | ||||||
| 6 | United States Department of Veterans Affairs, then the | ||||||
| 7 | annual exemption is $2,500; | ||||||
| 8 | (2) if the veteran has a service connected disability | ||||||
| 9 | of 50% or more but less than 70%, as certified by the | ||||||
| 10 | United States Department of Veterans Affairs, then the | ||||||
| 11 | annual exemption is $5,000; and | ||||||
| 12 | (3) if the veteran has a service connected disability | ||||||
| 13 | of 70% or more, as certified by the United States | ||||||
| 14 | Department of Veterans Affairs, then the property is exempt | ||||||
| 15 | from taxation under this Code. | ||||||
| 16 | (b-5) If a homestead exemption is granted under this | ||||||
| 17 | Section and the person awarded the exemption subsequently | ||||||
| 18 | becomes a resident of a facility licensed under the Nursing | ||||||
| 19 | Home Care Act or a facility operated by the United States | ||||||
| 20 | Department of Veterans Affairs, then the exemption shall | ||||||
| 21 | continue (i) so long as the residence continues to be occupied | ||||||
| 22 | by the qualifying person's spouse or (ii) if the residence | ||||||
| 23 | remains unoccupied but is still owned by the person who | ||||||
| 24 | qualified for the homestead exemption. | ||||||
| 25 | (c) The tax exemption under this Section carries over to | ||||||
| 26 | the benefit of the veteran's
surviving spouse as long as the | ||||||
| |||||||
| |||||||
| 1 | spouse holds the legal or
beneficial title to the homestead, | ||||||
| 2 | permanently resides
thereon, and does not remarry. If the | ||||||
| 3 | surviving spouse sells
the property, an exemption not to exceed | ||||||
| 4 | the amount granted
from the most recent ad valorem tax roll may | ||||||
| 5 | be transferred to
his or her new residence as long as it is | ||||||
| 6 | used as his or her
primary residence and he or she does not | ||||||
| 7 | remarry. | ||||||
| 8 | (c-1) Beginning with taxable year 2015, nothing in this | ||||||
| 9 | Section shall require the veteran to have qualified for or | ||||||
| 10 | obtained the exemption before death if the veteran was killed | ||||||
| 11 | in the line of duty. | ||||||
| 12 | (d) The exemption under this Section applies for taxable | ||||||
| 13 | year 2007 and thereafter. A taxpayer who claims an exemption | ||||||
| 14 | under Section 15-165 or 15-168 may not claim an exemption under | ||||||
| 15 | this Section. | ||||||
| 16 | (e) Each taxpayer who has been granted an exemption under | ||||||
| 17 | this Section must reapply on an annual basis. Application must | ||||||
| 18 | be made during the application period
in effect for the county | ||||||
| 19 | of his or her residence. The assessor
or chief county | ||||||
| 20 | assessment officer may determine the
eligibility of | ||||||
| 21 | residential property to receive the homestead
exemption | ||||||
| 22 | provided by this Section by application, visual
inspection, | ||||||
| 23 | questionnaire, or other reasonable methods. The
determination | ||||||
| 24 | must be made in accordance with guidelines
established by the | ||||||
| 25 | Department. | ||||||
| 26 | (e-1) If the person qualifying for the exemption does not | ||||||
| |||||||
| |||||||
| 1 | occupy the qualified residence as of January 1 of the taxable | ||||||
| 2 | year, the exemption granted under this Section shall be | ||||||
| 3 | prorated on a monthly basis. The prorated exemption shall apply | ||||||
| 4 | beginning with the first complete month in which the person | ||||||
| 5 | occupies the qualified residence. | ||||||
| 6 | (e-5) Notwithstanding any other provision of law, each | ||||||
| 7 | chief county assessment officer may approve this exemption for | ||||||
| 8 | the 2020 and 2021 taxable years year, without application, for | ||||||
| 9 | any property that was approved for this exemption for the 2019 | ||||||
| 10 | taxable year, provided that: | ||||||
| 11 | (1) the county board has declared a local disaster as | ||||||
| 12 | provided in the Illinois Emergency Management Agency Act | ||||||
| 13 | related to the COVID-19 public health emergency; | ||||||
| 14 | (2) the owner of record of the property as of January 1 | ||||||
| 15 | of the taxable year January 1, 2020 is the same as the | ||||||
| 16 | owner of record of the property as of January 1, 2019; | ||||||
| 17 | (3) the exemption for the 2019 taxable year has not | ||||||
| 18 | been determined to be an erroneous exemption as defined by | ||||||
| 19 | this Code; and | ||||||
| 20 | (4) the applicant for the 2019 taxable year has not | ||||||
| 21 | asked for the exemption to be removed for the 2019, or | ||||||
| 22 | 2020, or 2021 taxable years. | ||||||
| 23 | Nothing in this subsection shall preclude a veteran whose | ||||||
| 24 | service connected disability rating has changed since the 2019 | ||||||
| 25 | exemption was granted from applying for the exemption based on | ||||||
| 26 | the subsequent service connected disability rating. | ||||||
| |||||||
| |||||||
| 1 | (f) For the purposes of this Section: | ||||||
| 2 | "Qualified residence" means real
property, but less any | ||||||
| 3 | portion of that property that is used for
commercial purposes, | ||||||
| 4 | with an equalized assessed value of less than $250,000 that is | ||||||
| 5 | the primary residence of a veteran with a disability. Property | ||||||
| 6 | rented for more than 6 months is
presumed to be used for | ||||||
| 7 | commercial purposes. | ||||||
| 8 | "Veteran" means an Illinois resident who has served as a
| ||||||
| 9 | member of the United States Armed Forces on active duty or
| ||||||
| 10 | State active duty, a member of the Illinois National Guard, or
| ||||||
| 11 | a member of the United States Reserve Forces and who has | ||||||
| 12 | received an honorable discharge. | ||||||
| 13 | (Source: P.A. 100-869, eff. 8-14-18; 101-635, eff. 6-5-20.)
| ||||||
| 14 | (35 ILCS 200/15-172)
| ||||||
| 15 | Sec. 15-172. Senior Citizens Assessment Freeze Homestead | ||||||
| 16 | Exemption.
| ||||||
| 17 | (a) This Section may be cited as the Senior Citizens | ||||||
| 18 | Assessment
Freeze Homestead Exemption.
| ||||||
| 19 | (b) As used in this Section:
| ||||||
| 20 | "Applicant" means an individual who has filed an | ||||||
| 21 | application under this
Section.
| ||||||
| 22 | "Base amount" means the base year equalized assessed value | ||||||
| 23 | of the residence
plus the first year's equalized assessed value | ||||||
| 24 | of any added improvements which
increased the assessed value of | ||||||
| 25 | the residence after the base year.
| ||||||
| |||||||
| |||||||
| 1 | "Base year" means the taxable year prior to the taxable | ||||||
| 2 | year for which the
applicant first qualifies and applies for | ||||||
| 3 | the exemption provided that in the
prior taxable year the | ||||||
| 4 | property was improved with a permanent structure that
was | ||||||
| 5 | occupied as a residence by the applicant who was liable for | ||||||
| 6 | paying real
property taxes on the property and who was either | ||||||
| 7 | (i) an owner of record of the
property or had legal or | ||||||
| 8 | equitable interest in the property as evidenced by a
written | ||||||
| 9 | instrument or (ii) had a legal or equitable interest as a | ||||||
| 10 | lessee in the
parcel of property that was single family | ||||||
| 11 | residence.
If in any subsequent taxable year for which the | ||||||
| 12 | applicant applies and
qualifies for the exemption the equalized | ||||||
| 13 | assessed value of the residence is
less than the equalized | ||||||
| 14 | assessed value in the existing base year
(provided that such | ||||||
| 15 | equalized assessed value is not
based
on an
assessed value that | ||||||
| 16 | results from a temporary irregularity in the property that
| ||||||
| 17 | reduces the
assessed value for one or more taxable years), then | ||||||
| 18 | that
subsequent taxable year shall become the base year until a | ||||||
| 19 | new base year is
established under the terms of this paragraph. | ||||||
| 20 | For taxable year 1999 only, the
Chief County Assessment Officer | ||||||
| 21 | shall review (i) all taxable years for which
the
applicant | ||||||
| 22 | applied and qualified for the exemption and (ii) the existing | ||||||
| 23 | base
year.
The assessment officer shall select as the new base | ||||||
| 24 | year the year with the
lowest equalized assessed value.
An | ||||||
| 25 | equalized assessed value that is based on an assessed value | ||||||
| 26 | that results
from a
temporary irregularity in the property that | ||||||
| |||||||
| |||||||
| 1 | reduces the assessed value for one
or more
taxable years shall | ||||||
| 2 | not be considered the lowest equalized assessed value.
The | ||||||
| 3 | selected year shall be the base year for
taxable year 1999 and | ||||||
| 4 | thereafter until a new base year is established under the
terms | ||||||
| 5 | of this paragraph.
| ||||||
| 6 | "Chief County Assessment Officer" means the County | ||||||
| 7 | Assessor or Supervisor of
Assessments of the county in which | ||||||
| 8 | the property is located.
| ||||||
| 9 | "Equalized assessed value" means the assessed value as | ||||||
| 10 | equalized by the
Illinois Department of Revenue.
| ||||||
| 11 | "Household" means the applicant, the spouse of the | ||||||
| 12 | applicant, and all persons
using the residence of the applicant | ||||||
| 13 | as their principal place of residence.
| ||||||
| 14 | "Household income" means the combined income of the members | ||||||
| 15 | of a household
for the calendar year preceding the taxable | ||||||
| 16 | year.
| ||||||
| 17 | "Income" has the same meaning as provided in Section 3.07 | ||||||
| 18 | of the Senior
Citizens and Persons with Disabilities Property | ||||||
| 19 | Tax Relief
Act, except that, beginning in assessment year 2001, | ||||||
| 20 | "income" does not
include veteran's benefits.
| ||||||
| 21 | "Internal Revenue Code of 1986" means the United States | ||||||
| 22 | Internal Revenue Code
of 1986 or any successor law or laws | ||||||
| 23 | relating to federal income taxes in effect
for the year | ||||||
| 24 | preceding the taxable year.
| ||||||
| 25 | "Life care facility that qualifies as a cooperative" means | ||||||
| 26 | a facility as
defined in Section 2 of the Life Care Facilities | ||||||
| |||||||
| |||||||
| 1 | Act.
| ||||||
| 2 | "Maximum income limitation" means: | ||||||
| 3 | (1) $35,000 prior
to taxable year 1999; | ||||||
| 4 | (2) $40,000 in taxable years 1999 through 2003; | ||||||
| 5 | (3) $45,000 in taxable years 2004 through 2005; | ||||||
| 6 | (4) $50,000 in taxable years 2006 and 2007; | ||||||
| 7 | (5) $55,000 in taxable years 2008 through 2016;
| ||||||
| 8 | (6) for taxable year 2017, (i) $65,000 for qualified | ||||||
| 9 | property located in a county with 3,000,000 or more | ||||||
| 10 | inhabitants and (ii) $55,000 for qualified property | ||||||
| 11 | located in a county with fewer than 3,000,000 inhabitants; | ||||||
| 12 | and | ||||||
| 13 | (7) for taxable years 2018 and thereafter, $65,000 for | ||||||
| 14 | all qualified property. | ||||||
| 15 | "Residence" means the principal dwelling place and | ||||||
| 16 | appurtenant structures
used for residential purposes in this | ||||||
| 17 | State occupied on January 1 of the
taxable year by a household | ||||||
| 18 | and so much of the surrounding land, constituting
the parcel | ||||||
| 19 | upon which the dwelling place is situated, as is used for
| ||||||
| 20 | residential purposes. If the Chief County Assessment Officer | ||||||
| 21 | has established a
specific legal description for a portion of | ||||||
| 22 | property constituting the
residence, then that portion of | ||||||
| 23 | property shall be deemed the residence for the
purposes of this | ||||||
| 24 | Section.
| ||||||
| 25 | "Taxable year" means the calendar year during which ad | ||||||
| 26 | valorem property taxes
payable in the next succeeding year are | ||||||
| |||||||
| |||||||
| 1 | levied.
| ||||||
| 2 | (c) Beginning in taxable year 1994, a senior citizens | ||||||
| 3 | assessment freeze
homestead exemption is granted for real | ||||||
| 4 | property that is improved with a
permanent structure that is | ||||||
| 5 | occupied as a residence by an applicant who (i) is
65 years of | ||||||
| 6 | age or older during the taxable year, (ii) has a household | ||||||
| 7 | income that does not exceed the maximum income limitation, | ||||||
| 8 | (iii) is liable for paying real property taxes on
the
property, | ||||||
| 9 | and (iv) is an owner of record of the property or has a legal or
| ||||||
| 10 | equitable interest in the property as evidenced by a written | ||||||
| 11 | instrument. This
homestead exemption shall also apply to a | ||||||
| 12 | leasehold interest in a parcel of
property improved with a | ||||||
| 13 | permanent structure that is a single family residence
that is | ||||||
| 14 | occupied as a residence by a person who (i) is 65 years of age | ||||||
| 15 | or older
during the taxable year, (ii) has a household income | ||||||
| 16 | that does not exceed the maximum income limitation,
(iii)
has a | ||||||
| 17 | legal or equitable ownership interest in the property as | ||||||
| 18 | lessee, and (iv)
is liable for the payment of real property | ||||||
| 19 | taxes on that property.
| ||||||
| 20 | In counties of 3,000,000 or more inhabitants, the amount of | ||||||
| 21 | the exemption for all taxable years is the equalized assessed | ||||||
| 22 | value of the
residence in the taxable year for which | ||||||
| 23 | application is made minus the base
amount. In all other | ||||||
| 24 | counties, the amount of the exemption is as follows: (i) | ||||||
| 25 | through taxable year 2005 and for taxable year 2007 and | ||||||
| 26 | thereafter, the amount of this exemption shall be the equalized | ||||||
| |||||||
| |||||||
| 1 | assessed value of the
residence in the taxable year for which | ||||||
| 2 | application is made minus the base
amount; and (ii) for
taxable | ||||||
| 3 | year 2006, the amount of the exemption is as follows:
| ||||||
| 4 | (1) For an applicant who has a household income of | ||||||
| 5 | $45,000 or less, the amount of the exemption is the | ||||||
| 6 | equalized assessed value of the
residence in the taxable | ||||||
| 7 | year for which application is made minus the base
amount. | ||||||
| 8 | (2) For an applicant who has a household income | ||||||
| 9 | exceeding $45,000 but not exceeding $46,250, the amount of | ||||||
| 10 | the exemption is (i) the equalized assessed value of the
| ||||||
| 11 | residence in the taxable year for which application is made | ||||||
| 12 | minus the base
amount (ii) multiplied by 0.8. | ||||||
| 13 | (3) For an applicant who has a household income | ||||||
| 14 | exceeding $46,250 but not exceeding $47,500, the amount of | ||||||
| 15 | the exemption is (i) the equalized assessed value of the
| ||||||
| 16 | residence in the taxable year for which application is made | ||||||
| 17 | minus the base
amount (ii) multiplied by 0.6. | ||||||
| 18 | (4) For an applicant who has a household income | ||||||
| 19 | exceeding $47,500 but not exceeding $48,750, the amount of | ||||||
| 20 | the exemption is (i) the equalized assessed value of the
| ||||||
| 21 | residence in the taxable year for which application is made | ||||||
| 22 | minus the base
amount (ii) multiplied by 0.4. | ||||||
| 23 | (5) For an applicant who has a household income | ||||||
| 24 | exceeding $48,750 but not exceeding $50,000, the amount of | ||||||
| 25 | the exemption is (i) the equalized assessed value of the
| ||||||
| 26 | residence in the taxable year for which application is made | ||||||
| |||||||
| |||||||
| 1 | minus the base
amount (ii) multiplied by 0.2.
| ||||||
| 2 | When the applicant is a surviving spouse of an applicant | ||||||
| 3 | for a prior year for
the same residence for which an exemption | ||||||
| 4 | under this Section has been granted,
the base year and base | ||||||
| 5 | amount for that residence are the same as for the
applicant for | ||||||
| 6 | the prior year.
| ||||||
| 7 | Each year at the time the assessment books are certified to | ||||||
| 8 | the County Clerk,
the Board of Review or Board of Appeals shall | ||||||
| 9 | give to the County Clerk a list
of the assessed values of | ||||||
| 10 | improvements on each parcel qualifying for this
exemption that | ||||||
| 11 | were added after the base year for this parcel and that
| ||||||
| 12 | increased the assessed value of the property.
| ||||||
| 13 | In the case of land improved with an apartment building | ||||||
| 14 | owned and operated as
a cooperative or a building that is a | ||||||
| 15 | life care facility that qualifies as a
cooperative, the maximum | ||||||
| 16 | reduction from the equalized assessed value of the
property is | ||||||
| 17 | limited to the sum of the reductions calculated for each unit
| ||||||
| 18 | occupied as a residence by a person or persons (i) 65 years of | ||||||
| 19 | age or older, (ii) with a
household income that does not exceed | ||||||
| 20 | the maximum income limitation, (iii) who is liable, by contract | ||||||
| 21 | with the
owner
or owners of record, for paying real property | ||||||
| 22 | taxes on the property, and (iv) who is
an owner of record of a | ||||||
| 23 | legal or equitable interest in the cooperative
apartment | ||||||
| 24 | building, other than a leasehold interest. In the instance of a
| ||||||
| 25 | cooperative where a homestead exemption has been granted under | ||||||
| 26 | this Section,
the cooperative association or its management | ||||||
| |||||||
| |||||||
| 1 | firm shall credit the savings
resulting from that exemption | ||||||
| 2 | only to the apportioned tax liability of the
owner who | ||||||
| 3 | qualified for the exemption. Any person who willfully refuses | ||||||
| 4 | to
credit that savings to an owner who qualifies for the | ||||||
| 5 | exemption is guilty of a
Class B misdemeanor.
| ||||||
| 6 | When a homestead exemption has been granted under this | ||||||
| 7 | Section and an
applicant then becomes a resident of a facility | ||||||
| 8 | licensed under the Assisted Living and Shared Housing Act, the | ||||||
| 9 | Nursing Home
Care Act, the Specialized Mental Health | ||||||
| 10 | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||||||
| 11 | the MC/DD Act, the exemption shall be granted in subsequent | ||||||
| 12 | years so long as the
residence (i) continues to be occupied by | ||||||
| 13 | the qualified applicant's spouse or
(ii) if remaining | ||||||
| 14 | unoccupied, is still owned by the qualified applicant for the
| ||||||
| 15 | homestead exemption.
| ||||||
| 16 | Beginning January 1, 1997, when an individual dies who | ||||||
| 17 | would have qualified
for an exemption under this Section, and | ||||||
| 18 | the surviving spouse does not
independently qualify for this | ||||||
| 19 | exemption because of age, the exemption under
this Section | ||||||
| 20 | shall be granted to the surviving spouse for the taxable year
| ||||||
| 21 | preceding and the taxable
year of the death, provided that, | ||||||
| 22 | except for age, the surviving spouse meets
all
other | ||||||
| 23 | qualifications for the granting of this exemption for those | ||||||
| 24 | years.
| ||||||
| 25 | When married persons maintain separate residences, the | ||||||
| 26 | exemption provided for
in this Section may be claimed by only | ||||||
| |||||||
| |||||||
| 1 | one of such persons and for only one
residence.
| ||||||
| 2 | For taxable year 1994 only, in counties having less than | ||||||
| 3 | 3,000,000
inhabitants, to receive the exemption, a person shall | ||||||
| 4 | submit an application by
February 15, 1995 to the Chief County | ||||||
| 5 | Assessment Officer
of the county in which the property is | ||||||
| 6 | located. In counties having 3,000,000
or more inhabitants, for | ||||||
| 7 | taxable year 1994 and all subsequent taxable years, to
receive | ||||||
| 8 | the exemption, a person
may submit an application to the Chief | ||||||
| 9 | County
Assessment Officer of the county in which the property | ||||||
| 10 | is located during such
period as may be specified by the Chief | ||||||
| 11 | County Assessment Officer. The Chief
County Assessment Officer | ||||||
| 12 | in counties of 3,000,000 or more inhabitants shall
annually | ||||||
| 13 | give notice of the application period by mail or by | ||||||
| 14 | publication. In
counties having less than 3,000,000 | ||||||
| 15 | inhabitants, beginning with taxable year
1995 and thereafter, | ||||||
| 16 | to receive the exemption, a person
shall
submit an
application | ||||||
| 17 | by July 1 of each taxable year to the Chief County Assessment
| ||||||
| 18 | Officer of the county in which the property is located. A | ||||||
| 19 | county may, by
ordinance, establish a date for submission of | ||||||
| 20 | applications that is
different than
July 1.
The applicant shall | ||||||
| 21 | submit with the
application an affidavit of the applicant's | ||||||
| 22 | total household income, age,
marital status (and if married the | ||||||
| 23 | name and address of the applicant's spouse,
if known), and | ||||||
| 24 | principal dwelling place of members of the household on January
| ||||||
| 25 | 1 of the taxable year. The Department shall establish, by rule, | ||||||
| 26 | a method for
verifying the accuracy of affidavits filed by | ||||||
| |||||||
| |||||||
| 1 | applicants under this Section, and the Chief County Assessment | ||||||
| 2 | Officer may conduct audits of any taxpayer claiming an | ||||||
| 3 | exemption under this Section to verify that the taxpayer is | ||||||
| 4 | eligible to receive the exemption. Each application shall | ||||||
| 5 | contain or be verified by a written declaration that it is made | ||||||
| 6 | under the penalties of perjury. A taxpayer's signing a | ||||||
| 7 | fraudulent application under this Act is perjury, as defined in | ||||||
| 8 | Section 32-2 of the Criminal Code of 2012.
The applications | ||||||
| 9 | shall be clearly marked as applications for the Senior
Citizens | ||||||
| 10 | Assessment Freeze Homestead Exemption and must contain a notice | ||||||
| 11 | that any taxpayer who receives the exemption is subject to an | ||||||
| 12 | audit by the Chief County Assessment Officer.
| ||||||
| 13 | Notwithstanding any other provision to the contrary, in | ||||||
| 14 | counties having fewer
than 3,000,000 inhabitants, if an | ||||||
| 15 | applicant fails
to file the application required by this | ||||||
| 16 | Section in a timely manner and this
failure to file is due to a | ||||||
| 17 | mental or physical condition sufficiently severe so
as to | ||||||
| 18 | render the applicant incapable of filing the application in a | ||||||
| 19 | timely
manner, the Chief County Assessment Officer may extend | ||||||
| 20 | the filing deadline for
a period of 30 days after the applicant | ||||||
| 21 | regains the capability to file the
application, but in no case | ||||||
| 22 | may the filing deadline be extended beyond 3
months of the | ||||||
| 23 | original filing deadline. In order to receive the extension
| ||||||
| 24 | provided in this paragraph, the applicant shall provide the | ||||||
| 25 | Chief County
Assessment Officer with a signed statement from | ||||||
| 26 | the applicant's physician, advanced practice registered nurse, | ||||||
| |||||||
| |||||||
| 1 | or physician assistant
stating the nature and extent of the | ||||||
| 2 | condition, that, in the
physician's, advanced practice | ||||||
| 3 | registered nurse's, or physician assistant's opinion, the | ||||||
| 4 | condition was so severe that it rendered the applicant
| ||||||
| 5 | incapable of filing the application in a timely manner, and the | ||||||
| 6 | date on which
the applicant regained the capability to file the | ||||||
| 7 | application.
| ||||||
| 8 | Beginning January 1, 1998, notwithstanding any other | ||||||
| 9 | provision to the
contrary, in counties having fewer than | ||||||
| 10 | 3,000,000 inhabitants, if an applicant
fails to file the | ||||||
| 11 | application required by this Section in a timely manner and
| ||||||
| 12 | this failure to file is due to a mental or physical condition | ||||||
| 13 | sufficiently
severe so as to render the applicant incapable of | ||||||
| 14 | filing the application in a
timely manner, the Chief County | ||||||
| 15 | Assessment Officer may extend the filing
deadline for a period | ||||||
| 16 | of 3 months. In order to receive the extension provided
in this | ||||||
| 17 | paragraph, the applicant shall provide the Chief County | ||||||
| 18 | Assessment
Officer with a signed statement from the applicant's | ||||||
| 19 | physician, advanced practice registered nurse, or physician | ||||||
| 20 | assistant stating the
nature and extent of the condition, and | ||||||
| 21 | that, in the physician's, advanced practice registered | ||||||
| 22 | nurse's, or physician assistant's opinion, the
condition was so | ||||||
| 23 | severe that it rendered the applicant incapable of filing the
| ||||||
| 24 | application in a timely manner.
| ||||||
| 25 | In counties having less than 3,000,000 inhabitants, if an | ||||||
| 26 | applicant was
denied an exemption in taxable year 1994 and the | ||||||
| |||||||
| |||||||
| 1 | denial occurred due to an
error on the part of an assessment
| ||||||
| 2 | official, or his or her agent or employee, then beginning in | ||||||
| 3 | taxable year 1997
the
applicant's base year, for purposes of | ||||||
| 4 | determining the amount of the exemption,
shall be 1993 rather | ||||||
| 5 | than 1994. In addition, in taxable year 1997, the
applicant's | ||||||
| 6 | exemption shall also include an amount equal to (i) the amount | ||||||
| 7 | of
any exemption denied to the applicant in taxable year 1995 | ||||||
| 8 | as a result of using
1994, rather than 1993, as the base year, | ||||||
| 9 | (ii) the amount of any exemption
denied to the applicant in | ||||||
| 10 | taxable year 1996 as a result of using 1994, rather
than 1993, | ||||||
| 11 | as the base year, and (iii) the amount of the exemption | ||||||
| 12 | erroneously
denied for taxable year 1994.
| ||||||
| 13 | For purposes of this Section, a person who will be 65 years | ||||||
| 14 | of age during the
current taxable year shall be eligible to | ||||||
| 15 | apply for the homestead exemption
during that taxable year. | ||||||
| 16 | Application shall be made during the application
period in | ||||||
| 17 | effect for the county of his or her residence.
| ||||||
| 18 | The Chief County Assessment Officer may determine the | ||||||
| 19 | eligibility of a life
care facility that qualifies as a | ||||||
| 20 | cooperative to receive the benefits
provided by this Section by | ||||||
| 21 | use of an affidavit, application, visual
inspection, | ||||||
| 22 | questionnaire, or other reasonable method in order to insure | ||||||
| 23 | that
the tax savings resulting from the exemption are credited | ||||||
| 24 | by the management
firm to the apportioned tax liability of each | ||||||
| 25 | qualifying resident. The Chief
County Assessment Officer may | ||||||
| 26 | request reasonable proof that the management firm
has so | ||||||
| |||||||
| |||||||
| 1 | credited that exemption.
| ||||||
| 2 | Except as provided in this Section, all information | ||||||
| 3 | received by the chief
county assessment officer or the | ||||||
| 4 | Department from applications filed under this
Section, or from | ||||||
| 5 | any investigation conducted under the provisions of this
| ||||||
| 6 | Section, shall be confidential, except for official purposes or
| ||||||
| 7 | pursuant to official procedures for collection of any State or | ||||||
| 8 | local tax or
enforcement of any civil or criminal penalty or | ||||||
| 9 | sanction imposed by this Act or
by any statute or ordinance | ||||||
| 10 | imposing a State or local tax. Any person who
divulges any such | ||||||
| 11 | information in any manner, except in accordance with a proper
| ||||||
| 12 | judicial order, is guilty of a Class A misdemeanor.
| ||||||
| 13 | Nothing contained in this Section shall prevent the | ||||||
| 14 | Director or chief county
assessment officer from publishing or | ||||||
| 15 | making available reasonable statistics
concerning the | ||||||
| 16 | operation of the exemption contained in this Section in which
| ||||||
| 17 | the contents of claims are grouped into aggregates in such a | ||||||
| 18 | way that
information contained in any individual claim shall | ||||||
| 19 | not be disclosed. | ||||||
| 20 | Notwithstanding any other provision of law, for taxable | ||||||
| 21 | year 2017 and thereafter, in counties of 3,000,000 or more | ||||||
| 22 | inhabitants, the amount of the exemption shall be the greater | ||||||
| 23 | of (i) the amount of the exemption otherwise calculated under | ||||||
| 24 | this Section or (ii) $2,000.
| ||||||
| 25 | (c-5) Notwithstanding any other provision of law, each | ||||||
| 26 | chief county assessment officer may approve this exemption for | ||||||
| |||||||
| |||||||
| 1 | the 2020 and 2021 taxable years year, without application, for | ||||||
| 2 | any property that was approved for this exemption for the 2019 | ||||||
| 3 | taxable year, provided that: | ||||||
| 4 | (1) the county board has declared a local disaster as | ||||||
| 5 | provided in the Illinois Emergency Management Agency Act | ||||||
| 6 | related to the COVID-19 public health emergency; | ||||||
| 7 | (2) the owner of record of the property as of January 1 | ||||||
| 8 | of the taxable year January 1, 2020 is the same as the | ||||||
| 9 | owner of record of the property as of January 1, 2019; | ||||||
| 10 | (3) the exemption for the 2019 taxable year has not | ||||||
| 11 | been determined to be an erroneous exemption as defined by | ||||||
| 12 | this Code; and | ||||||
| 13 | (4) the applicant for the 2019 taxable year has not | ||||||
| 14 | asked for the exemption to be removed for the 2019, or | ||||||
| 15 | 2020, or 2021 taxable years. | ||||||
| 16 | Nothing in this subsection shall preclude or impair the | ||||||
| 17 | authority of a chief county assessment officer to conduct | ||||||
| 18 | audits of any taxpayer claiming an exemption under this Section | ||||||
| 19 | to verify that the taxpayer is eligible to receive the | ||||||
| 20 | exemption as provided elsewhere in this Section. | ||||||
| 21 | (d) Each Chief County Assessment Officer shall annually | ||||||
| 22 | publish a notice
of availability of the exemption provided | ||||||
| 23 | under this Section. The notice
shall be published at least 60 | ||||||
| 24 | days but no more than 75 days prior to the date
on which the | ||||||
| 25 | application must be submitted to the Chief County Assessment
| ||||||
| 26 | Officer of the county in which the property is located. The | ||||||
| |||||||
| |||||||
| 1 | notice shall
appear in a newspaper of general circulation in | ||||||
| 2 | the county.
| ||||||
| 3 | Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||||||
| 4 | no reimbursement by the State is required for the | ||||||
| 5 | implementation of any mandate created by this Section.
| ||||||
| 6 | (Source: P.A. 100-401, eff. 8-25-17; 100-513, eff. 1-1-18; | ||||||
| 7 | 100-863, eff. 8-14-18; 101-635, eff. 6-5-20.)
| ||||||
| 8 | Section 90-40. The Park District Code is amended by | ||||||
| 9 | changing Section 8-50 as follows:
| ||||||
| 10 | (70 ILCS 1205/8-50) | ||||||
| 11 | Sec. 8-50. Definitions. For the purposes of Sections 8-50 | ||||||
| 12 | through 8-57, the following terms shall have the following | ||||||
| 13 | meanings, unless the context requires a different meaning: | ||||||
| 14 | "Delivery system" means the design and construction | ||||||
| 15 | approach used to develop and construct a project. | ||||||
| 16 | "Design-bid-build" means the traditional delivery system | ||||||
| 17 | used on public projects that incorporates the Local Government | ||||||
| 18 | Professional Services Selection Act and the principles of | ||||||
| 19 | competitive selection. | ||||||
| 20 | "Design-build" means a delivery system that provides | ||||||
| 21 | responsibility within a single contract for the furnishing of | ||||||
| 22 | architecture, engineering, land surveying, and related | ||||||
| 23 | services as required, and the labor, materials, equipment, and | ||||||
| 24 | other construction services for the project. | ||||||
| |||||||
| |||||||
| 1 | "Design-build contract" means a contract for a public | ||||||
| 2 | project under this Act between any park district and a | ||||||
| 3 | design-build entity to furnish architecture, engineering, land | ||||||
| 4 | surveying, landscape architecture, and related services as | ||||||
| 5 | required, and to furnish the labor, materials, equipment, and | ||||||
| 6 | other construction services for the project. The design-build | ||||||
| 7 | contract may be conditioned upon subsequent refinements in | ||||||
| 8 | scope and price and may allow the park district to make | ||||||
| 9 | modifications in the project scope without invalidating the | ||||||
| 10 | design-build contract. | ||||||
| 11 | "Design-build entity" means any individual, sole | ||||||
| 12 | proprietorship, firm, partnership, joint venture, corporation, | ||||||
| 13 | professional corporation, or other entity that proposes to | ||||||
| 14 | design and construct any public project under this Act. A | ||||||
| 15 | design-build entity and associated design-build professionals | ||||||
| 16 | shall conduct themselves in accordance with the laws of this | ||||||
| 17 | State and the related provisions of the Illinois Administrative | ||||||
| 18 | Code, as referenced by the licensed design professionals Acts | ||||||
| 19 | of this State. | ||||||
| 20 | "Design professional" means any individual, sole | ||||||
| 21 | proprietorship, firm, partnership, joint venture, corporation, | ||||||
| 22 | professional corporation, or other entity that offers services | ||||||
| 23 | under the Illinois Architecture Practice Act of 1989, the | ||||||
| 24 | Professional Engineering Practice Act of 1989, the Structural | ||||||
| 25 | Engineering Practice Act of 1989, or the Illinois Professional | ||||||
| 26 | Land Surveyor Act of 1989. | ||||||
| |||||||
| |||||||
| 1 | "Evaluation criteria" means the requirements for the | ||||||
| 2 | separate phases of the selection process for design-build | ||||||
| 3 | proposals as defined in this Act and may include the | ||||||
| 4 | specialized experience, technical qualifications and | ||||||
| 5 | competence, capacity to perform, past performance, experience | ||||||
| 6 | with similar projects, assignment of personnel to the project, | ||||||
| 7 | and other appropriate factors. Price may not be used as a | ||||||
| 8 | factor in the evaluation of Phase I proposals. | ||||||
| 9 | "Landscape architect design professional" means any | ||||||
| 10 | person, sole proprietorship, or entity including, but not | ||||||
| 11 | limited to, a partnership, professional service corporation, | ||||||
| 12 | or corporation that offers services under the Landscape | ||||||
| 13 | Architecture Registration Act Illinois Landscape Architecture | ||||||
| 14 | Act of 1989. | ||||||
| 15 | "Proposal" means the offer to enter into a design-build | ||||||
| 16 | contract as submitted by a design-build entity in accordance | ||||||
| 17 | with this Act. | ||||||
| 18 | "Request for proposal" means the document used by the park | ||||||
| 19 | district to solicit proposals for a design-build contract. | ||||||
| 20 | "Scope and performance criteria" means the requirements | ||||||
| 21 | for the public project, including, but not limited to: the | ||||||
| 22 | intended usage, capacity, size, scope, quality, and | ||||||
| 23 | performance standards; life-cycle costs; and other | ||||||
| 24 | programmatic criteria that are expressed in performance | ||||||
| 25 | oriented and quantifiable specifications and drawings that can | ||||||
| 26 | be reasonably inferred and are suited to allow a design-build | ||||||
| |||||||
| |||||||
| 1 | entity to develop a proposal.
| ||||||
| 2 | (Source: P.A. 97-349, eff. 8-12-11.)
| ||||||
| 3 | Section 90-45. The Chicago Park District Act is amended by | ||||||
| 4 | changing Section 26.10-4 as follows:
| ||||||
| 5 | (70 ILCS 1505/26.10-4) | ||||||
| 6 | Sec. 26.10-4. Definitions. The following terms, whenever | ||||||
| 7 | used or referred to in this Act, have the following meaning | ||||||
| 8 | unless the context requires a different meaning: | ||||||
| 9 | "Delivery system" means the design and construction | ||||||
| 10 | approach used to develop and construct a project. | ||||||
| 11 | "Design-bid-build" means the traditional delivery system | ||||||
| 12 | used on public
projects that incorporates the Local Government | ||||||
| 13 | Professional Services Selection Act (50 ILCS 510/) and the
| ||||||
| 14 | principles of competitive selection.
| ||||||
| 15 | "Design-build" means a delivery system that provides | ||||||
| 16 | responsibility within a
single contract for the furnishing of | ||||||
| 17 | architecture, engineering, land surveying
and related services | ||||||
| 18 | as required, and the labor, materials, equipment, and
other | ||||||
| 19 | construction services for the project.
| ||||||
| 20 | "Design-build contract" means a contract for a public | ||||||
| 21 | project under this Act
between the Chicago Park District and a | ||||||
| 22 | design-build entity to furnish
architecture,
engineering, land | ||||||
| 23 | surveying, landscape architecture, and related services as | ||||||
| 24 | required, and to furnish
the labor, materials, equipment, and | ||||||
| |||||||
| |||||||
| 1 | other construction services for the
project. The design-build | ||||||
| 2 | contract may be conditioned upon subsequent
refinements in | ||||||
| 3 | scope and price and may allow the Chicago Park District to
make
| ||||||
| 4 | modifications in the project scope without invalidating the | ||||||
| 5 | design-build
contract.
| ||||||
| 6 | "Design-build entity" means any individual, sole | ||||||
| 7 | proprietorship, firm,
partnership, joint venture, corporation, | ||||||
| 8 | professional corporation, or other
entity that proposes to | ||||||
| 9 | design and construct any public project under this Act.
A | ||||||
| 10 | design-build entity and associated design-build professionals | ||||||
| 11 | shall conduct themselves in accordance with the laws of this | ||||||
| 12 | State and the related provisions of the Illinois Administrative | ||||||
| 13 | Code, as referenced by the licensed design professionals Acts | ||||||
| 14 | of this State.
| ||||||
| 15 | "Design professional" means any individual, sole | ||||||
| 16 | proprietorship, firm,
partnership, joint venture, corporation, | ||||||
| 17 | professional corporation, or other
entity that offers services | ||||||
| 18 | under the Illinois Architecture Practice Act of
1989 (225 ILCS | ||||||
| 19 | 305/), the Professional Engineering Practice Act of 1989 (225
| ||||||
| 20 | ILCS 325/),
the Structural Engineering Practice Act of 1989 | ||||||
| 21 | (225 ILCS 340/), or the
Illinois Professional
Land Surveyor Act | ||||||
| 22 | of 1989 (225 ILCS 330/).
| ||||||
| 23 | "Landscape architect design professional" means any | ||||||
| 24 | person, sole proprietorship, or entity such as a partnership, | ||||||
| 25 | professional service corporation, or corporation that offers | ||||||
| 26 | services under the Landscape Architecture Registration Act | ||||||
| |||||||
| |||||||
| 1 | Illinois Landscape Architecture Act of 1989. | ||||||
| 2 | "Evaluation criteria" means the requirements for the | ||||||
| 3 | separate phases of the
selection process for design-build | ||||||
| 4 | proposals as defined in this Act and may include the | ||||||
| 5 | specialized
experience, technical qualifications and | ||||||
| 6 | competence, capacity to perform, past
performance, experience | ||||||
| 7 | with similar projects, assignment of personnel to the
project, | ||||||
| 8 | and other appropriate factors. Price may not be used as a | ||||||
| 9 | factor in
the evaluation of Phase I proposals.
| ||||||
| 10 | "Proposal" means the offer to enter into a design-build | ||||||
| 11 | contract as submitted
by a design-build entity in accordance | ||||||
| 12 | with this Act.
| ||||||
| 13 | "Request for proposal" means the document used by the | ||||||
| 14 | Chicago Park District
to solicit
proposals for a design-build | ||||||
| 15 | contract.
| ||||||
| 16 | "Scope and performance criteria" means the requirements | ||||||
| 17 | for the public
project, including but not limited to, the | ||||||
| 18 | intended usage, capacity, size,
scope, quality and performance | ||||||
| 19 | standards, life-cycle costs, and other
programmatic criteria | ||||||
| 20 | that are expressed in performance-oriented and
quantifiable | ||||||
| 21 | specifications and drawings that can be reasonably inferred and
| ||||||
| 22 | are suited to allow a design-build entity to develop a | ||||||
| 23 | proposal.
| ||||||
| 24 | "Guaranteed maximum price" means a form of contract in | ||||||
| 25 | which compensation may vary according to the scope of work | ||||||
| 26 | involved but in any case may not exceed an agreed total amount.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 96-777, eff. 8-28-09; 96-1000, eff. 7-2-10.)
| ||||||
| 2 | Section 90-50. The Illinois Library System Act is amended | ||||||
| 3 | by changing Sections 8.1 and 8.4 as follows:
| ||||||
| 4 | (75 ILCS 10/8.1) (from Ch. 81, par. 118.1)
| ||||||
| 5 | Sec. 8.1.
The State Librarian shall make grants annually
| ||||||
| 6 | under this Section to all qualified public libraries in the
| ||||||
| 7 | State from funds appropriated by the General Assembly. Such
| ||||||
| 8 | grants shall be in the amount of up to $1.475 $1.25 per capita | ||||||
| 9 | for the
population of the area served by the respective public
| ||||||
| 10 | library and, in addition, the amount of up to $0.19 per capita | ||||||
| 11 | to libraries
serving populations over 500,000 under the | ||||||
| 12 | Illinois Major Urban Library
Program. If the moneys | ||||||
| 13 | appropriated for grants under this
Section fail to meet the | ||||||
| 14 | $1.475 $1.25 and the $0.19 per capita amounts above, the | ||||||
| 15 | funding shall be decreased pro rata so that qualifying public | ||||||
| 16 | libraries receive the same amount per capita. If the moneys | ||||||
| 17 | appropriated for grants under this Section exceed the $1.475 | ||||||
| 18 | $1.25 and the $0.19 per capita amounts above, the funding shall | ||||||
| 19 | be increased pro rata so that qualifying public libraries | ||||||
| 20 | receive the same amount per capita.
| ||||||
| 21 | To be eligible for grants under this Section, a public | ||||||
| 22 | library must:
| ||||||
| 23 | (1) Provide, as determined by the State Librarian, | ||||||
| 24 | library services
which either meet or show progress toward | ||||||
| |||||||
| |||||||
| 1 | meeting the Illinois library
standards, as most recently | ||||||
| 2 | adopted by the Illinois Library Association.
| ||||||
| 3 | (2) Be a public library for which is levied a tax for
| ||||||
| 4 | library purposes at a rate not less than .13% or a county | ||||||
| 5 | library for which
is levied a tax for library purposes at a | ||||||
| 6 | rate not less than .07%.
If a library is subject to the | ||||||
| 7 | Property Tax Extension Limitation Law in the
Property Tax | ||||||
| 8 | Code and its tax levy for library purposes has been lowered | ||||||
| 9 | to a
rate of less than .13%, this requirement will be | ||||||
| 10 | waived if the library
qualified
for this grant in the | ||||||
| 11 | previous year and if the tax levied for library purposes
in | ||||||
| 12 | the current year produces tax revenue for library purposes | ||||||
| 13 | that is an
increase over the previous year's extension of | ||||||
| 14 | 5% or the percentage increase in
the Consumer Price Index, | ||||||
| 15 | whichever is less. Beginning in State Fiscal Year 2012, the | ||||||
| 16 | eligibility requirement in this subsection shall be waived | ||||||
| 17 | if a library's tax levy for library purposes has been | ||||||
| 18 | lowered to a rate of less than 0.13%, and the State | ||||||
| 19 | Librarian determines that the library (i) continues to meet | ||||||
| 20 | the requirements of item (1) of this Section and (ii) | ||||||
| 21 | received a grant under this Section in the previous fiscal | ||||||
| 22 | year.
| ||||||
| 23 | Any other language in this Section to the contrary
| ||||||
| 24 | notwithstanding, grants under this Section 8.1 shall be made
| ||||||
| 25 | only upon application of the public library concerned, which
| ||||||
| 26 | applications shall be entirely voluntary and within the sole
| ||||||
| |||||||
| |||||||
| 1 | discretion of the public library concerned.
| ||||||
| 2 | In order to be eligible for a grant under this Section, the | ||||||
| 3 | corporate
authorities, in lieu of a tax levy at a particular | ||||||
| 4 | rate, may provide
funds from other sources, an amount | ||||||
| 5 | equivalent to the amount to be produced
by that levy.
| ||||||
| 6 | (Source: P.A. 99-186, eff. 7-29-15; 99-619, eff. 7-22-16.)
| ||||||
| 7 | (75 ILCS 10/8.4) (from Ch. 81, par. 118.4)
| ||||||
| 8 | Sec. 8.4. School library grants. Beginning July 1, 1989, | ||||||
| 9 | the State
Librarian shall make grants
annually under this | ||||||
| 10 | Section to all school districts in the State for the
| ||||||
| 11 | establishment and operation of qualified school libraries, or | ||||||
| 12 | the additional
support of existing qualified school libraries, | ||||||
| 13 | from funds appropriated
by the General Assembly. Such grants | ||||||
| 14 | shall be in the amount of $0.885 $0.75 per
student as | ||||||
| 15 | determined by the official enrollment as of the previous
| ||||||
| 16 | September 30 of the respective school having a qualified school | ||||||
| 17 | library. If
the
moneys appropriated for grants under this | ||||||
| 18 | Section are not sufficient,
the State Librarian shall reduce | ||||||
| 19 | the amount of the grants as necessary; in
making these | ||||||
| 20 | reductions, the State Librarian shall endeavor to provide each
| ||||||
| 21 | school district that has a qualifying school library (i)
at | ||||||
| 22 | least the same amount per student as the district
received | ||||||
| 23 | under this Section in the preceding fiscal year, and (ii) a | ||||||
| 24 | total
grant of at least $850 $750, which, in the event of an | ||||||
| 25 | insufficient appropriation, shall not be reduced to a total | ||||||
| |||||||
| |||||||
| 1 | grant of less than $100.
| ||||||
| 2 | To qualify for grants under this Section, a school library | ||||||
| 3 | must:
| ||||||
| 4 | (1) Be an entity which serves the basic information and | ||||||
| 5 | library needs
of the school's employees and students | ||||||
| 6 | through a bibliographically
organized collection of | ||||||
| 7 | library materials, has at least one employee whose
primary | ||||||
| 8 | duty is to serve as a librarian, and has a collection | ||||||
| 9 | permanently
supported financially, accessible centrally, | ||||||
| 10 | and occupying identifiable
quarters in one principal | ||||||
| 11 | location.
| ||||||
| 12 | (2) Meet the requirements for membership in a library | ||||||
| 13 | system under the
provisions of this Act.
| ||||||
| 14 | (3) Have applied for membership in the library system | ||||||
| 15 | of jurisdiction if
the system is a multitype library system | ||||||
| 16 | under this Act.
| ||||||
| 17 | (4) Provide, as mutually determined by the Illinois | ||||||
| 18 | State Librarian and
the Illinois State Board of Education, | ||||||
| 19 | library services which either meet
or show progress toward | ||||||
| 20 | meeting the Illinois school library standards as
most | ||||||
| 21 | recently adopted by the Illinois School Library Media | ||||||
| 22 | Association.
| ||||||
| 23 | (5) Submit a statement certifying that the financial | ||||||
| 24 | support for
the school library or libraries
of the applying | ||||||
| 25 | school district has been maintained undiminished, or if
| ||||||
| 26 | diminished, the percentage of diminution of financial | ||||||
| |||||||
| |||||||
| 1 | support is no more
than the percentage of diminution of the | ||||||
| 2 | applying school's total financial
support for educational | ||||||
| 3 | and operations purposes since the submission of the
last | ||||||
| 4 | previous application of the school district for the school | ||||||
| 5 | library per
student grant that was funded.
| ||||||
| 6 | Grants under this Section shall be made only upon | ||||||
| 7 | application of the
school district for its qualified school | ||||||
| 8 | library or school libraries.
| ||||||
| 9 | (Source: P.A. 95-976, eff. 9-22-08.)
| ||||||
| 10 | Section 90-55. The Professional Geologist Licensing Act is | ||||||
| 11 | amended by changing Section 20 as follows:
| ||||||
| 12 | (225 ILCS 745/20)
| ||||||
| 13 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
| 14 | Sec. 20. Exemptions. Nothing in this Act shall be construed | ||||||
| 15 | to restrict
the use of the title "geologist" or similar words | ||||||
| 16 | by any person engaged in a
practice of geology exempted under | ||||||
| 17 | this Act, provided the person does not hold
himself or herself | ||||||
| 18 | out as being a Licensed Professional Geologist or does not
| ||||||
| 19 | practice
professional geology in a manner requiring licensure | ||||||
| 20 | under this Act.
Performance of the following activities does | ||||||
| 21 | not require licensure as a
licensed professional geologist | ||||||
| 22 | under this Act:
| ||||||
| 23 | (a) The practice of professional geology by an employee | ||||||
| 24 | or a subordinate of
a licensee under this Act, provided the | ||||||
| |||||||
| |||||||
| 1 | work does not include responsible
charge of geological work | ||||||
| 2 | and is performed under the direct
supervision of a Licensed | ||||||
| 3 | Professional Geologist who is responsible for
the work.
| ||||||
| 4 | (b) The practice of professional geology by officers | ||||||
| 5 | and employees of the
United States government within the | ||||||
| 6 | scope of their employment.
| ||||||
| 7 | (c) The practice of professional geology as geologic | ||||||
| 8 | research to advance
basic knowledge for the purpose of | ||||||
| 9 | offering scientific papers, publications, or
other | ||||||
| 10 | presentations (i) before meetings of scientific societies, | ||||||
| 11 | (ii) internal
to a
partnership, corporation, | ||||||
| 12 | proprietorship, or government agency, or (iii) for
| ||||||
| 13 | publication
in scientific journals, or in books.
| ||||||
| 14 | (d) The teaching of geology in schools, colleges, or | ||||||
| 15 | universities, as
defined by rule.
| ||||||
| 16 | (e) The practice of professional geology exclusively | ||||||
| 17 | in the exploration for
or development of energy resources | ||||||
| 18 | or base, precious and nonprecious minerals,
including | ||||||
| 19 | sand, gravel, and aggregate, that does not require, by law, | ||||||
| 20 | rule,
or ordinance, the submission of reports, documents, | ||||||
| 21 | or oral or written
testimony
to public agencies. Public | ||||||
| 22 | agencies may, by law or by rule, allow required
oral
or | ||||||
| 23 | written testimony, reports, permit applications, or other | ||||||
| 24 | documents based on
the science of geology to be submitted | ||||||
| 25 | to them by persons not licensed under
this Act. Unless | ||||||
| 26 | otherwise required by State or federal law, public agencies
| ||||||
| |||||||
| |||||||
| 1 | may not require that the geology-based aspects of | ||||||
| 2 | testimony, reports, permits,
or other documents so | ||||||
| 3 | exempted be reviewed by,
approved, or otherwise certified | ||||||
| 4 | by any person who is not a Licensed Professional Geologist. | ||||||
| 5 | Licensure is not required for the
submission and review of | ||||||
| 6 | reports or documents or the provision of oral or
written
| ||||||
| 7 | testimony made under the Well Abandonment Act, the Illinois
| ||||||
| 8 | Oil and Gas Act, the Surface Coal Mining Land Conservation | ||||||
| 9 | and Reclamation Act,
or the Surface-Mined Land | ||||||
| 10 | Conservation and Reclamation Act.
| ||||||
| 11 | (f) The practice of professional engineering as | ||||||
| 12 | defined in the Professional
Engineering Practice Act of | ||||||
| 13 | 1989.
| ||||||
| 14 | (g) The practice of structural engineering as defined | ||||||
| 15 | in the Structural
Engineering
Practice Act of 1989.
| ||||||
| 16 | (h) The practice of architecture as defined in the | ||||||
| 17 | Illinois Architecture
Practice Act of 1989.
| ||||||
| 18 | (i) The practice of land surveying as defined in the | ||||||
| 19 | Illinois Professional
Land Surveyor
Act of 1989.
| ||||||
| 20 | (j) The practice of landscape architecture as defined | ||||||
| 21 | in the Landscape Architecture Registration Act Illinois
| ||||||
| 22 | Landscape Architecture Act of 1989.
| ||||||
| 23 | (k) The practice of professional geology for a period | ||||||
| 24 | not to exceed 9 months by any person pursuing a course of | ||||||
| 25 | study leading to a degree in geology from an accredited | ||||||
| 26 | college or university, as set forth in this Act and as | ||||||
| |||||||
| |||||||
| 1 | established by rule, provided that (i) such practice | ||||||
| 2 | constitutes a part of a supervised course of study, (ii) | ||||||
| 3 | the person is under the supervision of a geologist licensed | ||||||
| 4 | under this Act or a teacher of geology at an accredited | ||||||
| 5 | college or university, and (iii) the person is designated | ||||||
| 6 | by a title that clearly indicates his or her status as a | ||||||
| 7 | student or trainee. | ||||||
| 8 | (Source: P.A. 96-666, eff. 8-25-09; 96-1327, eff. 7-27-10.)
| ||||||
| 9 | Section 90-60. The Illinois Public Aid Code is amended by | ||||||
| 10 | changing Section 5-5e.1 as follows:
| ||||||
| 11 | (305 ILCS 5/5-5e.1) | ||||||
| 12 | Sec. 5-5e.1. Safety-Net Hospitals. | ||||||
| 13 | (a) A Safety-Net Hospital is an Illinois hospital that: | ||||||
| 14 | (1) is licensed by the Department of Public Health as a | ||||||
| 15 | general acute care or pediatric hospital; and | ||||||
| 16 | (2) is a disproportionate share hospital, as described | ||||||
| 17 | in Section 1923 of the federal Social Security Act, as | ||||||
| 18 | determined by the Department; and | ||||||
| 19 | (3) meets one of the following: | ||||||
| 20 | (A) has a MIUR of at least 40% and a charity | ||||||
| 21 | percent of at least 4%; or | ||||||
| 22 | (B) has a MIUR of at least 50%. | ||||||
| 23 | (b) Definitions. As used in this Section: | ||||||
| 24 | (1) "Charity percent" means the ratio of (i) the | ||||||
| |||||||
| |||||||
| 1 | hospital's charity charges for services provided to | ||||||
| 2 | individuals without health insurance or another source of | ||||||
| 3 | third party coverage to (ii) the Illinois total hospital | ||||||
| 4 | charges, each as reported on the hospital's OBRA form. | ||||||
| 5 | (2) "MIUR" means Medicaid Inpatient Utilization Rate | ||||||
| 6 | and is defined as a fraction, the numerator of which is the | ||||||
| 7 | number of a hospital's inpatient days provided in the | ||||||
| 8 | hospital's fiscal year ending 3 years prior to the rate | ||||||
| 9 | year, to patients who, for such days, were eligible for | ||||||
| 10 | Medicaid under Title XIX of the federal Social Security | ||||||
| 11 | Act, 42 USC 1396a et seq., excluding those persons eligible | ||||||
| 12 | for medical assistance pursuant to 42 U.S.C. | ||||||
| 13 | 1396a(a)(10)(A)(i)(VIII) as set forth in paragraph 18 of | ||||||
| 14 | Section 5-2 of this Article, and the denominator of which | ||||||
| 15 | is the total number of the hospital's inpatient days in | ||||||
| 16 | that same period, excluding those persons eligible for | ||||||
| 17 | medical assistance pursuant to 42 U.S.C. | ||||||
| 18 | 1396a(a)(10)(A)(i)(VIII) as set forth in paragraph 18 of | ||||||
| 19 | Section 5-2 of this Article. | ||||||
| 20 | (3) "OBRA form" means form HFS-3834, OBRA '93 data | ||||||
| 21 | collection form, for the rate year. | ||||||
| 22 | (4) "Rate year" means the 12-month period beginning on | ||||||
| 23 | October 1. | ||||||
| 24 | (c) Beginning July 1, 2012 and ending on December 31, 2022, | ||||||
| 25 | a hospital that would have qualified for the rate year | ||||||
| 26 | beginning October 1, 2011 or October 1, 2012, shall be a | ||||||
| |||||||
| |||||||
| 1 | Safety-Net Hospital. | ||||||
| 2 | (d) No later than August 15 preceding the rate year, each | ||||||
| 3 | hospital shall submit the OBRA form to the Department. Prior to | ||||||
| 4 | October 1, the Department shall notify each hospital whether it | ||||||
| 5 | has qualified as a Safety-Net Hospital. | ||||||
| 6 | (e) The Department may promulgate rules in order to | ||||||
| 7 | implement this Section.
| ||||||
| 8 | (f) Nothing in this Section shall be construed as limiting | ||||||
| 9 | the ability of the Department to include the Safety-Net | ||||||
| 10 | Hospitals in the hospital rate reform mandated by Section 14-11 | ||||||
| 11 | of this Code and implemented under Section 14-12 of this Code | ||||||
| 12 | and by administrative rulemaking. | ||||||
| 13 | (Source: P.A. 100-581, eff. 3-12-18; 101-650, eff. 7-7-20.)
| ||||||
| 14 | Section 90-65. The Firearm Owners Identification Card Act | ||||||
| 15 | is amended by changing Sections 3, 5, 6, and 7 as follows:
| ||||||
| 16 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||
| 17 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
| 18 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
| 19 | firearm ammunition, stun gun, or taser to any person within | ||||||
| 20 | this State unless the
transferee with whom he deals displays | ||||||
| 21 | either: (1) a currently valid Firearm Owner's
Identification | ||||||
| 22 | Card which has previously been issued in his or her name by the
| ||||||
| 23 | Department of State Police under the provisions of this Act; or | ||||||
| 24 | (2) a currently valid license to carry a concealed firearm | ||||||
| |||||||
| |||||||
| 1 | which has previously been issued in his or her name by the
| ||||||
| 2 | Department of State Police under the Firearm Concealed Carry | ||||||
| 3 | Act. In addition,
all firearm, stun gun, and taser transfers by | ||||||
| 4 | federally licensed firearm dealers are subject
to Section 3.1. | ||||||
| 5 | (a-5) Any person who is not a federally licensed firearm | ||||||
| 6 | dealer and who desires to transfer or sell a firearm while that | ||||||
| 7 | person is on the grounds of a gun show must, before selling or | ||||||
| 8 | transferring the firearm, request the Department of State | ||||||
| 9 | Police to conduct a background check on the prospective | ||||||
| 10 | recipient of the firearm in accordance with Section 3.1.
| ||||||
| 11 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
| 12 | Section, any person who is not a federally licensed firearm | ||||||
| 13 | dealer and who desires to transfer or sell a firearm or | ||||||
| 14 | firearms to any person who is not a federally licensed firearm | ||||||
| 15 | dealer shall, before selling or transferring the firearms, | ||||||
| 16 | contact the Department of State Police with the transferee's or | ||||||
| 17 | purchaser's Firearm Owner's Identification Card number to | ||||||
| 18 | determine the validity of the transferee's or purchaser's | ||||||
| 19 | Firearm Owner's Identification Card. This subsection shall not | ||||||
| 20 | be effective until January 1, 2014. The Department of State | ||||||
| 21 | Police may adopt rules concerning the implementation of this | ||||||
| 22 | subsection. The Department of State Police shall provide the | ||||||
| 23 | seller or transferor an approval number if the purchaser's | ||||||
| 24 | Firearm Owner's Identification Card is valid. Approvals issued | ||||||
| 25 | by the Department for the purchase of a firearm pursuant to | ||||||
| 26 | this subsection are valid for 30 days from the date of issue. | ||||||
| |||||||
| |||||||
| 1 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
| 2 | do not apply to: | ||||||
| 3 | (1) transfers that occur at the place of business of a | ||||||
| 4 | federally licensed firearm dealer, if the federally | ||||||
| 5 | licensed firearm dealer conducts a background check on the | ||||||
| 6 | prospective recipient of the firearm in accordance with | ||||||
| 7 | Section 3.1 of this Act and follows all other applicable | ||||||
| 8 | federal, State, and local laws as if he or she were the | ||||||
| 9 | seller or transferor of the firearm, although the dealer is | ||||||
| 10 | not required to accept the firearm into his or her | ||||||
| 11 | inventory. The purchaser or transferee may be required by | ||||||
| 12 | the federally licensed firearm dealer to pay a fee not to | ||||||
| 13 | exceed $10 per firearm, which the dealer may retain as | ||||||
| 14 | compensation for performing the functions required under | ||||||
| 15 | this paragraph, plus the applicable fees authorized by | ||||||
| 16 | Section 3.1; | ||||||
| 17 | (2) transfers as a bona fide gift to the transferor's | ||||||
| 18 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
| 19 | father, mother, stepfather, stepmother, brother, sister, | ||||||
| 20 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
| 21 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
| 22 | son-in-law, or daughter-in-law; | ||||||
| 23 | (3) transfers by persons acting pursuant to operation | ||||||
| 24 | of law or a court order; | ||||||
| 25 | (4) transfers on the grounds of a gun show under | ||||||
| 26 | subsection (a-5) of this Section; | ||||||
| |||||||
| |||||||
| 1 | (5) the delivery of a firearm by its owner to a | ||||||
| 2 | gunsmith for service or repair, the return of the firearm | ||||||
| 3 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
| 4 | by a gunsmith to a federally licensed firearms dealer for | ||||||
| 5 | service or repair and the return of the firearm to the | ||||||
| 6 | gunsmith; | ||||||
| 7 | (6) temporary transfers that occur while in the home of | ||||||
| 8 | the unlicensed transferee, if the unlicensed transferee is | ||||||
| 9 | not otherwise prohibited from possessing firearms and the | ||||||
| 10 | unlicensed transferee reasonably believes that possession | ||||||
| 11 | of the firearm is necessary to prevent imminent death or | ||||||
| 12 | great bodily harm to the unlicensed transferee; | ||||||
| 13 | (7) transfers to a law enforcement or corrections | ||||||
| 14 | agency or a law enforcement or corrections officer acting | ||||||
| 15 | within the course and scope of his or her official duties; | ||||||
| 16 | (8) transfers of firearms that have been rendered | ||||||
| 17 | permanently inoperable to a nonprofit historical society, | ||||||
| 18 | museum, or institutional collection; and | ||||||
| 19 | (9) transfers to a person who is exempt from the | ||||||
| 20 | requirement of possessing a Firearm Owner's Identification | ||||||
| 21 | Card under Section 2 of this Act. | ||||||
| 22 | (a-20) The Department of State Police shall develop an | ||||||
| 23 | Internet-based system for individuals to determine the | ||||||
| 24 | validity of a Firearm Owner's Identification Card prior to the | ||||||
| 25 | sale or transfer of a firearm. The Department shall have the | ||||||
| 26 | Internet-based system completed and available for use by July | ||||||
| |||||||
| |||||||
| 1 | 1, 2015. This Internet-based system may be used by federal | ||||||
| 2 | firearm license dealers and others for the purposes of | ||||||
| 3 | determining the validity of a Firearm Owner's Identification | ||||||
| 4 | Card for ammunition transfers and sales. Nothing shall be | ||||||
| 5 | deemed to prohibit an individual from using this site to | ||||||
| 6 | determine a Firearm Owner's Identification Card status. The | ||||||
| 7 | Department shall adopt rules not inconsistent with this Section | ||||||
| 8 | to implement this system. | ||||||
| 9 | (b) Any person within this State who transfers or causes to | ||||||
| 10 | be
transferred any firearm, stun gun, or taser shall keep a | ||||||
| 11 | record of such transfer for a period
of 10 years from the date | ||||||
| 12 | of transfer. Such record shall contain the date
of the | ||||||
| 13 | transfer; the description, serial number or other information
| ||||||
| 14 | identifying the firearm, stun gun, or taser if no serial number | ||||||
| 15 | is available; and, if the
transfer was completed within this | ||||||
| 16 | State, the transferee's Firearm Owner's
Identification Card | ||||||
| 17 | number and any approval number or documentation provided by the | ||||||
| 18 | Department of State Police pursuant to subsection (a-10) of | ||||||
| 19 | this Section; if the transfer was not completed within this | ||||||
| 20 | State, the record shall contain the name and address of the | ||||||
| 21 | transferee. On or after January 1, 2006, the record shall | ||||||
| 22 | contain the date of application for transfer of the firearm. On | ||||||
| 23 | demand of a peace officer such transferor
shall produce for | ||||||
| 24 | inspection such record of transfer. If the transfer or sale | ||||||
| 25 | took place at a gun show, the record shall include the unique | ||||||
| 26 | identification number. Failure to record the unique | ||||||
| |||||||
| |||||||
| 1 | identification number or approval number is a petty offense.
| ||||||
| 2 | For transfers of a firearm, stun gun, or taser made on or after | ||||||
| 3 | the effective date of this amendatory Act of the 100th General | ||||||
| 4 | Assembly, failure by the private seller to maintain the | ||||||
| 5 | transfer records in accordance with this Section is a Class A | ||||||
| 6 | misdemeanor for the first offense and a Class 4 felony for a | ||||||
| 7 | second or subsequent offense. A transferee shall not be | ||||||
| 8 | criminally liable under this Section provided that he or she | ||||||
| 9 | provides the Department of State Police with the transfer | ||||||
| 10 | records in accordance with procedures established by the | ||||||
| 11 | Department. The Department shall establish, by rule, a standard | ||||||
| 12 | form on its website. | ||||||
| 13 | (b-5) Any resident may purchase ammunition from a person | ||||||
| 14 | within or outside of Illinois if shipment is by United States | ||||||
| 15 | mail or by a private express carrier authorized by federal law | ||||||
| 16 | to ship ammunition. Any resident purchasing ammunition within | ||||||
| 17 | or outside the State of Illinois must provide the seller with a | ||||||
| 18 | copy of his or her valid Firearm Owner's Identification Card or | ||||||
| 19 | valid concealed carry license and either his or her Illinois | ||||||
| 20 | driver's license or Illinois State Identification Card prior to | ||||||
| 21 | the shipment of the ammunition. The ammunition may be shipped | ||||||
| 22 | only to an address on either of those 2 documents. | ||||||
| 23 | (c) The provisions of this Section regarding the transfer | ||||||
| 24 | of firearm
ammunition shall not apply to those persons | ||||||
| 25 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
| 26 | (Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)
| ||||||
| |||||||
| |||||||
| 1 | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
| ||||||
| 2 | Sec. 5. Application and renewal. | ||||||
| 3 | (a) The Department of State Police shall either approve or
| ||||||
| 4 | deny all applications within 30 days from the date they are | ||||||
| 5 | received,
except as provided in subsection (b) of this Section, | ||||||
| 6 | and every applicant found qualified under Section 8 of this Act | ||||||
| 7 | by
the Department shall be entitled to a Firearm Owner's | ||||||
| 8 | Identification
Card upon the payment of a $10 fee. Any | ||||||
| 9 | applicant who is an active duty member of the Armed Forces of | ||||||
| 10 | the United States, a member of the Illinois National Guard, or | ||||||
| 11 | a member of the Reserve Forces of the United States is exempt | ||||||
| 12 | from the application fee. $6 of each fee derived from the
| ||||||
| 13 | issuance of Firearm Owner's Identification Cards, or renewals | ||||||
| 14 | thereof,
shall be deposited in the Wildlife and Fish Fund in | ||||||
| 15 | the State Treasury;
$1 of the fee shall be deposited in the | ||||||
| 16 | State Police Services Fund and $3 of the fee shall be deposited | ||||||
| 17 | in the
State Police Firearm Services Fund. | ||||||
| 18 | (b) Renewal applications shall be approved or denied within | ||||||
| 19 | 60 business days, provided the applicant submitted his or her | ||||||
| 20 | renewal application prior to the expiration of his or her | ||||||
| 21 | Firearm Owner's Identification Card. If a renewal application | ||||||
| 22 | has been submitted prior to the expiration date of the | ||||||
| 23 | applicant's Firearm Owner's Identification Card, the Firearm | ||||||
| 24 | Owner's Identification Card shall remain valid while the | ||||||
| 25 | Department processes the application, unless the person is | ||||||
| |||||||
| |||||||
| 1 | subject to or becomes subject to revocation under this Act. The | ||||||
| 2 | cost for a renewal application shall be $10 which shall be | ||||||
| 3 | deposited into the State Police Firearm Services Fund.
| ||||||
| 4 | (c) When a disaster has been declared by the Governor under | ||||||
| 5 | the Illinois Emergency Management Agency Act that impacts | ||||||
| 6 | counties representing a majority of the population of this | ||||||
| 7 | State, or if the Illinois State Police are unable to approve or | ||||||
| 8 | deny renewal applications within 60 days after the time-lines | ||||||
| 9 | specified in this Act, the Illinois State Police may by rule or | ||||||
| 10 | emergency rulemaking extend the expiration dates of Firearm | ||||||
| 11 | Owner's Identification Cards. Any Firearm Owner's | ||||||
| 12 | Identification Cards with an extended expiration date shall be | ||||||
| 13 | deemed valid for the purposes of possessing, transferring, and | ||||||
| 14 | purchasing ammunition and firearms, unless the person becomes | ||||||
| 15 | subject to revocation or suspension under this Act. | ||||||
| 16 | (Source: P.A. 100-906, eff. 1-1-19.)
| ||||||
| 17 | (430 ILCS 65/6) (from Ch. 38, par. 83-6)
| ||||||
| 18 | Sec. 6. Contents of Firearm Owner's Identification Card.
| ||||||
| 19 | (a) A Firearm Owner's Identification Card, issued by the | ||||||
| 20 | Department of State Police at such places as the Director of | ||||||
| 21 | the Department shall specify, shall contain the applicant's | ||||||
| 22 | name, residence, date of birth, sex, physical description, | ||||||
| 23 | recent photograph, except as provided in subsection (c-5), and | ||||||
| 24 | signature. Each Firearm Owner's Identification Card must have | ||||||
| 25 | the expiration date boldly and conspicuously displayed on the | ||||||
| |||||||
| |||||||
| 1 | face of the card, unless the validity has been extended | ||||||
| 2 | pursuant to subsection (b) of Section 7 of this Act. A Firearm | ||||||
| 3 | Owner's Identification Card, issued by the Department of
State | ||||||
| 4 | Police at such places as the Director of the
Department shall
| ||||||
| 5 | specify, shall contain the applicant's name, residence, date of | ||||||
| 6 | birth, sex,
physical description, recent photograph, except as | ||||||
| 7 | provided in subsection (c-5), and signature. Each Firearm | ||||||
| 8 | Owner's
Identification Card must have the expiration date | ||||||
| 9 | boldly and conspicuously
displayed on the face of the card. | ||||||
| 10 | Each Firearm Owner's
Identification Card must have printed on | ||||||
| 11 | it the following: "CAUTION - This
card does not permit bearer | ||||||
| 12 | to UNLAWFULLY carry or use firearms."
Before December 1, 2002,
| ||||||
| 13 | the Department may use a person's digital photograph and | ||||||
| 14 | signature from his or
her
Illinois driver's license or Illinois | ||||||
| 15 | Identification Card, if available. On
and after December 1, | ||||||
| 16 | 2002,
the Department shall use a person's digital photograph | ||||||
| 17 | and signature from his
or her
Illinois driver's license or | ||||||
| 18 | Illinois Identification Card, if available. The
Department | ||||||
| 19 | shall decline to use a person's digital photograph or signature | ||||||
| 20 | if
the digital photograph or signature is the result of or | ||||||
| 21 | associated with
fraudulent or erroneous data, unless otherwise | ||||||
| 22 | provided by law.
| ||||||
| 23 | (b) A person applying for a Firearm Owner's Identification | ||||||
| 24 | Card shall
consent
to the Department of State Police using the | ||||||
| 25 | applicant's digital driver's
license
or Illinois | ||||||
| 26 | Identification Card photograph, if available, and signature on | ||||||
| |||||||
| |||||||
| 1 | the
applicant's
Firearm Owner's Identification Card. The | ||||||
| 2 | Secretary
of State shall allow the Department of State Police | ||||||
| 3 | access to the photograph
and signature for the purpose of | ||||||
| 4 | identifying the applicant and issuing to the
applicant a
| ||||||
| 5 | Firearm Owner's Identification Card.
| ||||||
| 6 | (c) The Secretary of State shall conduct a study to | ||||||
| 7 | determine the cost
and
feasibility of creating a method of | ||||||
| 8 | adding an identifiable code, background, or
other means on the | ||||||
| 9 | driver's license or Illinois Identification Card to show
that
| ||||||
| 10 | an individual is not disqualified from owning or possessing a | ||||||
| 11 | firearm under
State or federal law. The Secretary shall report | ||||||
| 12 | the findings of this study
12 months after the effective date | ||||||
| 13 | of this amendatory Act of the 92nd General
Assembly.
| ||||||
| 14 | (c-5) If a person qualifies for a photograph exemption, in | ||||||
| 15 | lieu of a photograph, the Firearm Owner's Identification Card | ||||||
| 16 | shall contain a copy of the card holder's fingerprints. Each | ||||||
| 17 | Firearm Owner's Identification Card described in this | ||||||
| 18 | subsection (c-5) must have printed on it the following: "This | ||||||
| 19 | card is only valid for firearm purchases through a federally | ||||||
| 20 | licensed firearms dealer when presented with photographic | ||||||
| 21 | identification, as prescribed by 18 U.S.C. 922(t)(1)(C)." | ||||||
| 22 | (Source: P.A. 97-1131, eff. 1-1-13.)
| ||||||
| 23 | (430 ILCS 65/7) (from Ch. 38, par. 83-7)
| ||||||
| 24 | Sec. 7. Validity of Firearm Owner's Identification Card. | ||||||
| 25 | (a) Except as provided in Section 8 of this Act or | ||||||
| |||||||
| |||||||
| 1 | subsection (b) of this Section, a Firearm Owner's
| ||||||
| 2 | Identification Card issued under the provisions of this Act | ||||||
| 3 | shall be valid
for the person to whom it is issued for a period | ||||||
| 4 | of 10 years from the date
of issuance. | ||||||
| 5 | (b) If a renewal application is submitted to the Department | ||||||
| 6 | before the expiration date of the applicant's current Firearm | ||||||
| 7 | Owner's Identification Card, the Firearm Owner's | ||||||
| 8 | Identification Card shall remain valid for a period of 60 | ||||||
| 9 | business days, unless the person is subject to or becomes | ||||||
| 10 | subject to revocation under this Act.
| ||||||
| 11 | (c) The validity of a Firearm Owner's Identification Card | ||||||
| 12 | may be extended as provided in subsection (b) of Section 5 of | ||||||
| 13 | this Act. | ||||||
| 14 | (Source: P.A. 100-906, eff. 1-1-19.)
| ||||||
| 15 | Section 90-70. The Firearm Concealed Carry Act is amended | ||||||
| 16 | by changing Section 50 as follows:
| ||||||
| 17 | (430 ILCS 66/50)
| ||||||
| 18 | Sec. 50. License renewal. | ||||||
| 19 | (a) This subsection (a) applies through the 180th day | ||||||
| 20 | following the effective date of this amendatory Act of the | ||||||
| 21 | 101st General Assembly. Applications for renewal of a license | ||||||
| 22 | shall be made to the Department. A license shall be renewed for | ||||||
| 23 | a period of 5 years upon receipt of a completed renewal | ||||||
| 24 | application, completion of 3 hours of training required under | ||||||
| |||||||
| |||||||
| 1 | Section 75 of this Act, payment of the applicable renewal fee, | ||||||
| 2 | and completion of an investigation under Section 35 of this | ||||||
| 3 | Act. The renewal application shall contain the information | ||||||
| 4 | required in Section 30 of this Act, except that the applicant | ||||||
| 5 | need not resubmit a full set of fingerprints. | ||||||
| 6 | (b) This subsection (b) applies on and after the 181st day | ||||||
| 7 | following the effective date of this amendatory Act of the | ||||||
| 8 | 101st General Assembly. Applications for renewal of a license | ||||||
| 9 | shall be made to the Department. A license shall be renewed for | ||||||
| 10 | a period of 5 years from the date of expiration on the | ||||||
| 11 | applicant's current license upon the receipt of a completed | ||||||
| 12 | renewal application, completion of 3 hours of training required | ||||||
| 13 | under Section 75 of this Act, payment of the applicable renewal | ||||||
| 14 | fee, and completion of an investigation under Section 35 of | ||||||
| 15 | this Act. The renewal application shall contain the information | ||||||
| 16 | required in Section 30 of this Act, except that the applicant | ||||||
| 17 | need not resubmit a full set of fingerprints.
| ||||||
| 18 | (c) When a disaster has been declared by the Governor under | ||||||
| 19 | the Illinois Emergency Management Agency Act that impacts | ||||||
| 20 | counties representing a majority of the population of this | ||||||
| 21 | State, or if the Illinois State Police are unable to approve or | ||||||
| 22 | deny renewal applications within 60 days after the time-lines | ||||||
| 23 | specified in this Act, the Illinois State Police may by rule or | ||||||
| 24 | emergency rulemaking extend the expiration dates of concealed | ||||||
| 25 | carry licenses. Any concealed carry license with an extended | ||||||
| 26 | expiration date shall be deemed valid for the purposes this | ||||||
| |||||||
| |||||||
| 1 | Act. A concealed carry license that is renewed before its | ||||||
| 2 | expiration date remains valid during this period; provided, | ||||||
| 3 | that during the period of the disaster declared by the | ||||||
| 4 | Governor, the concealed carry license shall remain valid even | ||||||
| 5 | if the licensee has not applied for renewal of the license. | ||||||
| 6 | (Source: P.A. 101-80, eff. 7-12-19.)
| ||||||
| 7 | Section 90-75. The Open Space Lands Acquisition and | ||||||
| 8 | Development Act is amended by changing Section 3 as follows:
| ||||||
| 9 | (525 ILCS 35/3) (from Ch. 85, par. 2103)
| ||||||
| 10 | Sec. 3. From appropriations made from the Capital | ||||||
| 11 | Development Fund,
Build Illinois Bond Fund or other
available | ||||||
| 12 | or designated funds for such
purposes, the Department shall | ||||||
| 13 | make grants to local governments as
financial assistance for | ||||||
| 14 | the capital
development and improvement of park, recreation or | ||||||
| 15 | conservation
areas, marinas and shorelines, including planning | ||||||
| 16 | and engineering costs, and for the
acquisition of open space | ||||||
| 17 | lands, including
acquisition of easements and other property | ||||||
| 18 | interests less than fee simple
ownership if the Department | ||||||
| 19 | determines that such property
interests are sufficient to carry | ||||||
| 20 | out the purposes of this Act, subject to
the conditions and | ||||||
| 21 | limitations set forth in this Act.
| ||||||
| 22 | No more than 10% of the amount so appropriated for any | ||||||
| 23 | fiscal year may
be committed or expended on any one project | ||||||
| 24 | described in an application
under this Act.
| ||||||
| |||||||
| |||||||
| 1 | Any grant under this Act to a local government shall be | ||||||
| 2 | conditioned upon
the state providing assistance on a 50/50 | ||||||
| 3 | matching basis for the acquisition
of open space lands and for | ||||||
| 4 | capital development
and improvement proposals. However, a | ||||||
| 5 | local government defined as "distressed" under criteria | ||||||
| 6 | adopted by the Department through administrative rule shall be | ||||||
| 7 | eligible for assistance up to 90% for the acquisition
of open | ||||||
| 8 | space lands and for capital development
and improvement | ||||||
| 9 | proposals, provided that no more than 10% of the amount | ||||||
| 10 | appropriated under this Act in any fiscal year is made | ||||||
| 11 | available as grants to distressed local governments.
| ||||||
| 12 | An advance payment of a A minimum of 50% of any grant made | ||||||
| 13 | to a unit of local government under this Act must be paid to | ||||||
| 14 | the unit of local government at the time the Department awards | ||||||
| 15 | the grant. A unit of local government may opt out of the | ||||||
| 16 | advanced payment option at the time of the award of the grant. | ||||||
| 17 | The remainder of the grant shall be distributed to the local | ||||||
| 18 | government quarterly on a reimbursement basis. The Department | ||||||
| 19 | shall consider an applicant's request for an extension to a | ||||||
| 20 | grant under this Act if (i) the advanced payment is expended or | ||||||
| 21 | legally obligated within the 2 years required by Section 5 of | ||||||
| 22 | the Illinois Grant Funds Recovery Act or (ii) no advanced | ||||||
| 23 | payment was made. | ||||||
| 24 | (Source: P.A. 98-326, eff. 8-12-13; 98-520, eff. 8-23-13; | ||||||
| 25 | 98-756, eff. 7-16-14.)
| ||||||
| |||||||
| |||||||
| 1 | Section 90-80. The Unified Code of Corrections is amended | ||||||
| 2 | by changing Section 5-5-5 as follows:
| ||||||
| 3 | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| ||||||
| 4 | Sec. 5-5-5. Loss and restoration of rights.
| ||||||
| 5 | (a) Conviction and disposition shall not entail the loss by | ||||||
| 6 | the
defendant of any civil rights, except under this Section | ||||||
| 7 | and Sections 29-6
and 29-10 of The Election Code, as now or | ||||||
| 8 | hereafter amended.
| ||||||
| 9 | (b) A person convicted of a felony shall be ineligible to | ||||||
| 10 | hold an office
created by the Constitution of this State until | ||||||
| 11 | the completion of his sentence.
| ||||||
| 12 | (c) A person sentenced to imprisonment shall lose his right | ||||||
| 13 | to vote
until released from imprisonment.
| ||||||
| 14 | (d) On completion of sentence of imprisonment or upon | ||||||
| 15 | discharge from
probation, conditional discharge or periodic | ||||||
| 16 | imprisonment, or at any time
thereafter, all license rights and | ||||||
| 17 | privileges
granted under the authority of this State which have | ||||||
| 18 | been revoked or
suspended because of conviction of an offense | ||||||
| 19 | shall be restored unless the
authority having jurisdiction of | ||||||
| 20 | such license rights finds after
investigation and hearing that | ||||||
| 21 | restoration is not in the public interest.
This paragraph (d) | ||||||
| 22 | shall not apply to the suspension or revocation of a
license to | ||||||
| 23 | operate a motor vehicle under the Illinois Vehicle Code.
| ||||||
| 24 | (e) Upon a person's discharge from incarceration or parole, | ||||||
| 25 | or upon a
person's discharge from probation or at any time | ||||||
| |||||||
| |||||||
| 1 | thereafter, the committing
court may enter an order certifying | ||||||
| 2 | that the sentence has been
satisfactorily completed when the | ||||||
| 3 | court believes it would assist in the
rehabilitation of the | ||||||
| 4 | person and be consistent with the public welfare.
Such order | ||||||
| 5 | may be entered upon the motion of the defendant or the State or
| ||||||
| 6 | upon the court's own motion.
| ||||||
| 7 | (f) Upon entry of the order, the court shall issue to the | ||||||
| 8 | person in
whose favor the order has been entered a certificate | ||||||
| 9 | stating that his
behavior after conviction has warranted the | ||||||
| 10 | issuance of the order.
| ||||||
| 11 | (g) This Section shall not affect the right of a defendant | ||||||
| 12 | to
collaterally attack his conviction or to rely on it in bar | ||||||
| 13 | of subsequent
proceedings for the same offense.
| ||||||
| 14 | (h) No application for any license specified in subsection | ||||||
| 15 | (i) of this
Section granted under the
authority of this State | ||||||
| 16 | shall be denied by reason of an eligible offender who
has | ||||||
| 17 | obtained a certificate of relief from disabilities, as
defined | ||||||
| 18 | in Article 5.5 of this Chapter, having been previously | ||||||
| 19 | convicted of one
or more
criminal offenses, or by reason of a | ||||||
| 20 | finding of lack of "good moral
character" when the finding is | ||||||
| 21 | based upon the fact that the applicant has
previously been | ||||||
| 22 | convicted of one or more criminal offenses, unless:
| ||||||
| 23 | (1) there is a direct relationship between one or more | ||||||
| 24 | of the previous
criminal offenses and the specific license | ||||||
| 25 | sought; or
| ||||||
| 26 | (2) the issuance of the license would
involve an | ||||||
| |||||||
| |||||||
| 1 | unreasonable risk to property or to the safety or welfare | ||||||
| 2 | of
specific individuals or the general public.
| ||||||
| 3 | In making such a determination, the licensing agency shall | ||||||
| 4 | consider the
following factors:
| ||||||
| 5 | (1) the public policy of this State, as expressed in | ||||||
| 6 | Article 5.5 of this
Chapter, to encourage the licensure and | ||||||
| 7 | employment of persons previously
convicted of one or more | ||||||
| 8 | criminal offenses;
| ||||||
| 9 | (2) the specific duties and responsibilities | ||||||
| 10 | necessarily related to the
license being sought;
| ||||||
| 11 | (3) the bearing, if any, the criminal offenses or | ||||||
| 12 | offenses for which the
person
was previously convicted will | ||||||
| 13 | have on his or her fitness or ability to perform
one or
| ||||||
| 14 | more such duties and responsibilities;
| ||||||
| 15 | (4) the time which has elapsed since the occurrence of | ||||||
| 16 | the criminal
offense or offenses;
| ||||||
| 17 | (5) the age of the person at the time of occurrence of | ||||||
| 18 | the criminal
offense or offenses;
| ||||||
| 19 | (6) the seriousness of the offense or offenses;
| ||||||
| 20 | (7) any information produced by the person or produced | ||||||
| 21 | on his or her
behalf in
regard to his or her rehabilitation | ||||||
| 22 | and good conduct, including a certificate
of relief from | ||||||
| 23 | disabilities issued to the applicant, which certificate | ||||||
| 24 | shall
create a presumption of rehabilitation in regard to | ||||||
| 25 | the offense or offenses
specified in the certificate; and
| ||||||
| 26 | (8) the legitimate interest of the licensing agency in | ||||||
| |||||||
| |||||||
| 1 | protecting
property, and
the safety and welfare of specific | ||||||
| 2 | individuals or the general public.
| ||||||
| 3 | (i) A certificate of relief from disabilities shall be | ||||||
| 4 | issued only
for a
license or certification issued under the | ||||||
| 5 | following Acts:
| ||||||
| 6 | (1) the Animal Welfare Act; except that a certificate | ||||||
| 7 | of relief from
disabilities may not be granted
to provide | ||||||
| 8 | for
the
issuance or restoration of a license under the | ||||||
| 9 | Animal Welfare Act for any
person convicted of violating | ||||||
| 10 | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | ||||||
| 11 | Care for Animals Act or Section 26-5 or 48-1 of the | ||||||
| 12 | Criminal Code of
1961 or the Criminal Code of 2012;
| ||||||
| 13 | (2) the Illinois Athletic Trainers Practice Act;
| ||||||
| 14 | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | ||||||
| 15 | and Nail Technology Act of 1985;
| ||||||
| 16 | (4) the Boiler and Pressure Vessel Repairer Regulation | ||||||
| 17 | Act;
| ||||||
| 18 | (5) the Boxing and Full-contact Martial Arts Act;
| ||||||
| 19 | (6) the Illinois Certified Shorthand Reporters Act of | ||||||
| 20 | 1984;
| ||||||
| 21 | (7) the Illinois Farm Labor Contractor Certification | ||||||
| 22 | Act;
| ||||||
| 23 | (8) the Registered Interior Designers Act;
| ||||||
| 24 | (9) the Illinois Professional Land Surveyor Act of | ||||||
| 25 | 1989;
| ||||||
| 26 | (10) the Landscape Architecture Registration Act | ||||||
| |||||||
| |||||||
| 1 | Illinois Landscape Architecture Act of 1989;
| ||||||
| 2 | (11) the Marriage and Family Therapy Licensing Act;
| ||||||
| 3 | (12) the Private Employment Agency Act;
| ||||||
| 4 | (13) the Professional Counselor and Clinical | ||||||
| 5 | Professional Counselor
Licensing and Practice
Act;
| ||||||
| 6 | (14) the Real Estate License Act of 2000;
| ||||||
| 7 | (15) the Illinois Roofing Industry Licensing Act; | ||||||
| 8 | (16) the Professional Engineering Practice Act of | ||||||
| 9 | 1989; | ||||||
| 10 | (17) the Water Well and Pump Installation Contractor's | ||||||
| 11 | License Act; | ||||||
| 12 | (18) the Electrologist Licensing Act;
| ||||||
| 13 | (19) the Auction License Act; | ||||||
| 14 | (20) the Illinois Architecture Practice Act of 1989; | ||||||
| 15 | (21) the Dietitian Nutritionist Practice Act; | ||||||
| 16 | (22) the Environmental Health Practitioner Licensing | ||||||
| 17 | Act; | ||||||
| 18 | (23) the Funeral Directors and Embalmers Licensing | ||||||
| 19 | Code; | ||||||
| 20 | (24) (blank); | ||||||
| 21 | (25) the Professional Geologist Licensing Act; | ||||||
| 22 | (26) the Illinois Public Accounting Act; and | ||||||
| 23 | (27) the Structural Engineering Practice Act of 1989.
| ||||||
| 24 | (Source: P.A. 100-534, eff. 9-22-17; 100-920, eff. 8-17-18.)
| ||||||
| 25 | Section 90-85. The Child Labor Law is amended by changing | ||||||
| |||||||
| |||||||
| 1 | Sections 8, 11, and 12 as follows:
| ||||||
| 2 | (820 ILCS 205/8) (from Ch. 48, par. 31.8)
| ||||||
| 3 | Sec. 8. Authority to issue employment certificates. | ||||||
| 4 | (a) Notwithstanding the provisions of this Act, the City or | ||||||
| 5 | County
Superintendent of Schools, or their duly authorized | ||||||
| 6 | agents, are authorized
to issue an employment certificate for | ||||||
| 7 | any minor under sixteen (16) years
of age, said certificate | ||||||
| 8 | authorizing and permitting the appearance of such
minor in a | ||||||
| 9 | play or musical comedy with a professional traveling theatrical
| ||||||
| 10 | production on the stage of a duly licensed theatre wherein not | ||||||
| 11 | more than
two performances are given in any one day and not | ||||||
| 12 | more than eight
performances are given in any one week, or nine | ||||||
| 13 | when a holiday occurs
during the week, or in a musical recital | ||||||
| 14 | or concert: Provided, that such
minor is accompanied by his | ||||||
| 15 | parent or guardian or by a person in whose care
the parent or | ||||||
| 16 | guardian has placed the minor and whose connection with the
| ||||||
| 17 | performance or with the operation of the theatre in which the | ||||||
| 18 | minor is to
appear is limited to the care of such minor or of | ||||||
| 19 | minors appearing therein:
And provided further, that such minor | ||||||
| 20 | shall not appear on said stage or in
a musical recital or | ||||||
| 21 | concert, attend rehearsals, or be present in
connection with | ||||||
| 22 | such appearance or rehearsals, in the theatre where the
play or | ||||||
| 23 | musical comedy is produced or in the place where the concert or
| ||||||
| 24 | recital is given, for more than a total of six (6) hours in any | ||||||
| 25 | one day, or
on more than six (6) days in any one week, or for | ||||||
| |||||||
| |||||||
| 1 | more than a total of
twenty-four (24) hours in any one week, or | ||||||
| 2 | after the hour of 11
postmeridian; and provided further, no | ||||||
| 3 | such minor shall be excused from
attending school except as | ||||||
| 4 | authorized pursuant to Section 26-1 of the
School Code. | ||||||
| 5 | Application for such certificate shall be made by the
manager | ||||||
| 6 | of the theatre, or by the person in the district responsible | ||||||
| 7 | for
the musical recital or concert, and by the parent or | ||||||
| 8 | guardian of such minor
to the City or County Superintendent of | ||||||
| 9 | Schools or his authorized agent at
least fourteen (14) days in | ||||||
| 10 | advance of such appearance. The City or County
Superintendent | ||||||
| 11 | of Schools or his agent may issue a permit if satisfied that
| ||||||
| 12 | adequate provision has been made for the educational | ||||||
| 13 | instruction of such
minor, for safeguarding his health and for | ||||||
| 14 | the proper moral supervision of
such minor, and that proper | ||||||
| 15 | rest and dressing room facilities are provided
in the theatre | ||||||
| 16 | for such minor.
| ||||||
| 17 | (b) Notwithstanding the provisions of this Act, the City or | ||||||
| 18 | Regional
Superintendent of Schools, or their duly authorized | ||||||
| 19 | agents, are authorized
to issue an employment certificate for | ||||||
| 20 | any minor under 16 years of age,
such certificate authorizing | ||||||
| 21 | and permitting the appearance of such minor as
a model or in a | ||||||
| 22 | motion picture, radio or television production: Provided,
that | ||||||
| 23 | no such minor shall be excused from attending school except as
| ||||||
| 24 | authorized pursuant to Section 26-1 of The School Code. The | ||||||
| 25 | Department of
Labor shall promulgate rules and regulations to | ||||||
| 26 | carry out the provisions of
this subsection. Such rules and | ||||||
| |||||||
| |||||||
| 1 | regulations shall be designed to protect
the health and welfare | ||||||
| 2 | of child models or actors and to insure that the
conditions | ||||||
| 3 | under which minors are employed, used or exhibited will not
| ||||||
| 4 | impair their health, welfare, development or proper education.
| ||||||
| 5 | (c) In situations where a minor from another state seeks to | ||||||
| 6 | obtain an Illinois employment certificate, the Department | ||||||
| 7 | shall work with a City or Regional Superintendent of Schools, | ||||||
| 8 | or the State Superintendent of Education, or his or her duly | ||||||
| 9 | authorized agents, to issue the certificate. The | ||||||
| 10 | Superintendent may waive the requirement in Section 12 of this | ||||||
| 11 | Act that a minor submit his or her application in person, if | ||||||
| 12 | the minor resides in another state. | ||||||
| 13 | (Source: P.A. 96-1247, eff. 7-23-10.)
| ||||||
| 14 | (820 ILCS 205/11) (from Ch. 48, par. 31.11)
| ||||||
| 15 | Sec. 11. Employment certificate issuance; duration; | ||||||
| 16 | revocation. | ||||||
| 17 | (a) The employment certificate shall be issued by the City | ||||||
| 18 | or County
Superintendent of Schools or by their duly authorized | ||||||
| 19 | agents and shall be
valid for a period of one year. The person
| ||||||
| 20 | issuing these certificates shall have authority to administer | ||||||
| 21 | the oaths
provided for herein, but no fee shall be charged. It | ||||||
| 22 | shall be the duty of
the school board or local school | ||||||
| 23 | authority, to designate a place or places
where certificates | ||||||
| 24 | shall be issued and recorded, and physical examinations
made | ||||||
| 25 | without fee, as hereinafter provided, and to establish and | ||||||
| |||||||
| |||||||
| 1 | maintain
the necessary records and clerical services for | ||||||
| 2 | carrying out the provisions
of this Act.
| ||||||
| 3 | The issuing officer shall notify the principal of the | ||||||
| 4 | school attended by
the minor for whom an employment certificate | ||||||
| 5 | for out of school work is
issued by him.
| ||||||
| 6 | The parent or legal guardian of a minor, or the principal | ||||||
| 7 | of the school
attended by the minor for whom an employment
| ||||||
| 8 | certificate has been issued may ask for the revocation of the | ||||||
| 9 | certificate
by petition to the Department of Labor in writing, | ||||||
| 10 | stating the reasons he
believes that the employment is | ||||||
| 11 | interfering with the best physical,
intellectual or moral | ||||||
| 12 | development of the minor. The Department of Labor
shall | ||||||
| 13 | thereupon revoke the employment certificate by notice in | ||||||
| 14 | writing to
the employer of the minor.
| ||||||
| 15 | (b) In situations where a minor from another state seeks to | ||||||
| 16 | obtain an Illinois employment certificate, the Department | ||||||
| 17 | shall work with a City or Regional Superintendent of Schools, | ||||||
| 18 | or the State Superintendent of Education, or his or her duly | ||||||
| 19 | authorized agents, to issue the certificate. The | ||||||
| 20 | Superintendent may waive the requirement in Section 12 of this | ||||||
| 21 | Act that a minor submit his or her application in person, if | ||||||
| 22 | the minor resides in another state. | ||||||
| 23 | (Source: P.A. 96-1247, eff. 7-23-10.)
| ||||||
| 24 | (820 ILCS 205/12) (from Ch. 48, par. 31.12)
| ||||||
| 25 | Sec. 12.
The person authorized to issue employment | ||||||
| |||||||
| |||||||
| 1 | certificates shall
issue a certificate only after examining and | ||||||
| 2 | approving the
written application and other papers required | ||||||
| 3 | under this Section. The
application shall be signed by the | ||||||
| 4 | applicant's parent or legal guardian. The
application shall be | ||||||
| 5 | submitted in person by the minor desiring employment, unless | ||||||
| 6 | the issuing officer determines that the minor may utilize a | ||||||
| 7 | remote application process. The
minor shall be accompanied by | ||||||
| 8 | his or
her parent, guardian, or custodian, whether applying in | ||||||
| 9 | person or remotely. The following papers shall be submitted
| ||||||
| 10 | with the application:
| ||||||
| 11 | 1. A statement of intention to employ signed by the | ||||||
| 12 | prospective
employer, or by someone duly authorized by him, | ||||||
| 13 | setting forth the
specific nature of the occupation in which he | ||||||
| 14 | intends to employ such
minor and the exact hours of the day and | ||||||
| 15 | number of hours per day and
days per week during which the | ||||||
| 16 | minor shall be employed.
| ||||||
| 17 | 2. Evidence of age showing that the minor is of the age | ||||||
| 18 | required by
this Act, which evidence shall be documentary, and | ||||||
| 19 | shall be required in
the order designated, as follows:
| ||||||
| 20 | a. a birth certificate or transcript thereof furnished | ||||||
| 21 | by the State
or County or a signed statement of the | ||||||
| 22 | recorded date and place of birth
issued by a registrar of | ||||||
| 23 | vital records, or other officer
charged with the duty of | ||||||
| 24 | recording births, such registration having been
completed | ||||||
| 25 | within 10 years after the date of birth;
| ||||||
| 26 | b. a certificate of baptism, or transcript thereof, | ||||||
| |||||||
| |||||||
| 1 | duly certified,
showing the date of birth and place of | ||||||
| 2 | baptism of the child;
| ||||||
| 3 | c. other documentary proof of age (other than a school | ||||||
| 4 | record or an
affidavit of age) such as a bona fide record | ||||||
| 5 | of the date and place of
the child's birth, kept in the | ||||||
| 6 | Bible in which the records of births,
marriages and deaths | ||||||
| 7 | in the family of the child are preserved; a
certificate of | ||||||
| 8 | confirmation or other church ceremony at least one year
| ||||||
| 9 | old, showing the age of the child and the date and place of | ||||||
| 10 | the
confirmation or ceremony; or a certificate of arrival | ||||||
| 11 | in the United
States, issued by the United States | ||||||
| 12 | Immigration Officer, showing the age
of the child; or a | ||||||
| 13 | life insurance policy at least one year old showing
the age | ||||||
| 14 | of the child;
| ||||||
| 15 | d. If none of the proofs of age described in items a, b | ||||||
| 16 | and c are
obtainable, and only in that case, the issuing | ||||||
| 17 | officer may accept a
certificate signed by a physician, who | ||||||
| 18 | shall be a public health officer or
a public school | ||||||
| 19 | physician, stating that he has examined the child and that
| ||||||
| 20 | in his opinion the child is at least of the age required by | ||||||
| 21 | this Act. The
certificate shall show the height and weight | ||||||
| 22 | of the child, the condition of
the child's teeth, and any | ||||||
| 23 | other facts concerning the child's physical
development | ||||||
| 24 | revealed by the examination and upon which his opinion as | ||||||
| 25 | to
the child's age is based, and shall be accompanied by a | ||||||
| 26 | school record of age.
| ||||||
| |||||||
| |||||||
| 1 | 3. A statement on a form approved by the Department of | ||||||
| 2 | Labor and signed
by the principal of the school that the minor | ||||||
| 3 | attends, or during school
holidays when the principal is not | ||||||
| 4 | available, then by the regional
superintendent of schools or by | ||||||
| 5 | a person designated by him for that
purpose, showing the | ||||||
| 6 | minor's name, address, social security number, grade
last | ||||||
| 7 | completed, and the
names of his parents, provided that the | ||||||
| 8 | statement shall be required only in
the case of a minor who is | ||||||
| 9 | employed on school days outside school hours, or
on Saturdays | ||||||
| 10 | or other school holidays during the school term.
| ||||||
| 11 | 4. A statement of physical fitness signed by a public | ||||||
| 12 | health or
public school physician who has examined the minor, | ||||||
| 13 | certifying that the
minor is physically fit to be employed in | ||||||
| 14 | all legal occupations or to be
employed in legal occupations | ||||||
| 15 | under limitations specified. If the
statement of physical | ||||||
| 16 | fitness is limited, the employment certificate
issued thereon | ||||||
| 17 | shall state clearly the limitations upon its use, and
shall be | ||||||
| 18 | valid only when used under the limitations so stated.
| ||||||
| 19 | In any case where the physician deems it advisable he
may | ||||||
| 20 | issue a certificate of physical fitness for a specified period | ||||||
| 21 | of time,
at the expiration of which the person for whom it was | ||||||
| 22 | issued shall appear
and be re-examined before being permitted | ||||||
| 23 | to continue work.
| ||||||
| 24 | Examinations shall be made in accordance with the standards | ||||||
| 25 | and
procedures prescribed by the State Director of the | ||||||
| 26 | Department of Labor, in
consultation with the State Director of | ||||||
| |||||||
| |||||||
| 1 | the Department of Public Health and
the State Superintendent of | ||||||
| 2 | Education, and shall be recorded on a form
furnished by the | ||||||
| 3 | Department of Labor. When made by public health or public
| ||||||
| 4 | school physicians, the examination shall be made without charge | ||||||
| 5 | to the
minor. In case a public health or public school | ||||||
| 6 | physician is not
available, a statement from a private | ||||||
| 7 | physician who has examined the minor
may be accepted, provided | ||||||
| 8 | that the examination is made in accordance with
the standards | ||||||
| 9 | and procedures established by the Department of Labor.
| ||||||
| 10 | If the issuing officer refuses to issue a certificate to a | ||||||
| 11 | minor, the
issuing officer shall send to the principal of the | ||||||
| 12 | school last attended by
the minor the name and address of the | ||||||
| 13 | minor and the reason for the refusal
to issue the certificate.
| ||||||
| 14 | (Source: P.A. 87-895; 88-365.)
| ||||||
| 15 | Article 99.
| ||||||
| 16 | Section 99-99. Effective date. This Act takes effect upon | ||||||
| 17 | becoming law.".
| ||||||
