Bill Amendment: IL SB1621 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: COMPLETE COUNT COMMISSION
Status: 2021-01-13 - Session Sine Die [SB1621 Detail]
Download: Illinois-2019-SB1621-House_Amendment_004.html
Bill Title: COMPLETE COUNT COMMISSION
Status: 2021-01-13 - Session Sine Die [SB1621 Detail]
Download: Illinois-2019-SB1621-House_Amendment_004.html
| |||||||
| |||||||
| |||||||
| 1 | AMENDMENT TO SENATE BILL 1621
| ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 1621, AS AMENDED, | ||||||
| 3 | by replacing everything after the enacting clause with the | ||||||
| 4 | following:
| ||||||
| 5 | "Section 5. The Illinois Administrative Procedure Act is | ||||||
| 6 | amended by adding Sections 5-45.8 and 5-45.9 as follows:
| ||||||
| 7 | (5 ILCS 100/5-45.8 new) | ||||||
| 8 | Sec. 5-45.8. Emergency rulemaking; Secretary of State | ||||||
| 9 | emergency powers. To provide for the expeditious and timely | ||||||
| 10 | implementation of the extension provisions of Section 30 of the | ||||||
| 11 | Secretary of State Act, emergency rules implementing the | ||||||
| 12 | extension provisions of Section 30 of the Secretary of State | ||||||
| 13 | Act may be adopted in accordance with Section 5-45 by the | ||||||
| 14 | Secretary of State. The adoption of emergency rules authorized | ||||||
| 15 | by Section 5-45 and this Section is deemed to be necessary for | ||||||
| 16 | the public interest, safety, and welfare. | ||||||
| |||||||
| |||||||
| 1 | This Section is repealed on January 1, 2022.
| ||||||
| 2 | (5 ILCS 100/5-45.9 new) | ||||||
| 3 | Sec. 5-45.9. Emergency Rulemaking; Firearm Owners | ||||||
| 4 | Identification Card Act. To provide for the expeditious and | ||||||
| 5 | timely implementation of subsection (c) of Section 5 of the | ||||||
| 6 | Firearm Owner's Identification Card Act and subsection (c) of | ||||||
| 7 | Section 50 of the Firearm Concealed Carry Act, emergency rules | ||||||
| 8 | implementing subsection (c) of Section 5 of the Firearm Owner's | ||||||
| 9 | Identification Card Act and subsection (c) of Section 50 of the | ||||||
| 10 | Firearm Concealed Carry Act may be adopted in accordance with | ||||||
| 11 | Section 5-45 by the Illinois State Police. Any rule shall not | ||||||
| 12 | add any additional requirements, qualifications or | ||||||
| 13 | disqualifications to Section 4 of the Firearm Owner's | ||||||
| 14 | Identification Card Act or Section 25 of the Firearm Concealed | ||||||
| 15 | Carry Act. Emergency rules adopted under this Section are not | ||||||
| 16 | subject to the limitation on the number of emergency rules that | ||||||
| 17 | may be adopted in a 24 month period under subsection (c) of | ||||||
| 18 | Section 5-45. The adoption of emergency rules authorized by | ||||||
| 19 | Section 5-45 and this Section is deemed to be necessary for the | ||||||
| 20 | public interest, safety and welfare. | ||||||
| 21 | This Section is repealed one year after the effective date | ||||||
| 22 | of this amendatory Act of the 101st General Assembly.
| ||||||
| 23 | Section 10. The Secretary of State Act is amended by | ||||||
| 24 | changing Section 30 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (15 ILCS 305/30) | ||||||
| 2 | (Section scheduled to be repealed on June 30, 2021) | ||||||
| 3 | Sec. 30. Emergency powers. | ||||||
| 4 | (a) In response to the ongoing public health disaster | ||||||
| 5 | caused by Coronavirus Disease 2019 (COVID-19), a novel severe | ||||||
| 6 | acute respiratory illness that spreads rapidly through | ||||||
| 7 | respiratory transmissions, and the need to regulate the number | ||||||
| 8 | of individuals entering a Secretary of State facility at any | ||||||
| 9 | one time in order to prevent the spread of the disease, the | ||||||
| 10 | Secretary of State is hereby given the authority to adopt | ||||||
| 11 | emergency rulemakings, as provided under subsection (b), and to | ||||||
| 12 | adopt permanent administrative rules extending until no later | ||||||
| 13 | than June 30, 2021, the expiration dates of driver's licenses, | ||||||
| 14 | driving permits, monitoring device driving permits, restricted | ||||||
| 15 | driving permits, identification cards, disabled parking | ||||||
| 16 | placards and decals, and vehicle registrations that were issued | ||||||
| 17 | with expiration dates on or after January 1, 2020. If as of May | ||||||
| 18 | 1, 2021, there remains in effect a proclamation issued by the | ||||||
| 19 | Governor of the State of Illinois declaring a statewide | ||||||
| 20 | disaster in response to the outbreak of COVID-19, the Secretary | ||||||
| 21 | may further extend such expiration dates until no later than | ||||||
| 22 | December 31, 2021. Upon the Governor of the State of Illinois | ||||||
| 23 | issuing a statewide disaster proclamation based on a health | ||||||
| 24 | pandemic or similar emergency, the Secretary may extend for the | ||||||
| 25 | duration of the proclaimed disaster and for up to a period of | ||||||
| |||||||
| |||||||
| 1 | 120 days beyond the expiration of the disaster proclamation: | ||||||
| 2 | (1) the expiration dates of driver's licenses, driving | ||||||
| 3 | permits, identification cards, disabled parking placards | ||||||
| 4 | and decals, and vehicle registrations; and | ||||||
| 5 | (2) the expiration dates of professional licenses, | ||||||
| 6 | registrations, certifications and commissions issued by | ||||||
| 7 | the Secretary, including but not limited to, vehicle | ||||||
| 8 | dealership licenses, commercial driver training school | ||||||
| 9 | licenses, and securities, broker and investment adviser | ||||||
| 10 | registrations. | ||||||
| 11 | After the initial 120-day extension, the Secretary may | ||||||
| 12 | adopt subsequent 30-day extensions only upon a determination | ||||||
| 13 | that circumstances necessitate additional extensions. The | ||||||
| 14 | Secretary must adopt any subsequent 30-day extension prior to | ||||||
| 15 | the previous lapsing. | ||||||
| 16 | (a-5) During the period of any extensions implemented | ||||||
| 17 | pursuant to this Section, all driver's licenses, driving | ||||||
| 18 | permits, monitoring device driving permits, restricted driving | ||||||
| 19 | permits, identification cards, disabled parking placards and | ||||||
| 20 | decals, and vehicle registrations shall be subject to any terms | ||||||
| 21 | and conditions under which the original document was issued. | ||||||
| 22 | (b) To provide for the expeditious and timely | ||||||
| 23 | implementation of this amendatory Act of the 101st General | ||||||
| 24 | Assembly, any emergency rules to implement the extension | ||||||
| 25 | provisions of this Section must be adopted by the Secretary of | ||||||
| 26 | State, subject to the provisions of Section 5-45 of the | ||||||
| |||||||
| |||||||
| 1 | Illinois Administrative Procedure Act. Any such rule shall: | ||||||
| 2 | (1) (blank); identify the disaster proclamation | ||||||
| 3 | authorizing the rulemaking; | ||||||
| 4 | (2) set forth the expirations being extended (for | ||||||
| 5 | example, "this extension shall apply to all driver's | ||||||
| 6 | licenses, driving permits, monitoring device driving | ||||||
| 7 | permits, restricted driving permits, identification cards, | ||||||
| 8 | disabled parking placards and decals, and vehicle | ||||||
| 9 | registrations expiring on [date] through [date]"); and | ||||||
| 10 | (3) set forth the date on which the extension period | ||||||
| 11 | becomes effective, and the date on which the extension will | ||||||
| 12 | terminate if not extended by subsequent emergency | ||||||
| 13 | rulemaking. | ||||||
| 14 | (c) Where the renewal of any driver's license, driving | ||||||
| 15 | permit, monitoring device driving permit, restricted driving | ||||||
| 16 | permit, identification card, disabled parking placard or | ||||||
| 17 | decal, or vehicle registration, or professional license, | ||||||
| 18 | registration, certification or commission has been extended | ||||||
| 19 | pursuant to this Section, it shall be renewed during the period | ||||||
| 20 | of an extension. Any such renewal shall be from the original | ||||||
| 21 | expiration date and shall be subject to the full fee which | ||||||
| 22 | would have been due had the renewal been issued based on the | ||||||
| 23 | original expiration date, except that no late filing fees or | ||||||
| 24 | penalties shall be imposed. | ||||||
| 25 | (d) All law enforcement agencies in the State of Illinois | ||||||
| 26 | and all State and local governmental entities shall recognize | ||||||
| |||||||
| |||||||
| 1 | the validity of, and give full legal force to, extensions | ||||||
| 2 | granted pursuant to this Section. | ||||||
| 3 | (e) Upon the request of any person or entity whose driver's | ||||||
| 4 | license, driving permit, monitoring device driving permit, | ||||||
| 5 | restricted driving permit, identification card, disabled | ||||||
| 6 | parking placard or decal, or vehicle registration, or | ||||||
| 7 | professional license, registration, certification or | ||||||
| 8 | commission has been subject to an extension under this Section, | ||||||
| 9 | the Secretary shall issue a statement verifying the extension | ||||||
| 10 | was issued pursuant to Illinois law, and requesting any foreign | ||||||
| 11 | jurisdiction to honor the extension. | ||||||
| 12 | (f) This Section is repealed on January 1, 2022 June 30, | ||||||
| 13 | 2021.
| ||||||
| 14 | (Source: P.A. 101-640, eff. 6-12-20.)
| ||||||
| 15 | Section 15. The Department of Commerce and Economic | ||||||
| 16 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
| 17 | amended by changing Section 605-1047 and by adding Section | ||||||
| 18 | 605-1045.1 as follows:
| ||||||
| 19 | (20 ILCS 605/605-1045.1 new) | ||||||
| 20 | Sec. 605-1045.1. Restore Illinois Collaborative | ||||||
| 21 | Commission. The General Assembly finds and declares that this | ||||||
| 22 | amendatory Act of the 101st General Assembly manifests the | ||||||
| 23 | intention of the General Assembly to extend the repeal of | ||||||
| 24 | Section 605-1045. Section 605-1045 as enacted and reenacted in | ||||||
| |||||||
| |||||||
| 1 | this Section shall be deemed to have been in continuous effect | ||||||
| 2 | since June 12, 2020 and it shall continue to be in effect | ||||||
| 3 | henceforward until it is otherwise lawfully repealed. All | ||||||
| 4 | previously enacted amendments to this Section taking effect on | ||||||
| 5 | or after June 12, 2020, are hereby validated. All actions taken | ||||||
| 6 | in reliance on the continuing effect of Section 605-1045 by any | ||||||
| 7 | person or entity are hereby validated. In order to ensure the | ||||||
| 8 | continuing effectiveness of this Section, it is set forth in | ||||||
| 9 | full and reenacted by this amendatory Act of the 101st General | ||||||
| 10 | Assembly. This reenactment is intended as a continuation of | ||||||
| 11 | this Section. It is not intended to supersede any amendment to | ||||||
| 12 | this Section that is enacted by the 101st General Assembly. | ||||||
| 13 | (a) The General Assembly hereby finds and declares that the | ||||||
| 14 | State is confronted with a public health crisis that has | ||||||
| 15 | created unprecedented challenges for the State's diverse | ||||||
| 16 | economic base. In light of this crisis, and the heightened need | ||||||
| 17 | for collaboration between the legislative and executive | ||||||
| 18 | branches, the General Assembly hereby establishes the Restore | ||||||
| 19 | Illinois Collaborative Commission. The members of the | ||||||
| 20 | Commission will participate in and provide input on plans to | ||||||
| 21 | revive the various sectors of the State's economy in the wake | ||||||
| 22 | of the COVID-19 pandemic. | ||||||
| 23 | (b) The Department may request meetings be convened to | ||||||
| 24 | address revitalization efforts for the various sectors of the | ||||||
| 25 | State's economy. Such meetings may include public | ||||||
| 26 | participation as determined by the Commission. | ||||||
| |||||||
| |||||||
| 1 | (c) The Department shall provide a written report to the | ||||||
| 2 | commission and the General Assembly not less than every 30 days | ||||||
| 3 | regarding the status of current and proposed revitalization | ||||||
| 4 | efforts. The written report shall include applicable metrics | ||||||
| 5 | that demonstrate progress on recovery efforts, as well as any | ||||||
| 6 | additional information as requested by the Commission. The | ||||||
| 7 | first report shall be delivered by July 1, 2020. The report to | ||||||
| 8 | the General Assembly shall be delivered to all members, in | ||||||
| 9 | addition to complying with the requirements of Section 3.1 of | ||||||
| 10 | the General Assembly Organization Act. | ||||||
| 11 | (d) The Restore Illinois Collaborative Commission shall | ||||||
| 12 | consist of 14 members, appointed as follows: | ||||||
| 13 | (1) four members of the House of Representatives | ||||||
| 14 | appointed by the Speaker of the House of Representatives; | ||||||
| 15 | (2) four members of the Senate appointed by the Senate | ||||||
| 16 | President; | ||||||
| 17 | (3) three members of the House of Representatives | ||||||
| 18 | appointed by the Minority Leader of the House of | ||||||
| 19 | Representatives; and | ||||||
| 20 | (4) three members of the Senate appointed by the Senate | ||||||
| 21 | Minority Leader. | ||||||
| 22 | (e) The Speaker of the House of Representatives and the | ||||||
| 23 | Senate President shall each appoint one member of the | ||||||
| 24 | Commission to serve as a Co-Chair. The Co-Chairs may convene | ||||||
| 25 | meetings of the Commission. The members of the Commission shall | ||||||
| 26 | serve without compensation. | ||||||
| |||||||
| |||||||
| 1 | (f) This Section is repealed January 1, 2022.
| ||||||
| 2 | (20 ILCS 605/605-1047) | ||||||
| 3 | Sec. 605-1047 605-1045. Local Coronavirus Urgent | ||||||
| 4 | Remediation Emergency (or Local CURE) Support Program. | ||||||
| 5 | (a) Purpose. The Department may receive, directly or | ||||||
| 6 | indirectly, federal funds from the Coronavirus Relief Fund | ||||||
| 7 | provided to the State pursuant to Section 5001 of the federal | ||||||
| 8 | Coronavirus Aid, Relief, and Economic Security (CARES) Act to | ||||||
| 9 | provide financial support to units of local government for | ||||||
| 10 | purposes authorized by Section 5001 of the federal Coronavirus | ||||||
| 11 | Aid, Relief, and Economic Security (CARES) Act and related | ||||||
| 12 | federal guidance. Upon receipt of such funds, and | ||||||
| 13 | appropriations for their use, the Department shall administer a | ||||||
| 14 | Local Coronavirus Urgent Remediation Emergency (or Local CURE) | ||||||
| 15 | Support Program to provide financial support to units of local | ||||||
| 16 | government that have incurred necessary expenditures due to the | ||||||
| 17 | COVID-19 public health emergency. The Department shall provide | ||||||
| 18 | by rule the administrative framework for the Local CURE Support | ||||||
| 19 | Program. | ||||||
| 20 | (b) Allocations. A portion of the funds appropriated for | ||||||
| 21 | the Local CURE Support Program may be allotted to | ||||||
| 22 | municipalities and counties based on proportionate population. | ||||||
| 23 | Units of local government, or portions thereof, located within | ||||||
| 24 | the five Illinois counties that received direct allotments from | ||||||
| 25 | the federal Coronavirus Relief Fund will not be included in the | ||||||
| |||||||
| |||||||
| 1 | support program allotments. The Department may establish other | ||||||
| 2 | administrative procedures for providing financial support to | ||||||
| 3 | units of local government. Appropriated funds may be used for | ||||||
| 4 | administration of the support program, including the hiring of | ||||||
| 5 | a service provider to assist with coordination and | ||||||
| 6 | administration. | ||||||
| 7 | (c) Administrative Procedures. The Department may | ||||||
| 8 | establish administrative procedures for the support program, | ||||||
| 9 | including any application procedures, grant agreements, | ||||||
| 10 | certifications, payment methodologies, and other | ||||||
| 11 | accountability measures that may be imposed upon recipients of | ||||||
| 12 | funds under the grant program. Financial support may be | ||||||
| 13 | provided in the form of grants or in the form of expense | ||||||
| 14 | reimbursements for disaster-related expenditures. The | ||||||
| 15 | emergency rulemaking process may be used to promulgate the | ||||||
| 16 | initial rules of the grant program. | ||||||
| 17 | (d) Definitions. As used in this Section: | ||||||
| 18 | (1) "COVID-19" means the novel coronavirus virus | ||||||
| 19 | disease deemed COVID-19 by the World Health Organization on | ||||||
| 20 | February 11, 2020. | ||||||
| 21 | (2) "Local government" or "unit of local government" | ||||||
| 22 | means any unit of local government as defined in Article | ||||||
| 23 | VII, Section 1 of the Illinois Constitution. | ||||||
| 24 | (3) "Third party administrator" means a service | ||||||
| 25 | provider selected by the Department to provide operational | ||||||
| 26 | assistance with the administration of the support program. | ||||||
| |||||||
| |||||||
| 1 | (e) Powers of the Department. The Department has the power | ||||||
| 2 | to: | ||||||
| 3 | (1) Provide financial support to eligible units of | ||||||
| 4 | local government with funds appropriated from the Local | ||||||
| 5 | Coronavirus Urgent Remediation Emergency (Local CURE) Fund | ||||||
| 6 | to cover necessary costs incurred due to the COVID-19 | ||||||
| 7 | public health emergency that are eligible to be paid using | ||||||
| 8 | federal funds from the Coronavirus Relief Fund. | ||||||
| 9 | (2) Enter into agreements, accept funds, issue grants | ||||||
| 10 | or expense reimbursements, and engage in cooperation with | ||||||
| 11 | agencies of the federal government and units of local | ||||||
| 12 | governments to carry out the purposes of this support | ||||||
| 13 | program, and to use funds appropriated from the Local | ||||||
| 14 | Coronavirus Urgent Remediation Emergency (Local CURE) Fund | ||||||
| 15 | fund upon such terms and conditions as may be established | ||||||
| 16 | by the federal government and the Department. | ||||||
| 17 | (3) Enter into agreements with third-party | ||||||
| 18 | administrators to assist the state with operational | ||||||
| 19 | assistance and administrative functions related to review | ||||||
| 20 | of documentation and processing of financial support | ||||||
| 21 | payments to units of local government. | ||||||
| 22 | (4) Establish applications, notifications, contracts, | ||||||
| 23 | and procedures and adopt rules deemed necessary and | ||||||
| 24 | appropriate to carry out the provisions of this Section. To | ||||||
| 25 | provide for the expeditious and timely implementation of | ||||||
| 26 | this Act, emergency rules to implement any provision of | ||||||
| |||||||
| |||||||
| 1 | this Section may be adopted by the Department subject to | ||||||
| 2 | the provisions of Section 5-45 of the Illinois | ||||||
| 3 | Administrative Procedure Act. | ||||||
| 4 | (5) Provide staff, administration, and related support | ||||||
| 5 | required to manage the support program and pay for the | ||||||
| 6 | staffing, administration, and related support with funds | ||||||
| 7 | appropriated from the Local Coronavirus Urgent Remediation | ||||||
| 8 | Emergency (Local CURE) Fund. | ||||||
| 9 | (6) Exercise such other powers as are necessary or | ||||||
| 10 | incidental to the foregoing. | ||||||
| 11 | (f) Local CURE Financial Support to Local Governments.
The | ||||||
| 12 | Department is authorized to provide financial support to | ||||||
| 13 | eligible units of local government including, but not limited | ||||||
| 14 | to, certified local health departments for necessary costs | ||||||
| 15 | incurred due to the COVID-19 public health emergency that are | ||||||
| 16 | eligible to be paid using federal funds from the Coronavirus | ||||||
| 17 | Relief Fund. | ||||||
| 18 | (1) Financial support funds may be used by a unit of | ||||||
| 19 | local government only for payment of costs permitted to be | ||||||
| 20 | covered with monies from the Coronavirus Relief Fund | ||||||
| 21 | pursuant to Section 601(d)(3) of the Social Security Act, | ||||||
| 22 | as amended, or any other federal law that: (i) are | ||||||
| 23 | necessary expenditures incurred due to the public health | ||||||
| 24 | emergency of COVID-19; (ii) were not accounted for in the | ||||||
| 25 | most recent budget approved as of March 27, 2020 for the | ||||||
| 26 | unit of local government; and (iii) were incurred between | ||||||
| |||||||
| |||||||
| 1 | March 1, 2020 and December 30, 2020. | ||||||
| 2 | (2) A unit of local government receiving financial | ||||||
| 3 | support funds under this program shall certify to the | ||||||
| 4 | Department that it shall use the funds in accordance with | ||||||
| 5 | the requirements of paragraph (1) and that any funds | ||||||
| 6 | received but not used for such purposes shall be repaid to | ||||||
| 7 | the Department. | ||||||
| 8 | (3) The Department shall make the determination to | ||||||
| 9 | provide financial support funds to a unit of local | ||||||
| 10 | government on the basis of criteria established by the | ||||||
| 11 | Department.
| ||||||
| 12 | (Source: P.A. 101-636, eff. 6-10-20; revised 8-3-20.)
| ||||||
| 13 | Section 20. The General Assembly Organization Act is | ||||||
| 14 | amended by changing Section 1 as follows:
| ||||||
| 15 | (25 ILCS 5/1) (from Ch. 63, par. 1)
| ||||||
| 16 | Sec. 1.
(a) The That the sessions of the General Assembly | ||||||
| 17 | shall
be held at the seat of government: Provided, that the | ||||||
| 18 | Governor may convene
the General Assembly at some other place | ||||||
| 19 | when it is necessary, in case of
pestilence or public danger. | ||||||
| 20 | (b) In case of pestilence or public danger, such that | ||||||
| 21 | in-person participation poses a significant risk to the health | ||||||
| 22 | or safety of General Assembly members, General Assembly staff, | ||||||
| 23 | or the public-at-large, members may participate remotely and | ||||||
| 24 | cast votes in sessions, by joint proclamation of the Speaker of | ||||||
| |||||||
| |||||||
| 1 | the House of Representatives and the President of the Senate. | ||||||
| 2 | Committees of either the House of Representatives or Senate may | ||||||
| 3 | meet and members may participate remotely pursuant to the rules | ||||||
| 4 | of the chamber. The House of Representatives and the Senate | ||||||
| 5 | shall adopt rules for remote participation. The rules of the | ||||||
| 6 | chamber may or may not require that a quorum of the members be | ||||||
| 7 | physically present at the location of the session or the | ||||||
| 8 | committee meeting, and may allow a quorum to be established | ||||||
| 9 | remotely. This subsection and subsection (c) shall be | ||||||
| 10 | inoperative on and after January 11, 2023. | ||||||
| 11 | (c) As used in this Section, "participate remotely" means | ||||||
| 12 | simultaneous, interactive participation in session or | ||||||
| 13 | committee meetings by members not physically present, through | ||||||
| 14 | means of communication technologies designed to accommodate | ||||||
| 15 | and facilitate such simultaneous, interactive participation | ||||||
| 16 | and allow the public to view such meetings or sessions.
| ||||||
| 17 | (Source: R.S. 1874, p. 555.)
| ||||||
| 18 | Section 23. The Legislative Commission Reorganization Act | ||||||
| 19 | of 1984 is amended by changing Section 1-5 as follows:
| ||||||
| 20 | (25 ILCS 130/1-5) (from Ch. 63, par. 1001-5) | ||||||
| 21 | Sec. 1-5. Composition of agencies; directors.
| ||||||
| 22 | (a)
The Boards of the Joint Committee on Administrative | ||||||
| 23 | Rules, the Commission on Government Forecasting and | ||||||
| 24 | Accountability, and the Legislative Audit Commission Committee | ||||||
| |||||||
| |||||||
| 1 | shall each
consist of 12 members of the General Assembly, of | ||||||
| 2 | whom 3 shall be appointed by
the President of the Senate, 3 | ||||||
| 3 | shall be appointed by the Minority Leader of the
Senate, 3 | ||||||
| 4 | shall be appointed by the Speaker of the House of | ||||||
| 5 | Representatives,
and 3 shall be appointed by the Minority | ||||||
| 6 | Leader of the House of
Representatives. All appointments shall | ||||||
| 7 | be in writing and filed with the
Secretary of State as a public | ||||||
| 8 | record.
| ||||||
| 9 | Members shall serve a 2-year term, and must be appointed by
| ||||||
| 10 | the Joint
Committee during the month of January in each | ||||||
| 11 | odd-numbered year for terms
beginning February 1. Any vacancy | ||||||
| 12 | in an Agency shall be filled by appointment
for the balance of | ||||||
| 13 | the term in the same manner as the original appointment. A
| ||||||
| 14 | vacancy shall exist when a member no longer holds the elected | ||||||
| 15 | legislative
office held at the time of the appointment or at | ||||||
| 16 | the termination of the
member's legislative service.
| ||||||
| 17 | During the month of February of each odd-numbered year, the | ||||||
| 18 | Joint Committee on Legislative Support Services shall select | ||||||
| 19 | from the members of the Board of each Agency 2 co-chairpersons | ||||||
| 20 | and such other officers as the Joint Committee deems necessary. | ||||||
| 21 | The co-chairpersons of each Board shall serve for a 2-year | ||||||
| 22 | term, beginning February 1 of the odd-numbered year, and the 2 | ||||||
| 23 | co-chairpersons shall not be members of or identified with the | ||||||
| 24 | same house or the same political party. | ||||||
| 25 | Each Board shall meet twice annually or more often upon the | ||||||
| 26 | call of the chair or any 9 members. A quorum of the Board shall | ||||||
| |||||||
| |||||||
| 1 | consist of a majority of the appointed members. | ||||||
| 2 | Notwithstanding any other provision of law, in times of | ||||||
| 3 | pestilence or public danger, such that in-person participation | ||||||
| 4 | poses a significant risk to the health or safety of Board | ||||||
| 5 | members, Board staff, or the public-at-large, by agreement of | ||||||
| 6 | the co-chairs of the respective Board, members of a Board under | ||||||
| 7 | this subsection may participate remotely and cast votes in a | ||||||
| 8 | hearing. Each Board shall adopt rules for remote participation. | ||||||
| 9 | As used in this Section, "participate remotely" means | ||||||
| 10 | simultaneous, interactive participation in Board meetings by | ||||||
| 11 | members not physically present, through means of communication | ||||||
| 12 | technologies designed to accommodate and facilitate such | ||||||
| 13 | simultaneous, interactive participation and where members of | ||||||
| 14 | the public may view such meetings. | ||||||
| 15 | (b) The Board of each of the following legislative support | ||||||
| 16 | agencies shall consist of the Secretary and Assistant Secretary | ||||||
| 17 | of the Senate and the Clerk and Assistant Clerk of the House of | ||||||
| 18 | Representatives: the Legislative Information System, the | ||||||
| 19 | Legislative Printing Unit, the Legislative Reference Bureau, | ||||||
| 20 | and the Office of the Architect of the Capitol. The | ||||||
| 21 | co-chairpersons of the Board of the Office of the Architect of | ||||||
| 22 | the Capitol shall be the Secretary of the Senate and the Clerk | ||||||
| 23 | of the House of Representatives, each ex officio.
| ||||||
| 24 | The Chairperson of each of the other Boards shall be the | ||||||
| 25 | member who is affiliated with the same caucus as the then | ||||||
| 26 | serving Chairperson of the Joint Committee on Legislative | ||||||
| |||||||
| |||||||
| 1 | Support Services. Each Board shall meet twice annually or more | ||||||
| 2 | often upon the call of the chair or any 3 members. A quorum of | ||||||
| 3 | the Board shall consist of a majority of the appointed members. | ||||||
| 4 | When the Board of the Office of the Architect of the | ||||||
| 5 | Capitol has cast a tied vote concerning the design, | ||||||
| 6 | implementation, or construction of a project within the | ||||||
| 7 | legislative complex, as defined in Section 8A-15, the Architect | ||||||
| 8 | of the Capitol may cast the tie-breaking vote. | ||||||
| 9 | (c) (Blank).
| ||||||
| 10 | (d) Members of each Agency shall serve without | ||||||
| 11 | compensation, but shall be
reimbursed for expenses incurred in | ||||||
| 12 | carrying out the duties of the Agency
pursuant to rules and | ||||||
| 13 | regulations adopted by the Joint Committee on
Legislative | ||||||
| 14 | Support Services.
| ||||||
| 15 | (e) Beginning February 1, 1985, and every 2 years | ||||||
| 16 | thereafter,
the Joint
Committee shall select an Executive | ||||||
| 17 | Director who shall be the chief
executive officer and staff | ||||||
| 18 | director of each Agency. The Executive Director
shall receive a | ||||||
| 19 | salary as fixed by the Joint Committee and shall be authorized
| ||||||
| 20 | to employ and fix the compensation of necessary professional, | ||||||
| 21 | technical
and secretarial staff and prescribe their duties, | ||||||
| 22 | sign contracts, and issue
vouchers for the payment of | ||||||
| 23 | obligations pursuant to rules and regulations
adopted by the | ||||||
| 24 | Joint Committee on Legislative Support Services. The
Executive | ||||||
| 25 | Director and other employees of the Agency shall not be subject
| ||||||
| 26 | to the Personnel Code.
| ||||||
| |||||||
| |||||||
| 1 | The executive director of the Office of the Architect of | ||||||
| 2 | the Capitol shall
be known as the Architect of the Capitol.
| ||||||
| 3 | (Source: P.A. 100-1148, eff. 12-10-18.)
| ||||||
| 4 | Section 25. The Property Tax Code is amended by changing | ||||||
| 5 | Sections 15-168, 15-169, and 15-172 as follows:
| ||||||
| 6 | (35 ILCS 200/15-168) | ||||||
| 7 | Sec. 15-168. Homestead exemption for persons with | ||||||
| 8 | disabilities. | ||||||
| 9 | (a) Beginning with taxable year 2007, an
annual homestead | ||||||
| 10 | exemption is granted to persons with disabilities in
the amount | ||||||
| 11 | of $2,000, except as provided in subsection (c), to
be deducted | ||||||
| 12 | from the property's value as equalized or assessed
by the | ||||||
| 13 | Department of Revenue. The person with a disability shall | ||||||
| 14 | receive
the homestead exemption upon meeting the following
| ||||||
| 15 | requirements: | ||||||
| 16 | (1) The property must be occupied as the primary | ||||||
| 17 | residence by the person with a disability. | ||||||
| 18 | (2) The person with a disability must be liable for | ||||||
| 19 | paying the
real estate taxes on the property. | ||||||
| 20 | (3) The person with a disability must be an owner of | ||||||
| 21 | record of
the property or have a legal or equitable | ||||||
| 22 | interest in the
property as evidenced by a written | ||||||
| 23 | instrument. In the case
of a leasehold interest in | ||||||
| 24 | property, the lease must be for
a single family residence. | ||||||
| |||||||
| |||||||
| 1 | A person who has a disability during the taxable year
is | ||||||
| 2 | eligible to apply for this homestead exemption during that
| ||||||
| 3 | taxable year. Application must be made during the
application | ||||||
| 4 | period in effect for the county of residence. If a
homestead | ||||||
| 5 | exemption has been granted under this Section and the
person | ||||||
| 6 | awarded the exemption subsequently becomes a resident of
a | ||||||
| 7 | facility licensed under the Nursing Home Care Act, the | ||||||
| 8 | Specialized Mental Health Rehabilitation Act of 2013, the ID/DD | ||||||
| 9 | Community Care Act, or the MC/DD Act, then the
exemption shall | ||||||
| 10 | continue (i) so long as the residence continues
to be occupied | ||||||
| 11 | by the qualifying person's spouse or (ii) if the
residence | ||||||
| 12 | remains unoccupied but is still owned by the person
qualified | ||||||
| 13 | for the homestead exemption. | ||||||
| 14 | (b) For the purposes of this Section, "person with a | ||||||
| 15 | disability"
means a person unable to engage in any substantial | ||||||
| 16 | gainful activity by reason of a medically determinable physical | ||||||
| 17 | or mental impairment which can be expected to result in death | ||||||
| 18 | or has lasted or can be expected to last for a continuous | ||||||
| 19 | period of not less than 12 months. Persons with disabilities | ||||||
| 20 | filing claims under this Act shall submit proof of disability | ||||||
| 21 | in such form and manner as the Department shall by rule and | ||||||
| 22 | regulation prescribe. Proof that a claimant is eligible to | ||||||
| 23 | receive disability benefits under the Federal Social Security | ||||||
| 24 | Act shall constitute proof of disability for purposes of this | ||||||
| 25 | Act. Issuance of an Illinois Person with a Disability | ||||||
| 26 | Identification Card stating that the claimant is under a Class | ||||||
| |||||||
| |||||||
| 1 | 2 disability, as defined in Section 4A of the Illinois | ||||||
| 2 | Identification Card Act, shall constitute proof that the person | ||||||
| 3 | named thereon is a person with a disability for purposes of | ||||||
| 4 | this Act. A person with a disability not covered under the | ||||||
| 5 | Federal Social Security Act and not presenting an Illinois | ||||||
| 6 | Person with a Disability Identification Card stating that the | ||||||
| 7 | claimant is under a Class 2 disability shall be examined by a | ||||||
| 8 | physician, advanced practice registered nurse, or physician | ||||||
| 9 | assistant designated by the Department, and his status as a | ||||||
| 10 | person with a disability determined using the same standards as | ||||||
| 11 | used by the Social Security Administration. The costs of any | ||||||
| 12 | required examination shall be borne by the claimant. | ||||||
| 13 | (c) For land improved with (i) an apartment building owned
| ||||||
| 14 | and operated as a cooperative or (ii) a life care facility as
| ||||||
| 15 | defined under Section 2 of the Life Care Facilities Act that is
| ||||||
| 16 | considered to be a cooperative, the maximum reduction from the
| ||||||
| 17 | value of the property, as equalized or assessed by the
| ||||||
| 18 | Department, shall be multiplied by the number of apartments or
| ||||||
| 19 | units occupied by a person with a disability. The person with a | ||||||
| 20 | disability shall
receive the homestead exemption upon meeting | ||||||
| 21 | the following
requirements: | ||||||
| 22 | (1) The property must be occupied as the primary | ||||||
| 23 | residence by the
person with a disability. | ||||||
| 24 | (2) The person with a disability must be liable by | ||||||
| 25 | contract with
the owner or owners of record for paying the | ||||||
| 26 | apportioned
property taxes on the property of the | ||||||
| |||||||
| |||||||
| 1 | cooperative or life
care facility. In the case of a life | ||||||
| 2 | care facility, the
person with a disability must be liable | ||||||
| 3 | for paying the apportioned
property taxes under a life care | ||||||
| 4 | contract as defined in Section 2 of the Life Care | ||||||
| 5 | Facilities Act. | ||||||
| 6 | (3) The person with a disability must be an owner of | ||||||
| 7 | record of a
legal or equitable interest in the cooperative | ||||||
| 8 | apartment
building. A leasehold interest does not meet this
| ||||||
| 9 | requirement.
| ||||||
| 10 | If a homestead exemption is granted under this subsection, the
| ||||||
| 11 | cooperative association or management firm shall credit the
| ||||||
| 12 | savings resulting from the exemption to the apportioned tax
| ||||||
| 13 | liability of the qualifying person with a disability. The chief | ||||||
| 14 | county
assessment officer may request reasonable proof that the
| ||||||
| 15 | association or firm has properly credited the exemption. A
| ||||||
| 16 | person who willfully refuses to credit an exemption to the
| ||||||
| 17 | qualified person with a disability is guilty of a Class B | ||||||
| 18 | misdemeanor.
| ||||||
| 19 | (d) The chief county assessment officer shall determine the
| ||||||
| 20 | eligibility of property to receive the homestead exemption
| ||||||
| 21 | according to guidelines established by the Department. After a
| ||||||
| 22 | person has received an exemption under this Section, an annual
| ||||||
| 23 | verification of eligibility for the exemption shall be mailed
| ||||||
| 24 | to the taxpayer. | ||||||
| 25 | In counties with fewer than 3,000,000 inhabitants, the | ||||||
| 26 | chief county assessment officer shall provide to each
person | ||||||
| |||||||
| |||||||
| 1 | granted a homestead exemption under this Section a form
to | ||||||
| 2 | designate any other person to receive a duplicate of any
notice | ||||||
| 3 | of delinquency in the payment of taxes assessed and
levied | ||||||
| 4 | under this Code on the person's qualifying property. The
| ||||||
| 5 | duplicate notice shall be in addition to the notice required to
| ||||||
| 6 | be provided to the person receiving the exemption and shall be | ||||||
| 7 | given in the manner required by this Code. The person filing
| ||||||
| 8 | the request for the duplicate notice shall pay an
| ||||||
| 9 | administrative fee of $5 to the chief county assessment
| ||||||
| 10 | officer. The assessment officer shall then file the executed
| ||||||
| 11 | designation with the county collector, who shall issue the
| ||||||
| 12 | duplicate notices as indicated by the designation. A
| ||||||
| 13 | designation may be rescinded by the person with a disability in | ||||||
| 14 | the
manner required by the chief county assessment officer. | ||||||
| 15 | (d-5) Notwithstanding any other provision of law, each | ||||||
| 16 | chief county assessment officer may approve this exemption for | ||||||
| 17 | the 2020 and 2021 taxable years year, without application, for | ||||||
| 18 | any property that was approved for this exemption for the 2019 | ||||||
| 19 | taxable year, provided that: | ||||||
| 20 | (1) the county board has declared a local disaster as | ||||||
| 21 | provided in the Illinois Emergency Management Agency Act | ||||||
| 22 | related to the COVID-19 public health emergency; | ||||||
| 23 | (2) the owner of record of the property as of January 1 | ||||||
| 24 | of the taxable year January 1, 2020 is the same as the | ||||||
| 25 | owner of record of the property as of January 1, 2019; | ||||||
| 26 | (3) the exemption for the 2019 taxable year has not | ||||||
| |||||||
| |||||||
| 1 | been determined to be an erroneous exemption as defined by | ||||||
| 2 | this Code; and | ||||||
| 3 | (4) the applicant for the 2019 taxable year has not | ||||||
| 4 | asked for the exemption to be removed for the 2019, or | ||||||
| 5 | 2020, or 2021 taxable years. | ||||||
| 6 | (e) A taxpayer who claims an exemption under Section 15-165 | ||||||
| 7 | or 15-169 may not claim an exemption under this Section.
| ||||||
| 8 | (Source: P.A. 100-513, eff. 1-1-18; 101-635, eff. 6-5-20.)
| ||||||
| 9 | (35 ILCS 200/15-169) | ||||||
| 10 | Sec. 15-169. Homestead exemption for veterans with | ||||||
| 11 | disabilities. | ||||||
| 12 | (a) Beginning with taxable year 2007, an annual homestead | ||||||
| 13 | exemption, limited to the amounts set forth in subsections (b) | ||||||
| 14 | and (b-3), is granted for property that is used as a qualified | ||||||
| 15 | residence by a veteran with a disability. | ||||||
| 16 | (b) For taxable years prior to 2015, the amount of the | ||||||
| 17 | exemption under this Section is as follows: | ||||||
| 18 | (1) for veterans with a service-connected disability | ||||||
| 19 | of at least (i) 75% for exemptions granted in taxable years | ||||||
| 20 | 2007 through 2009 and (ii) 70% for exemptions granted in | ||||||
| 21 | taxable year 2010 and each taxable year thereafter, as | ||||||
| 22 | certified by the United States Department of Veterans | ||||||
| 23 | Affairs, the annual exemption is $5,000; and | ||||||
| 24 | (2) for veterans with a service-connected disability | ||||||
| 25 | of at least 50%, but less than (i) 75% for exemptions | ||||||
| |||||||
| |||||||
| 1 | granted in taxable years 2007 through 2009 and (ii) 70% for | ||||||
| 2 | exemptions granted in taxable year 2010 and each taxable | ||||||
| 3 | year thereafter, as certified by the United States | ||||||
| 4 | Department of Veterans Affairs, the annual exemption is | ||||||
| 5 | $2,500. | ||||||
| 6 | (b-3) For taxable years 2015 and thereafter: | ||||||
| 7 | (1) if the veteran has a service connected disability | ||||||
| 8 | of 30% or more but less than 50%, as certified by the | ||||||
| 9 | United States Department of Veterans Affairs, then the | ||||||
| 10 | annual exemption is $2,500; | ||||||
| 11 | (2) if the veteran has a service connected disability | ||||||
| 12 | of 50% or more but less than 70%, as certified by the | ||||||
| 13 | United States Department of Veterans Affairs, then the | ||||||
| 14 | annual exemption is $5,000; and | ||||||
| 15 | (3) if the veteran has a service connected disability | ||||||
| 16 | of 70% or more, as certified by the United States | ||||||
| 17 | Department of Veterans Affairs, then the property is exempt | ||||||
| 18 | from taxation under this Code. | ||||||
| 19 | (b-5) If a homestead exemption is granted under this | ||||||
| 20 | Section and the person awarded the exemption subsequently | ||||||
| 21 | becomes a resident of a facility licensed under the Nursing | ||||||
| 22 | Home Care Act or a facility operated by the United States | ||||||
| 23 | Department of Veterans Affairs, then the exemption shall | ||||||
| 24 | continue (i) so long as the residence continues to be occupied | ||||||
| 25 | by the qualifying person's spouse or (ii) if the residence | ||||||
| 26 | remains unoccupied but is still owned by the person who | ||||||
| |||||||
| |||||||
| 1 | qualified for the homestead exemption. | ||||||
| 2 | (c) The tax exemption under this Section carries over to | ||||||
| 3 | the benefit of the veteran's
surviving spouse as long as the | ||||||
| 4 | spouse holds the legal or
beneficial title to the homestead, | ||||||
| 5 | permanently resides
thereon, and does not remarry. If the | ||||||
| 6 | surviving spouse sells
the property, an exemption not to exceed | ||||||
| 7 | the amount granted
from the most recent ad valorem tax roll may | ||||||
| 8 | be transferred to
his or her new residence as long as it is | ||||||
| 9 | used as his or her
primary residence and he or she does not | ||||||
| 10 | remarry. | ||||||
| 11 | (c-1) Beginning with taxable year 2015, nothing in this | ||||||
| 12 | Section shall require the veteran to have qualified for or | ||||||
| 13 | obtained the exemption before death if the veteran was killed | ||||||
| 14 | in the line of duty. | ||||||
| 15 | (d) The exemption under this Section applies for taxable | ||||||
| 16 | year 2007 and thereafter. A taxpayer who claims an exemption | ||||||
| 17 | under Section 15-165 or 15-168 may not claim an exemption under | ||||||
| 18 | this Section. | ||||||
| 19 | (e) Each taxpayer who has been granted an exemption under | ||||||
| 20 | this Section must reapply on an annual basis. Application must | ||||||
| 21 | be made during the application period
in effect for the county | ||||||
| 22 | of his or her residence. The assessor
or chief county | ||||||
| 23 | assessment officer may determine the
eligibility of | ||||||
| 24 | residential property to receive the homestead
exemption | ||||||
| 25 | provided by this Section by application, visual
inspection, | ||||||
| 26 | questionnaire, or other reasonable methods. The
determination | ||||||
| |||||||
| |||||||
| 1 | must be made in accordance with guidelines
established by the | ||||||
| 2 | Department. | ||||||
| 3 | (e-1) If the person qualifying for the exemption does not | ||||||
| 4 | occupy the qualified residence as of January 1 of the taxable | ||||||
| 5 | year, the exemption granted under this Section shall be | ||||||
| 6 | prorated on a monthly basis. The prorated exemption shall apply | ||||||
| 7 | beginning with the first complete month in which the person | ||||||
| 8 | occupies the qualified residence. | ||||||
| 9 | (e-5) Notwithstanding any other provision of law, each | ||||||
| 10 | chief county assessment officer may approve this exemption for | ||||||
| 11 | the 2020 and 2021 taxable years year, without application, for | ||||||
| 12 | any property that was approved for this exemption for the 2019 | ||||||
| 13 | taxable year, provided that: | ||||||
| 14 | (1) the county board has declared a local disaster as | ||||||
| 15 | provided in the Illinois Emergency Management Agency Act | ||||||
| 16 | related to the COVID-19 public health emergency; | ||||||
| 17 | (2) the owner of record of the property as of January 1 | ||||||
| 18 | of the taxable year January 1, 2020 is the same as the | ||||||
| 19 | owner of record of the property as of January 1, 2019; | ||||||
| 20 | (3) the exemption for the 2019 taxable year has not | ||||||
| 21 | been determined to be an erroneous exemption as defined by | ||||||
| 22 | this Code; and | ||||||
| 23 | (4) the applicant for the 2019 taxable year has not | ||||||
| 24 | asked for the exemption to be removed for the 2019, or | ||||||
| 25 | 2020, or 2021 taxable years. | ||||||
| 26 | Nothing in this subsection shall preclude a veteran whose | ||||||
| |||||||
| |||||||
| 1 | service connected disability rating has changed since the 2019 | ||||||
| 2 | exemption was granted from applying for the exemption based on | ||||||
| 3 | the subsequent service connected disability rating. | ||||||
| 4 | (f) For the purposes of this Section: | ||||||
| 5 | "Qualified residence" means real
property, but less any | ||||||
| 6 | portion of that property that is used for
commercial purposes, | ||||||
| 7 | with an equalized assessed value of less than $250,000 that is | ||||||
| 8 | the primary residence of a veteran with a disability. Property | ||||||
| 9 | rented for more than 6 months is
presumed to be used for | ||||||
| 10 | commercial purposes. | ||||||
| 11 | "Veteran" means an Illinois resident who has served as a
| ||||||
| 12 | member of the United States Armed Forces on active duty or
| ||||||
| 13 | State active duty, a member of the Illinois National Guard, or
| ||||||
| 14 | a member of the United States Reserve Forces and who has | ||||||
| 15 | received an honorable discharge. | ||||||
| 16 | (Source: P.A. 100-869, eff. 8-14-18; 101-635, eff. 6-5-20.)
| ||||||
| 17 | (35 ILCS 200/15-172)
| ||||||
| 18 | Sec. 15-172. Senior Citizens Assessment Freeze Homestead | ||||||
| 19 | Exemption.
| ||||||
| 20 | (a) This Section may be cited as the Senior Citizens | ||||||
| 21 | Assessment
Freeze Homestead Exemption.
| ||||||
| 22 | (b) As used in this Section:
| ||||||
| 23 | "Applicant" means an individual who has filed an | ||||||
| 24 | application under this
Section.
| ||||||
| 25 | "Base amount" means the base year equalized assessed value | ||||||
| |||||||
| |||||||
| 1 | of the residence
plus the first year's equalized assessed value | ||||||
| 2 | of any added improvements which
increased the assessed value of | ||||||
| 3 | the residence after the base year.
| ||||||
| 4 | "Base year" means the taxable year prior to the taxable | ||||||
| 5 | year for which the
applicant first qualifies and applies for | ||||||
| 6 | the exemption provided that in the
prior taxable year the | ||||||
| 7 | property was improved with a permanent structure that
was | ||||||
| 8 | occupied as a residence by the applicant who was liable for | ||||||
| 9 | paying real
property taxes on the property and who was either | ||||||
| 10 | (i) an owner of record of the
property or had legal or | ||||||
| 11 | equitable interest in the property as evidenced by a
written | ||||||
| 12 | instrument or (ii) had a legal or equitable interest as a | ||||||
| 13 | lessee in the
parcel of property that was single family | ||||||
| 14 | residence.
If in any subsequent taxable year for which the | ||||||
| 15 | applicant applies and
qualifies for the exemption the equalized | ||||||
| 16 | assessed value of the residence is
less than the equalized | ||||||
| 17 | assessed value in the existing base year
(provided that such | ||||||
| 18 | equalized assessed value is not
based
on an
assessed value that | ||||||
| 19 | results from a temporary irregularity in the property that
| ||||||
| 20 | reduces the
assessed value for one or more taxable years), then | ||||||
| 21 | that
subsequent taxable year shall become the base year until a | ||||||
| 22 | new base year is
established under the terms of this paragraph. | ||||||
| 23 | For taxable year 1999 only, the
Chief County Assessment Officer | ||||||
| 24 | shall review (i) all taxable years for which
the
applicant | ||||||
| 25 | applied and qualified for the exemption and (ii) the existing | ||||||
| 26 | base
year.
The assessment officer shall select as the new base | ||||||
| |||||||
| |||||||
| 1 | year the year with the
lowest equalized assessed value.
An | ||||||
| 2 | equalized assessed value that is based on an assessed value | ||||||
| 3 | that results
from a
temporary irregularity in the property that | ||||||
| 4 | reduces the assessed value for one
or more
taxable years shall | ||||||
| 5 | not be considered the lowest equalized assessed value.
The | ||||||
| 6 | selected year shall be the base year for
taxable year 1999 and | ||||||
| 7 | thereafter until a new base year is established under the
terms | ||||||
| 8 | of this paragraph.
| ||||||
| 9 | "Chief County Assessment Officer" means the County | ||||||
| 10 | Assessor or Supervisor of
Assessments of the county in which | ||||||
| 11 | the property is located.
| ||||||
| 12 | "Equalized assessed value" means the assessed value as | ||||||
| 13 | equalized by the
Illinois Department of Revenue.
| ||||||
| 14 | "Household" means the applicant, the spouse of the | ||||||
| 15 | applicant, and all persons
using the residence of the applicant | ||||||
| 16 | as their principal place of residence.
| ||||||
| 17 | "Household income" means the combined income of the members | ||||||
| 18 | of a household
for the calendar year preceding the taxable | ||||||
| 19 | year.
| ||||||
| 20 | "Income" has the same meaning as provided in Section 3.07 | ||||||
| 21 | of the Senior
Citizens and Persons with Disabilities Property | ||||||
| 22 | Tax Relief
Act, except that, beginning in assessment year 2001, | ||||||
| 23 | "income" does not
include veteran's benefits.
| ||||||
| 24 | "Internal Revenue Code of 1986" means the United States | ||||||
| 25 | Internal Revenue Code
of 1986 or any successor law or laws | ||||||
| 26 | relating to federal income taxes in effect
for the year | ||||||
| |||||||
| |||||||
| 1 | preceding the taxable year.
| ||||||
| 2 | "Life care facility that qualifies as a cooperative" means | ||||||
| 3 | a facility as
defined in Section 2 of the Life Care Facilities | ||||||
| 4 | Act.
| ||||||
| 5 | "Maximum income limitation" means: | ||||||
| 6 | (1) $35,000 prior
to taxable year 1999; | ||||||
| 7 | (2) $40,000 in taxable years 1999 through 2003; | ||||||
| 8 | (3) $45,000 in taxable years 2004 through 2005; | ||||||
| 9 | (4) $50,000 in taxable years 2006 and 2007; | ||||||
| 10 | (5) $55,000 in taxable years 2008 through 2016;
| ||||||
| 11 | (6) for taxable year 2017, (i) $65,000 for qualified | ||||||
| 12 | property located in a county with 3,000,000 or more | ||||||
| 13 | inhabitants and (ii) $55,000 for qualified property | ||||||
| 14 | located in a county with fewer than 3,000,000 inhabitants; | ||||||
| 15 | and | ||||||
| 16 | (7) for taxable years 2018 and thereafter, $65,000 for | ||||||
| 17 | all qualified property. | ||||||
| 18 | "Residence" means the principal dwelling place and | ||||||
| 19 | appurtenant structures
used for residential purposes in this | ||||||
| 20 | State occupied on January 1 of the
taxable year by a household | ||||||
| 21 | and so much of the surrounding land, constituting
the parcel | ||||||
| 22 | upon which the dwelling place is situated, as is used for
| ||||||
| 23 | residential purposes. If the Chief County Assessment Officer | ||||||
| 24 | has established a
specific legal description for a portion of | ||||||
| 25 | property constituting the
residence, then that portion of | ||||||
| 26 | property shall be deemed the residence for the
purposes of this | ||||||
| |||||||
| |||||||
| 1 | Section.
| ||||||
| 2 | "Taxable year" means the calendar year during which ad | ||||||
| 3 | valorem property taxes
payable in the next succeeding year are | ||||||
| 4 | levied.
| ||||||
| 5 | (c) Beginning in taxable year 1994, a senior citizens | ||||||
| 6 | assessment freeze
homestead exemption is granted for real | ||||||
| 7 | property that is improved with a
permanent structure that is | ||||||
| 8 | occupied as a residence by an applicant who (i) is
65 years of | ||||||
| 9 | age or older during the taxable year, (ii) has a household | ||||||
| 10 | income that does not exceed the maximum income limitation, | ||||||
| 11 | (iii) is liable for paying real property taxes on
the
property, | ||||||
| 12 | and (iv) is an owner of record of the property or has a legal or
| ||||||
| 13 | equitable interest in the property as evidenced by a written | ||||||
| 14 | instrument. This
homestead exemption shall also apply to a | ||||||
| 15 | leasehold interest in a parcel of
property improved with a | ||||||
| 16 | permanent structure that is a single family residence
that is | ||||||
| 17 | occupied as a residence by a person who (i) is 65 years of age | ||||||
| 18 | or older
during the taxable year, (ii) has a household income | ||||||
| 19 | that does not exceed the maximum income limitation,
(iii)
has a | ||||||
| 20 | legal or equitable ownership interest in the property as | ||||||
| 21 | lessee, and (iv)
is liable for the payment of real property | ||||||
| 22 | taxes on that property.
| ||||||
| 23 | In counties of 3,000,000 or more inhabitants, the amount of | ||||||
| 24 | the exemption for all taxable years is the equalized assessed | ||||||
| 25 | value of the
residence in the taxable year for which | ||||||
| 26 | application is made minus the base
amount. In all other | ||||||
| |||||||
| |||||||
| 1 | counties, the amount of the exemption is as follows: (i) | ||||||
| 2 | through taxable year 2005 and for taxable year 2007 and | ||||||
| 3 | thereafter, the amount of this exemption shall be the equalized | ||||||
| 4 | assessed value of the
residence in the taxable year for which | ||||||
| 5 | application is made minus the base
amount; and (ii) for
taxable | ||||||
| 6 | year 2006, the amount of the exemption is as follows:
| ||||||
| 7 | (1) For an applicant who has a household income of | ||||||
| 8 | $45,000 or less, the amount of the exemption is the | ||||||
| 9 | equalized assessed value of the
residence in the taxable | ||||||
| 10 | year for which application is made minus the base
amount. | ||||||
| 11 | (2) For an applicant who has a household income | ||||||
| 12 | exceeding $45,000 but not exceeding $46,250, the amount of | ||||||
| 13 | the exemption is (i) the equalized assessed value of the
| ||||||
| 14 | residence in the taxable year for which application is made | ||||||
| 15 | minus the base
amount (ii) multiplied by 0.8. | ||||||
| 16 | (3) For an applicant who has a household income | ||||||
| 17 | exceeding $46,250 but not exceeding $47,500, the amount of | ||||||
| 18 | the exemption is (i) the equalized assessed value of the
| ||||||
| 19 | residence in the taxable year for which application is made | ||||||
| 20 | minus the base
amount (ii) multiplied by 0.6. | ||||||
| 21 | (4) For an applicant who has a household income | ||||||
| 22 | exceeding $47,500 but not exceeding $48,750, the amount of | ||||||
| 23 | the exemption is (i) the equalized assessed value of the
| ||||||
| 24 | residence in the taxable year for which application is made | ||||||
| 25 | minus the base
amount (ii) multiplied by 0.4. | ||||||
| 26 | (5) For an applicant who has a household income | ||||||
| |||||||
| |||||||
| 1 | exceeding $48,750 but not exceeding $50,000, the amount of | ||||||
| 2 | the exemption is (i) the equalized assessed value of the
| ||||||
| 3 | residence in the taxable year for which application is made | ||||||
| 4 | minus the base
amount (ii) multiplied by 0.2.
| ||||||
| 5 | When the applicant is a surviving spouse of an applicant | ||||||
| 6 | for a prior year for
the same residence for which an exemption | ||||||
| 7 | under this Section has been granted,
the base year and base | ||||||
| 8 | amount for that residence are the same as for the
applicant for | ||||||
| 9 | the prior year.
| ||||||
| 10 | Each year at the time the assessment books are certified to | ||||||
| 11 | the County Clerk,
the Board of Review or Board of Appeals shall | ||||||
| 12 | give to the County Clerk a list
of the assessed values of | ||||||
| 13 | improvements on each parcel qualifying for this
exemption that | ||||||
| 14 | were added after the base year for this parcel and that
| ||||||
| 15 | increased the assessed value of the property.
| ||||||
| 16 | In the case of land improved with an apartment building | ||||||
| 17 | owned and operated as
a cooperative or a building that is a | ||||||
| 18 | life care facility that qualifies as a
cooperative, the maximum | ||||||
| 19 | reduction from the equalized assessed value of the
property is | ||||||
| 20 | limited to the sum of the reductions calculated for each unit
| ||||||
| 21 | occupied as a residence by a person or persons (i) 65 years of | ||||||
| 22 | age or older, (ii) with a
household income that does not exceed | ||||||
| 23 | the maximum income limitation, (iii) who is liable, by contract | ||||||
| 24 | with the
owner
or owners of record, for paying real property | ||||||
| 25 | taxes on the property, and (iv) who is
an owner of record of a | ||||||
| 26 | legal or equitable interest in the cooperative
apartment | ||||||
| |||||||
| |||||||
| 1 | building, other than a leasehold interest. In the instance of a
| ||||||
| 2 | cooperative where a homestead exemption has been granted under | ||||||
| 3 | this Section,
the cooperative association or its management | ||||||
| 4 | firm shall credit the savings
resulting from that exemption | ||||||
| 5 | only to the apportioned tax liability of the
owner who | ||||||
| 6 | qualified for the exemption. Any person who willfully refuses | ||||||
| 7 | to
credit that savings to an owner who qualifies for the | ||||||
| 8 | exemption is guilty of a
Class B misdemeanor.
| ||||||
| 9 | When a homestead exemption has been granted under this | ||||||
| 10 | Section and an
applicant then becomes a resident of a facility | ||||||
| 11 | licensed under the Assisted Living and Shared Housing Act, the | ||||||
| 12 | Nursing Home
Care Act, the Specialized Mental Health | ||||||
| 13 | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||||||
| 14 | the MC/DD Act, the exemption shall be granted in subsequent | ||||||
| 15 | years so long as the
residence (i) continues to be occupied by | ||||||
| 16 | the qualified applicant's spouse or
(ii) if remaining | ||||||
| 17 | unoccupied, is still owned by the qualified applicant for the
| ||||||
| 18 | homestead exemption.
| ||||||
| 19 | Beginning January 1, 1997, when an individual dies who | ||||||
| 20 | would have qualified
for an exemption under this Section, and | ||||||
| 21 | the surviving spouse does not
independently qualify for this | ||||||
| 22 | exemption because of age, the exemption under
this Section | ||||||
| 23 | shall be granted to the surviving spouse for the taxable year
| ||||||
| 24 | preceding and the taxable
year of the death, provided that, | ||||||
| 25 | except for age, the surviving spouse meets
all
other | ||||||
| 26 | qualifications for the granting of this exemption for those | ||||||
| |||||||
| |||||||
| 1 | years.
| ||||||
| 2 | When married persons maintain separate residences, the | ||||||
| 3 | exemption provided for
in this Section may be claimed by only | ||||||
| 4 | one of such persons and for only one
residence.
| ||||||
| 5 | For taxable year 1994 only, in counties having less than | ||||||
| 6 | 3,000,000
inhabitants, to receive the exemption, a person shall | ||||||
| 7 | submit an application by
February 15, 1995 to the Chief County | ||||||
| 8 | Assessment Officer
of the county in which the property is | ||||||
| 9 | located. In counties having 3,000,000
or more inhabitants, for | ||||||
| 10 | taxable year 1994 and all subsequent taxable years, to
receive | ||||||
| 11 | the exemption, a person
may submit an application to the Chief | ||||||
| 12 | County
Assessment Officer of the county in which the property | ||||||
| 13 | is located during such
period as may be specified by the Chief | ||||||
| 14 | County Assessment Officer. The Chief
County Assessment Officer | ||||||
| 15 | in counties of 3,000,000 or more inhabitants shall
annually | ||||||
| 16 | give notice of the application period by mail or by | ||||||
| 17 | publication. In
counties having less than 3,000,000 | ||||||
| 18 | inhabitants, beginning with taxable year
1995 and thereafter, | ||||||
| 19 | to receive the exemption, a person
shall
submit an
application | ||||||
| 20 | by July 1 of each taxable year to the Chief County Assessment
| ||||||
| 21 | Officer of the county in which the property is located. A | ||||||
| 22 | county may, by
ordinance, establish a date for submission of | ||||||
| 23 | applications that is
different than
July 1.
The applicant shall | ||||||
| 24 | submit with the
application an affidavit of the applicant's | ||||||
| 25 | total household income, age,
marital status (and if married the | ||||||
| 26 | name and address of the applicant's spouse,
if known), and | ||||||
| |||||||
| |||||||
| 1 | principal dwelling place of members of the household on January
| ||||||
| 2 | 1 of the taxable year. The Department shall establish, by rule, | ||||||
| 3 | a method for
verifying the accuracy of affidavits filed by | ||||||
| 4 | applicants under this Section, and the Chief County Assessment | ||||||
| 5 | Officer may conduct audits of any taxpayer claiming an | ||||||
| 6 | exemption under this Section to verify that the taxpayer is | ||||||
| 7 | eligible to receive the exemption. Each application shall | ||||||
| 8 | contain or be verified by a written declaration that it is made | ||||||
| 9 | under the penalties of perjury. A taxpayer's signing a | ||||||
| 10 | fraudulent application under this Act is perjury, as defined in | ||||||
| 11 | Section 32-2 of the Criminal Code of 2012.
The applications | ||||||
| 12 | shall be clearly marked as applications for the Senior
Citizens | ||||||
| 13 | Assessment Freeze Homestead Exemption and must contain a notice | ||||||
| 14 | that any taxpayer who receives the exemption is subject to an | ||||||
| 15 | audit by the Chief County Assessment Officer.
| ||||||
| 16 | Notwithstanding any other provision to the contrary, in | ||||||
| 17 | counties having fewer
than 3,000,000 inhabitants, if an | ||||||
| 18 | applicant fails
to file the application required by this | ||||||
| 19 | Section in a timely manner and this
failure to file is due to a | ||||||
| 20 | mental or physical condition sufficiently severe so
as to | ||||||
| 21 | render the applicant incapable of filing the application in a | ||||||
| 22 | timely
manner, the Chief County Assessment Officer may extend | ||||||
| 23 | the filing deadline for
a period of 30 days after the applicant | ||||||
| 24 | regains the capability to file the
application, but in no case | ||||||
| 25 | may the filing deadline be extended beyond 3
months of the | ||||||
| 26 | original filing deadline. In order to receive the extension
| ||||||
| |||||||
| |||||||
| 1 | provided in this paragraph, the applicant shall provide the | ||||||
| 2 | Chief County
Assessment Officer with a signed statement from | ||||||
| 3 | the applicant's physician, advanced practice registered nurse, | ||||||
| 4 | or physician assistant
stating the nature and extent of the | ||||||
| 5 | condition, that, in the
physician's, advanced practice | ||||||
| 6 | registered nurse's, or physician assistant's opinion, the | ||||||
| 7 | condition was so severe that it rendered the applicant
| ||||||
| 8 | incapable of filing the application in a timely manner, and the | ||||||
| 9 | date on which
the applicant regained the capability to file the | ||||||
| 10 | application.
| ||||||
| 11 | Beginning January 1, 1998, notwithstanding any other | ||||||
| 12 | provision to the
contrary, in counties having fewer than | ||||||
| 13 | 3,000,000 inhabitants, if an applicant
fails to file the | ||||||
| 14 | application required by this Section in a timely manner and
| ||||||
| 15 | this failure to file is due to a mental or physical condition | ||||||
| 16 | sufficiently
severe so as to render the applicant incapable of | ||||||
| 17 | filing the application in a
timely manner, the Chief County | ||||||
| 18 | Assessment Officer may extend the filing
deadline for a period | ||||||
| 19 | of 3 months. In order to receive the extension provided
in this | ||||||
| 20 | paragraph, the applicant shall provide the Chief County | ||||||
| 21 | Assessment
Officer with a signed statement from the applicant's | ||||||
| 22 | physician, advanced practice registered nurse, or physician | ||||||
| 23 | assistant stating the
nature and extent of the condition, and | ||||||
| 24 | that, in the physician's, advanced practice registered | ||||||
| 25 | nurse's, or physician assistant's opinion, the
condition was so | ||||||
| 26 | severe that it rendered the applicant incapable of filing the
| ||||||
| |||||||
| |||||||
| 1 | application in a timely manner.
| ||||||
| 2 | In counties having less than 3,000,000 inhabitants, if an | ||||||
| 3 | applicant was
denied an exemption in taxable year 1994 and the | ||||||
| 4 | denial occurred due to an
error on the part of an assessment
| ||||||
| 5 | official, or his or her agent or employee, then beginning in | ||||||
| 6 | taxable year 1997
the
applicant's base year, for purposes of | ||||||
| 7 | determining the amount of the exemption,
shall be 1993 rather | ||||||
| 8 | than 1994. In addition, in taxable year 1997, the
applicant's | ||||||
| 9 | exemption shall also include an amount equal to (i) the amount | ||||||
| 10 | of
any exemption denied to the applicant in taxable year 1995 | ||||||
| 11 | as a result of using
1994, rather than 1993, as the base year, | ||||||
| 12 | (ii) the amount of any exemption
denied to the applicant in | ||||||
| 13 | taxable year 1996 as a result of using 1994, rather
than 1993, | ||||||
| 14 | as the base year, and (iii) the amount of the exemption | ||||||
| 15 | erroneously
denied for taxable year 1994.
| ||||||
| 16 | For purposes of this Section, a person who will be 65 years | ||||||
| 17 | of age during the
current taxable year shall be eligible to | ||||||
| 18 | apply for the homestead exemption
during that taxable year. | ||||||
| 19 | Application shall be made during the application
period in | ||||||
| 20 | effect for the county of his or her residence.
| ||||||
| 21 | The Chief County Assessment Officer may determine the | ||||||
| 22 | eligibility of a life
care facility that qualifies as a | ||||||
| 23 | cooperative to receive the benefits
provided by this Section by | ||||||
| 24 | use of an affidavit, application, visual
inspection, | ||||||
| 25 | questionnaire, or other reasonable method in order to insure | ||||||
| 26 | that
the tax savings resulting from the exemption are credited | ||||||
| |||||||
| |||||||
| 1 | by the management
firm to the apportioned tax liability of each | ||||||
| 2 | qualifying resident. The Chief
County Assessment Officer may | ||||||
| 3 | request reasonable proof that the management firm
has so | ||||||
| 4 | credited that exemption.
| ||||||
| 5 | Except as provided in this Section, all information | ||||||
| 6 | received by the chief
county assessment officer or the | ||||||
| 7 | Department from applications filed under this
Section, or from | ||||||
| 8 | any investigation conducted under the provisions of this
| ||||||
| 9 | Section, shall be confidential, except for official purposes or
| ||||||
| 10 | pursuant to official procedures for collection of any State or | ||||||
| 11 | local tax or
enforcement of any civil or criminal penalty or | ||||||
| 12 | sanction imposed by this Act or
by any statute or ordinance | ||||||
| 13 | imposing a State or local tax. Any person who
divulges any such | ||||||
| 14 | information in any manner, except in accordance with a proper
| ||||||
| 15 | judicial order, is guilty of a Class A misdemeanor.
| ||||||
| 16 | Nothing contained in this Section shall prevent the | ||||||
| 17 | Director or chief county
assessment officer from publishing or | ||||||
| 18 | making available reasonable statistics
concerning the | ||||||
| 19 | operation of the exemption contained in this Section in which
| ||||||
| 20 | the contents of claims are grouped into aggregates in such a | ||||||
| 21 | way that
information contained in any individual claim shall | ||||||
| 22 | not be disclosed. | ||||||
| 23 | Notwithstanding any other provision of law, for taxable | ||||||
| 24 | year 2017 and thereafter, in counties of 3,000,000 or more | ||||||
| 25 | inhabitants, the amount of the exemption shall be the greater | ||||||
| 26 | of (i) the amount of the exemption otherwise calculated under | ||||||
| |||||||
| |||||||
| 1 | this Section or (ii) $2,000.
| ||||||
| 2 | (c-5) Notwithstanding any other provision of law, each | ||||||
| 3 | chief county assessment officer may approve this exemption for | ||||||
| 4 | the 2020 and 2021 taxable years year, without application, for | ||||||
| 5 | any property that was approved for this exemption for the 2019 | ||||||
| 6 | taxable year, provided that: | ||||||
| 7 | (1) the county board has declared a local disaster as | ||||||
| 8 | provided in the Illinois Emergency Management Agency Act | ||||||
| 9 | related to the COVID-19 public health emergency; | ||||||
| 10 | (2) the owner of record of the property as of January 1 | ||||||
| 11 | of the taxable year January 1, 2020 is the same as the | ||||||
| 12 | owner of record of the property as of January 1, 2019; | ||||||
| 13 | (3) the exemption for the 2019 taxable year has not | ||||||
| 14 | been determined to be an erroneous exemption as defined by | ||||||
| 15 | this Code; and | ||||||
| 16 | (4) the applicant for the 2019 taxable year has not | ||||||
| 17 | asked for the exemption to be removed for the 2019, or | ||||||
| 18 | 2020, or 2021 taxable years. | ||||||
| 19 | Nothing in this subsection shall preclude or impair the | ||||||
| 20 | authority of a chief county assessment officer to conduct | ||||||
| 21 | audits of any taxpayer claiming an exemption under this Section | ||||||
| 22 | to verify that the taxpayer is eligible to receive the | ||||||
| 23 | exemption as provided elsewhere in this Section. | ||||||
| 24 | (d) Each Chief County Assessment Officer shall annually | ||||||
| 25 | publish a notice
of availability of the exemption provided | ||||||
| 26 | under this Section. The notice
shall be published at least 60 | ||||||
| |||||||
| |||||||
| 1 | days but no more than 75 days prior to the date
on which the | ||||||
| 2 | application must be submitted to the Chief County Assessment
| ||||||
| 3 | Officer of the county in which the property is located. The | ||||||
| 4 | notice shall
appear in a newspaper of general circulation in | ||||||
| 5 | the county.
| ||||||
| 6 | Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||||||
| 7 | no reimbursement by the State is required for the | ||||||
| 8 | implementation of any mandate created by this Section.
| ||||||
| 9 | (Source: P.A. 100-401, eff. 8-25-17; 100-513, eff. 1-1-18; | ||||||
| 10 | 100-863, eff. 8-14-18; 101-635, eff. 6-5-20.)
| ||||||
| 11 | Section 30. The Firearm Owners Identification Card Act is | ||||||
| 12 | amended by changing Sections 5, 6, and 7 as follows:
| ||||||
| 13 | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
| ||||||
| 14 | Sec. 5. Application and renewal. | ||||||
| 15 | (a) The Department of State Police shall either approve or
| ||||||
| 16 | deny all applications within 30 days from the date they are | ||||||
| 17 | received,
except as provided in subsection (b) of this Section, | ||||||
| 18 | and every applicant found qualified under Section 8 of this Act | ||||||
| 19 | by
the Department shall be entitled to a Firearm Owner's | ||||||
| 20 | Identification
Card upon the payment of a $10 fee. Any | ||||||
| 21 | applicant who is an active duty member of the Armed Forces of | ||||||
| 22 | the United States, a member of the Illinois National Guard, or | ||||||
| 23 | a member of the Reserve Forces of the United States is exempt | ||||||
| 24 | from the application fee. $6 of each fee derived from the
| ||||||
| |||||||
| |||||||
| 1 | issuance of Firearm Owner's Identification Cards, or renewals | ||||||
| 2 | thereof,
shall be deposited in the Wildlife and Fish Fund in | ||||||
| 3 | the State Treasury;
$1 of the fee shall be deposited in the | ||||||
| 4 | State Police Services Fund and $3 of the fee shall be deposited | ||||||
| 5 | in the
State Police Firearm Services Fund. | ||||||
| 6 | (b) Renewal applications shall be approved or denied within | ||||||
| 7 | 60 business days, provided the applicant submitted his or her | ||||||
| 8 | renewal application prior to the expiration of his or her | ||||||
| 9 | Firearm Owner's Identification Card. If a renewal application | ||||||
| 10 | has been submitted prior to the expiration date of the | ||||||
| 11 | applicant's Firearm Owner's Identification Card, the Firearm | ||||||
| 12 | Owner's Identification Card shall remain valid while the | ||||||
| 13 | Department processes the application, unless the person is | ||||||
| 14 | subject to or becomes subject to revocation under this Act. The | ||||||
| 15 | cost for a renewal application shall be $10 which shall be | ||||||
| 16 | deposited into the State Police Firearm Services Fund.
| ||||||
| 17 | (c) When a disaster has been declared by the Governor under | ||||||
| 18 | the Illinois Emergency Management Agency Act that impacts | ||||||
| 19 | counties representing a majority of the population of this | ||||||
| 20 | State, or if the Illinois State Police are unable to approve or | ||||||
| 21 | deny renewal applications within 60 days after the time-lines | ||||||
| 22 | specified in this Act, the Illinois State Police may by rule or | ||||||
| 23 | emergency rulemaking extend the expiration dates of Firearm | ||||||
| 24 | Owner's Identification Cards. Any Firearm Owner's | ||||||
| 25 | Identification Cards with an extended expiration date shall be | ||||||
| 26 | deemed valid for the purposes of possessing, transferring, and | ||||||
| |||||||
| |||||||
| 1 | purchasing ammunition and firearms, unless the person becomes | ||||||
| 2 | subject to revocation or suspension under this Act. | ||||||
| 3 | (Source: P.A. 100-906, eff. 1-1-19.)
| ||||||
| 4 | (430 ILCS 65/6) (from Ch. 38, par. 83-6)
| ||||||
| 5 | Sec. 6. Contents of Firearm Owner's Identification Card.
| ||||||
| 6 | (a) A Firearm Owner's Identification Card, issued by the | ||||||
| 7 | Department of
State Police at such places as the Director of | ||||||
| 8 | the
Department shall
specify, shall contain the applicant's | ||||||
| 9 | name, residence, date of birth, sex,
physical description, | ||||||
| 10 | recent photograph, except as provided in subsection (c-5), and | ||||||
| 11 | signature. Each Firearm Owner's
Identification Card must have | ||||||
| 12 | the expiration date boldly and conspicuously
displayed on the | ||||||
| 13 | face of the card, unless the validity has been extended under | ||||||
| 14 | subsection (b) of Section 7. Each Firearm Owner's
| ||||||
| 15 | Identification Card must have printed on it the following: | ||||||
| 16 | "CAUTION - This
card does not permit bearer to UNLAWFULLY carry | ||||||
| 17 | or use firearms."
Before December 1, 2002,
the Department may | ||||||
| 18 | use a person's digital photograph and signature from his or
her
| ||||||
| 19 | Illinois driver's license or Illinois Identification Card, if | ||||||
| 20 | available. On
and after December 1, 2002,
the Department shall | ||||||
| 21 | use a person's digital photograph and signature from his
or her
| ||||||
| 22 | Illinois driver's license or Illinois Identification Card, if | ||||||
| 23 | available. The
Department shall decline to use a person's | ||||||
| 24 | digital photograph or signature if
the digital photograph or | ||||||
| 25 | signature is the result of or associated with
fraudulent or | ||||||
| |||||||
| |||||||
| 1 | erroneous data, unless otherwise provided by law.
| ||||||
| 2 | (b) A person applying for a Firearm Owner's Identification | ||||||
| 3 | Card shall
consent
to the Department of State Police using the | ||||||
| 4 | applicant's digital driver's
license
or Illinois | ||||||
| 5 | Identification Card photograph, if available, and signature on | ||||||
| 6 | the
applicant's
Firearm Owner's Identification Card. The | ||||||
| 7 | Secretary
of State shall allow the Department of State Police | ||||||
| 8 | access to the photograph
and signature for the purpose of | ||||||
| 9 | identifying the applicant and issuing to the
applicant a
| ||||||
| 10 | Firearm Owner's Identification Card.
| ||||||
| 11 | (c) The Secretary of State shall conduct a study to | ||||||
| 12 | determine the cost
and
feasibility of creating a method of | ||||||
| 13 | adding an identifiable code, background, or
other means on the | ||||||
| 14 | driver's license or Illinois Identification Card to show
that
| ||||||
| 15 | an individual is not disqualified from owning or possessing a | ||||||
| 16 | firearm under
State or federal law. The Secretary shall report | ||||||
| 17 | the findings of this study
12 months after the effective date | ||||||
| 18 | of this amendatory Act of the 92nd General
Assembly.
| ||||||
| 19 | (c-5) If a person qualifies for a photograph exemption, in | ||||||
| 20 | lieu of a photograph, the Firearm Owner's Identification Card | ||||||
| 21 | shall contain a copy of the card holder's fingerprints. Each | ||||||
| 22 | Firearm Owner's Identification Card described in this | ||||||
| 23 | subsection (c-5) must have printed on it the following: "This | ||||||
| 24 | card is only valid for firearm purchases through a federally | ||||||
| 25 | licensed firearms dealer when presented with photographic | ||||||
| 26 | identification, as prescribed by 18 U.S.C. 922(t)(1)(C)." | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-1131, eff. 1-1-13.)
| ||||||
| 2 | (430 ILCS 65/7) (from Ch. 38, par. 83-7)
| ||||||
| 3 | Sec. 7. Validity of Firearm Owner's Identification Card. | ||||||
| 4 | (a) Except as provided in Section 8 of this Act or | ||||||
| 5 | subsection (b) of this Section, a Firearm Owner's
| ||||||
| 6 | Identification Card issued under the provisions of this Act | ||||||
| 7 | shall be valid
for the person to whom it is issued for a period | ||||||
| 8 | of 10 years from the date
of issuance. | ||||||
| 9 | (b) If a renewal application is submitted to the Department | ||||||
| 10 | before the expiration date of the applicant's current Firearm | ||||||
| 11 | Owner's Identification Card, the Firearm Owner's | ||||||
| 12 | Identification Card shall remain valid for a period of 60 | ||||||
| 13 | business days, unless the person is subject to or becomes | ||||||
| 14 | subject to revocation under this Act.
| ||||||
| 15 | (c) The validity of a Firearm Owner's Identification Card | ||||||
| 16 | may be extended as provided in subsection (b) of Section 5. | ||||||
| 17 | (Source: P.A. 100-906, eff. 1-1-19.)
| ||||||
| 18 | Section 35. The Firearm Concealed Carry Act is amended by | ||||||
| 19 | changing Section 50 as follows:
| ||||||
| 20 | (430 ILCS 66/50)
| ||||||
| 21 | Sec. 50. License renewal. | ||||||
| 22 | (a) This subsection (a) applies through the 180th day | ||||||
| 23 | following the effective date of this amendatory Act of the | ||||||
| |||||||
| |||||||
| 1 | 101st General Assembly. Applications for renewal of a license | ||||||
| 2 | shall be made to the Department. A license shall be renewed for | ||||||
| 3 | a period of 5 years upon receipt of a completed renewal | ||||||
| 4 | application, completion of 3 hours of training required under | ||||||
| 5 | Section 75 of this Act, payment of the applicable renewal fee, | ||||||
| 6 | and completion of an investigation under Section 35 of this | ||||||
| 7 | Act. The renewal application shall contain the information | ||||||
| 8 | required in Section 30 of this Act, except that the applicant | ||||||
| 9 | need not resubmit a full set of fingerprints. | ||||||
| 10 | (b) This subsection (b) applies on and after the 181st day | ||||||
| 11 | following the effective date of this amendatory Act of the | ||||||
| 12 | 101st General Assembly. Applications for renewal of a license | ||||||
| 13 | shall be made to the Department. A license shall be renewed for | ||||||
| 14 | a period of 5 years from the date of expiration on the | ||||||
| 15 | applicant's current license upon the receipt of a completed | ||||||
| 16 | renewal application, completion of 3 hours of training required | ||||||
| 17 | under Section 75 of this Act, payment of the applicable renewal | ||||||
| 18 | fee, and completion of an investigation under Section 35 of | ||||||
| 19 | this Act. The renewal application shall contain the information | ||||||
| 20 | required in Section 30 of this Act, except that the applicant | ||||||
| 21 | need not resubmit a full set of fingerprints.
| ||||||
| 22 | (c) When a disaster has been declared by the Governor under | ||||||
| 23 | the Illinois Emergency Management Agency Act that impacts | ||||||
| 24 | counties representing a majority of the population of this | ||||||
| 25 | State, or if the Illinois State Police are unable to approve or | ||||||
| 26 | deny renewal applications within 60 days after the time-lines | ||||||
| |||||||
| |||||||
| 1 | specified in this Act, the Illinois State Police may by rule or | ||||||
| 2 | emergency rulemaking extend the expiration dates of concealed | ||||||
| 3 | carry licenses. Any concealed carry license with an extended | ||||||
| 4 | expiration date shall be deemed valid for the purposes this | ||||||
| 5 | Act. A concealed carry license that is renewed before its | ||||||
| 6 | expiration date remains valid during this period; provided, | ||||||
| 7 | that during the period of the disaster declared by the | ||||||
| 8 | Governor, the concealed carry license shall remain valid even | ||||||
| 9 | if the licensee has not applied for renewal of the license. | ||||||
| 10 | (Source: P.A. 101-80, eff. 7-12-19.)
| ||||||
| 11 | Section 40. The Open Space Lands Acquisition and | ||||||
| 12 | Development Act is amended by changing Section 3 as follows:
| ||||||
| 13 | (525 ILCS 35/3) (from Ch. 85, par. 2103)
| ||||||
| 14 | Sec. 3. From appropriations made from the Capital | ||||||
| 15 | Development Fund,
Build Illinois Bond Fund or other
available | ||||||
| 16 | or designated funds for such
purposes, the Department shall | ||||||
| 17 | make grants to local governments as
financial assistance for | ||||||
| 18 | the capital
development and improvement of park, recreation or | ||||||
| 19 | conservation
areas, marinas and shorelines, including planning | ||||||
| 20 | and engineering costs, and for the
acquisition of open space | ||||||
| 21 | lands, including
acquisition of easements and other property | ||||||
| 22 | interests less than fee simple
ownership if the Department | ||||||
| 23 | determines that such property
interests are sufficient to carry | ||||||
| 24 | out the purposes of this Act, subject to
the conditions and | ||||||
| |||||||
| |||||||
| 1 | limitations set forth in this Act.
| ||||||
| 2 | No more than 10% of the amount so appropriated for any | ||||||
| 3 | fiscal year may
be committed or expended on any one project | ||||||
| 4 | described in an application
under this Act.
| ||||||
| 5 | Any grant under this Act to a local government shall be | ||||||
| 6 | conditioned upon
the state providing assistance on a 50/50 | ||||||
| 7 | matching basis for the acquisition
of open space lands and for | ||||||
| 8 | capital development
and improvement proposals. However, a | ||||||
| 9 | local government defined as "distressed" under criteria | ||||||
| 10 | adopted by the Department through administrative rule shall be | ||||||
| 11 | eligible for assistance up to 90% for the acquisition
of open | ||||||
| 12 | space lands and for capital development
and improvement | ||||||
| 13 | proposals, provided that no more than 10% of the amount | ||||||
| 14 | appropriated under this Act in any fiscal year is made | ||||||
| 15 | available as grants to distressed local governments.
| ||||||
| 16 | An advance payment of a A minimum of 50% of any grant made | ||||||
| 17 | to a unit of local government under this Act must be paid to | ||||||
| 18 | the unit of local government at the time the Department awards | ||||||
| 19 | the grant. A unit of local government may opt out of the | ||||||
| 20 | advanced payment option at the time of the award of the grant. | ||||||
| 21 | The remainder of the grant shall be distributed to the local | ||||||
| 22 | government quarterly on a reimbursement basis. The Department | ||||||
| 23 | shall consider an applicant's request for an extension to a | ||||||
| 24 | grant under this Act if (i) the advanced payment is expended or | ||||||
| 25 | legally obligated within the 2 years required by Section 5 of | ||||||
| 26 | the Illinois Grant Funds Recovery Act or (ii) no advanced | ||||||
| |||||||
| |||||||
| 1 | payment was made. | ||||||
| 2 | (Source: P.A. 98-326, eff. 8-12-13; 98-520, eff. 8-23-13; | ||||||
| 3 | 98-756, eff. 7-16-14.)
| ||||||
| 4 | Section 45. The Child Labor Law is amended by changing | ||||||
| 5 | Sections 8, 11, and 12 as follows:
| ||||||
| 6 | (820 ILCS 205/8) (from Ch. 48, par. 31.8)
| ||||||
| 7 | Sec. 8. Authority to issue employment certificates. | ||||||
| 8 | (a) Notwithstanding the provisions of this Act, the City or | ||||||
| 9 | County
Superintendent of Schools, or their duly authorized | ||||||
| 10 | agents, are authorized
to issue an employment certificate for | ||||||
| 11 | any minor under sixteen (16) years
of age, said certificate | ||||||
| 12 | authorizing and permitting the appearance of such
minor in a | ||||||
| 13 | play or musical comedy with a professional traveling theatrical
| ||||||
| 14 | production on the stage of a duly licensed theatre wherein not | ||||||
| 15 | more than
two performances are given in any one day and not | ||||||
| 16 | more than eight
performances are given in any one week, or nine | ||||||
| 17 | when a holiday occurs
during the week, or in a musical recital | ||||||
| 18 | or concert: Provided, that such
minor is accompanied by his | ||||||
| 19 | parent or guardian or by a person in whose care
the parent or | ||||||
| 20 | guardian has placed the minor and whose connection with the
| ||||||
| 21 | performance or with the operation of the theatre in which the | ||||||
| 22 | minor is to
appear is limited to the care of such minor or of | ||||||
| 23 | minors appearing therein:
And provided further, that such minor | ||||||
| 24 | shall not appear on said stage or in
a musical recital or | ||||||
| |||||||
| |||||||
| 1 | concert, attend rehearsals, or be present in
connection with | ||||||
| 2 | such appearance or rehearsals, in the theatre where the
play or | ||||||
| 3 | musical comedy is produced or in the place where the concert or
| ||||||
| 4 | recital is given, for more than a total of six (6) hours in any | ||||||
| 5 | one day, or
on more than six (6) days in any one week, or for | ||||||
| 6 | more than a total of
twenty-four (24) hours in any one week, or | ||||||
| 7 | after the hour of 11
postmeridian; and provided further, no | ||||||
| 8 | such minor shall be excused from
attending school except as | ||||||
| 9 | authorized pursuant to Section 26-1 of the
School Code. | ||||||
| 10 | Application for such certificate shall be made by the
manager | ||||||
| 11 | of the theatre, or by the person in the district responsible | ||||||
| 12 | for
the musical recital or concert, and by the parent or | ||||||
| 13 | guardian of such minor
to the City or County Superintendent of | ||||||
| 14 | Schools or his authorized agent at
least fourteen (14) days in | ||||||
| 15 | advance of such appearance. The City or County
Superintendent | ||||||
| 16 | of Schools or his agent may issue a permit if satisfied that
| ||||||
| 17 | adequate provision has been made for the educational | ||||||
| 18 | instruction of such
minor, for safeguarding his health and for | ||||||
| 19 | the proper moral supervision of
such minor, and that proper | ||||||
| 20 | rest and dressing room facilities are provided
in the theatre | ||||||
| 21 | for such minor.
| ||||||
| 22 | (b) Notwithstanding the provisions of this Act, the City or | ||||||
| 23 | Regional
Superintendent of Schools, or their duly authorized | ||||||
| 24 | agents, are authorized
to issue an employment certificate for | ||||||
| 25 | any minor under 16 years of age,
such certificate authorizing | ||||||
| 26 | and permitting the appearance of such minor as
a model or in a | ||||||
| |||||||
| |||||||
| 1 | motion picture, radio or television production: Provided,
that | ||||||
| 2 | no such minor shall be excused from attending school except as
| ||||||
| 3 | authorized pursuant to Section 26-1 of The School Code. The | ||||||
| 4 | Department of
Labor shall promulgate rules and regulations to | ||||||
| 5 | carry out the provisions of
this subsection. Such rules and | ||||||
| 6 | regulations shall be designed to protect
the health and welfare | ||||||
| 7 | of child models or actors and to insure that the
conditions | ||||||
| 8 | under which minors are employed, used or exhibited will not
| ||||||
| 9 | impair their health, welfare, development or proper education.
| ||||||
| 10 | (c) In situations where a minor from another state seeks to | ||||||
| 11 | obtain an Illinois employment certificate, the Department | ||||||
| 12 | shall work with a City or Regional Superintendent of Schools, | ||||||
| 13 | or the State Superintendent of Education, or his or her duly | ||||||
| 14 | authorized agents, to issue the certificate. The | ||||||
| 15 | Superintendent may waive the requirement in Section 12 of this | ||||||
| 16 | Act that a minor submit his or her application in person, if | ||||||
| 17 | the minor resides in another state. | ||||||
| 18 | (Source: P.A. 96-1247, eff. 7-23-10.)
| ||||||
| 19 | (820 ILCS 205/11) (from Ch. 48, par. 31.11)
| ||||||
| 20 | Sec. 11. Employment certificate issuance; duration; | ||||||
| 21 | revocation. | ||||||
| 22 | (a) The employment certificate shall be issued by the City | ||||||
| 23 | or County
Superintendent of Schools or by their duly authorized | ||||||
| 24 | agents and shall be
valid for a period of one year. The person
| ||||||
| 25 | issuing these certificates shall have authority to administer | ||||||
| |||||||
| |||||||
| 1 | the oaths
provided for herein, but no fee shall be charged. It | ||||||
| 2 | shall be the duty of
the school board or local school | ||||||
| 3 | authority, to designate a place or places
where certificates | ||||||
| 4 | shall be issued and recorded, and physical examinations
made | ||||||
| 5 | without fee, as hereinafter provided, and to establish and | ||||||
| 6 | maintain
the necessary records and clerical services for | ||||||
| 7 | carrying out the provisions
of this Act.
| ||||||
| 8 | The issuing officer shall notify the principal of the | ||||||
| 9 | school attended by
the minor for whom an employment certificate | ||||||
| 10 | for out of school work is
issued by him.
| ||||||
| 11 | The parent or legal guardian of a minor, or the principal | ||||||
| 12 | of the school
attended by the minor for whom an employment
| ||||||
| 13 | certificate has been issued may ask for the revocation of the | ||||||
| 14 | certificate
by petition to the Department of Labor in writing, | ||||||
| 15 | stating the reasons he
believes that the employment is | ||||||
| 16 | interfering with the best physical,
intellectual or moral | ||||||
| 17 | development of the minor. The Department of Labor
shall | ||||||
| 18 | thereupon revoke the employment certificate by notice in | ||||||
| 19 | writing to
the employer of the minor.
| ||||||
| 20 | (b) In situations where a minor from another state seeks to | ||||||
| 21 | obtain an Illinois employment certificate, the Department | ||||||
| 22 | shall work with a City or Regional Superintendent of Schools, | ||||||
| 23 | or the State Superintendent of Education, or his or her duly | ||||||
| 24 | authorized agents, to issue the certificate. The | ||||||
| 25 | Superintendent may waive the requirement in Section 12 of this | ||||||
| 26 | Act that a minor submit his or her application in person, if | ||||||
| |||||||
| |||||||
| 1 | the minor resides in another state. | ||||||
| 2 | (Source: P.A. 96-1247, eff. 7-23-10.)
| ||||||
| 3 | (820 ILCS 205/12) (from Ch. 48, par. 31.12)
| ||||||
| 4 | Sec. 12.
The person authorized to issue employment | ||||||
| 5 | certificates shall
issue a certificate only after examining and | ||||||
| 6 | approving the
written application and other papers required | ||||||
| 7 | under this Section. The
application shall be signed by the | ||||||
| 8 | applicant's parent or legal guardian. The
application shall be | ||||||
| 9 | submitted in person by the minor desiring employment, unless | ||||||
| 10 | the issuing officer determines that the minor may utilize a | ||||||
| 11 | remote application process. The
minor shall be accompanied by | ||||||
| 12 | his or
her parent, guardian, or custodian, whether applying in | ||||||
| 13 | person or remotely. The following papers shall be submitted
| ||||||
| 14 | with the application:
| ||||||
| 15 | 1. A statement of intention to employ signed by the | ||||||
| 16 | prospective
employer, or by someone duly authorized by him, | ||||||
| 17 | setting forth the
specific nature of the occupation in which he | ||||||
| 18 | intends to employ such
minor and the exact hours of the day and | ||||||
| 19 | number of hours per day and
days per week during which the | ||||||
| 20 | minor shall be employed.
| ||||||
| 21 | 2. Evidence of age showing that the minor is of the age | ||||||
| 22 | required by
this Act, which evidence shall be documentary, and | ||||||
| 23 | shall be required in
the order designated, as follows:
| ||||||
| 24 | a. a birth certificate or transcript thereof furnished | ||||||
| 25 | by the State
or County or a signed statement of the | ||||||
| |||||||
| |||||||
| 1 | recorded date and place of birth
issued by a registrar of | ||||||
| 2 | vital records, or other officer
charged with the duty of | ||||||
| 3 | recording births, such registration having been
completed | ||||||
| 4 | within 10 years after the date of birth;
| ||||||
| 5 | b. a certificate of baptism, or transcript thereof, | ||||||
| 6 | duly certified,
showing the date of birth and place of | ||||||
| 7 | baptism of the child;
| ||||||
| 8 | c. other documentary proof of age (other than a school | ||||||
| 9 | record or an
affidavit of age) such as a bona fide record | ||||||
| 10 | of the date and place of
the child's birth, kept in the | ||||||
| 11 | Bible in which the records of births,
marriages and deaths | ||||||
| 12 | in the family of the child are preserved; a
certificate of | ||||||
| 13 | confirmation or other church ceremony at least one year
| ||||||
| 14 | old, showing the age of the child and the date and place of | ||||||
| 15 | the
confirmation or ceremony; or a certificate of arrival | ||||||
| 16 | in the United
States, issued by the United States | ||||||
| 17 | Immigration Officer, showing the age
of the child; or a | ||||||
| 18 | life insurance policy at least one year old showing
the age | ||||||
| 19 | of the child;
| ||||||
| 20 | d. If none of the proofs of age described in items a, b | ||||||
| 21 | and c are
obtainable, and only in that case, the issuing | ||||||
| 22 | officer may accept a
certificate signed by a physician, who | ||||||
| 23 | shall be a public health officer or
a public school | ||||||
| 24 | physician, stating that he has examined the child and that
| ||||||
| 25 | in his opinion the child is at least of the age required by | ||||||
| 26 | this Act. The
certificate shall show the height and weight | ||||||
| |||||||
| |||||||
| 1 | of the child, the condition of
the child's teeth, and any | ||||||
| 2 | other facts concerning the child's physical
development | ||||||
| 3 | revealed by the examination and upon which his opinion as | ||||||
| 4 | to
the child's age is based, and shall be accompanied by a | ||||||
| 5 | school record of age.
| ||||||
| 6 | 3. A statement on a form approved by the Department of | ||||||
| 7 | Labor and signed
by the principal of the school that the minor | ||||||
| 8 | attends, or during school
holidays when the principal is not | ||||||
| 9 | available, then by the regional
superintendent of schools or by | ||||||
| 10 | a person designated by him for that
purpose, showing the | ||||||
| 11 | minor's name, address, social security number, grade
last | ||||||
| 12 | completed, and the
names of his parents, provided that the | ||||||
| 13 | statement shall be required only in
the case of a minor who is | ||||||
| 14 | employed on school days outside school hours, or
on Saturdays | ||||||
| 15 | or other school holidays during the school term.
| ||||||
| 16 | 4. A statement of physical fitness signed by a public | ||||||
| 17 | health or
public school physician who has examined the minor, | ||||||
| 18 | certifying that the
minor is physically fit to be employed in | ||||||
| 19 | all legal occupations or to be
employed in legal occupations | ||||||
| 20 | under limitations specified. If the
statement of physical | ||||||
| 21 | fitness is limited, the employment certificate
issued thereon | ||||||
| 22 | shall state clearly the limitations upon its use, and
shall be | ||||||
| 23 | valid only when used under the limitations so stated.
| ||||||
| 24 | In any case where the physician deems it advisable he
may | ||||||
| 25 | issue a certificate of physical fitness for a specified period | ||||||
| 26 | of time,
at the expiration of which the person for whom it was | ||||||
| |||||||
| |||||||
| 1 | issued shall appear
and be re-examined before being permitted | ||||||
| 2 | to continue work.
| ||||||
| 3 | Examinations shall be made in accordance with the standards | ||||||
| 4 | and
procedures prescribed by the State Director of the | ||||||
| 5 | Department of Labor, in
consultation with the State Director of | ||||||
| 6 | the Department of Public Health and
the State Superintendent of | ||||||
| 7 | Education, and shall be recorded on a form
furnished by the | ||||||
| 8 | Department of Labor. When made by public health or public
| ||||||
| 9 | school physicians, the examination shall be made without charge | ||||||
| 10 | to the
minor. In case a public health or public school | ||||||
| 11 | physician is not
available, a statement from a private | ||||||
| 12 | physician who has examined the minor
may be accepted, provided | ||||||
| 13 | that the examination is made in accordance with
the standards | ||||||
| 14 | and procedures established by the Department of Labor.
| ||||||
| 15 | If the issuing officer refuses to issue a certificate to a | ||||||
| 16 | minor, the
issuing officer shall send to the principal of the | ||||||
| 17 | school last attended by
the minor the name and address of the | ||||||
| 18 | minor and the reason for the refusal
to issue the certificate.
| ||||||
| 19 | (Source: P.A. 87-895; 88-365.)
| ||||||
| 20 | Section 99. Effective date. This Act takes effect upon | ||||||
| 21 | becoming law.".
| ||||||
