Bill Text: IL HB5004 | 2021-2022 | 102nd General Assembly | Engrossed

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Bill Title: Amends various Acts to make changes concerning references to noncitizen individuals. Effective immediately.

Spectrum: Partisan Bill (Democrat 25-0)

Status: (Engrossed - Dead) 2023-01-08 - Added as Alternate Co-Sponsor Sen. Adriane Johnson [HB5004 Detail]

Download: Illinois-2021-HB5004-Engrossed.html

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

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his or her current driver's license or state-issued
identification card;
(b) the county in which the applicant resides or, if
the applicant is a resident of a state bordering Illinois,
the county in Illinois in which that person's principal
place of work or principal place of business is located;
(c) the applicant's residence address, as it appears
on his or her current driver's license or state-issued
identification card;
(c-5) the applicant's business address if different
than the applicant's residence address, if performing
notarial acts constitutes any portion of the applicant's
job duties;
(d) that the applicant has resided in the State of
Illinois for 30 days preceding the application or that the
applicant who is a resident of a state bordering Illinois
has worked or maintained a business in Illinois for 30
days preceding the application;
(e) that the applicant is a citizen of the United
States or a person an alien lawfully admitted for
permanent residence in the United States;
(f) the applicant's date of birth;
(g) that the applicant is able to read and write the
English language;
(h) that the applicant has never been the holder of a
notary public appointment that was revoked or suspended

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

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

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

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

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

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

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

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

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

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

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

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Section 856 of the Internal Revenue Code;
(ii) the certificates of beneficial interest
or shares of which are not regularly traded on an
established securities market; and
(iii) of which more than 50% of the voting
power or value of the beneficial interest or
shares, at any time during the last half of the
taxable year, is owned or controlled, directly,
indirectly, or constructively, by a single
corporation.
(B) The term "captive real estate investment
trust" does not include:
(i) a real estate investment trust of which
more than 50% of the voting power or value of the
beneficial interest or shares is owned or
controlled, directly, indirectly, or
constructively, by:
(a) a real estate investment trust, other
than a captive real estate investment trust;
(b) a person who is exempt from taxation
under Section 501 of the Internal Revenue
Code, and who is not required to treat income
received from the real estate investment trust
as unrelated business taxable income under
Section 512 of the Internal Revenue Code;
(c) a listed Australian property trust, if

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

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

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

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

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

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personal property or services by the borrower, or
the business of finance leasing. For purposes of
this item (i), "customer receivable" means:
(a) a retail installment contract or
retail charge agreement within the meaning of
the Sales Finance Agency Act, the Retail
Installment Sales Act, or the Motor Vehicle
Retail Installment Sales Act;
(b) an installment, charge, credit, or
similar contract or agreement arising from the
sale of tangible personal property or services
in a transaction involving a deferred payment
price payable in one or more installments
subsequent to the sale; or
(c) the outstanding balance of a contract
or agreement described in provisions (a) or
(b) of this item (i).
A customer receivable need not provide for
payment of interest on deferred payments. A sales
finance company may purchase a customer receivable
from, or make a loan secured by a customer
receivable to, the seller in the original
transaction or to a person who purchased the
customer receivable directly or indirectly from
that seller.
(ii) A corporation meeting each of the

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following criteria:
(a) the corporation must be a member of an
"affiliated group" within the meaning of
Section 1504(a) of the Internal Revenue Code,
determined without regard to Section 1504(b)
of the Internal Revenue Code;
(b) more than 50% of the gross income of
the corporation for the taxable year must be
interest income derived from qualifying loans.
A "qualifying loan" is a loan made to a member
of the corporation's affiliated group that
originates customer receivables (within the
meaning of item (i)) or to whom customer
receivables originated by a member of the
affiliated group have been transferred, to the
extent the average outstanding balance of
loans from that corporation to members of its
affiliated group during the taxable year do
not exceed the limitation amount for that
corporation. The "limitation amount" for a
corporation is the average outstanding
balances during the taxable year of customer
receivables (within the meaning of item (i))
originated by all members of the affiliated
group. If the average outstanding balances of
the loans made by a corporation to members of

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its affiliated group exceed the limitation
amount, the interest income of that
corporation from qualifying loans shall be
equal to its interest income from loans to
members of its affiliated groups times a
fraction equal to the limitation amount
divided by the average outstanding balances of
the loans made by that corporation to members
of its affiliated group;
(c) the total of all shareholder's equity
(including, without limitation, paid-in
capital on common and preferred stock and
retained earnings) of the corporation plus the
total of all of its loans, advances, and other
obligations payable or owed to members of its
affiliated group may not exceed 20% of the
total assets of the corporation at any time
during the tax year; and
(d) more than 50% of all interest-bearing
obligations of the affiliated group payable to
persons outside the group determined in
accordance with generally accepted accounting
principles must be obligations of the
corporation.
This amendatory Act of the 91st General Assembly
is declaratory of existing law.

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

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

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

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(B) For purposes of this paragraph (11.5), the
term "qualifying investment securities" includes all
of the following:
(i) common stock, including preferred or debt
securities convertible into common stock, and
preferred stock;
(ii) bonds, debentures, and other debt
securities;
(iii) foreign and domestic currency deposits
secured by federal, state, or local governmental
agencies;
(iv) mortgage or asset-backed securities
secured by federal, state, or local governmental
agencies;
(v) repurchase agreements and loan
participations;
(vi) foreign currency exchange contracts and
forward and futures contracts on foreign
currencies;
(vii) stock and bond index securities and
futures contracts and other similar financial
securities and futures contracts on those
securities;
(viii) options for the purchase or sale of any
of the securities, currencies, contracts, or
financial instruments described in items (i) to

HB5004 Engrossed - 27 - LRB102 23330 RJF 32496 b
(vii), inclusive;
(ix) regulated futures contracts;
(x) commodities (not described in Section
1221(a)(1) of the Internal Revenue Code) or
futures, forwards, and options with respect to
such commodities, provided, however, that any item
of a physical commodity to which title is actually
acquired in the partnership's capacity as a dealer
in such commodity shall not be a qualifying
investment security;
(xi) derivatives; and
(xii) a partnership interest in another
partnership that is an investment partnership.
(12) Mathematical error. The term "mathematical error"
includes the following types of errors, omissions, or
defects in a return filed by a taxpayer which prevents
acceptance of the return as filed for processing:
(A) arithmetic errors or incorrect computations on
the return or supporting schedules;
(B) entries on the wrong lines;
(C) omission of required supporting forms or
schedules or the omission of the information in whole
or in part called for thereon; and
(D) an attempt to claim, exclude, deduct, or
improperly report, in a manner directly contrary to
the provisions of the Act and regulations thereunder

HB5004 Engrossed - 28 - LRB102 23330 RJF 32496 b
any item of income, exemption, deduction, or credit.
(13) Nonbusiness income. The term "nonbusiness income"
means all income other than business income or
compensation.
(14) Nonresident. The term "nonresident" means a
person who is not a resident.
(15) Paid, incurred and accrued. The terms "paid",
"incurred" and "accrued" shall be construed according to
the method of accounting upon the basis of which the
person's base income is computed under this Act.
(16) Partnership and partner. The term "partnership"
includes a syndicate, group, pool, joint venture or other
unincorporated organization, through or by means of which
any business, financial operation, or venture is carried
on, and which is not, within the meaning of this Act, a
trust or estate or a corporation; and the term "partner"
includes a member in such syndicate, group, pool, joint
venture or organization.
The term "partnership" includes any entity, including
a limited liability company formed under the Illinois
Limited Liability Company Act, classified as a partnership
for federal income tax purposes.
The term "partnership" does not include a syndicate,
group, pool, joint venture, or other unincorporated
organization established for the sole purpose of playing
the Illinois State Lottery.

HB5004 Engrossed - 29 - LRB102 23330 RJF 32496 b
(17) Part-year resident. The term "part-year resident"
means an individual who became a resident during the
taxable year or ceased to be a resident during the taxable
year. Under Section 1501(a)(20)(A)(i) residence commences
with presence in this State for other than a temporary or
transitory purpose and ceases with absence from this State
for other than a temporary or transitory purpose. Under
Section 1501(a)(20)(A)(ii) residence commences with the
establishment of domicile in this State and ceases with
the establishment of domicile in another State.
(18) Person. The term "person" shall be construed to
mean and include an individual, a trust, estate,
partnership, association, firm, company, corporation,
limited liability company, or fiduciary. For purposes of
Section 1301 and 1302 of this Act, a "person" means (i) an
individual, (ii) a corporation, (iii) an officer, agent,
or employee of a corporation, (iv) a member, agent or
employee of a partnership, or (v) a member, manager,
employee, officer, director, or agent of a limited
liability company who in such capacity commits an offense
specified in Section 1301 and 1302.
(18A) Records. The term "records" includes all data
maintained by the taxpayer, whether on paper, microfilm,
microfiche, or any type of machine-sensible data
compilation.
(19) Regulations. The term "regulations" includes

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

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

HB5004 Engrossed - 32 - LRB102 23330 RJF 32496 b
preparation of a substantial portion of a return or
claim for refund shall be treated as the preparation
of that return or claim for refund.
(B) A person is not an income tax return preparer
if all he or she does is
(i) furnish typing, reproducing, or other
mechanical assistance;
(ii) prepare returns or claims for refunds for
the employer by whom he or she is regularly and
continuously employed;
(iii) prepare as a fiduciary returns or claims
for refunds for any person; or
(iv) prepare claims for refunds for a taxpayer
in response to any notice of deficiency issued to
that taxpayer or in response to any waiver of
restriction after the commencement of an audit of
that taxpayer or of another taxpayer if a
determination in the audit of the other taxpayer
directly or indirectly affects the tax liability
of the taxpayer whose claims he or she is
preparing.
(27) Unitary business group.
(A) The term "unitary business group" means a
group of persons related through common ownership
whose business activities are integrated with,
dependent upon and contribute to each other. The group

HB5004 Engrossed - 33 - LRB102 23330 RJF 32496 b
will not include those members whose business activity
outside the United States is 80% or more of any such
member's total business activity; for purposes of this
paragraph and clause (a)(3)(B)(ii) of Section 304,
business activity within the United States shall be
measured by means of the factors ordinarily applicable
under subsections (a), (b), (c), (d), or (h) of
Section 304 except that, in the case of members
ordinarily required to apportion business income by
means of the 3 factor formula of property, payroll and
sales specified in subsection (a) of Section 304,
including the formula as weighted in subsection (h) of
Section 304, such members shall not use the sales
factor in the computation and the results of the
property and payroll factor computations of subsection
(a) of Section 304 shall be divided by 2 (by one if
either the property or payroll factor has a
denominator of zero). The computation required by the
preceding sentence shall, in each case, involve the
division of the member's property, payroll, or revenue
miles in the United States, insurance premiums on
property or risk in the United States, or financial
organization business income from sources within the
United States, as the case may be, by the respective
worldwide figures for such items. Common ownership in
the case of corporations is the direct or indirect

HB5004 Engrossed - 34 - LRB102 23330 RJF 32496 b
control or ownership of more than 50% of the
outstanding voting stock of the persons carrying on
unitary business activity. Unitary business activity
can ordinarily be illustrated where the activities of
the members are: (1) in the same general line (such as
manufacturing, wholesaling, retailing of tangible
personal property, insurance, transportation or
finance); or (2) are steps in a vertically structured
enterprise or process (such as the steps involved in
the production of natural resources, which might
include exploration, mining, refining, and marketing);
and, in either instance, the members are functionally
integrated through the exercise of strong centralized
management (where, for example, authority over such
matters as purchasing, financing, tax compliance,
product line, personnel, marketing and capital
investment is not left to each member).
(B) In no event, for taxable years ending prior to
December 31, 2017, shall any unitary business group
include members which are ordinarily required to
apportion business income under different subsections
of Section 304 except that for tax years ending on or
after December 31, 1987 this prohibition shall not
apply to a holding company that would otherwise be a
member of a unitary business group with taxpayers that
apportion business income under any of subsections

HB5004 Engrossed - 35 - LRB102 23330 RJF 32496 b
(b), (c), (c-1), or (d) of Section 304. If a unitary
business group would, but for the preceding sentence,
include members that are ordinarily required to
apportion business income under different subsections
of Section 304, then for each subsection of Section
304 for which there are two or more members, there
shall be a separate unitary business group composed of
such members. For purposes of the preceding two
sentences, a member is "ordinarily required to
apportion business income" under a particular
subsection of Section 304 if it would be required to
use the apportionment method prescribed by such
subsection except for the fact that it derives
business income solely from Illinois. As used in this
paragraph, for taxable years ending before December
31, 2017, the phrase "United States" means only the 50
states and the District of Columbia, but does not
include any territory or possession of the United
States or any area over which the United States has
asserted jurisdiction or claimed exclusive rights with
respect to the exploration for or exploitation of
natural resources. For taxable years ending on or
after December 31, 2017, the phrase "United States",
as used in this paragraph, means only the 50 states,
the District of Columbia, and any area over which the
United States has asserted jurisdiction or claimed

HB5004 Engrossed - 36 - LRB102 23330 RJF 32496 b
exclusive rights with respect to the exploration for
or exploitation of natural resources, but does not
include any territory or possession of the United
States.
(C) Holding companies.
(i) For purposes of this subparagraph, a
"holding company" is a corporation (other than a
corporation that is a financial organization under
paragraph (8) of this subsection (a) of Section
1501 because it is a bank holding company under
the provisions of the Bank Holding Company Act of
1956 (12 U.S.C. 1841, et seq.) or because it is
owned by a bank or a bank holding company) that
owns a controlling interest in one or more other
taxpayers ("controlled taxpayers"); that, during
the period that includes the taxable year and the
2 immediately preceding taxable years or, if the
corporation was formed during the current or
immediately preceding taxable year, the taxable
years in which the corporation has been in
existence, derived substantially all its gross
income from dividends, interest, rents, royalties,
fees or other charges received from controlled
taxpayers for the provision of services, and gains
on the sale or other disposition of interests in
controlled taxpayers or in property leased or

HB5004 Engrossed - 37 - LRB102 23330 RJF 32496 b
licensed to controlled taxpayers or used by the
taxpayer in providing services to controlled
taxpayers; and that incurs no substantial expenses
other than expenses (including interest and other
costs of borrowing) incurred in connection with
the acquisition and holding of interests in
controlled taxpayers and in the provision of
services to controlled taxpayers or in the leasing
or licensing of property to controlled taxpayers.
(ii) The income of a holding company which is
a member of more than one unitary business group
shall be included in each unitary business group
of which it is a member on a pro rata basis, by
including in each unitary business group that
portion of the base income of the holding company
that bears the same proportion to the total base
income of the holding company as the gross
receipts of the unitary business group bears to
the combined gross receipts of all unitary
business groups (in both cases without regard to
the holding company) or on any other reasonable
basis, consistently applied.
(iii) A holding company shall apportion its
business income under the subsection of Section
304 used by the other members of its unitary
business group. The apportionment factors of a

HB5004 Engrossed - 38 - LRB102 23330 RJF 32496 b
holding company which would be a member of more
than one unitary business group shall be included
with the apportionment factors of each unitary
business group of which it is a member on a pro
rata basis using the same method used in clause
(ii).
(iv) The provisions of this subparagraph (C)
are intended to clarify existing law.
(D) If including the base income and factors of a
holding company in more than one unitary business
group under subparagraph (C) does not fairly reflect
the degree of integration between the holding company
and one or more of the unitary business groups, the
dependence of the holding company and one or more of
the unitary business groups upon each other, or the
contributions between the holding company and one or
more of the unitary business groups, the holding
company may petition the Director, under the
procedures provided under Section 304(f), for
permission to include all base income and factors of
the holding company only with members of a unitary
business group apportioning their business income
under one subsection of subsections (a), (b), (c), or
(d) of Section 304. If the petition is granted, the
holding company shall be included in a unitary
business group only with persons apportioning their

HB5004 Engrossed - 39 - LRB102 23330 RJF 32496 b
business income under the selected subsection of
Section 304 until the Director grants a petition of
the holding company either to be included in more than
one unitary business group under subparagraph (C) or
to include its base income and factors only with
members of a unitary business group apportioning their
business income under a different subsection of
Section 304.
(E) If the unitary business group members'
accounting periods differ, the common parent's
accounting period or, if there is no common parent,
the accounting period of the member that is expected
to have, on a recurring basis, the greatest Illinois
income tax liability must be used to determine whether
to use the apportionment method provided in subsection
(a) or subsection (h) of Section 304. The prohibition
against membership in a unitary business group for
taxpayers ordinarily required to apportion income
under different subsections of Section 304 does not
apply to taxpayers required to apportion income under
subsection (a) and subsection (h) of Section 304. The
provisions of this amendatory Act of 1998 apply to tax
years ending on or after December 31, 1998.
(28) Subchapter S corporation. The term "Subchapter S
corporation" means a corporation for which there is in
effect an election under Section 1362 of the Internal

HB5004 Engrossed - 40 - LRB102 23330 RJF 32496 b
Revenue Code, or for which there is a federal election to
opt out of the provisions of the Subchapter S Revision Act
of 1982 and have applied instead the prior federal
Subchapter S rules as in effect on July 1, 1982.
(30) Foreign person. The term "foreign person" means
any person who is a nonresident individual who is a
national or citizen of a country other than the United
States alien individual and any nonindividual entity,
regardless of where created or organized, whose business
activity outside the United States is 80% or more of the
entity's total business activity.
(b) Other definitions.
(1) Words denoting number, gender, and so forth, when
used in this Act, where not otherwise distinctly expressed
or manifestly incompatible with the intent thereof:
(A) Words importing the singular include and apply
to several persons, parties or things;
(B) Words importing the plural include the
singular; and
(C) Words importing the masculine gender include
the feminine as well.
(2) "Company" or "association" as including successors
and assigns. The word "company" or "association", when
used in reference to a corporation, shall be deemed to
embrace the words "successors and assigns of such company

HB5004 Engrossed - 41 - LRB102 23330 RJF 32496 b
or association", and in like manner as if these last-named
words, or words of similar import, were expressed.
(3) Other terms. Any term used in any Section of this
Act with respect to the application of, or in connection
with, the provisions of any other Section of this Act
shall have the same meaning as in such other Section.
(Source: P.A. 99-213, eff. 7-31-15; 100-22, eff. 7-6-17.)
Section 30. The Counties Code is amended by changing
Section 3-12007 as follows:
(55 ILCS 5/3-12007) (from Ch. 34, par. 3-12007)
Sec. 3-12007. Proposed rules for classified service. (a)
The Director of Personnel shall prepare and submit to the
commission proposed rules for the classified service. The
director shall give at least 10 days' notice to the heads of
all departments or agencies affected and they shall be given
an opportunity, upon their request, to appear before the
commission to express their views thereon before action is
taken by the commission.
(b) The rules, as adopted pursuant to subsection (a) of
Section 3-12005 shall provide for:
(1) preparation, maintenance and revision of a position
classification plan for all positions in the classified
service, based upon the similarity of duties performed and
responsibilities assumed, so that the same qualifications may

HB5004 Engrossed - 42 - LRB102 23330 RJF 32496 b
reasonably be required and the same schedule of pay may be
applied to all positions in the same class. Each position
authorized by the Board shall be allocated by the director to
the proper class and assigned to the appropriate pay range for
that class.
(2) promotion which shall give appropriate consideration
to the applicant's qualifications, record of performance,
seniority, and conduct. Vacancies shall be filled by promotion
whenever practicable and in the best interest of the county
service, and preference may be given to employees within the
department in which the vacancy occurs.
(3) open competitive examinations to determine the
relative fitness of applicants for the respective competitive
positions.
(4) competitive selection of employees for all classes in
the classified service.
(5) establishment of lists of eligibles for appointment
and promotion, upon which lists shall be placed the names of
successful candidates in the order of their relative
excellence in the respective examinations. The duration of
eligible lists for initial appointment shall be for no more
than one year unless extended by the director for not more than
one additional year; lists of eligibles for promotion shall be
maintained for as long as the tests on which they are based are
considered valid by the director.
(6) certification by the director to the appointing

HB5004 Engrossed - 43 - LRB102 23330 RJF 32496 b
authorities of not more than the top 5 names from the list of
eligibles for a single vacancy.
(7) rejection of candidates who do not comply with
reasonable job requirements in regard to such factors as age,
physical condition, training and experience, or who are
addicted to alcohol or narcotics or have been guilty of
infamous or disgraceful conduct or are undocumented immigrants
illegal aliens.
(8) periods of probationary employment. During the initial
probation period following appointment any employee may be
discharged or demoted without charges or hearing except that
any applicant or employee, regardless of status, who has
reason to believe that he/she has been discriminated against
because of religious opinions or affiliation, or race, sex, or
national origin in any personnel action may appeal to the
commission in accordance with the provisions of this Division
or in appropriate rules established by the commission pursuant
to subsection (a) of Section 3-12005.
(9) provisional employment without competitive
examinations when there is no appropriate eligible list
available. No person hired as a provisional employee shall
continue on the county payroll longer than 6 months per
calendar year nor shall successive provisional appointments be
allowed.
(10) transfer from a position in one department to a
position in another department involving similar

HB5004 Engrossed - 44 - LRB102 23330 RJF 32496 b
qualifications, duties, responsibilities and salary.
(11) procedures for authorized reinstatement within one
year of persons who resign in good standing.
(12) layoff by reason of lack of funds or work or abolition
of the position, or material changes in duties or
organization, and for the layoff of nontenured employees
first, and for the reemployment of permanent employees so laid
off, giving consideration in both layoff and reemployment to
performance record and seniority in service.
(13) keeping records of performance of all employees in
the classified service.
(14) suspension, demotion or dismissal of an employee for
misconduct, inefficiency, incompetence, insubordination,
malfeasance or other unfitness to render effective service and
for the investigation and hearing of appeals of any employee
recommended for suspension, demotion or dismissal by a
department head for any of the foregoing reasons.
(15) establishment of a plan for resolving employee
grievances and complaints, including an appeals procedure.
(16) hours of work, holidays and attendance regulations,
and for annual, sick and special leaves of absence, with or
without pay, or at reduced pay.
(17) development of employee morale, safety and training
programs.
(18) establishment of a period of probation, the length of
which shall be determined by the complexity of the work

HB5004 Engrossed - 45 - LRB102 23330 RJF 32496 b
involved, but which shall not exceed one year without special
written approval from the commission.
(19) such other rules, not inconsistent with this
Division, as may be proper and necessary for its enforcement.
(Source: P.A. 86-962.)
Section 35. The Metropolitan Water Reclamation District
Act is amended by changing Section 11.15 as follows:
(70 ILCS 2605/11.15) (from Ch. 42, par. 331.15)
Sec. 11.15. No person shall be employed upon contracts for
work to be done by any such sanitary district unless he or she
is a citizen of the United States, a national of the United
States under Section 1401 of Title 8 of the United States Code,
a person an alien lawfully admitted for permanent residence
under Section 1101 of Title 8 of the United States Code, an
individual who has been granted asylum under Section 1158 of
Title 8 of the United States Code, or an individual who is
otherwise legally authorized to work in the United States.
(Source: P.A. 98-280, eff. 8-9-13; 99-231, eff. 8-3-15.)
Section 40. The Board of Higher Education Act is amended
by changing Section 9.16 as follows:
(110 ILCS 205/9.16) (from Ch. 144, par. 189.16)
Sec. 9.16. Underrepresentation of certain groups in higher

HB5004 Engrossed - 46 - LRB102 23330 RJF 32496 b
education. To require public institutions of higher education
to develop and implement methods and strategies to increase
the participation of minorities, women and individuals with
disabilities who are traditionally underrepresented in
education programs and activities. For the purpose of this
Section, minorities shall mean persons who are citizens of the
United States or lawful permanent residents resident aliens of
the United States and who are any of the following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa).
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
The Board shall adopt any rules necessary to administer

HB5004 Engrossed - 47 - LRB102 23330 RJF 32496 b
this Section. The Board shall also do the following:
(a) require all public institutions of higher education to
develop and submit plans for the implementation of this
Section;
(b) conduct periodic review of public institutions of
higher education to determine compliance with this Section;
and if the Board finds that a public institution of higher
education is not in compliance with this Section, it shall
notify the institution of steps to take to attain compliance;
(c) provide advice and counsel pursuant to this Section;
(d) conduct studies of the effectiveness of methods and
strategies designed to increase participation of students in
education programs and activities in which minorities, women
and individuals with disabilities are traditionally
underrepresented, and monitor the success of students in such
education programs and activities;
(e) encourage minority student recruitment and retention
in colleges and universities. In implementing this paragraph,
the Board shall undertake but need not be limited to the
following: the establishment of guidelines and plans for
public institutions of higher education for minority student
recruitment and retention, the review and monitoring of
minority student programs implemented at public institutions
of higher education to determine their compliance with any
guidelines and plans so established, the determination of the
effectiveness and funding requirements of minority student

HB5004 Engrossed - 48 - LRB102 23330 RJF 32496 b
programs at public institutions of higher education, the
dissemination of successful programs as models, and the
encouragement of cooperative partnerships between community
colleges and local school attendance centers which are
experiencing difficulties in enrolling minority students in
four-year colleges and universities;
(f) mandate all public institutions of higher education to
submit data and information essential to determine compliance
with this Section. The Board shall prescribe the format and
the date for submission of this data and any other education
equity data; and
(g) report to the General Assembly and the Governor
annually with a description of the plans submitted by each
public institution of higher education for implementation of
this Section, including financial data relating to the most
recent fiscal year expenditures for specific minority
programs, the effectiveness of such plans and programs and the
effectiveness of the methods and strategies developed by the
Board in meeting the purposes of this Section, the degree of
compliance with this Section by each public institution of
higher education as determined by the Board pursuant to its
periodic review responsibilities, and the findings made by the
Board in conducting its studies and monitoring student success
as required by paragraph d) of this Section. With respect to
each public institution of higher education such report also
shall include, but need not be limited to, information with

HB5004 Engrossed - 49 - LRB102 23330 RJF 32496 b
respect to each institution's minority program budget
allocations; minority student admission, retention and
graduation statistics; admission, retention, and graduation
statistics of all students who are the first in their
immediate family to attend an institution of higher education;
number of financial assistance awards to undergraduate and
graduate minority students; and minority faculty
representation. This paragraph shall not be construed to
prohibit the Board from making, preparing or issuing
additional surveys or studies with respect to minority
education in Illinois.
(Source: P.A. 102-465, eff. 1-1-22.)
Section 45. The Dental Student Grant Act is amended by
changing Section 3.06 as follows:
(110 ILCS 925/3.06) (from Ch. 144, par. 1503.06)
Sec. 3.06. "Eligible dental student" means a person who
meets all of the following qualifications:
(a) That the individual is a resident of this State and a
citizen or lawful permanent resident alien of the United
States;
(b) That the individual has been accepted in a dental
school located in Illinois;
(c) That the individual exhibits financial need as
determined by the Department;

HB5004 Engrossed - 50 - LRB102 23330 RJF 32496 b
(d) That the individual has earned an educational diploma
at an institution of education located in this State or has
been a resident of the State for no less than 3 years prior to
applying for the grant;
(e) That the individual is a member of a racial minority as
defined in Section 3.07; and
(f) That the individual meets other qualifications which
shall be established by the Department.
(Source: P.A. 87-665.)
Section 50. The Diversifying Higher Education Faculty in
Illinois Act is amended by changing Sections 2 and 7 as
follows:
(110 ILCS 930/2) (from Ch. 144, par. 2302)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
"Board" means the Board of Higher Education.
"DFI" means the Diversifying Higher Education Faculty in
Illinois Program of financial assistance to minorities who are
traditionally underrepresented as participants in
postsecondary education. The program shall assist them in
pursuing a graduate or professional degree and shall also
assist program graduates to find employment at an Illinois
institution of higher education, including a community
college, in a faculty or staff position.

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

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

HB5004 Engrossed - 53 - LRB102 23330 RJF 32496 b
ability to pursue a graduate or professional degree; and
(f) That the individual meets other qualifications
which shall be established by the Program Board.
Grant funds shall be awarded only to those persons
pursuing a graduate or professional degree program at a
qualified institution of higher education.
The Board shall by rule promulgate, pursuant to the
Illinois Administrative Procedure Act, precise standards to be
used by the Program Board to determine whether a program
applicant has above average academic ability to pursue a
graduate or professional degree.
(Source: P.A. 93-862, eff. 8-4-04.)
Section 55. The Higher Education Student Assistance Act is
amended by changing Sections 65.50 and 65.110 as follows:
(110 ILCS 947/65.50)
Sec. 65.50. Teacher training full-time undergraduate
scholarships.
(a) Five hundred new scholarships shall be provided each
year for qualified high school students or high school
graduates who desire to pursue full-time undergraduate studies
in teacher education at public or private universities or
colleges and community colleges in this State. The Commission,
in accordance with rules and regulations promulgated for this
program, shall provide funding and shall designate each year's

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

HB5004 Engrossed - 55 - LRB102 23330 RJF 32496 b
the number of scholarships to be awarded, the Commission shall
give priority in awarding scholarships to students in
financial need. The Commission shall consider factors such as
the applicant's family income, the size of the applicant's
family and the number of other children in the applicant's
family attending college in determining the financial need of
the individual.
Unless otherwise indicated, these scholarships shall be
good for a period of up to 4 years while the recipient is
enrolled for residence credit at a public or private
university or college or at a community college. The
scholarship shall cover tuition, fees and a stipend of $1,500
per year. For purposes of calculating scholarship awards for
recipients attending private universities or colleges, tuition
and fees for students at private colleges and universities
shall not exceed the average tuition and fees for students at
4-year public colleges and universities for the academic year
in which the scholarship is made.
(b) Upon graduation from or termination of enrollment in a
teacher education program, any person who accepted a
scholarship under the undergraduate scholarship program
continued by this Section, including persons whose graduation
or termination of enrollment occurred prior to the effective
date of this amendatory Act of 1993, shall teach in any school
in this State for at least 4 of the 7 years immediately
following his or her graduation or termination. If the

HB5004 Engrossed - 56 - LRB102 23330 RJF 32496 b
recipient spends up to 4 years in military service before or
after he or she graduates, the period of military service
shall be excluded from the computation of that 7 year period. A
recipient who is enrolled full-time in an academic program
leading to a graduate degree in education shall have the
period of graduate study excluded from the computation of that
7 year period.
Any person who fails to fulfill the teaching requirement
shall pay to the Commission an amount equal to one-fourth of
the scholarship received for each unfulfilled year of the
4-year teaching requirement, together with interest at 8% per
year on that amount. However, this obligation to repay does
not apply when the failure to fulfill the teaching requirement
results from involuntarily leaving the profession due to a
decrease in the number of teachers employed by the school
board or a discontinuation of a type of teaching service under
Section 24-12 of the School Code or from the death or
adjudication as incompetent of the person holding the
scholarship. No claim for repayment may be filed against the
estate of such a decedent or incompetent.
Each person applying for such a scholarship shall be
provided with a copy of this subsection at the time he or she
applies for the benefits of such scholarship.
(c) This Section is substantially the same as Sections
30-14.5 and 30-14.6 of the School Code, which are repealed by
this amendatory Act of 1993, and shall be construed as a

HB5004 Engrossed - 57 - LRB102 23330 RJF 32496 b
continuation of the teacher training undergraduate scholarship
program established by that prior law, and not as a new or
different teacher training undergraduate scholarship program.
The State Board of Education shall transfer to the Commission,
as the successor to the State Board of Education for all
purposes of administering and implementing the provisions of
this Section, all books, accounts, records, papers, documents,
contracts, agreements, and pending business in any way
relating to the teacher training undergraduate scholarship
program continued under this Section, and all scholarships at
any time awarded under that program by, and all applications
for any such scholarship at any time made to, the State Board
of Education shall be unaffected by the transfer to the
Commission of all responsibility for the administration and
implementation of the teacher training undergraduate
scholarship program continued under this Section. The State
Board of Education shall furnish to the Commission such other
information as the Commission may request to assist it in
administering this Section.
(Source: P.A. 88-228.)
(110 ILCS 947/65.110)
Sec. 65.110. Post-Master of Social Work School Social Work
Professional Educator License scholarship.
(a) Subject to appropriation, beginning with awards for
the 2022-2023 academic year, the Commission shall award

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

HB5004 Engrossed - 59 - LRB102 23330 RJF 32496 b
(2) secondly, to new, qualified applicants who are
members of a racial minority, as defined in subsection
(c); and
(3) finally, to other new, qualified applicants in
accordance with this Section.
(c) Scholarships awarded under this Section shall be
issued pursuant to rules adopted by the Commission. In
awarding scholarships, the Commission shall give priority to
those applicants who are members of a racial minority. Racial
minorities are underrepresented as school social workers in
elementary and secondary schools in this State, and the
General Assembly finds that it is in the interest of this State
to provide them with priority consideration for programs that
encourage their participation in this field and thereby foster
a profession that is more reflective of the diversity of
Illinois students and the parents they will serve. A more
reflective workforce in school social work allows improved
outcomes for students and a better utilization of services.
Therefore, the Commission shall give priority to those
applicants who are members of a racial minority. In this
subsection (c), "racial minority" means a person who is a
citizen of the United States or a lawful permanent resident
alien of the United States and who is:
(1) Black (a person having origins in any of the black
racial groups in Africa);
(2) Hispanic (a person of Spanish or Portuguese

HB5004 Engrossed - 60 - LRB102 23330 RJF 32496 b
culture with origins in Mexico, South or Central America,
or the Caribbean Islands, regardless of race);
(3) Asian American (a person having origins in any of
the original peoples of the Far East, Southeast Asia, the
Indian Subcontinent, or the Pacific Islands); or
(4) American Indian or Alaskan Native (a person having
origins in any of the original peoples of North America).
(d) Each scholarship shall be applied to the payment of
tuition and mandatory fees at the University of Illinois,
Southern Illinois University, Chicago State University,
Eastern Illinois University, Governors State University,
Illinois State University, Northeastern Illinois University,
Northern Illinois University, and Western Illinois University.
Each scholarship may be applied to pay tuition and mandatory
fees required to obtain an Illinois Professional Educator
License with an endorsement in School Social Work.
(e) The Commission shall make tuition and fee payments
directly to the qualified institution of higher learning that
the applicant attends.
(f) Any person who has accepted a scholarship under this
Section must, within one year after graduation or termination
of enrollment in a Post-Master of Social Work Professional
Education License with an endorsement in School Social Work
program, begin working as a school social worker at a public or
nonpublic not-for-profit preschool, elementary school, or
secondary school located in this State for at least 2 of the 5

HB5004 Engrossed - 61 - LRB102 23330 RJF 32496 b
years immediately following that graduation or termination,
excluding, however, from the computation of that 5-year
period: (i) any time up to 3 years spent in the military
service, whether such service occurs before or after the
person graduates; (ii) the time that person is a person with a
temporary total disability for a period of time not to exceed 3
years, as established by the sworn affidavit of a qualified
physician; and (iii) the time that person is seeking and
unable to find full-time employment as a school social worker
at a State public or nonpublic not-for-profit preschool,
elementary school, or secondary school.
(g) If a recipient of a scholarship under this Section
fails to fulfill the work obligation set forth in subsection
(f), the Commission shall require the recipient to repay the
amount of the scholarships received, prorated according to the
fraction of the obligation not completed, at a rate of
interest equal to 5%, and, if applicable, reasonable
collection fees. The Commission is authorized to establish
rules relating to its collection activities for repayment of
scholarships under this Section. All repayments collected
under this Section shall be forwarded to the State Comptroller
for deposit into this State's General Revenue Fund.
A recipient of a scholarship under this Section is not
considered to be in violation of the failure to fulfill the
work obligation under subsection (f) if the recipient (i)
enrolls on a full-time basis as a graduate student in a course

HB5004 Engrossed - 62 - LRB102 23330 RJF 32496 b
of study related to the field of social work at a qualified
Illinois institution of higher learning; (ii) is serving, not
in excess of 3 years, as a member of the armed services of the
United States; (iii) is a person with a temporary total
disability for a period of time not to exceed 3 years, as
established by the sworn affidavit of a qualified physician;
(iv) is seeking and unable to find full-time employment as a
school social worker at an Illinois public or nonpublic
not-for-profit preschool, elementary school, or secondary
school that satisfies the criteria set forth in subsection (f)
and is able to provide evidence of that fact; or (v) becomes a
person with a permanent total disability, as established by
the sworn affidavit of a qualified physician.
(Source: P.A. 102-621, eff. 1-1-22.)
Section 60. The Mental Health Graduate Education
Scholarship Act is amended by changing Section 20 as follows:
(110 ILCS 952/20)
Sec. 20. Scholarships.
(a) Beginning with the fall term of the 2009-2010 academic
year, the Department, in accordance with rules adopted by it
for this program, shall provide scholarships to individuals
selected from among those applicants who qualify for
consideration by showing all of the following:
(1) That the individual has been a resident of this

HB5004 Engrossed - 63 - LRB102 23330 RJF 32496 b
State for at least one year prior to application and is a
citizen or a lawful permanent resident alien of the United
States.
(2) That the individual enrolled in or accepted into a
mental health graduate program at an approved institution.
(3) That the individual agrees to meet the mental
health employment obligation.
(b) If in any year the number of qualified applicants
exceeds the number of scholarships to be awarded, the
Department shall, in consultation with the Advisory Council,
consider the following factors in granting priority in
awarding scholarships:
(1) Financial need, as shown on a standardized
financial needs assessment form used by an approved
institution.
(2) A student's merit, as shown through his or her
grade point average, class rank, and other academic and
extracurricular activities.
The Department may add to and further define these merit
criteria by rule.
(c) Unless otherwise indicated, scholarships shall be
awarded to recipients at approved institutions for a period of
up to 2 years if the recipient is enrolled in a master's degree
program and up to 4 years if the recipient is enrolled in a
doctoral degree program.
(Source: P.A. 96-672, eff. 8-25-09.)

HB5004 Engrossed - 64 - LRB102 23330 RJF 32496 b
Section 65. The Nursing Education Scholarship Law is
amended by changing Sections 5 and 6.5 as follows:
(110 ILCS 975/5) (from Ch. 144, par. 2755)
Sec. 5. Nursing education scholarships. Beginning with the
fall term of the 2004-2005 academic year, the Department, in
accordance with rules and regulations promulgated by it for
this program, shall provide scholarships to individuals
selected from among those applicants who qualify for
consideration by showing:
(1) that he or she has been a resident of this State
for at least one year prior to application, and is a
citizen or a lawful permanent resident alien of the United
States;
(2) that he or she is enrolled in or accepted for
admission to an associate degree in nursing program,
hospital-based diploma in nursing program, baccalaureate
degree in nursing program, graduate degree in nursing
program, or practical nursing program at an approved
institution; and
(3) that he or she agrees to meet the nursing
employment obligation.
If in any year the number of qualified applicants exceeds
the number of scholarships to be awarded, the Department
shall, in consultation with the Illinois Nursing Workforce

HB5004 Engrossed - 65 - LRB102 23330 RJF 32496 b
Center Advisory Board, consider the following factors in
granting priority in awarding scholarships:
(A) Financial need, as shown on a standardized
financial needs assessment form used by an approved
institution, of students who will pursue their
education on a full-time or close to full-time basis
and who already have a certificate in practical
nursing, a diploma in nursing, or an associate degree
in nursing and are pursuing a higher degree.
(B) A student's status as a registered nurse who
is pursuing a graduate degree in nursing to pursue
employment in an approved institution that educates
licensed practical nurses and that educates registered
nurses in undergraduate and graduate nursing programs.
(C) A student's merit, as shown through his or her
grade point average, class rank, and other academic
and extracurricular activities. The Department may add
to and further define these merit criteria by rule.
Unless otherwise indicated, scholarships shall be awarded
to recipients at approved institutions for a period of up to 2
years if the recipient is enrolled in an associate degree in
nursing program, up to 3 years if the recipient is enrolled in
a hospital-based diploma in nursing program, up to 4 years if
the recipient is enrolled in a baccalaureate degree in nursing
program, up to 5 years if the recipient is enrolled in a
graduate degree in nursing program, and up to one year if the

HB5004 Engrossed - 66 - LRB102 23330 RJF 32496 b
recipient is enrolled in a certificate in practical nursing
program. At least 40% of the scholarships awarded shall be for
recipients who are pursuing baccalaureate degrees in nursing,
30% of the scholarships awarded shall be for recipients who
are pursuing associate degrees in nursing or a diploma in
nursing, 10% of the scholarships awarded shall be for
recipients who are pursuing a certificate in practical
nursing, and 20% of the scholarships awarded shall be for
recipients who are pursuing a graduate degree in nursing.
Beginning with the fall term of the 2021-2022 academic
year and continuing through the 2024-2025 academic year,
subject to appropriation from the Hospital Licensure Fund, in
addition to any other funds available to the Department for
such scholarships, the Department may award a total of
$500,000 annually in scholarships under this Section.
(Source: P.A. 102-641, eff. 8-27-21.)
(110 ILCS 975/6.5)
Sec. 6.5. Nurse educator scholarships.
(a) Beginning with the fall term of the 2009-2010 academic
year, the Department shall provide scholarships to individuals
selected from among those applicants who qualify for
consideration by showing the following:
(1) that he or she has been a resident of this State
for at least one year prior to application and is a citizen
or a lawful permanent resident alien of the United States;

HB5004 Engrossed - 67 - LRB102 23330 RJF 32496 b
(2) that he or she is enrolled in or accepted for
admission to a graduate degree in nursing program at an
approved institution; and
(3) that he or she agrees to meet the nurse educator
employment obligation.
(b) If in any year the number of qualified applicants
exceeds the number of scholarships to be awarded under this
Section, the Department shall, in consultation with the
Illinois Nursing Workforce Center Advisory Board, consider the
following factors in granting priority in awarding
scholarships:
(1) Financial need, as shown on a standardized
financial needs assessment form used by an approved
institution, of students who will pursue their education
on a full-time or close to full-time basis and who already
have a diploma in nursing and are pursuing a higher
degree.
(2) A student's status as a registered nurse who is
pursuing a graduate degree in nursing to pursue employment
in an approved institution that educates licensed
practical nurses and that educates registered nurses in
undergraduate and graduate nursing programs.
(3) A student's merit, as shown through his or her
grade point average, class rank, experience as a nurse,
including supervisory experience, experience as a nurse in
the United States military, and other academic and

HB5004 Engrossed - 68 - LRB102 23330 RJF 32496 b
extracurricular activities.
(c) Unless otherwise indicated, scholarships under this
Section shall be awarded to recipients at approved
institutions for a period of up to 3 years.
(d) Within 12 months after graduation from a graduate
degree in nursing program for nurse educators, any recipient
who accepted a scholarship under this Section shall begin
meeting the required nurse educator employment obligation. In
order to defer his or her continuous employment obligation, a
recipient must request the deferment in writing from the
Department. A recipient shall receive a deferment if he or she
notifies the Department, within 30 days after enlisting, that
he or she is spending up to 4 years in military service. A
recipient shall receive a deferment if he or she notifies the
Department, within 30 days after enrolling, that he or she is
enrolled in an academic program leading to a graduate degree
in nursing. The recipient must begin meeting the required
nurse educator employment obligation no later than 6 months
after the end of the deferment or deferments.
Any person who fails to fulfill the nurse educator
employment obligation shall pay to the Department an amount
equal to the amount of scholarship funds received per year for
each unfulfilled year of the nurse educator employment
obligation, together with interest at 7% per year on the
unpaid balance. Payment must begin within 6 months following
the date of the occurrence initiating the repayment. All

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

HB5004 Engrossed - 70 - LRB102 23330 RJF 32496 b
purported rule not so adopted, for whatever reason, is
unauthorized.
(Source: P.A. 100-513, eff. 1-1-18.)
Section 70. The Comprehensive Health Insurance Plan Act is
amended by changing Section 7 as follows:
(215 ILCS 105/7) (from Ch. 73, par. 1307)
Sec. 7. Eligibility.
a. Except as provided in subsection (e) of this Section or
in Section 15 of this Act, any person who is either a citizen
of the United States or an individual an alien lawfully
admitted for permanent residence and who has been for a period
of at least 180 days and continues to be a resident of this
State shall be eligible for Plan coverage under this Section
if evidence is provided of:
(1) A notice of rejection or refusal to issue
substantially similar individual health insurance coverage
for health reasons by a health insurance issuer;
(2) A refusal by a health insurance issuer to issue
individual health insurance coverage except at a rate
exceeding the applicable Plan rate for which the person is
responsible; or
(3) The absence of available health insurance coverage
for a person under 19 years of age.
A rejection or refusal by a group health plan or health

HB5004 Engrossed - 71 - LRB102 23330 RJF 32496 b
insurance issuer offering only stop-loss or excess of loss
insurance or contracts, agreements, or other arrangements for
reinsurance coverage with respect to the applicant shall not
be sufficient evidence under this subsection.
b. The Board shall promulgate a list of medical or health
conditions for which a person who is either a citizen of the
United States or an individual an alien lawfully admitted for
permanent residence and a resident of this State would be
eligible for Plan coverage without applying for health
insurance coverage pursuant to subsection a. of this Section.
Persons who can demonstrate the existence or history of any
medical or health conditions on the list promulgated by the
Board shall not be required to provide the evidence specified
in subsection a. of this Section. The list shall be effective
on the first day of the operation of the Plan and may be
amended from time to time as appropriate.
c. Family members of the same household who each are
covered persons are eligible for optional family coverage
under the Plan.
d. For persons qualifying for coverage in accordance with
Section 7 of this Act, the Board shall, if it determines that
such appropriations as are made pursuant to Section 12 of this
Act are insufficient to allow the Board to accept all of the
eligible persons which it projects will apply for enrollment
under the Plan, limit or close enrollment to ensure that the
Plan is not over-subscribed and that it has sufficient

HB5004 Engrossed - 72 - LRB102 23330 RJF 32496 b
resources to meet its obligations to existing enrollees. The
Board shall not limit or close enrollment for federally
eligible individuals.
e. A person shall not be eligible for coverage under the
Plan if:
(1) He or she has or obtains other coverage under a
group health plan or health insurance coverage
substantially similar to or better than a Plan policy as
an insured or covered dependent or would be eligible to
have that coverage if he or she elected to obtain it.
Persons otherwise eligible for Plan coverage may, however,
solely for the purpose of having coverage for a
pre-existing condition, maintain other coverage only while
satisfying any pre-existing condition waiting period under
a Plan policy or a subsequent replacement policy of a Plan
policy.
(1.1) His or her prior coverage under a group health
plan or health insurance coverage, provided or arranged by
an employer of more than 10 employees was discontinued for
any reason without the entire group or plan being
discontinued and not replaced, provided he or she remains
an employee, or dependent thereof, of the same employer.
(2) He or she is a recipient of or is approved to
receive medical assistance, except that a person may
continue to receive medical assistance through the medical
assistance no grant program, but only while satisfying the

HB5004 Engrossed - 73 - LRB102 23330 RJF 32496 b
requirements for a preexisting condition under Section 8,
subsection f. of this Act. Payment of premiums pursuant to
this Act shall be allocable to the person's spenddown for
purposes of the medical assistance no grant program, but
that person shall not be eligible for any Plan benefits
while that person remains eligible for medical assistance.
If the person continues to receive or be approved to
receive medical assistance through the medical assistance
no grant program at or after the time that requirements
for a preexisting condition are satisfied, the person
shall not be eligible for coverage under the Plan. In that
circumstance, coverage under the Plan shall terminate as
of the expiration of the preexisting condition limitation
period. Under all other circumstances, coverage under the
Plan shall automatically terminate as of the effective
date of any medical assistance.
(3) Except as provided in Section 15, the person has
previously participated in the Plan and voluntarily
terminated Plan coverage, unless 12 months have elapsed
since the person's latest voluntary termination of
coverage.
(4) The person fails to pay the required premium under
the covered person's terms of enrollment and
participation, in which event the liability of the Plan
shall be limited to benefits incurred under the Plan for
the time period for which premiums had been paid and the

HB5004 Engrossed - 74 - LRB102 23330 RJF 32496 b
covered person remained eligible for Plan coverage.
(5) The Plan has paid a total of $5,000,000 in
benefits on behalf of the covered person.
(6) The person is a resident of a public institution.
(7) The person's premium is paid for or reimbursed
under any government sponsored program or by any
government agency or health care provider, except as an
otherwise qualifying full-time employee, or dependent of
such employee, of a government agency or health care
provider or, except when a person's premium is paid by the
U.S. Treasury Department pursuant to the federal Trade Act
of 2002.
(8) The person has or later receives other benefits or
funds from any settlement, judgement, or award resulting
from any accident or injury, regardless of the date of the
accident or injury, or any other circumstances creating a
legal liability for damages due that person by a third
party, whether the settlement, judgment, or award is in
the form of a contract, agreement, or trust on behalf of a
minor or otherwise and whether the settlement, judgment,
or award is payable to the person, his or her dependent,
estate, personal representative, or guardian in a lump sum
or over time, so long as there continues to be benefits or
assets remaining from those sources in an amount in excess
of $300,000.
(9) Within the 5 years prior to the date a person's

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

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

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

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

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

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

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(1) Reserve component voluntary active service means
service under one of the following authorities:
(A) any duty under 32 U.S.C. 502(f)(1)(B);
(B) active guard reserve duty, operational
support, or additional duty under 10 U.S.C. 12301(d)
or 32 U.S.C. 502(f)(1)(B);
(C) funeral honors under 10 U.S.C. 12503 or 32
U.S.C. 115;
(D) duty at the National Guard Bureau under 10
U.S.C. 12402;
(E) unsatisfactory participation under 10 U.S.C.
10148 or 10 U.S.C. 12303;
(F) discipline under 10 U.S.C. 802(d);
(G) extended active duty under 10 U.S.C. 12311;
and
(H) reserve program administrator under 10 U.S.C.
10211.
(2) Reserve component involuntary active service
includes, but is not limited to, service under one of the
following authorities:
(A) annual training or drill requirements under 10
U.S.C. 10147, 10 U.S.C. 12301(b) or 32 U.S.C. 502(a).
(B) additional training duty or other duty under
32 U.S.C. 502(f)(1)(A);
(C) pre-planned or pre-programmed combatant
commander support under 10 U.S.C. 12304b;

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

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

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

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

HB5004 Engrossed - 86 - LRB102 23330 RJF 32496 b
status.
"Service member" means any person who is a member of a
military service.
"State active duty" means full-time State-funded military
duty under the command and control of the Governor and subject
to the Military Code of Illinois.
"Unit of local government" means any city, village, town,
county, or special district.
(Source: P.A. 100-1101, eff. 1-1-19.)
Section 90. The Firearm Owners Identification Card Act is
amended by changing Sections 1.1, 4, and 8 as follows:
(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
Sec. 1.1. For purposes of this Act:
"Addicted to narcotics" means a person who has been:
(1) convicted of an offense involving the use or
possession of cannabis, a controlled substance, or
methamphetamine within the past year; or
(2) determined by the Illinois State Police to be
addicted to narcotics based upon federal law or federal
guidelines.
"Addicted to narcotics" does not include possession or use
of a prescribed controlled substance under the direction and
authority of a physician or other person authorized to
prescribe the controlled substance when the controlled

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

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

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

HB5004 Engrossed - 90 - LRB102 23330 RJF 32496 b
(4) an antique firearm (other than a machine-gun)
which, although designed as a weapon, the Illinois State
Police finds by reason of the date of its manufacture,
value, design, and other characteristics is primarily a
collector's item and is not likely to be used as a weapon.
"Firearm ammunition" means any self-contained cartridge or
shotgun shell, by whatever name known, which is designed to be
used or adaptable to use in a firearm; excluding, however:
(1) any ammunition exclusively designed for use with a
device used exclusively for signaling signalling or safety
and required or recommended by the United States Coast
Guard or the Interstate Commerce Commission; and
(2) any ammunition designed exclusively for use with a
stud or rivet driver or other similar industrial
ammunition.
"Gun show" means an event or function:
(1) at which the sale and transfer of firearms is the
regular and normal course of business and where 50 or more
firearms are displayed, offered, or exhibited for sale,
transfer, or exchange; or
(2) at which not less than 10 gun show vendors
display, offer, or exhibit for sale, sell, transfer, or
exchange firearms.
"Gun show" includes the entire premises provided for an
event or function, including parking areas for the event or
function, that is sponsored to facilitate the purchase, sale,

HB5004 Engrossed - 91 - LRB102 23330 RJF 32496 b
transfer, or exchange of firearms as described in this
Section. Nothing in this definition shall be construed to
exclude a gun show held in conjunction with competitive
shooting events at the World Shooting Complex sanctioned by a
national governing body in which the sale or transfer of
firearms is authorized under subparagraph (5) of paragraph (g)
of subsection (A) of Section 24-3 of the Criminal Code of 2012.
Unless otherwise expressly stated, "gun show" does not
include training or safety classes, competitive shooting
events, such as rifle, shotgun, or handgun matches, trap,
skeet, or sporting clays shoots, dinners, banquets, raffles,
or any other event where the sale or transfer of firearms is
not the primary course of business.
"Gun show promoter" means a person who organizes or
operates a gun show.
"Gun show vendor" means a person who exhibits, sells,
offers for sale, transfers, or exchanges any firearms at a gun
show, regardless of whether the person arranges with a gun
show promoter for a fixed location from which to exhibit,
sell, offer for sale, transfer, or exchange any firearm.
"Involuntarily admitted" has the meaning as prescribed in
Sections 1-119 and 1-119.1 of the Mental Health and
Developmental Disabilities Code.
"Mental health facility" means any licensed private
hospital or hospital affiliate, institution, or facility, or
part thereof, and any facility, or part thereof, operated by

HB5004 Engrossed - 92 - LRB102 23330 RJF 32496 b
the State or a political subdivision thereof which provides
provide treatment of persons with mental illness and includes
all hospitals, institutions, clinics, evaluation facilities,
mental health centers, colleges, universities, long-term care
facilities, and nursing homes, or parts thereof, which provide
treatment of persons with mental illness whether or not the
primary purpose is to provide treatment of persons with mental
illness.
"National governing body" means a group of persons who
adopt rules and formulate policy on behalf of a national
firearm sporting organization.
"Noncitizen" means a person who is not a citizen of the
United States, but is a person who is a foreign-born person who
lives in the United States, has not been naturalized, and is
still a citizen of a foreign country.
"Patient" means:
(1) a person who is admitted as an inpatient or
resident of a public or private mental health facility for
mental health treatment under Chapter III of the Mental
Health and Developmental Disabilities Code as an informal
admission, a voluntary admission, a minor admission, an
emergency admission, or an involuntary admission, unless
the treatment was solely for an alcohol abuse disorder; or
(2) a person who voluntarily or involuntarily receives
mental health treatment as an out-patient or is otherwise
provided services by a public or private mental health

HB5004 Engrossed - 93 - LRB102 23330 RJF 32496 b
facility, and who poses a clear and present danger to
himself, herself, or to others.
"Person with a developmental disability" means a person
with a disability which is attributable to any other condition
which results in impairment similar to that caused by an
intellectual disability and which requires services similar to
those required by persons with intellectual disabilities. The
disability must originate before the age of 18 years, be
expected to continue indefinitely, and constitute a
substantial disability. This disability results, in the
professional opinion of a physician, clinical psychologist, or
qualified examiner, in significant functional limitations in 3
or more of the following areas of major life activity:
(i) self-care;
(ii) receptive and expressive language;
(iii) learning;
(iv) mobility; or
(v) self-direction.
"Person with an intellectual disability" means a person
with a significantly subaverage general intellectual
functioning which exists concurrently with impairment in
adaptive behavior and which originates before the age of 18
years.
"Physician" has the meaning as defined in Section 1-120 of
the Mental Health and Developmental Disabilities Code.
"Protective order" means any orders of protection issued

HB5004 Engrossed - 94 - LRB102 23330 RJF 32496 b
under the Illinois Domestic Violence Act of 1986, stalking no
contact orders issued under the Stalking No Contact Order Act,
civil no contact orders issued under the Civil No Contact
Order Act, and firearms restraining orders issued under the
Firearms Restraining Order Act.
"Qualified examiner" has the meaning provided in Section
1-122 of the Mental Health and Developmental Disabilities
Code.
"Sanctioned competitive shooting event" means a shooting
contest officially recognized by a national or state shooting
sport association, and includes any sight-in or practice
conducted in conjunction with the event.
"School administrator" means the person required to report
under the School Administrator Reporting of Mental Health
Clear and Present Danger Determinations Law.
"Stun gun or taser" has the meaning ascribed to it in
Section 24-1 of the Criminal Code of 2012.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-6-21.)
(430 ILCS 65/4) (from Ch. 38, par. 83-4)
Sec. 4. Application for Firearm Owner's Identification
Cards.
(a) Each applicant for a Firearm Owner's Identification
Card must:
(1) Submit an application as made available by the

HB5004 Engrossed - 95 - LRB102 23330 RJF 32496 b
Illinois State Police; and
(2) Submit evidence to the Illinois State Police that:
(i) This subparagraph (i) applies through the
180th day following July 12, 2019 (the effective date
of Public Act 101-80) this amendatory Act of the 101st
General Assembly. He or she is 21 years of age or over,
or if he or she is under 21 years of age that he or she
has the written consent of his or her parent or legal
guardian to possess and acquire firearms and firearm
ammunition and that he or she has never been convicted
of a misdemeanor other than a traffic offense or
adjudged delinquent, provided, however, that such
parent or legal guardian is not an individual
prohibited from having a Firearm Owner's
Identification Card and files an affidavit with the
Department as prescribed by the Department stating
that he or she is not an individual prohibited from
having a Card;
(i-5) This subparagraph (i-5) applies on and after
the 181st day following July 12, 2019 (the effective
date of Public Act 101-80) this amendatory Act of the
101st General Assembly. He or she is 21 years of age or
over, or if he or she is under 21 years of age that he
or she has never been convicted of a misdemeanor other
than a traffic offense or adjudged delinquent and is
an active duty member of the United States Armed

HB5004 Engrossed - 96 - LRB102 23330 RJF 32496 b
Forces or has the written consent of his or her parent
or legal guardian to possess and acquire firearms and
firearm ammunition, provided, however, that such
parent or legal guardian is not an individual
prohibited from having a Firearm Owner's
Identification Card and files an affidavit with the
Illinois State Police Department as prescribed by the
Illinois State Police Department stating that he or
she is not an individual prohibited from having a Card
or the active duty member of the United States Armed
Forces under 21 years of age annually submits proof to
the Illinois State Police, in a manner prescribed by
the Illinois State Police Department;
(ii) He or she has not been convicted of a felony
under the laws of this or any other jurisdiction;
(iii) He or she is not addicted to narcotics;
(iv) He or she has not been a patient in a mental
health facility within the past 5 years or, if he or
she has been a patient in a mental health facility more
than 5 years ago submit the certification required
under subsection (u) of Section 8 of this Act;
(v) He or she is not a person with an intellectual
disability;
(vi) He or she is lawfully present in the United
States not an alien who is unlawfully present in the
United States under the laws of the United States;

HB5004 Engrossed - 97 - LRB102 23330 RJF 32496 b
(vii) He or she is not subject to an existing order
of protection prohibiting him or her from possessing a
firearm;
(viii) He or she has not been convicted within the
past 5 years of battery, assault, aggravated assault,
violation of an order of protection, or a
substantially similar offense in another jurisdiction,
in which a firearm was used or possessed;
(ix) He or she has not been convicted of domestic
battery, aggravated domestic battery, or a
substantially similar offense in another jurisdiction
committed before, on or after January 1, 2012 (the
effective date of Public Act 97-158). If the applicant
knowingly and intelligently waives the right to have
an offense described in this clause (ix) tried by a
jury, and by guilty plea or otherwise, results in a
conviction for an offense in which a domestic
relationship is not a required element of the offense
but in which a determination of the applicability of
18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
the Code of Criminal Procedure of 1963, an entry by the
court of a judgment of conviction for that offense
shall be grounds for denying the issuance of a Firearm
Owner's Identification Card under this Section;
(x) (Blank);
(xi) He or she is not a person an alien who has

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

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

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

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

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

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

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

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

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

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

HB5004 Engrossed - 108 - LRB102 23330 RJF 32496 b
psychologist, or qualified examiner as those terms are
defined in the Mental Health and Developmental
Disabilities Code, and has received a certification that
he or she is not a clear and present danger to himself,
herself, or others. The physician, clinical psychologist,
or qualified examiner making the certification and his or
her employer shall not be held criminally, civilly, or
professionally liable for making or not making the
certification required under this subsection, except for
willful or wanton misconduct. This subsection does not
apply to a person whose firearm possession rights have
been restored through administrative or judicial action
under Section 10 or 11 of this Act.
Upon revocation of a person's Firearm Owner's
Identification Card, the Illinois State Police shall provide
notice to the person and the person shall comply with Section
9.5 of this Act.
(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
102-645, eff. 1-1-22; revised 10-14-21.)
Section 95. The Criminal Code of 2012 is amended by
changing Section 17-6.5 as follows:
(720 ILCS 5/17-6.5)
Sec. 17-6.5. Persons under deportation order;
ineligibility for benefits.

HB5004 Engrossed - 109 - LRB102 23330 RJF 32496 b
(a) An individual against whom a United States Immigration
Judge has issued an order of deportation which has been
affirmed by the Board of Immigration Review, as well as an
individual who appeals such an order pending appeal, under
paragraph 19 of Section 241(a) of the Immigration and
Nationality Act relating to persecution of others on account
of race, religion, national origin or political opinion under
the direction of or in association with the Nazi government of
Germany or its allies, shall be ineligible for the following
benefits authorized by State law:
(1) The homestead exemptions and homestead improvement
exemption under Sections 15-170, 15-175, 15-176, and
15-180 of the Property Tax Code.
(2) Grants under the Senior Citizens and Persons with
Disabilities Property Tax Relief Act.
(3) The double income tax exemption conferred upon
persons 65 years of age or older by Section 204 of the
Illinois Income Tax Act.
(4) Grants provided by the Department on Aging.
(5) Reductions in vehicle registration fees under
Section 3-806.3 of the Illinois Vehicle Code.
(6) Free fishing and reduced fishing license fees
under Sections 20-5 and 20-40 of the Fish and Aquatic Life
Code.
(7) Tuition free courses for senior citizens under the
Senior Citizen Courses Act.

HB5004 Engrossed - 110 - LRB102 23330 RJF 32496 b
(8) Any benefits under the Illinois Public Aid Code.
(b) If a person has been found by a court to have knowingly
received benefits in violation of subsection (a) and:
(1) the total monetary value of the benefits received
is less than $150, the person is guilty of a Class A
misdemeanor; a second or subsequent violation is a Class 4
felony;
(2) the total monetary value of the benefits received
is $150 or more but less than $1,000, the person is guilty
of a Class 4 felony; a second or subsequent violation is a
Class 3 felony;
(3) the total monetary value of the benefits received
is $1,000 or more but less than $5,000, the person is
guilty of a Class 3 felony; a second or subsequent
violation is a Class 2 felony;
(4) the total monetary value of the benefits received
is $5,000 or more but less than $10,000, the person is
guilty of a Class 2 felony; a second or subsequent
violation is a Class 1 felony; or
(5) the total monetary value of the benefits received
is $10,000 or more, the person is guilty of a Class 1
felony.
(c) For purposes of determining the classification of an
offense under this Section, all of the monetary value of the
benefits received as a result of the unlawful act, practice,
or course of conduct may be accumulated.

HB5004 Engrossed - 111 - LRB102 23330 RJF 32496 b
(d) Any grants awarded to persons described in subsection
(a) may be recovered by the State of Illinois in a civil action
commenced by the Attorney General in the circuit court of
Sangamon County or the State's Attorney of the county of
residence of the person described in subsection (a).
(e) An individual described in subsection (a) who has been
deported shall be restored to any benefits which that
individual has been denied under State law pursuant to
subsection (a) if (i) the Attorney General of the United
States has issued an order cancelling deportation and has
adjusted the status of the individual to that of a person an
alien lawfully admitted for permanent residence in the United
States or (ii) the country to which the individual has been
deported adjudicates or exonerates the individual in a
judicial or administrative proceeding as not being guilty of
the persecution of others on account of race, religion,
national origin, or political opinion under the direction of
or in association with the Nazi government of Germany or its
allies.
(Source: P.A. 99-143, eff. 7-27-15.)
Section 100. The Prevention of Cigarette and Electronic
Cigarette Sales to Persons under 21 Years of Age Act is amended
by changing Section 2 as follows:
(720 ILCS 678/2)

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

HB5004 Engrossed - 113 - LRB102 23330 RJF 32496 b
that makes a delivery sale) who delivers to the consumer the
cigarettes or electronic cigarettes sold in a delivery sale.
"Department" means the Department of Revenue.
"Electronic cigarette" means:
(1) any device that employs a battery or other
mechanism to heat a solution or substance to produce a
vapor or aerosol intended for inhalation;
(2) any cartridge or container of a solution or
substance intended to be used with or in the device or to
refill the device; or
(3) any solution or substance, whether or not it
contains nicotine, intended for use in the device.
"Electronic cigarette" includes, but is not limited to,
any electronic nicotine delivery system, electronic cigar,
electronic cigarillo, electronic pipe, electronic hookah, vape
pen, or similar product or device, and any component, part, or
accessory of a device used during the operation of the device,
even if the part or accessory was sold separately. "Electronic
cigarette" does not include: cigarettes, as defined in Section
1 of the Cigarette Tax Act; any product approved by the United
States Food and Drug Administration for sale as a tobacco
cessation product, a tobacco dependence product, or for other
medical purposes that is marketed and sold solely for that
approved purpose; any asthma inhaler prescribed by a physician
for that condition that is marketed and sold solely for that
approved purpose; any device that meets the definition of

HB5004 Engrossed - 114 - LRB102 23330 RJF 32496 b
cannabis paraphernalia under Section 1-10 of the Cannabis
Regulation and Tax Act; or any cannabis product sold by a
dispensing organization pursuant to the Cannabis Regulation
and Tax Act or the Compassionate Use of Medical Cannabis
Program Act.
"Government-issued identification" means a State driver's
license, State identification card, passport, a military
identification or an official naturalization or immigration
document, such as a permanent resident card an alien
registration recipient card (commonly known as a "green card")
or an immigrant visa.
"Mails" or "mailing" mean the shipment of cigarettes or
electronic cigarettes through the United States Postal
Service.
"Out-of-state sale" means a sale of cigarettes or
electronic cigarettes to a consumer located outside of this
State where the consumer submits the order for such sale by
means of a telephonic or other method of voice transmission,
the mails or any other delivery service, facsimile
transmission, or the Internet or other online service and
where the cigarettes or electronic cigarettes are delivered by
use of the mails or other delivery service.
"Person" means any individual, corporation, partnership,
limited liability company, association, or other organization
that engages in any for-profit or not-for-profit activities.
"Shipping package" means a container in which packs or

HB5004 Engrossed - 115 - LRB102 23330 RJF 32496 b
cartons of cigarettes or electronic cigarettes are shipped in
connection with a delivery sale.
"Shipping documents" means bills of lading, air bills, or
any other documents used to evidence the undertaking by a
delivery service to deliver letters, packages, or other
containers.
(Source: P.A. 102-575, eff. 1-1-22.)
Section 105. The Code of Criminal Procedure of 1963 is
amended by changing Section 113-8 as follows:
(725 ILCS 5/113-8)
Sec. 113-8. Advisement concerning status as a noncitizen
an alien.
(a) Before the acceptance of a plea of guilty, guilty but
mentally ill, or nolo contendere to a misdemeanor or felony
offense, the court shall give the following advisement to the
defendant in open court:
"If you are not a citizen of the United States, you are
hereby advised that conviction of the offense for which you
have been charged may have the consequence of deportation,
exclusion from admission to the United States, or denial of
naturalization under the laws of the United States.".
(b) If the defendant is arraigned on or after the
effective date of this amendatory Act of the 101st General
Assembly, and the court fails to advise the defendant as

HB5004 Engrossed - 116 - LRB102 23330 RJF 32496 b
required by subsection (a) of this Section, and the defendant
shows that conviction of the offense to which the defendant
pleaded guilty, guilty but mentally ill, or nolo contendere
may have the consequence for the defendant of deportation,
exclusion from admission to the United States, or denial of
naturalization under the laws of the United States, the court,
upon the defendant's motion, shall vacate the judgment and
permit the defendant to withdraw the plea of guilty, guilty
but mentally ill, or nolo contendere and enter a plea of not
guilty. The motion shall be filed within 2 years of the date of
the defendant's conviction.
(Source: P.A. 101-409, eff. 1-1-20.)
Section 110. The Unified Code of Corrections is amended by
changing Sections 3-2-2 and 5-5-3 as follows:
(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
Sec. 3-2-2. Powers and duties of the Department.
(1) In addition to the powers, duties, and
responsibilities which are otherwise provided by law, the
Department shall have the following powers:
(a) To accept persons committed to it by the courts of
this State for care, custody, treatment, and
rehabilitation, and to accept federal prisoners and
noncitizens aliens over whom the Office of the Federal
Detention Trustee is authorized to exercise the federal

HB5004 Engrossed - 117 - LRB102 23330 RJF 32496 b
detention function for limited purposes and periods of
time.
(b) To develop and maintain reception and evaluation
units for purposes of analyzing the custody and
rehabilitation needs of persons committed to it and to
assign such persons to institutions and programs under its
control or transfer them to other appropriate agencies. In
consultation with the Department of Alcoholism and
Substance Abuse (now the Department of Human Services),
the Department of Corrections shall develop a master plan
for the screening and evaluation of persons committed to
its custody who have alcohol or drug abuse problems, and
for making appropriate treatment available to such
persons; the Department shall report to the General
Assembly on such plan not later than April 1, 1987. The
maintenance and implementation of such plan shall be
contingent upon the availability of funds.
(b-1) To create and implement, on January 1, 2002, a
pilot program to establish the effectiveness of
pupillometer technology (the measurement of the pupil's
reaction to light) as an alternative to a urine test for
purposes of screening and evaluating persons committed to
its custody who have alcohol or drug problems. The pilot
program shall require the pupillometer technology to be
used in at least one Department of Corrections facility.
The Director may expand the pilot program to include an

HB5004 Engrossed - 118 - LRB102 23330 RJF 32496 b
additional facility or facilities as he or she deems
appropriate. A minimum of 4,000 tests shall be included in
the pilot program. The Department must report to the
General Assembly on the effectiveness of the program by
January 1, 2003.
(b-5) To develop, in consultation with the Illinois
State Police, a program for tracking and evaluating each
inmate from commitment through release for recording his
or her gang affiliations, activities, or ranks.
(c) To maintain and administer all State correctional
institutions and facilities under its control and to
establish new ones as needed. Pursuant to its power to
establish new institutions and facilities, the Department
may, with the written approval of the Governor, authorize
the Department of Central Management Services to enter
into an agreement of the type described in subsection (d)
of Section 405-300 of the Department of Central Management
Services Law. The Department shall designate those
institutions which shall constitute the State Penitentiary
System. The Department of Juvenile Justice shall maintain
and administer all State youth centers pursuant to
subsection (d) of Section 3-2.5-20.
Pursuant to its power to establish new institutions
and facilities, the Department may authorize the
Department of Central Management Services to accept bids
from counties and municipalities for the construction,

HB5004 Engrossed - 119 - LRB102 23330 RJF 32496 b
remodeling, or conversion of a structure to be leased to
the Department of Corrections for the purposes of its
serving as a correctional institution or facility. Such
construction, remodeling, or conversion may be financed
with revenue bonds issued pursuant to the Industrial
Building Revenue Bond Act by the municipality or county.
The lease specified in a bid shall be for a term of not
less than the time needed to retire any revenue bonds used
to finance the project, but not to exceed 40 years. The
lease may grant to the State the option to purchase the
structure outright.
Upon receipt of the bids, the Department may certify
one or more of the bids and shall submit any such bids to
the General Assembly for approval. Upon approval of a bid
by a constitutional majority of both houses of the General
Assembly, pursuant to joint resolution, the Department of
Central Management Services may enter into an agreement
with the county or municipality pursuant to such bid.
(c-5) To build and maintain regional juvenile
detention centers and to charge a per diem to the counties
as established by the Department to defray the costs of
housing each minor in a center. In this subsection (c-5),
"juvenile detention center" means a facility to house
minors during pendency of trial who have been transferred
from proceedings under the Juvenile Court Act of 1987 to
prosecutions under the criminal laws of this State in

HB5004 Engrossed - 120 - LRB102 23330 RJF 32496 b
accordance with Section 5-805 of the Juvenile Court Act of
1987, whether the transfer was by operation of law or
permissive under that Section. The Department shall
designate the counties to be served by each regional
juvenile detention center.
(d) To develop and maintain programs of control,
rehabilitation, and employment of committed persons within
its institutions.
(d-5) To provide a pre-release job preparation program
for inmates at Illinois adult correctional centers.
(d-10) To provide educational and visitation
opportunities to committed persons within its institutions
through temporary access to content-controlled tablets
that may be provided as a privilege to committed persons
to induce or reward compliance.
(e) To establish a system of supervision and guidance
of committed persons in the community.
(f) To establish in cooperation with the Department of
Transportation to supply a sufficient number of prisoners
for use by the Department of Transportation to clean up
the trash and garbage along State, county, township, or
municipal highways as designated by the Department of
Transportation. The Department of Corrections, at the
request of the Department of Transportation, shall furnish
such prisoners at least annually for a period to be agreed
upon between the Director of Corrections and the Secretary

HB5004 Engrossed - 121 - LRB102 23330 RJF 32496 b
of Transportation. The prisoners used on this program
shall be selected by the Director of Corrections on
whatever basis he deems proper in consideration of their
term, behavior and earned eligibility to participate in
such program - where they will be outside of the prison
facility but still in the custody of the Department of
Corrections. Prisoners convicted of first degree murder,
or a Class X felony, or armed violence, or aggravated
kidnapping, or criminal sexual assault, aggravated
criminal sexual abuse or a subsequent conviction for
criminal sexual abuse, or forcible detention, or arson, or
a prisoner adjudged a Habitual Criminal shall not be
eligible for selection to participate in such program. The
prisoners shall remain as prisoners in the custody of the
Department of Corrections and such Department shall
furnish whatever security is necessary. The Department of
Transportation shall furnish trucks and equipment for the
highway cleanup program and personnel to supervise and
direct the program. Neither the Department of Corrections
nor the Department of Transportation shall replace any
regular employee with a prisoner.
(g) To maintain records of persons committed to it and
to establish programs of research, statistics, and
planning.
(h) To investigate the grievances of any person
committed to the Department and to inquire into any

HB5004 Engrossed - 122 - LRB102 23330 RJF 32496 b
alleged misconduct by employees or committed persons; and
for these purposes it may issue subpoenas and compel the
attendance of witnesses and the production of writings and
papers, and may examine under oath any witnesses who may
appear before it; to also investigate alleged violations
of a parolee's or releasee's conditions of parole or
release; and for this purpose it may issue subpoenas and
compel the attendance of witnesses and the production of
documents only if there is reason to believe that such
procedures would provide evidence that such violations
have occurred.
If any person fails to obey a subpoena issued under
this subsection, the Director may apply to any circuit
court to secure compliance with the subpoena. The failure
to comply with the order of the court issued in response
thereto shall be punishable as contempt of court.
(i) To appoint and remove the chief administrative
officers, and administer programs of training and
development of personnel of the Department. Personnel
assigned by the Department to be responsible for the
custody and control of committed persons or to investigate
the alleged misconduct of committed persons or employees
or alleged violations of a parolee's or releasee's
conditions of parole shall be conservators of the peace
for those purposes, and shall have the full power of peace
officers outside of the facilities of the Department in

HB5004 Engrossed - 123 - LRB102 23330 RJF 32496 b
the protection, arrest, retaking, and reconfining of
committed persons or where the exercise of such power is
necessary to the investigation of such misconduct or
violations. This subsection shall not apply to persons
committed to the Department of Juvenile Justice under the
Juvenile Court Act of 1987 on aftercare release.
(j) To cooperate with other departments and agencies
and with local communities for the development of
standards and programs for better correctional services in
this State.
(k) To administer all moneys and properties of the
Department.
(l) To report annually to the Governor on the
committed persons, institutions, and programs of the
Department.
(l-5) (Blank).
(m) To make all rules and regulations and exercise all
powers and duties vested by law in the Department.
(n) To establish rules and regulations for
administering a system of sentence credits, established in
accordance with Section 3-6-3, subject to review by the
Prisoner Review Board.
(o) To administer the distribution of funds from the
State Treasury to reimburse counties where State penal
institutions are located for the payment of assistant
state's attorneys' salaries under Section 4-2001 of the

HB5004 Engrossed - 124 - LRB102 23330 RJF 32496 b
Counties Code.
(p) To exchange information with the Department of
Human Services and the Department of Healthcare and Family
Services for the purpose of verifying living arrangements
and for other purposes directly connected with the
administration of this Code and the Illinois Public Aid
Code.
(q) To establish a diversion program.
The program shall provide a structured environment for
selected technical parole or mandatory supervised release
violators and committed persons who have violated the
rules governing their conduct while in work release. This
program shall not apply to those persons who have
committed a new offense while serving on parole or
mandatory supervised release or while committed to work
release.
Elements of the program shall include, but shall not
be limited to, the following:
(1) The staff of a diversion facility shall
provide supervision in accordance with required
objectives set by the facility.
(2) Participants shall be required to maintain
employment.
(3) Each participant shall pay for room and board
at the facility on a sliding-scale basis according to
the participant's income.

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

HB5004 Engrossed - 126 - LRB102 23330 RJF 32496 b
leaders in each gang. The Department shall promptly
segregate leaders from inmates who belong to their gangs
and allied gangs. "Segregate" means no physical contact
and, to the extent possible under the conditions and space
available at the correctional facility, prohibition of
visual and sound communication. For the purposes of this
paragraph (r-10), "leaders" means persons who:
(i) are members of a criminal streetgang;
(ii) with respect to other individuals within the
streetgang, occupy a position of organizer,
supervisor, or other position of management or
leadership; and
(iii) are actively and personally engaged in
directing, ordering, authorizing, or requesting
commission of criminal acts by others, which are
punishable as a felony, in furtherance of streetgang
related activity both within and outside of the
Department of Corrections.
"Streetgang", "gang", and "streetgang related" have the
meanings ascribed to them in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(s) To operate a super-maximum security institution,
in order to manage and supervise inmates who are
disruptive or dangerous and provide for the safety and
security of the staff and the other inmates.
(t) To monitor any unprivileged conversation or any

HB5004 Engrossed - 127 - LRB102 23330 RJF 32496 b
unprivileged communication, whether in person or by mail,
telephone, or other means, between an inmate who, before
commitment to the Department, was a member of an organized
gang and any other person without the need to show cause or
satisfy any other requirement of law before beginning the
monitoring, except as constitutionally required. The
monitoring may be by video, voice, or other method of
recording or by any other means. As used in this
subdivision (1)(t), "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
As used in this subdivision (1)(t), "unprivileged
conversation" or "unprivileged communication" means a
conversation or communication that is not protected by any
privilege recognized by law or by decision, rule, or order
of the Illinois Supreme Court.
(u) To establish a Women's and Children's Pre-release
Community Supervision Program for the purpose of providing
housing and services to eligible female inmates, as
determined by the Department, and their newborn and young
children.
(u-5) To issue an order, whenever a person committed
to the Department absconds or absents himself or herself,
without authority to do so, from any facility or program
to which he or she is assigned. The order shall be
certified by the Director, the Supervisor of the

HB5004 Engrossed - 128 - LRB102 23330 RJF 32496 b
Apprehension Unit, or any person duly designated by the
Director, with the seal of the Department affixed. The
order shall be directed to all sheriffs, coroners, and
police officers, or to any particular person named in the
order. Any order issued pursuant to this subdivision
(1)(u-5) shall be sufficient warrant for the officer or
person named in the order to arrest and deliver the
committed person to the proper correctional officials and
shall be executed the same as criminal process.
(u-6) To appoint a point of contact person who shall
receive suggestions, complaints, or other requests to the
Department from visitors to Department institutions or
facilities and from other members of the public.
(v) To do all other acts necessary to carry out the
provisions of this Chapter.
(2) The Department of Corrections shall by January 1,
1998, consider building and operating a correctional facility
within 100 miles of a county of over 2,000,000 inhabitants,
especially a facility designed to house juvenile participants
in the impact incarceration program.
(3) When the Department lets bids for contracts for
medical services to be provided to persons committed to
Department facilities by a health maintenance organization,
medical service corporation, or other health care provider,
the bid may only be let to a health care provider that has
obtained an irrevocable letter of credit or performance bond

HB5004 Engrossed - 129 - LRB102 23330 RJF 32496 b
issued by a company whose bonds have an investment grade or
higher rating by a bond rating organization.
(4) When the Department lets bids for contracts for food
or commissary services to be provided to Department
facilities, the bid may only be let to a food or commissary
services provider that has obtained an irrevocable letter of
credit or performance bond issued by a company whose bonds
have an investment grade or higher rating by a bond rating
organization.
(5) On and after the date 6 months after August 16, 2013
(the effective date of Public Act 98-488), as provided in the
Executive Order 1 (2012) Implementation Act, all of the
powers, duties, rights, and responsibilities related to State
healthcare purchasing under this Code that were transferred
from the Department of Corrections to the Department of
Healthcare and Family Services by Executive Order 3 (2005) are
transferred back to the Department of Corrections; however,
powers, duties, rights, and responsibilities related to State
healthcare purchasing under this Code that were exercised by
the Department of Corrections before the effective date of
Executive Order 3 (2005) but that pertain to individuals
resident in facilities operated by the Department of Juvenile
Justice are transferred to the Department of Juvenile Justice.
(Source: P.A. 101-235, eff. 1-1-20; 102-350, eff. 8-13-21;
102-535, eff. 1-1-22; 102-538, eff. 8-20-21; revised
10-15-21.)

HB5004 Engrossed - 130 - LRB102 23330 RJF 32496 b
(730 ILCS 5/5-5-3)
Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).
(c) (1) (Blank).
(2) A period of probation, a term of periodic imprisonment
or conditional discharge shall not be imposed for the
following offenses. The court shall sentence the offender to
not less than the minimum term of imprisonment set forth in
this Code for the following offenses, and may order a fine or
restitution or both in conjunction with such term of
imprisonment:
(A) First degree murder where the death penalty is not
imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation of
subdivision (c)(1.5) of Section 401 of that Act which
relates to more than 5 grams of a substance containing
fentanyl or an analog thereof.
(D-5) A violation of subdivision (c)(1) of Section 401
of the Illinois Controlled Substances Act which relates to
3 or more grams of a substance containing heroin or an
analog thereof.

HB5004 Engrossed - 131 - LRB102 23330 RJF 32496 b
(E) (Blank).
(F) A Class 1 or greater felony if the offender had
been convicted of a Class 1 or greater felony, including
any state or federal conviction for an offense that
contained, at the time it was committed, the same elements
as an offense now (the date of the offense committed after
the prior Class 1 or greater felony) classified as a Class
1 or greater felony, within 10 years of the date on which
the offender committed the offense for which he or she is
being sentenced, except as otherwise provided in Section
40-10 of the Substance Use Disorder Act.
(F-3) A Class 2 or greater felony sex offense or
felony firearm offense if the offender had been convicted
of a Class 2 or greater felony, including any state or
federal conviction for an offense that contained, at the
time it was committed, the same elements as an offense now
(the date of the offense committed after the prior Class 2
or greater felony) classified as a Class 2 or greater
felony, within 10 years of the date on which the offender
committed the offense for which he or she is being
sentenced, except as otherwise provided in Section 40-10
of the Substance Use Disorder Act.
(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
of the Criminal Code of 1961 or the Criminal Code of 2012
for which imprisonment is prescribed in those Sections.
(G) Residential burglary, except as otherwise provided

HB5004 Engrossed - 132 - LRB102 23330 RJF 32496 b
in Section 40-10 of the Substance Use Disorder Act.
(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen as
described in Section 12-4.6 or subdivision (a)(4) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012.
(J) A forcible felony if the offense was related to
the activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of 5 or
more persons, with an established hierarchy, that
encourages members of the association to perpetrate crimes
or provides support to the members of the association who
do commit crimes.
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the offense
of hate crime when the underlying offense upon which the
hate crime is based is felony aggravated assault or felony
mob action.
(M) A second or subsequent conviction for the offense
of institutional vandalism if the damage to the property
exceeds $300.

HB5004 Engrossed - 133 - LRB102 23330 RJF 32496 b
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act.
(O) A violation of Section 12-6.1 or 12-6.5 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(P) A violation of paragraph (1), (2), (3), (4), (5),
or (7) of subsection (a) of Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(P-5) A violation of paragraph (6) of subsection (a)
of Section 11-20.1 of the Criminal Code of 1961 or the
Criminal Code of 2012 if the victim is a household or
family member of the defendant.
(Q) A violation of subsection (b) or (b-5) of Section
20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(R) A violation of Section 24-3A of the Criminal Code
of 1961 or the Criminal Code of 2012.
(S) (Blank).
(T) (Blank).
(U) A second or subsequent violation of Section 6-303
of the Illinois Vehicle Code committed while his or her
driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961
or the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar provision of a law of
another state.

HB5004 Engrossed - 134 - LRB102 23330 RJF 32496 b
(V) A violation of paragraph (4) of subsection (c) of
Section 11-20.1B or paragraph (4) of subsection (c) of
Section 11-20.3 of the Criminal Code of 1961, or paragraph
(6) of subsection (a) of Section 11-20.1 of the Criminal
Code of 2012 when the victim is under 13 years of age and
the defendant has previously been convicted under the laws
of this State or any other state of the offense of child
pornography, aggravated child pornography, aggravated
criminal sexual abuse, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, or any of
the offenses formerly known as rape, deviate sexual
assault, indecent liberties with a child, or aggravated
indecent liberties with a child where the victim was under
the age of 18 years or an offense that is substantially
equivalent to those offenses.
(W) A violation of Section 24-3.5 of the Criminal Code
of 1961 or the Criminal Code of 2012.
(X) A violation of subsection (a) of Section 31-1a of
the Criminal Code of 1961 or the Criminal Code of 2012.
(Y) A conviction for unlawful possession of a firearm
by a street gang member when the firearm was loaded or
contained firearm ammunition.
(Z) A Class 1 felony committed while he or she was
serving a term of probation or conditional discharge for a
felony.
(AA) Theft of property exceeding $500,000 and not

HB5004 Engrossed - 135 - LRB102 23330 RJF 32496 b
exceeding $1,000,000 in value.
(BB) Laundering of criminally derived property of a
value exceeding $500,000.
(CC) Knowingly selling, offering for sale, holding for
sale, or using 2,000 or more counterfeit items or
counterfeit items having a retail value in the aggregate
of $500,000 or more.
(DD) A conviction for aggravated assault under
paragraph (6) of subsection (c) of Section 12-2 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
firearm is aimed toward the person against whom the
firearm is being used.
(EE) A conviction for a violation of paragraph (2) of
subsection (a) of Section 24-3B of the Criminal Code of
2012.
(3) (Blank).
(4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be
imposed for a violation of paragraph (c) of Section 6-303 of
the Illinois Vehicle Code.
(4.1) (Blank).
(4.2) Except as provided in paragraphs (4.3) and (4.8) of
this subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of Section
6-303 of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or 300

HB5004 Engrossed - 136 - LRB102 23330 RJF 32496 b
hours of community service, as determined by the court, shall
be imposed for a second violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.4) Except as provided in paragraphs (4.5), (4.6), and
(4.9) of this subsection (c), a minimum term of imprisonment
of 30 days or 300 hours of community service, as determined by
the court, shall be imposed for a third or subsequent
violation of Section 6-303 of the Illinois Vehicle Code. The
court may give credit toward the fulfillment of community
service hours for participation in activities and treatment as
determined by court services.
(4.5) A minimum term of imprisonment of 30 days shall be
imposed for a third violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.6) Except as provided in paragraph (4.10) of this
subsection (c), a minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle Code.
(4.7) A minimum term of imprisonment of not less than 30
consecutive days, or 300 hours of community service, shall be
imposed for a violation of subsection (a-5) of Section 6-303
of the Illinois Vehicle Code, as provided in subsection (b-5)
of that Section.
(4.8) A mandatory prison sentence shall be imposed for a
second violation of subsection (a-5) of Section 6-303 of the
Illinois Vehicle Code, as provided in subsection (c-5) of that

HB5004 Engrossed - 137 - LRB102 23330 RJF 32496 b
Section. The person's driving privileges shall be revoked for
a period of not less than 5 years from the date of his or her
release from prison.
(4.9) A mandatory prison sentence of not less than 4 and
not more than 15 years shall be imposed for a third violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle
Code, as provided in subsection (d-2.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.
(4.10) A mandatory prison sentence for a Class 1 felony
shall be imposed, and the person shall be eligible for an
extended term sentence, for a fourth or subsequent violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle
Code, as provided in subsection (d-3.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.
(5) The court may sentence a corporation or unincorporated
association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section 5-5-6
of this Code.
(5.1) In addition to any other penalties imposed, and
except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,

HB5004 Engrossed - 138 - LRB102 23330 RJF 32496 b
permit, or privileges suspended for at least 90 days but not
more than one year, if the violation resulted in damage to the
property of another person.
(5.2) In addition to any other penalties imposed, and
except as provided in paragraph (5.3), a person convicted of
violating subsection (c) of Section 11-907 of the Illinois
Vehicle Code shall have his or her driver's license, permit,
or privileges suspended for at least 180 days but not more than
2 years, if the violation resulted in injury to another
person.
(5.3) In addition to any other penalties imposed, a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 2 years, if the violation
resulted in the death of another person.
(5.4) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code shall have his or her driver's license, permit, or
privileges suspended for 3 months and until he or she has paid
a reinstatement fee of $100.
(5.5) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code during a period in which his or her driver's license,
permit, or privileges were suspended for a previous violation
of that Section shall have his or her driver's license,
permit, or privileges suspended for an additional 6 months

HB5004 Engrossed - 139 - LRB102 23330 RJF 32496 b
after the expiration of the original 3-month suspension and
until he or she has paid a reinstatement fee of $100.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) A defendant convicted of a second or subsequent
offense of ritualized abuse of a child may be sentenced to a
term of natural life imprisonment.
(10) (Blank).
(11) The court shall impose a minimum fine of $1,000 for a
first offense and $2,000 for a second or subsequent offense
upon a person convicted of or placed on supervision for
battery when the individual harmed was a sports official or
coach at any level of competition and the act causing harm to
the sports official or coach occurred within an athletic
facility or within the immediate vicinity of the athletic
facility at which the sports official or coach was an active
participant of the athletic contest held at the athletic
facility. For the purposes of this paragraph (11), "sports
official" means a person at an athletic contest who enforces
the rules of the contest, such as an umpire or referee;
"athletic facility" means an indoor or outdoor playing field
or recreational area where sports activities are conducted;
and "coach" means a person recognized as a coach by the
sanctioning authority that conducted the sporting event.
(12) A person may not receive a disposition of court

HB5004 Engrossed - 140 - LRB102 23330 RJF 32496 b
supervision for a violation of Section 5-16 of the Boat
Registration and Safety Act if that person has previously
received a disposition of court supervision for a violation of
that Section.
(13) A person convicted of or placed on court supervision
for an assault or aggravated assault when the victim and the
offender are family or household members as defined in Section
103 of the Illinois Domestic Violence Act of 1986 or convicted
of domestic battery or aggravated domestic battery may be
required to attend a Partner Abuse Intervention Program under
protocols set forth by the Illinois Department of Human
Services under such terms and conditions imposed by the court.
The costs of such classes shall be paid by the offender.
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of this
Code which may include evidence of the defendant's life, moral
character and occupation during the time since the original
sentence was passed. The trial court shall then impose
sentence upon the defendant. The trial court may impose any
sentence which could have been imposed at the original trial
subject to Section 5-5-4 of this Code. If a sentence is vacated
on appeal or on collateral attack due to the failure of the
trier of fact at trial to determine beyond a reasonable doubt
the existence of a fact (other than a prior conviction)
necessary to increase the punishment for the offense beyond

HB5004 Engrossed - 141 - LRB102 23330 RJF 32496 b
the statutory maximum otherwise applicable, either the
defendant may be re-sentenced to a term within the range
otherwise provided or, if the State files notice of its
intention to again seek the extended sentence, the defendant
shall be afforded a new trial.
(e) In cases where prosecution for aggravated criminal
sexual abuse under Section 11-1.60 or 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012 results in conviction
of a defendant who was a family member of the victim at the
time of the commission of the offense, the court shall
consider the safety and welfare of the victim and may impose a
sentence of probation only where:
(1) the court finds (A) or (B) or both are
appropriate:
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of
2 years; or
(B) the defendant is willing to participate in a
court approved plan, including, but not limited to,
the defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the victim;
and

HB5004 Engrossed - 142 - LRB102 23330 RJF 32496 b
(v) compliance with any other measures that
the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the court
finds, after considering the defendant's income and
assets, that the defendant is financially capable of
paying for such services, if the victim was under 18 years
of age at the time the offense was committed and requires
counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
11-0.1 of the Criminal Code of 2012.
(f) (Blank).
(g) Whenever a defendant is convicted of an offense under
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
11-14.3, 11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the

HB5004 Engrossed - 143 - LRB102 23330 RJF 32496 b
Criminal Code of 2012, the defendant shall undergo medical
testing to determine whether the defendant has any sexually
transmissible disease, including a test for infection with
human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested
by the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or legal guardian of the
test results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. The

HB5004 Engrossed - 144 - LRB102 23330 RJF 32496 b
court shall order that the cost of any such test shall be paid
by the county and may be taxed as costs against the convicted
defendant.
(g-5) When an inmate is tested for an airborne
communicable disease, as determined by the Illinois Department
of Public Health, including, but not limited to, tuberculosis,
the results of the test shall be personally delivered by the
warden or his or her designee in a sealed envelope to the judge
of the court in which the inmate must appear for the judge's
inspection in camera if requested by the judge. Acting in
accordance with the best interests of those in the courtroom,
the judge shall have the discretion to determine what if any
precautions need to be taken to prevent transmission of the
disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the

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

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

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

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

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

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

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

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

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

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

HB5004 Engrossed - 155 - LRB102 23330 RJF 32496 b
to enforce income withholding against a payor, or the
resolution of other disputes involving an income withholding
notice. The changes made to this subsection by this amendatory
Act of the 96th General Assembly apply on and after September
1, 2009.
(h) At any time after the initial service of an income
withholding notice, any other payor of the obligor may be
served with the same income withholding notice without further
notice to the obligor. A copy of the income withholding notice
together with a proof of service on the other payor shall be
filed with the Clerk of the Circuit Court.
(i) New service of an income withholding notice is not
required in order to resume withholding of income in the case
of an obligor with respect to whom an income withholding
notice was previously served on the payor if withholding of
income was terminated because of an interruption in the
obligor's employment of less than 180 days.
(Source: P.A. 97-994, eff. 8-17-12; 98-81, eff. 7-15-13.)
Section 120. The Property Owned By Aliens Act is amended
by changing the title of the Act and Sections 0.01, 7, and 8 as
follows:
(765 ILCS 60/Act title)
An Act concerning the right of noncitizens aliens to
acquire and hold real and personal property.

HB5004 Engrossed - 156 - LRB102 23330 RJF 32496 b
(765 ILCS 60/0.01) (from Ch. 6, par. 0.01)
Sec. 0.01. Short title. This Act may be cited as the
Property Owned By Noncitizens Aliens Act.
(Source: P.A. 86-1324.)
(765 ILCS 60/7) (from Ch. 6, par. 7)
Sec. 7. All noncitizens aliens may acquire, hold, and
dispose of real and personal property in the same manner and to
the same extent as natural born citizens of the United States,
and the personal estate of a noncitizen an alien dying
intestate shall be distributed in the same manner as the
estates of natural born citizens, and all persons interested
in such estate shall be entitled to proper distributive shares
thereof under the laws of this state, whether they are
noncitizens aliens or not.
This amendatory Act of 1992 does not apply to the
Agricultural Foreign Investment Disclosure Act.
(Source: P.A. 87-1101.)
(765 ILCS 60/8) (from Ch. 6, par. 8)
Sec. 8. An act in regard to noncitizens aliens and to
restrict their right to acquire and hold real and personal
estate and to provide for the disposition of the lands now
owned by non-resident noncitizens aliens, approved June 16,
1887, and in force July 1, 1887, and all other acts and parts

HB5004 Engrossed - 157 - LRB102 23330 RJF 32496 b
of acts in conflict with this act, are hereby repealed.
(Source: Laws 1897, p. 5.)
Section 125. The Property Taxes of Alien Landlords Act is
amended by changing the title of the Act and Sections 0.01 and
1 as follows:
(765 ILCS 725/Act title)
An Act to prevent noncitizen alien landlords from
including the payment of taxes in the rent of farm lands as a
part of the rental thereof.
(765 ILCS 725/0.01) (from Ch. 6, par. 8.9)
Sec. 0.01. Short title. This Act may be cited as the
Property Taxes Of Noncitizen Alien Landlords Act.
(Source: P.A. 86-1324.)
(765 ILCS 725/1) (from Ch. 6, par. 9)
Sec. 1. No contract, agreement or lease in writing or by
parol, by which any lands or tenements therein are demised or
leased by any noncitizen alien or his agents for the purpose of
farming, cultivation or the raising of crops thereon, shall
contain any provision requiring the tenant or other person for
him, to pay taxes on said lands or tenements, or any part
thereof, and all such provisions, agreements and leases so
made are declared void as to the taxes aforesaid. If any

HB5004 Engrossed - 158 - LRB102 23330 RJF 32496 b
noncitizen alien landlord or his agents shall receive in
advance or at any other time any sum of money or article of
value from any tenant in lieu of such taxes, directly or
indirectly, the same may be recovered back by such tenant
before any court having jurisdiction of the amount thereof,
and all provisions or agreements in writing or otherwise to
pay such taxes shall be held in all courts of this state to be
void.
(Source: P.A. 81-1509.)
Section 130. The Illinois Human Rights Act is amended by
changing Section 2-101 as follows:
(775 ILCS 5/2-101)
Sec. 2-101. Definitions. The following definitions are
applicable strictly in the context of this Article.
(A) Employee.
(1) "Employee" includes:
(a) Any individual performing services for
remuneration within this State for an employer;
(b) An apprentice;
(c) An applicant for any apprenticeship.
For purposes of subsection (D) of Section 2-102 of
this Act, "employee" also includes an unpaid intern. An
unpaid intern is a person who performs work for an
employer under the following circumstances:

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(i) the employer is not committed to hiring the
person performing the work at the conclusion of the
intern's tenure;
(ii) the employer and the person performing the
work agree that the person is not entitled to wages for
the work performed; and
(iii) the work performed:
(I) supplements training given in an
educational environment that may enhance the
employability of the intern;
(II) provides experience for the benefit of
the person performing the work;
(III) does not displace regular employees;
(IV) is performed under the close supervision
of existing staff; and
(V) provides no immediate advantage to the
employer providing the training and may
occasionally impede the operations of the
employer.
(2) "Employee" does not include:
(a) (Blank);
(b) Individuals employed by persons who are not
"employers" as defined by this Act;
(c) Elected public officials or the members of
their immediate personal staffs;
(d) Principal administrative officers of the State

HB5004 Engrossed - 160 - LRB102 23330 RJF 32496 b
or of any political subdivision, municipal corporation
or other governmental unit or agency;
(e) A person in a vocational rehabilitation
facility certified under federal law who has been
designated an evaluee, trainee, or work activity
client.
(B) Employer.
(1) "Employer" includes:
(a) Any person employing one or more employees
within Illinois during 20 or more calendar weeks
within the calendar year of or preceding the alleged
violation;
(b) Any person employing one or more employees
when a complainant alleges civil rights violation due
to unlawful discrimination based upon his or her
physical or mental disability unrelated to ability,
pregnancy, or sexual harassment;
(c) The State and any political subdivision,
municipal corporation or other governmental unit or
agency, without regard to the number of employees;
(d) Any party to a public contract without regard
to the number of employees;
(e) A joint apprenticeship or training committee
without regard to the number of employees.
(2) "Employer" does not include any place of worship,
religious corporation, association, educational

HB5004 Engrossed - 161 - LRB102 23330 RJF 32496 b
institution, society, or non-profit nursing institution
conducted by and for those who rely upon treatment by
prayer through spiritual means in accordance with the
tenets of a recognized church or religious denomination
with respect to the employment of individuals of a
particular religion to perform work connected with the
carrying on by such place of worship, corporation,
association, educational institution, society or
non-profit nursing institution of its activities.
(C) Employment Agency. "Employment Agency" includes both
public and private employment agencies and any person, labor
organization, or labor union having a hiring hall or hiring
office regularly undertaking, with or without compensation, to
procure opportunities to work, or to procure, recruit, refer
or place employees.
(D) Labor Organization. "Labor Organization" includes any
organization, labor union, craft union, or any voluntary
unincorporated association designed to further the cause of
the rights of union labor which is constituted for the
purpose, in whole or in part, of collective bargaining or of
dealing with employers concerning grievances, terms or
conditions of employment, or apprenticeships or applications
for apprenticeships, or of other mutual aid or protection in
connection with employment, including apprenticeships or
applications for apprenticeships.
(E) Sexual Harassment. "Sexual harassment" means any

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

HB5004 Engrossed - 163 - LRB102 23330 RJF 32496 b
well as belief, unless an employer demonstrates that he is
unable to reasonably accommodate an employee's or prospective
employee's religious observance or practice without undue
hardship on the conduct of the employer's business.
(G) Public Employer. "Public employer" means the State, an
agency or department thereof, unit of local government, school
district, instrumentality or political subdivision.
(H) Public Employee. "Public employee" means an employee
of the State, agency or department thereof, unit of local
government, school district, instrumentality or political
subdivision. "Public employee" does not include public
officers or employees of the General Assembly or agencies
thereof.
(I) Public Officer. "Public officer" means a person who is
elected to office pursuant to the Constitution or a statute or
ordinance, or who is appointed to an office which is
established, and the qualifications and duties of which are
prescribed, by the Constitution or a statute or ordinance, to
discharge a public duty for the State, agency or department
thereof, unit of local government, school district,
instrumentality or political subdivision.
(J) Eligible Bidder. "Eligible bidder" means a person who,
prior to contract award or prior to bid opening for State
contracts for construction or construction-related services,
has filed with the Department a properly completed, sworn and
currently valid employer report form, pursuant to the

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

HB5004 Engrossed - 165 - LRB102 23330 RJF 32496 b
(815 ILCS 400/Act title)
An Act concerning fees charged for courses offered to
persons seeking permanent resident alien status under the
Immigration Reform and Control Act of 1986.
(815 ILCS 400/0.01) (from Ch. 111, par. 8050)
Sec. 0.01. Short title. This Act may be cited as the
Resident Alien Course Act.
(Source: P.A. 86-1324.)
(815 ILCS 400/1) (from Ch. 111, par. 8051)
Sec. 1. No individual or agency, authorized by the U.S.
Immigration and Naturalization Service to offer a course
leading to a certificate of satisfactory pursuit for issuance
of permanent resident alien status, may charge a fee for such
course in excess of $5 per hour per individual up to the first
60 hours of instruction or $500 for up to 12 months of
instruction from the date of registration. As used in this
Section, the term "fee" includes all costs associated with the
course, including the costs of instruction and materials.
(Source: P.A. 86-831.)
(815 ILCS 400/2) (from Ch. 111, par. 8052)
Sec. 2. No individual or agency which offers any service
or course with the promise of preparing the recipient or
enrollee for the English and civics exam of the U.S.

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

HB5004 Engrossed - 167 - LRB102 23330 RJF 32496 b
(815 ILCS 505/2AA)
Sec. 2AA. Immigration services.
(a) "Immigration matter" means any proceeding, filing, or
action affecting the nonimmigrant, immigrant or citizenship
status of any person that arises under immigration and
naturalization law, executive order or presidential
proclamation of the United States or any foreign country, or
that arises under action of the United States Citizenship and
Immigration Services, the United States Department of Labor,
or the United States Department of State.
"Immigration assistance service" means any information or
action provided or offered to customers or prospective
customers related to immigration matters, excluding legal
advice, recommending a specific course of legal action, or
providing any other assistance that requires legal analysis,
legal judgment, or interpretation of the law.
"Compensation" means money, property, services, promise of
payment, or anything else of value.
"Employed by" means that a person is on the payroll of the
employer and the employer deducts from the employee's paycheck
social security and withholding taxes, or receives
compensation from the employer on a commission basis or as an
independent contractor.
"Reasonable costs" means actual costs or, if actual costs
cannot be calculated, reasonably estimated costs of such
things as photocopying, telephone calls, document requests,

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

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

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

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

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

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

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message.
Any person who provides or offers immigration assistance
service and is not exempted from this Section shall not, in any
document, advertisement, stationery, letterhead, business
card, or other comparable written material, literally
translate from English into another language terms or titles
including, but not limited to, notary public, notary,
licensed, attorney, lawyer, or any other term that implies the
person is an attorney. To illustrate, the words "notario" and
"poder notarial" are prohibited under this provision.
If not subject to penalties under subsection (a) of
Section 3-103 of the Illinois Notary Public Act (5 ILCS
312/3-103), violations of this subsection shall result in a
fine of $1,000. Violations shall not preempt or preclude
additional appropriate civil or criminal penalties.
(f) The written contract shall be in both English and in
the language of the customer.
(g) A copy of the contract shall be provided to the
customer upon the customer's execution of the contract.
(h) A customer has the right to rescind a contract within
72 hours after his or her signing of the contract.
(i) Any documents identified in paragraph (3) of
subsection (c) shall be returned upon demand of the customer.
(j) No person engaged in providing immigration services
who is not exempted under this Section shall do any of the
following:

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

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

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damages to recover prohibited fees, or for such additional
relief as may be appropriate to deter, prevent, or compensate
for the violation. In order to deter violations of this
Section, courts shall not require a showing of the traditional
elements for equitable relief. A prevailing plaintiff may be
awarded 3 times the prohibited fees or a minimum of $1,000 in
punitive damages, attorney's fees, and costs of bringing an
action under this Section. It is the express intention of the
General Assembly that remedies for violation of this Section
be cumulative.
(n) No unit of local government, including any home rule
unit, shall have the authority to regulate immigration
assistance services unless such regulations are at least as
stringent as those contained in Public Act 87-1211. It is
declared to be the law of this State, pursuant to paragraph (i)
of Section 6 of Article VII of the Illinois Constitution of
1970, that Public Act 87-1211 is a limitation on the authority
of a home rule unit to exercise powers concurrently with the
State. The limitations of this Section do not apply to a home
rule unit that has, prior to January 1, 1993 (the effective
date of Public Act 87-1211), adopted an ordinance regulating
immigration assistance services.
(o) This Section is severable under Section 1.31 of the
Statute on Statutes.
(p) The Attorney General shall issue rules not
inconsistent with this Section for the implementation,

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

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

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

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

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

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

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

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

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

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

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

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

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payments, but not including hospital, surgical or
rehabilitation payments, into an additional Special Fund which
shall be designated as the "Rate Adjustment Fund". On March
15, 1991, the employer shall pay into the Rate Adjustment Fund
a sum equal to one half of 1% of all such compensation payments
made from July 1, 1990 through December 31, 1990. Within 60
days after July 15, 1991, the employer shall pay into the Rate
Adjustment Fund a sum equal to one half of 1% of all such
compensation payments made from January 1, 1991 through June
30, 1991. Within 60 days after January 15 of 1992 and each
subsequent year through 1996, the employer shall pay into the
Rate Adjustment Fund a sum equal to one half of 1% of all such
compensation payments made in the last 6 months of the
preceding calendar year. Within 60 days after July 15 of 1992
and each subsequent year through 1995, the employer shall pay
into the Rate Adjustment Fund a sum equal to one half of 1% of
all such compensation payments made in the first 6 months of
the same calendar year. Within 60 days after January 15 of 1997
and each subsequent year through 2005, the employer shall pay
into the Rate Adjustment Fund a sum equal to three-fourths of
1% of all such compensation payments made in the last 6 months
of the preceding calendar year. Within 60 days after July 15 of
1996 and each subsequent year through 2004, the employer shall
pay into the Rate Adjustment Fund a sum equal to three-fourths
of 1% of all such compensation payments made in the first 6
months of the same calendar year. Within 60 days after July 15

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

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

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

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

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

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

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

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

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

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1. Every person in the service of the State, county,
city, town, township, incorporated village or school
district, body politic or municipal corporation therein,
whether by election, appointment or contract of hire,
express or implied, oral or written, including any
official of the State, or of any county, city, town,
township, incorporated village, school district, body
politic or municipal corporation therein and except any
duly appointed member of the fire department in any city
whose population exceeds 500,000 according to the last
Federal or State census, and except any member of a fire
insurance patrol maintained by a board of underwriters in
this State. One employed by a contractor who has
contracted with the State, or a county, city, town,
township, incorporated village, school district, body
politic or municipal corporation therein, through its
representatives, shall not be considered as an employee of
the State, county, city, town, township, incorporated
village, school district, body politic or municipal
corporation which made the contract.
2. Every person in the service of another under any
contract of hire, express or implied, oral or written, who
contracts an occupational disease while working in the
State of Illinois, or who contracts an occupational
disease while working outside of the State of Illinois but
where the contract of hire is made within the State of

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

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

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

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

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

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

HB5004 Engrossed - 207 - LRB102 23330 RJF 32496 b
March 20, 2020, as long as individuals employed by essential
businesses and operations are required by their employment to
encounter members of the general public or to work in
employment locations of more than 15 employees. For purposes
of this subsection only, an employee's home or place of
residence is not a place of employment, except for home care
workers.
(3) The presumption created in this subsection may be
rebutted by evidence, including, but not limited to, the
following:
(A) the employee was working from his or her home, on
leave from his or her employment, or some combination
thereof, for a period of 14 or more consecutive days
immediately prior to the employee's injury, occupational
disease, or period of incapacity resulted from exposure to
COVID-19; or
(B) the employer was engaging in and applying to the
fullest extent possible or enforcing to the best of its
ability industry-specific workplace sanitation, social
distancing, and health and safety practices based on
updated guidance issued by the Centers for Disease Control
and Prevention or Illinois Department of Public Health or
was using a combination of administrative controls,
engineering controls, or personal protective equipment to
reduce the transmission of COVID-19 to all employees for
at least 14 consecutive days prior to the employee's

HB5004 Engrossed - 208 - LRB102 23330 RJF 32496 b
injury, occupational disease, or period of incapacity
resulting from exposure to COVID-19. For purposes of this
subsection, "updated" means the guidance in effect at
least 14 days prior to the COVID-19 diagnosis. For
purposes of this subsection, "personal protective
equipment" means industry-specific equipment worn to
minimize exposure to hazards that cause illnesses or
serious injuries, which may result from contact with
biological, chemical, radiological, physical, electrical,
mechanical, or other workplace hazards. "Personal
protective equipment" includes, but is not limited to,
items such as face coverings, gloves, safety glasses,
safety face shields, barriers, shoes, earplugs or muffs,
hard hats, respirators, coveralls, vests, and full body
suits; or
(C) the employee was exposed to COVID-19 by an
alternate source.
(4) The rebuttable presumption created in this subsection
applies to all cases tried after June 5, 2020 (the effective
date of Public Act 101-633) and in which the diagnosis of
COVID-19 was made on or after March 9, 2020 and on or before
June 30, 2021 (including the period between December 31, 2020
and the effective date of this amendatory Act of the 101st
General Assembly).
(5) Under no circumstances shall any COVID-19 case
increase or affect any employer's workers' compensation

HB5004 Engrossed - 209 - LRB102 23330 RJF 32496 b
insurance experience rating or modification, but COVID-19
costs may be included in determining overall State loss costs.
(6) In order for the presumption created in this
subsection to apply at trial, for COVID-19 diagnoses occurring
on or before June 15, 2020, an employee must provide a
confirmed medical diagnosis by a licensed medical practitioner
or a positive laboratory test for COVID-19 or for COVID-19
antibodies; for COVID-19 diagnoses occurring after June 15,
2020, an employee must provide a positive laboratory test for
COVID-19 or for COVID-19 antibodies.
(7) The presumption created in this subsection does not
apply if the employee's place of employment was solely the
employee's home or residence for a period of 14 or more
consecutive days immediately prior to the employee's injury,
occupational disease, or period of incapacity resulted from
exposure to COVID-19.
(8) The date of injury or the beginning of the employee's
occupational disease or period of disability is either the
date that the employee was unable to work due to contraction of
COVID-19 or was unable to work due to symptoms that were later
diagnosed as COVID-19, whichever came first.
(9) An employee who contracts COVID-19, but fails to
establish the rebuttable presumption is not precluded from
filing for compensation under this Act or under the Workers'
Compensation Act.
(10) To qualify for temporary total disability benefits

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under the presumption created in this subsection, the employee
must be certified for or recertified for temporary disability.
(11) An employer is entitled to a credit against any
liability for temporary total disability due to an employee as
a result of the employee contracting COVID-19 for (A) any sick
leave benefits or extended salary benefits paid to the
employee by the employer under Emergency Family Medical Leave
Expansion Act, Emergency Paid Sick Leave Act of the Families
First Coronavirus Response Act, or any other federal law, or
(B) any other credit to which an employer is entitled under the
Workers' Compensation Act.
(Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)
Section 155. The Unemployment Insurance Act is amended by
changing Sections 211.4 and 614 as follows:
(820 ILCS 405/211.4) (from Ch. 48, par. 321.4)
Sec. 211.4. A. Notwithstanding any other provision of this
Act, the term "employment" shall include service performed
after December 31, 1977, by an individual in agricultural
labor as defined in Section 214 when:
1. Such service is performed for an employing unit
which (a) paid cash wages of $20,000 or more during any
calendar quarter in either the current or preceding
calendar year to an individual or individuals employed in
agricultural labor (not taking into account service in

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agricultural labor performed before January 1, 1980, by a
noncitizen an alien referred to in paragraph 2); or (b)
employed in agricultural labor (not taking into account
service in agricultural labor performed before January 1,
1980, by a noncitizen an alien referred to in paragraph 2)
10 or more individuals within each of 20 or more calendar
weeks (but not necessarily simultaneously and irrespective
of whether the same individuals are or were employed in
each such week), whether or not such weeks are or were
consecutive, within either the current or preceding
calendar year.
2. Such service is not performed in agricultural labor
if performed before January 1, 1980 or on or after the
effective date of this amendatory Act of the 96th General
Assembly, by an individual who is a noncitizen an alien
admitted to the United States to perform service in
agricultural labor pursuant to Sections 214(c) and
101(a)(15)(H) of the Immigration and Nationality Act.
B. For the purposes of this Section, any individual who is
a member of a crew furnished by a crew leader to perform
service in agricultural labor for any other employing unit
shall be treated as performing service in the employ of such
crew leader if (1) the leader holds a valid certificate of
registration under the Farm Labor Contractor Registration Act
of 1963, or substantially all the members of such crew operate
or maintain tractors, mechanized harvesting or crop dusting

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equipment, or any other mechanized equipment, which is
provided by the crew leader; and (2) the service of such
individual is not in employment for such other employing unit
within the meaning of subsections A and C of Section 212, and
of Section 213.
C. For the purposes of this Section, any individual who is
furnished by a crew leader to perform service in agricultural
labor for any other employing unit, and who is not treated as
performing service in the employ of such crew leader under
subsection B, shall be treated as performing service in the
employ of such other employing unit, and such employing unit
shall be treated as having paid cash wages to such individual
in an amount equal to the amount of cash wages paid to the
individual by the crew leader (either on his own behalf or on
behalf of such other employing unit) for the service in
agricultural labor performed for such other employing unit.
D. For the purposes of this Section, the term "crew
leader" means an individual who (1) furnishes individuals to
perform service in agricultural labor for any other employing
unit; (2) pays (either on his own behalf or on behalf of such
other employing unit) the individuals so furnished by him for
the service in agricultural labor performed by them; and (3)
has not entered into a written agreement with such other
employing unit under which an individual so furnished by him
is designated as performing services in the employ of such
other employing unit.

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(Source: P.A. 96-1208, eff. 1-1-11.)
(820 ILCS 405/614) (from Ch. 48, par. 444)
Sec. 614. Noncitizens Non-resident aliens - ineligibility.
A noncitizen An alien shall be ineligible for benefits for any
week which begins after December 31, 1977, on the basis of
wages for services performed by such noncitizen alien, unless
the noncitizen alien was an individual who was lawfully
admitted for permanent residence at the time such services
were performed or otherwise was permanently residing in the
United States under color of law at the time such services were
performed (including a noncitizen an alien who was lawfully
present in the United States as a result of the application of
the provisions of Section 212(d) (5) of the Immigration and
Nationality Act); provided, that any modifications of the
provisions of Section 3304(a) (14) of the Federal Unemployment
Tax Act which
A. Specify other conditions or another effective date
than stated herein for ineligibility for benefits based on
wages for services performed by noncitizens aliens, and
B. Are required to be implemented under this Act as a
condition for the Federal approval of this Act requisite
to the full tax credit against the tax imposed by the
Federal Act for contributions paid by employers pursuant
to this Act, shall be applicable under the provisions of
this Section.

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Any data or information required of individuals who claim
benefits for the purpose of determining whether benefits are
not payable to them pursuant to this Section shall be
uniformly required of all individuals who claim benefits.
If an individual would otherwise be eligible for benefits,
no determination shall be made that such individual is
ineligible for benefits pursuant to this Section because of
the individual's noncitizen alien status, except upon a
preponderance of the evidence.
(Source: P.A. 86-3; 87-122.)
Section 995. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.
Section 999. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance
5 ILCS 312/2-102 from Ch. 102, par. 202-102
5 ILCS 805/10
20 ILCS 605/605-800 was 20 ILCS 605/46.19a in part
20 ILCS 1510/25
35 ILCS 5/1501 from Ch. 120, par. 15-1501
55 ILCS 5/3-12007 from Ch. 34, par. 3-12007
70 ILCS 2605/11.15 from Ch. 42, par. 331.15
110 ILCS 205/9.16 from Ch. 144, par. 189.16
110 ILCS 925/3.06 from Ch. 144, par. 1503.06
110 ILCS 930/2 from Ch. 144, par. 2302
110 ILCS 930/7 from Ch. 144, par. 2307
110 ILCS 947/65.50
110 ILCS 947/65.110
110 ILCS 952/20
110 ILCS 975/5 from Ch. 144, par. 2755
110 ILCS 975/6.5
215 ILCS 105/7 from Ch. 73, par. 1307
225 ILCS 50/8 from Ch. 111, par. 7408
305 ILCS 5/5-3 from Ch. 23, par. 5-3
330 ILCS 61/1-10
430 ILCS 65/4 from Ch. 38, par. 83-4
430 ILCS 65/8 from Ch. 38, par. 83-8
720 ILCS 5/17-6.5
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